Minutes 67-04-24MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
April 24, 1967
The regular n~eting of the Cypress City Council was called to order at
3:00 p.m. on April 24, 1967, by Deputy City Clerk Dorothy Jones in the
City Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT: None
ABSElqT: Councilmen Boweu, Harvey, Kanel, McCarney, and Noe
There not being a quorum, the Deputy City Clerk declared the meeting
adjourned at the hour of 3:02 p.m. until 4:00 p.m. this date.
CALL TO ORDER:
The Mayor called the meeting to order at 4:00 p.m. in the City Council
Chambers, with the following in attendance:
PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, and Assistant City Manager Darrell Dalton.
MINUTES:
It was moved by Councilman Bowen, seconded by Councilman Harvey, and
unanimously carried, to approve the minutes of the meeting of March 27,
1967, as mailed.
It was moved by Councilman Harvey, seconded by Councilman McCarney, and
unanimously carried, to approve the minutes of the meeting of April t,
1967, as mailed.
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to approve the minutes of the meeting of April 10,
1967, as mailed.
EXECUTIVE SESSION:
At the request of the City Manager, it was moved by Councilman Kanel,
seconded by Councilman Bowen, and unanimously carried, to declare a recess
at 4:02 p.m. in order to go into executive session with the City Manager,
City Attorney, and Assistant City Manager regarding pending litigation and
personnel.
The meeting was called back to order at 5:25 p.m., all City Councilmen
being present.
STAFF REPORTS AND DISCUSSIONS:
It was moved by Councilman Harvey, seconded by Councilman McCarney, and
unanimously carried, to consider appointments to the Fly Abatement Board
at this time.
It was moved by Councilman Harvey, seconded by Councilman Bowen, and
unanimously carried, to designate the following individuals to the Fly
Abatement Board, effective April 27, 1967: Councilman John Kanel, Planning
Commissioner Leo Baroldi, and residents Genevieve Neubauer, Robert Cardoza,
and John Vanderzee.
Following brief discussion, it was moved by Councilman Harvey, seconded by
Councilman Bowen, and unanimously carried, to consider reorganization of the
City Council during the evening portion of the meeting immediately follow-
ing Oral Communications.
It was moved by Councilman Harvey, seconded by Councilman Bowen, and
unanimously carried, to designate Thursday, May 18, 1967, as the time for
the next joint meeting with the Cypress Planning Commission.
April 24, 1967
COUNCILMAN KANEL REQUESTED PERMISSION TO BE EXCUSED AT 5:35 P.M.
At the request of the City Manager, it was moved by Councilman McCarney,
seconded by Councilman Bowen, and unanimously carried, to place on the
agenda for the evening meeting consideration of a Resolution regarding the
City's application for a Beautification Grant.
Following a review by the City Manager of the request to participate in a
radio program, it was moved by Councilman Harvey, seconded by Councilman
Bowen, and unanimously carried, to request the City Manager to participate
in the program.
The City Manager reviewed a request of the Local Agency Formation Commission
for the City of Cypress to annex a portion of Knott Avenue north of Katella
in conjunction with an annexation to the City of Stanton. The City Council
voiced no objection to this proposal.
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to consider a request from the City Attorney regarding
attendance at a Conference at this time.
It was moved by Councilman Harvey and seconded by Coancilman McCarney to
authorize the City Attorney to attend the League of California Cities City
Attorney Conference to be held in Sacramento on May 4, 5, and 6, and that
he be reimbursed for his actual and necessary expenses. The motion was
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Bowen, Harvey, McCarney, and Noe
None
Kanel
Councilman Harvey reviewed the results of the Aviation Committee Meeting
of the League of California Cities, which he had attended in Sacramento.
RECESS:
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to declare a recess at 5:55 p.m. until 7:30 p.m.
CALL TO ORDER:
The Mayor called the m~eting back to order at 7:30 p.m., with the following
in attendance:
PRESENT: Councilmen Bowen, Harvey, Kanel, McCarney, and Noe
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Assistant City Manager Darrell Dalton, Police Chief George
Savord, Building Superintendent Tom Nudson, Finance Director Jim Grissom,
and Public Works Director Arthur Schatzeder.
ORAL COMMUNICATIONS:
No oral communications were presented at this time.
REORGANIZATION OF CITY COUNCIL:
Mayor Frank P. Noe expressed appreciation forhaving the opportunity to
serve the City of Cypress as Mayor, and since he indicated last April that
he would serve only one more year in this position, he wished to resign
at this time. At the request of the Mayor, Councilman Harvey also resigned
from the position of Mayor Pro-Tem. With both the Mayor and Mayor Pro-Tem
positions vacant, the meeting was conducted by the City Clerk, who asked
for nominations for the position of Mayor.
Councilman Bowen nominated Coanncilman Harvey to the position of Mayor.
Councilman Kanel nominated Councilman Noe to the position of Mayor.
April 24, 1967
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to close the nominations for the position of Mayor.
In answer to a request from Councilman Kanel that secret ballots be cast,
the City Attorney indicated that this procedure could be followed if
desired by the Council. Councilmen Harvey and Noe indicated their preference
to have an open ballot.
Councilman Noe requested that his name be withdrawn from the nominations
and suggested that a unanimous vote be cast for Councilman Harvey for the
position of Mayor and Councilman Kanel for the position of Mayor Pro-Tem.
City Clerk Darrell Essex accepted Councilman Noe's withdrawal and indicated
that any action regarding the Mayor Pro-Tem would have to be taken in a
separate action.
Following further dis cussion, it was moved by Councilman Noe and seconded by
Councilman Bowen to cast a unanimous ballot for Councilman Harvey as Mayor
of the City of Cypress. The motion was unanimously carried by the following
roll call vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, McCarney, and Noe
NOES: 0 COUNCILMEN: None
ABSTAINED:i COUNCILMEN: Kanel
The City Clerk returned the conduct of the meeting to Mayor Robert Harvey,
at which time Mayor Harvey expressed his appreciation for his selection as
Mayor and commended Frank Noe for the accomplishments during his term of
office. Mayor Harvey asked for nominations for the position of Mayor Pro-Tem.
Councilman Noe nominate d Councilman Kanel for Mayor Pro-Tem.
Mayor Harvey nominated Councilman Bowen for Mayor Pro-Tem.
It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously
carried, that nominations~ closed.
The following roll call vote was east for Councilman Kanel as Mayor Pro-Tem:
AYES: 2
NOES: 3
COUNCILMEN: Kanel and Noe
COUNCILMEN: Bowen, McCarney, and Harvey
The following roll call vote was cast for Councilman Bowen as Mayor Pro-Tem:
AYES: 3 COUNCILMEN: Bowen, McCarney, and Harvey
NOES: 1 COUNCILMEN: Kanel
ABSTAINED:i COUNCILMEN: Noe
Councilman Bowen was elected by the Council to serve as Mayor Pro-Tem.
Mr. Roe Masullo addressed the Council, asking if he could speak at this
time. Mayor Harvey indicated that the Oral Conmunications portion of the
meeting was over and it was now time to proceed with the Public Hearings.
PUBLIC HEARING RE: MODIFICATION OF CONDITIONAL USE PERMIT NO. C-166 #2
(LARNIN COMPANY): The Mayor announced this was the time and place for the
Public Hearing to consider an application for modification of a Conditional
Use Permit to allow the construction of townhouses on property generally
located south of Orange Avenue, north of Ball Road, east of Bloomfield Street,
and west of Denni Street, in a P-D (Planned Development) zone, requested by
Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, known
as Modification of Conditional Use Permit No. C-166 #2.
The Mayor declared the Public Hearing open and requested the staff to
present its reports.
The City Manager stated thatthe Affidavits of Publication, Mailing, and
Posting of the Public Hearing Notices were on file in the OffiCe of the
City Clerk and no written communications concerning the matter had been
received.
April 24, 1967
Planning Director George Putnam reviewed the proposed Modification to the
Conditional Use Permit, which has been recommended for approval by the
Planning Commission subject to various conditions.
In answer to a question from Councilman McCarney, the City Manager explained
the need for an easement from the Cypress School District for drainage
purposes.
Planning Director George Putnam advised that Condition No. 8 should be
amended to read as follows: "8. The west side drain shall be aligned
within the street right -of-way and in an easement across the school property
and in aneasement betwean lots at the intersection of "O"smd "U" Streets."
The City Manager further advised the City Council that due to the fact that
the Agreement between the City and the Larwin Company for the installation
of certain drainage facilities in the area has not been completed, the
following condition should be added to the Conditional Use Permit: "15.
Approval of the Conditional Use Permit is subject to the execution of a
satisfactory Agreement between the Laxwin Company and the City of Cypress
regarding the provision for and financing of drainage facilities."
The Mayor asked if anyone in the audience wished to speak for or against
the proposed Conditional Use Permit modification.
Mr. Keith French, representing the Laxwin Company, addressed the Council,
stating that the Laxwin Company would accept the conditions as recommended.
Mr. Pete Van Ruiten addressed the Council, questioning the drainage
solutions in the subject area as they pertain to the development of his
property. The City Manager advised that the consideration of this item
did not affect in any way any private Agreements of Mr. Van Ruiten .
Mayor Harvey suggested that Mr. Van Ruiten confer with the City Staff at
another time since his questions do not pertain to the subject Conditional
Use Permit. In answer to a question from Councilman Noe, Mr. Van Ruiten
stated that he was not opposed to the Conditional Use Permit.
In answer to questions from Councilman Bowen, the Public Works Director
advised that the west side drain would have to be constructed prior to the
occupancy of the homes on "F" Street.
There being no oral protests and no written connnunications, it was moved by
Councilman McCaruey, seconded by Councilman Bowen, and unanimously carried,
to close the Public Hearing.
It was moved by Councilman Noe and seconded by Councilman Bowen to approve
Modification of Conditional Use Permit No. C-166 #2, subject to the follow-
ing conditions:
All landscaping plans for the tDwnhouse section shall be
approved by the City staff.
A swimming pool with clubhouse and cabana shall be provided
for the townhouse development; the size of the pool shall be
equivalent to that of the model site of the Tanglewood
Townhouses.
All C.C. & R's shall be approved in detail, prior to the
issuance of building permits for the townhouses.
The location of the pool and clubhouse shall be immediately
easterly of Waverly Drive.
All building setbacks shall be no less than those required in
the R-4 zone for the townhouses.
"B" Street shall extend to the north, and "D" Street shall be
extended to the west and intersect with "B" Street, thereby
eliminating the commercial area located at the southeast.
April ~4, 1967
7. "M" and "U" Streets shall be connected as indicated on
Exhibit "C".
8. The west side drain shall be aligned within the street right-of-
way and in an easement across the school property and in an
easement between Lots at the intersection of "0" and "U" Streets.
9. Minimum setback from back of sidewalk to garage door shall be
twenty feet (20').
10. The final building location on the lot shall be approved by
the Planning Director.
11. All conditions imposed upon approval of Tentative Tract Map
No. 5374, Revised, shall apply to this Conditional Use Permit.
12. A map indicating all revisions shall be submitted to the
Planning Department.
13. Houses constructed on single-family lots shall be La~win Company
"Greenbrook" type.
14. Townhouse accessory structures for the parking of motor vehicles
shall be garages instead of carports.
15. Approval of Conditional Use Permit is subject to the execution of
a satisfactory Agreement between the Larwin Company and the City
of Cypress regarding the provision for and financing of drainage
facilities.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
PUBLIC HEARING RE:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
ADOPTION OF SPECIFIC PLAN FOR PRECISE ALIGNMENT OF
CERRITOS AVENUE: The Mayor announced this was the time and place for
the Public Hearing to consider the adoption of a Specific Plan for the
precise alignment of Cerritos Avenue from a point approximately g0 feet
west of Valley View Street westerly of Angela Avenue, initiated by the
Cypress Planning Commission.
The Mayor declared the Public Hearing open and requested the staff to
present its reports.
The City Manager advised that the affidavits of posting and publication
of the Public Hearing notices were on file in the Office of the City
Clerk and no written communications have been received concerning this matter.
Planning Director George Putnam reviewed the need for adoption of a specific
plan for the precise alignment of Cerritos Avenue west of Valley View Street
in order to have a guide for the ultimate roadway in this area, and further
outlined the recommended alignment.
Mayor Harvey asked if anyone in the audience wished to speak for or against
the proposed alignment of Cerritos Avenue. No members of the audience
spoke on this matter.
In answer to a question from Councilman Noe, the Public Works Director
advised that to the best of his knowledge, no public utilities, drainage
facilities, or sewers are involved in the realignment of Cerritos Avenue.
He further indicated, however, that there was an Edison Company pole
which would have to be relocated.
The City Manager explained that the item under consideration only
pertained to the alignment of the street and that the relocation of
utilities and other facilities would be considered at such time as the
Plans and Specifications for the improvement project were completed.
April 24, 1967
There being no oral protests and no written communications, it was
moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, to close the Public Hearing.
It was moved by Councilman Noe and seconded by Councilman Bowen to adopt
the following Resolution, title as follows:
RESOLUTION NO. 767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING A SPECIFIC PLAN FOR THE PRECISE ALIGNMENT OF
CEILRITOS AVENUE, WEST OF VALLEY VIEW STREET.
The motion was unanimously mrried by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: TRANS-
MITTAL OF MINUTES: The City Manager presented a communication dated
March 20, 1967, from the Orange County Mosquito Abatement District,
transmitting a copy of the Minutes of the District from its meeting of
March 16, 1967.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM VICE PRESIDENT HUMPHREY RE: ESTABLISHM~,~T OF COUNCIL
ON YOUTH OPPORTUNITY: The City Manager presented a conmunication dated
March 25, 1967, from Vice President Hubert H. Humphrey, requesting the
City Council to establish a Council on Youth Opportunity, the goal of
which is to provide summer employment for the young people throughout
the Country.
Following brief discussion, it was moved by Councilman Bowen, seconded by
Councilman McCarney, and unanimously carried, to request the City Manager
to forward the materials on the Youth Opportunity Council to the Cypress
Area Youth Council for appropriate consideration and action.
COMMUNICATION FROM CITIES OF COSTA MESA AND NEWPORT BEACH RE: PRE-EMPTION
BY STATE IN MATTERS OF LOCAL CONCERN: The City Manager presented
communications dated April 18, 1967, from the Cities of Costa Mesa and
Newport Beach, transmitting copies of Resolutions dealing with the pre-
emption of the State in matters of local concern.
The Resolution from the City of Newport Beach endorses Assembly Bill No.
877, which is designed to establish standards and guidelines to define
the areas of legislation which have not been occupied by State legislation.
The Resohtion from the City of Costa Mesa requests support of Assembly
Bill No. 806, which amends the Penal Code to declare the intention of the
Legislature not to pre-empt the field of indecent exposure.
It was moved by Councilman Noe, seconded by Councilman McCarney, and
unanimously carried, to adopt the following Resolution in support of
Assembly Bill 877, and further direct the City Manager to recommend that
in consideration of A.B. 877 the Legislature determine that it does not
intend to limit the authority of a City or County in the regulations of the
field of indecent exposure. Title of the Resolution is as follows:
RESOLUTION NO. 768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
EXPRESSING ITS SUPPORT FOR ASSEMBLY BILL 877 CONCERNING
PRE-EMPTION BY THE STATE
COMMUNICATION FROM JACK R. ROBERTS RE: STATUS OF CITY INSURANCE: The City
Manager presented a communication dated April 18, 1967, from Mr. Jack R.
Roberts, 9672 Salisbury Lane, Cypress, requesting advice as to the procedure
to be followed in writing insurance for the City of Cypress.
April 24, 1967
The City Manager reviewed the status of the current insurance coverage
for both the employees' life and health plans and for the public liability,
public buildings, and auto insurance policies, indicating that a change in
insurance brokers at this time would not be feasible.
Following discussion, it was moved by Councilman Noe, seconded by
Councilman Bowen, and unanimously carried, to request the City Manager to
advise Mr. Roberts of the status of the Cityls insurance coverage and Brokers
of Record, and further to request proposals On insurance coverage from all
local firms at such time as the present policies expire.
COMMIrNICATION FROM ST. IRENAEUS CHURCH REQUESTING WAIVER OF CONDITIONAL USE
PERMIT FILING FEE: The City Manager presented a comnunication dated
April 19, 1967, from Rev. Peter C. Caslin, requesting on behalf of the
St. Irenaeus Church a waiver of the fee required for a Conditional Use
Permit on conjunction with the Annual Parish Bazaar scheduled from June 9-11,
1967.
The City Manager advised that such a waiver could be granted to the church,
as a non-profit organization, in accordance with Resolution No. 690.
It was moved by Councilman Noe, and seconded by Cotmcilman Kanel to
approve the request and authorize a waiver of the $50.00 filing fee for
the Conditional Use Permit for the St. Irenaeus Church Annual Bazaar to
be held on June 9-11, 1967. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
COMMUNICATION FROM LOS ANGELES COUNTY BOARD OF SUPERVISORS lIE: PUBLIC
NUISANCE AT DEL AMO FERTILIZER PLANT: The City Manager presented a
communication dated April 19, 1967, from the Chairman of the Los Angeles
County Board of Supervisors, outlining the consideration of the Los
Angeles County Air Pollution Control District pursuant to City Council
Resolution No. 763 which requested the Board of Directors of the Air
Pollution Control District to declare the Fertilizer Plant at 12801Del
Amo Boulevard as a public nuisance. A review of the correspondence
indicates that neither the Air Pollution Control District nor the Los
Angeles County Health Officers are concerned over the present operation
of the Fertilizer Plant.
The City Manager also presented a communication dated April 21, 1967,
from the City of La Palma, indicating that their City Council has taken
under advisement for further study the Resolutions transmitted by the
City of Cypress. Also presented was a Resolution dated April 4, 1967, from
the Orange County Board of Supervisors, advising the City Council that a
Conmittee was being formed to seek the cooperation and assistance of the
City of Los Angeles, Dairy Valley, and the Los Angeles County Air Pollution
Control District regarding this matter.
In answer to a question from Councilman Kanel, the City Attorney indicated
that Doctor Russell, of the Orange County Health Department, had testified
at the court trial regarding the fertilizer plant that the particles of
dust from the manure piles were injurious to health. Councilman Kanel
then referred to a recent newspaper article in which another member of the
Health Department staff had indicated that individuals cannot be affected
by the manure piles. He further stated he feels something more should be
done regarding this matter than just corresponding with the various agencies.
Councilman Noe read in full the communication received from the Los Angeles
County Board of Supervisors, following which the City Attorney indicated
he would like an opportunity to reply to the subject con~nunication, which
he feels contains inconsistent statements.
Following further discussion, it was moved by Councilman Noe, seconded
by Councilman Bowen, and unanimously carried, to instruct the City Attorney
to communicate with the Los Angeles County Board of Supervisors in answer
to Chairman Bonelli's communication, with a copy of the City Attorney's
reply and the three Resolutions previously adopted to be mailed to the
State Department of Public Health.
April 24, 1967
COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE
BEER AND WINE LICENSE AT U'TOTE'M MARKET~ 5049 BALL ROAD, CYPRESS: The
City Manager presented a communication from the Department of Alcoholic
Beverage Control, advising the City of a supplemental application for
transfer of an off-sale beer and wine license at the U'Tote'M Market,
5049 Ball Road, Cypress, from National Drive-In Grocery Corporation to
Mary and William Davies. The supplemental application deletes the
partner Henry F. Foust, who was formerly m the application protested
by the City Council. The Police Department has reviewed the supplemental
application and finds no basis for protest.
It was moved by Councilman Noe, seconded by Councilman Kanel, and
unanimoesly carried, this communication be received and filed.
COMMUNICATION FROM STATE CONTROLLER RE: ADVANCE APPORTIONMENT OF VEHICLE
LICENSE FEE REVENUES FOR CITY: The City Manager presented a coEanunica-
tion dated April 7, 1967, from the State Controller, advising the City
Council of the advance apportionment of vehicle license fee revenues for
the City for the 1966-67 fiscal year.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, this con~nunication be received and filed.
RECESS:
It was moved by Councilman Bowen, seconded by Councilman McCarney, and
unanimously carried, to declare a recess at 8:52 p.m.
The meeting was called back to order at 9:02 p.m., all City Councilmen
being present.
CHAMBER OF COERCE REPORT OF ACTIVITIES: The City Manager presented a
report dated April 20, 1967, indicating that the Chamber of Conmerce has
requested time on the agenda to present an oral report on the activities
of the Chamber of Commerce for the past seven months.
Mr. Orrin Maybee, President of the Cypress Chamber of Commerce, addressed
the Council and presented a report dated April 24, 1967, a copy of which
is on file in the Office of the City Clerk, outlining the various activities
undertaken by the Cypress Chamber of Commerce during the past seven months.
Councilman Kanel stated that he thought the Chamber's report would have
been more detailed, and indicated for the record that if, when the matter
of renewing the City's subsidy to the Chamber comes up once again, there
are not tangible returns brought into the City by the Chamber, he plans to
vote against the City's aid to the Chamber of Con~DErce. He further
commented that although he realizes the importance of publicity, he feels
industry and commerce have not been reached. Councilman Kanel also
questioned the number of members in the Chamber, stating he feels it should
be more strongly supported by local businesses.
Councilman Noe complimented Mr. Maybee for the time and effort h~ has
expended as a citizen of Cypress and officer of the Chamber, and indicated
his satisfaction with the efforts put ~rth by the Chamber of Commerce
since it has been financially assisted by the City.
Mr. Maybee again addressed the Council, stating that the Chamber feels
that the results of their efforts would be forthcoming in the near future,
and in answer to a question from Councilman Bowen, stated that there
are presently between 90 and 100 members in the Chamber.
Councilman Kanel stated that he concurred with the statements made by
Councilman Noe; however, he is hopeful that some tangible results will be
seen within the next few months.
There being no further comments concerning the Chamber of Commerce report,
Mayor Harvey expressed the Council's appreciation for Mr. Maybee's atten-
dance and presentation at the meeting.
April 24, 1967
CONSIDERATION OF FINAL TRACT MAP NO. 6194 (ANDOVER LAND COMPANY): The
City Manager presented Final Tract Map No. 6194, located on the northeast
corner of Walker Street and Ball Road, 11.332 acres, 61 R-1 lots, 1 park
site, as requested by Andover Land Company, 10889 Wilshire Boulevard,
Los Angeles, California. Also presented was a report dated April 19,
1967, from the Public Works Director, recommending approval of the Final
Tract Map subject to approval of the bonds and agreements by the City
Attorney.
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
Final Tract Map No. 6194, accept the bonds and agreement for public
improvements in the amount of $94,750.00, which is not less than 50% and
not more than 100% of the total improvements; and authorize the Mayor and City
Clerk to sign the bonds and agreements, and authorize the City Clerk to sign
the record map upon approval of the bonds and agreements by the City
Attorney. The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR
BIDS FOR VAIJ,EY VIEW STREET IMPROVEMENT FROM CERRITOS AVENUE TO 1,318
FEET SOUTH OF ORANGEWOOD AVENUE: At the request of the City Manager,
the Public Works Director reviewed a report dated April 20, 1967, indicat-
ing that plans and specifications for the improvement of Valley View Street
from Cerritos to 1318 feet south of Orangewood Avenue have been completed.
He advised that since preparation of his report, the cost estimates for
the construction had been revised to a total of $144,000, which includes
$108,700 for the construction and $36,300 for right-of-way costs. This
revision was necessary due to the structural requirements for the street
based on tests by the Orange County Engineering Department. The Public
Works Director also explained negotiations with the Southern Pacific
Company regarding the railroad signal improvements in the subject area,
and indicated that a portion of the street will have to be closed during
the improvement project.
In addition to the recommendation contained in his report, the Public
Works Director suggested that the City Council authorize the execution
by the City Clerk of the Certificate of Right-of-way upon receipt of
the Court's order of immediate possession for the property, change the
date for receipt of the bids to Jane 1, 1967, at 10:00 a.m., and approve
the change in the project cost estimate.
Following brief discussion concerning the project, it was moved by
Councilman Noe and seconded by Councilman Bowen to approve the Plans and
Specifications and authorize the City Clerk to advertise for bids for the
improvement of Valley View Street from Cerritos Avenue to 1318 feet south
of Orangewood Avenue, said bids to be received on June 1, 1967, at 10:00
a.m. in the Office of the City Clerk, approve the estimated total cost
revision for the construction of $144,000, and authorize the City Clerk
to execute the Certificate of Right-of-Way upon receipt of the Court's
Order of Immediate Possession for the property. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe,
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
and Harvey
WEED AND RUBBISH ABATEMENT PROGRAM--DECLARATION OF CITY'S INTENTION TO
ABATE CERTAIN PROPERTIES: The City Manager presented a report dated
April 20, 1967, from the Public Works Director, indicating that the Weed
Abatement Contractor has completed a listing of the properties in the City
which are considered to be nuisances and/or fire hazards. Notification
to the property owners will consist of both posting and written notification.
In answer to a question from Councilman Noe, the City Manager stated that
the Weed Abatement Contractor, in conjunction with the Public Works
Inspector, is responsible for determining which properties are nuisances,
and further indicated that no abatement action will be taken until a
Public Hearing is l~ld before the City Council, at which time all property
owners involved will have an opportunity to speak concerning their property.
April 24, 1967
Following brief discussion, it was moved by Councilman Bowen and seconded
by Councilman Kanel, to adopt the following Resolution listing the pro-
perties determined to be nuisances and establishing May 22, 1967, at 7:30 p.m.
as the time for the Public Hearing to consider objections of the property
owners. Title of the Resolution is as follows:
RESOLUTION NO. 769
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
FLY ABATEMENT BOARD APPOINTMENTS: The City Manager advised that the
recent City Code amendment regarding membership on the Fly Abatement Board
will become effective on April 27, 1967, which will provide that the Board
consist of five members, one representative from the City Council, one
member representing the Planning Commission and three members at large.
Mayor Harvey stated that during the afternoon portion of the City Council
meeting, the City Council voted to ananimously select the following
individuals to serve on this Board: Councilman John Kanel, Planning
Commissioner Leo Baroldi, and residents Genevieve Neubauer, Robert Cardoza,
and John Vanderzee.
Councilman Kanel indicated that he misunderstood the action taken in the
afternoon session and would like to change his vote and state for the
record that he is opposed to the appointment of Mrs. Neubauer and Mr.
Baroldi as members of the Fly Abatement Board. The City Attorney advised
that the City Council action in the afternoon had carried; however, Council-
man Kanel was entitled to enter the basis of his protest to the action.
CLAIM FOR DAMAGES--GLADYS A. RETTERL: The City Manager presented a
report dated April 20, 1967, indicating that the City has received a
verified daim for damages from Gladys A. Ketterl, 4765 Larwin Avenue,
Cypress, in the amount of $17,081.75, for injuries sustained in an acci-
dent in the construction area of the Metropolitan Water District feeder
line on Ball Road.
It was moved by Coancilman Kanel and seconded by Councilman McCarney to
deny the Claim for Damages submitted by Gladys A. Ketterl and request the
City Manager to inform the City's Insurance Carrier of this action. The
motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
ORDER OF BUSINESS--CITY COUNCIL MEETINGS: The City Manager presented a
report dated April 20, 1967, indicating that no amendments are required
to the RasolUtimsetting forth the order of the City Council Agenda to
change the invocation and flag salute from the afternoon session to the
evening session of the City Council Meeting. An amendment to the City
Code, however, would be required in order to change the time of the
afternoon session from 3:00 to 4:00 p.m.
It was nDved by Councilman Bowen, seconded by Councilman McCarney, and
unanimously carried, to read by title only the following Ordinance,
changing the time of the afternoon sessions of the City Council meetings
to 4:00 p.m. Title of the Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ENDING CHAPTER 2, ARTICLE I, SECTION 2-1 OF THE CYPRESS
CITY CODE RELATING TO THE TIME OF CITY COUNCIL MEETINGS
April 24, 1967
It was moved by Councilman Bowen and seconded by Councilman McCarney to
adopt the first reading of this Ordinance. The motion was carried by
the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, and Harvey
Noe
None
Councilman Noe explained that he had voted against adoption of this Ordinance
as he feels the Coancil should meet at 3:00 p.m. in order to have an
opportunity to consider the many items of City business. Co~mcilman Kanel
concurred with the statement of Councilman Noe; however, after discussion,
no further action was taken.
FINAL PAYMENT FOR CIVIC CENTER CONSTRUCTION: The City Manager presented
a report dated April 20, 1967, indicating that the Cypress Civic Center
Corporation filed the Notice of Completion of the Civic Center on March 15,
1967, and 35 days following this time, the final ten percent construction
payment is due to the Azar Construction Company.
Although one lien has been filed, the Attorney for the Corporation has
advised that the final payment can be released if a sufficient bond is
posted to cover the amount of the lien.
It was moved by Councilman Kanel, seconded by Councilman Noe, and
unanimously carried, to recormnend to the Cypress Civic Center Corporation
the approval of the final payment for the Civic Center construction to the
Azar Construction Company, providing an adequate bond has been posted
guaranteeing payment of the lien which has been filed and subject to the
completion of all required corrections.
CERTIFICATION OF EMPLOYMENT LIST FOR SECRETARY TO POLICE CHIEF: The City
Manager advised that no action was required by the City Council on this
item, as no individuals had passed the test for the position.
REPORT OF RECEIPTS AND EXPENDITURES--PERIOD OF JULY 1, 1966 TO MARCH 31~
1967: The City Manager presented a report dated April 20, 1967, trans-
mitting and summarizing the Statement of Actual Receipts and Expenditures
for the period of July 1, 1966 to March 31, 1967.
It was moved by Councilman Noe
report be received and filed.
following roll call vote:
and seconded by Councilman Bowen, this
The motion was unanimously carried by the
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES--MARCH 1967: The
City Manager presented the Monthly Variance Report of Revenues and Expendi-
tures for March 1967.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, this report be received and filed.
MONTHLY ACTIVITY REPORT FOR MARCH 1967: It was moved by Councilman
McCarney, seconded by Councilman Bowen,and unanimously carried, to receive
and file the Monthly Activity Report for March 1967.
APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 16950 THROUGH 16996: It
was moved by Councilman McCarney and seconded by Councilman Bowen to
approve the Commercial Warrant List, Warrants No. 16950 through 16996 in
the total amount of $28,579.07. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
April 24, 1967
SECOND READING ORDINANCE ENDING SECTION 11-11 OF THE CITY CODE RE: TIME
FOR SALE OF FIREWORKS: It was moved by Councilman Noe, seconded by
Councilman McCarney, and unanimously carried, the following Ordinance be
read by title only, ~tle as follows:
ORDINANCE NO. 347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 11, ARTICLE II, SECTION 11-11 OF THE
CYPRESS CITY CODE RELATING TO FIREWORKS
It was moved by Councilman Bowen and seconded by Councilman McCarney to
approve the second reading of this Ordinance. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUCNILMEN:
ABSENT: 0 COUCNILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
GENERAL DISCUSSION:
Councilman Kanel indicated he had several items he wished to bring before
the City Council at this time. He suggested the possibility of inquiring
of the Governor's office as to why no letter of congratulations was sent
to the City by the Governor in recognition of the completion of the Civic
Center.
Councilman Kanel read an article in which Superior Court Judge B. Abbot
Goldberg had ruled that the Sacramento County Board of Supervisors violated
the Brown Act by banning the press from a meeting between the Board of
Supervisors and labor leaders regarding the recent social workers strike.
The Superior Court ruling further held that executive sessions between
legislative bodies and their attorneys were not allowed under his inter-
pretation of the Brown Act. Councilman Kanel stated that he brought this
to the attention of the Council inasmuch as he had been the only Councilman
voting against the request of the League of California Cities to oppose
legislation which would not allow for executive sessions between City
Councils and their Attorneys. The City Attorney advised the Council that
an Attorney General's opinion is in direct opposition to the ruling of
Judge Goldberg and there is a Civil Code section which specifically grants
priviledged communications between an attorney and his client.
RESOLUTION RELATING TO BEAUTIFICATION PROGRAM: The City Manager advised
that ~t has been determined that the Resolution relating to the Beautifi-
cation Program, should not be adopted until a similar Resolution is approved
by the Planning Conmission. It was moved by Councilman Noe, seconded by
Councilman Bowen, and unanimously carried, to continue consideration of
the Resolution relating to the Beautification Program.
COMMENDATION OF CITY BUILDING INSPECTOR: Councilman Noe presented a
communication he had received from Mr. Fred C. Chase, 6912 Tahiti Drive,
Cypress, coranending City Building Inspector Mr. James W. Wright, for the
superior job done in inspecting their recently constructedswimming pool.
ORAL COMMUNICATIONS:
Mr. Roe Masullo, 10521 Ritter Street, Cypress, addressed the Council,
questioning the appoimtments made to the Fly Abaten~nt Board and referred
to a communication from the Orange County Health Department which outlined
the main contributors to the fly problem in his neighborhood.
In answer to a statement by Mr. Masullo regarding the reasons for the
removal and reappointment of the previous Fly Abatement Board members,
Mayor Harvey explained that the previous Board members had not been removed
because of their inability to conduct themselves properly.
Councilman Kanel indicated he felt citizens should have the right to
question appointments made by the Council. The City Attorney stated that
a Councilman does have the prerogative to make appointments without
j~stification or explanation; however, citizens are also allowed to
question such appointments if desired.
April 24, 1967
At the request of Councilman Bowen, Mr. Masullo read in full a conmunication
addressed to Assemblyman Cory from Mr. Robert Stone on behalf of Doctor
Russell of the Orange County Health Department, indicating that there were
three major potential contributors to the fly problem in the vicinity of Mr.
Masullo's residence.
Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, stating
that he has attended the past few Council meetings when statements have
been made regarding the fly problem, and he feels the Council is doing
the best job possible in alleviating this problem and that many of the
statements made have been unduly critical of the Council.
Mayor Harvey expressed his appreciation for Mr. Parker's conments and
indicated that emotional feelings often cloud the issues before the Council.
Councilman Kanel expressed his support of the right of individuals to
voice their opinions at City Council meetings.
No further oral communications were presented at this time.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Noe, seconded by Councilman Bowen, and unanimously
carried, to adjourn the meeting at 10:22 p.m.
ATTEST:
· ,~:~_ ; '!~
CITY CLERK OF THE CItY OF CYPRESS
'MAYOR OF
April 24, 1967