Minutes 67-05-22MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
May 22, 1967
The regular meeting of the Cypress City Council was called to order at
3:00 p.m. on May 22, 1967, by Deputy City Clerk, Dorothy Jones, in the
City Council Chambers, 5275 Orange Avenue, Cypress, California.
PRESENT: None
ABSENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey
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, Kanel, McCarney, Noe, and Harvey
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 McCarney, seconded by Councilman Bowen, and
unanimously carried, to approve the minutes of the meeting of May 8, 1967,
as mailed.
EXECUTIVE SESSION:
At the request of the City Manager, it was moved by Councilman Noe,
seconded by Councilman Kanel, and unanimously carried, to declare a
recess in order to go into executive session with the City Manager,
City Attorney, and Assistant City Manager concerning pending litigation
known as the "City of Cypress vs. Columbia Advertising Company" and
for a personnel matter. The recess was declared at 4:07 p.m.
The meeting was called back to order at 4:30 p.m., all Councilmen being
present.
At the request of the City Manager, it was moved by Councilman Noe,
seconded by Councilman Kanel, and unanimously carried, to consider an
Agreement with the County of Orange for the improvement of Katella Avenue
at this time.
The City Manager reviewed an Agreement prepared by the County of Orange
for the construction, inspection, and administration responsibilities for
the proposed Katella Avenue reconstruction project. The County has
requested the City Council to adopt a Resolution, designating the County
of Orange as the coordinating agency for the Federal Aid Secondary Urban
Extension construction project on Katella.
It was nDved by Councilman Noe and seconded by Councilman Bowen to approve
the Agreement between the City of Cypress and County of Orange regarding
the construction of roadway improvements on Katella Avenue, and authorize
the Mayor to sign and City Clerk to attest the Agreement subject to
approval as to formby the City A~D~ey. The motion was unanimously
carried by the following roll call vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEN: Bowen, Kanet, McCarney, Noe, and Harvey
COUNCILMEN: None
COUNCILMEN: None
May 22, 1967
It was further moved by Councilman Bowen and seconded by Councilman Noe
to adopt the following Resolution, title as follows:
RESOLIFfION NO. 773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DESIGNATING THE COUNTY OF ORANGE AS THE COORDINATING
AGENCY FOR THE FEDERAL AID SECONDARY URBAN EXTENSION
CONSTRUCTION PROJECT ON KATELLA AVENUE FROM 2668' WEST
OF VALLEY VIEW STREET ~D KNOTT AVENUE
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABS[NT: 0 COUCNILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was moved by Councilman Bowen, seconded by Councilman Kanel, and
unanimously carried, to place the request to consider a Public Works
Superintendent position on the agenda with Item No. 18.
The City Manager briefly reviewed discussions he had held with Mr. Beekman,
of Congressman Hanna's Office, regarding the location of the Naval Ordinance
Test Station at the Los Alamitos Naval Air Station, which is scheduled
for consideration under the Written Communications portion of the evening
City Council maeting. Following discussion, it was moved by Councilman
Kanel, seconded by Councilnmn Bowen, and unanimously carried, to include
in the proposed Resolution of the City Council regarding this matter the
various suggestions made by Congressman Hanna's Office.
Following brief discussion, it was moved by Councilman Kanel, seconded by
Councilman Bowen, and unanimously carried, to consider as the first item
of new business at the evening meeting the street improvements required on
Bloomfield Street in conjunction with Tract No. 6276.
Discussion ensued concerning the conduct of the Oral Communications portion
of the agenda, with particular reference to the length of time individuals
may be allowed to speak.
RECESS:
It was moved by Councilman Noe, seconded by Councilman Kanel, and
unanimously carried, to declare a recess at 4:57 p.m. until 7:30 p.m.
CALL TO ORDER:
The Mayor called the meeting back to order at 7:30 p.m. with the following
in attendance:
PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey
ABSENT: None
Also p resent were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Assistant City Manager Darrell Dalton, Building Superinten-
dent Tom Nudson, Public Works Director Arthur Schatzeder, Planning Director
George Putnam, Finance Director Jim Grissom, and Police Lieutenant Robert
Murray.
ORAL COMMUNICATIONS:
There being a large audience in attendance regarding proposed Annexation
No. 67-1 to the City of Cypress, Mayor Harvey requested the City Manager to
review the background of the annexation.
City Manager Darrell Essex explained that the City Council, upon the request
of five property owners in the proposed ar~a for annexation, had consented
to the filing of a map with the Orange County Local Agency Formation Commis-
sion. The City Manage.r further reviewed the annexation procedures, including
the processing of the map by the Local Agency Formation Commission and the
requirement for the proponents to c{rculate petitions in the area, which
must contain signatures of 25 percent of the registered voters before the
annexation is presented to the City Council. The City Manager further outlined
the requirements for a protest hearing by the property owners and the conduct
of an election in the area proposed for annexation.
May 22, 1967
Mr. William Timlin, 8371 Gay Street, Cypress, addressed the Council,
asking if any surveys had been completed regarding the desirability of
annexation of the area, and inquiring as to the required expenditures
of funds for the proceedings. Mr. Timlin was advised that no surveys have
been conducted and that no funds would be required unless the matter were
to be set for an election. In response to another inquiry from Mr. Timlin,
the City Manager stated that if protest signatures of over 50 percent of
the registered voters were obtained, the City Council may wish to halt
further annexation proceedings.
Mr. A1 Willjams, 8542 La Salle, Cypress, addressed the Council, suggesting
that the City Council proceed no farther with the annexation request, as
he feels the matter will be defeated.
Mrs. John Smith, 9399 Esther Street, Cypress, addressed the Council, stating
that as a resident of the City she is not in favor of the annexation.
Mr. Gerald Good, 8412 Denni Street, Cypress, addressed the Council, inquir-
ing as to what financial responsibilities would be imposed upon the area
if annexed to the City, and urging that the msidents be officially notified
of the annexation proceduras. At the request of the Mayor, the City Manager
reviewed the financial obligations of individuals residing within the City
limits as opposed to the County unincorporated areas, and explained the
&dditional services which would be afforded to the area if annexed to the
City. He also advised that State law requires public notice to be given to
the property owners prior to the protest hearing before the City Council.
Mr. Allan Banick, 8471 Watson Street, Cypress, questioned the City Council
regarding the tax rate and additional services which would be provided to
the area if annexed. The City Manager explained that the City tax rate was
$1.00 per $100 assessed valuation and reviewed the services provided by
the City of Cypress. In response to an inquiry from Mr. Banick regarding
the business license on apartment houses, Councilmen Noe, McCarney, and
Harvey indicated opposition to repealing the business license for apartment
house operatim and Councilmem Kanel and Bowen indicated they would require
further study before making a statement.
Councilman Kanel indicated he wanted to apologize for the remarks made by one
of the Planning Commissioners to Mr. Banick at the Commission's recent
m~eting concerning the annexation.
At the request of Mr. William Henry, 4701 Simone Way, Cypress, the names
and addresses of the five individuals requesting the annexation proceedings
were read.
In response to a question from Councilman Kanel, the City Attorney reviewed
the procedures required by the Annexation Act of 1913, and advised
Mr. Kanel that no action could be taken at this time by the City Council
to cancel the hearing scheduled before'the Local Agency Formation Conm~ission
concerning the annexation, since the area is an inhabited annexation and
the proceedings were requested by residents in the area. Councilman Kanel
expressed concern over the fact that five individuals in a large unincorpor-
ated area could initiate annexation proceedings for the whole area, and
further suggested that the City Manager be provided with specific instruc-
tions by the City Council prior to the annexation hearing before the Local
Agency Formation Commission.
Mr. Jesse Black, 5422 De Long Street, Cypress, addressed the Council,
indicating that the residents in the proposed area of annexation are
concerned with the problems of zoning, the future of the special districts,
the City tax rate, and the status of the private mutual water associations.
Mayor Harvey agreed that further information was required to be presented
to the residents in the area and that the proponents would be obligated
to provide these answers during the course of the annexation proceedings.
Mayor Harvey thanked the members of the audience for their participation
and advised that further oral con~nunications would have to be withheld
until the end of the meeting inasmuch as a Public Hearing had been
scheduled at this time for consideration by the City Council.
The City Manager suggested that.individuals having further specific
questions regarding the annexation proposal contact the City Hall.
May 22, 1967
RECESS:
The Mayor declared a recess at 8:22 p.m. The meeting was called back to
order at 8:32 p.m., all Councilmen being present with the exception of
Councilman Kanel.
PUBLIC HEARING RE: OBJECTIONS TO 1967 WEED ABATEMENT PROGRAM: The Mayor
announced this was the time and place for the Public Hearing to consider any
objections to the proposed removal of weeds, rubbish, refuse, and dirt, as
noted in Resolution No. 769, declaring public nuisances and the intention
to abate. The Mayor declared the Public Hearing open and asked the staff
to present its reports.
The City Manager stated that the affidavits of publishing and posting the
Notices of the Public Hearing are on file in the Office of the City Clerk,
and no written conmunications have been received by the City Clerk's Office.
COUNCILMAN KANEL RETURNED TO HIS CHAIR ON THE PODIUM AT 8:33 P.M.
The Public Works Director advised that one communication had been received
requesting an extension of time for removal of weeds, and stated that other
individuals who had verbally requested an extension of time had been advised
that if the property was cleaned prior to the weed abatement contractor
coming into the subject area, no further work would be required.
The Mayor asked if anyone in the audience wished to speak concerning the
weed abatement program.
Mrs. Mason Boston, 4302-4362 Lincoln Avenue, Cypress, addressed the Council
requesting an extension of time in which to clean her property. The City
Manager advised that the City Council had not adopted any policy regarding
the granting of extensions. In answer to a question from Mrs. Boston, the
Public Works Director advised that she would still have several days to
clear her property.
The Public Works Director reviewed the policy adopted by the Council last
year in allowing the posting of a cash deposit by individuals wishing to
clean their own property, said deposit to be forfeited if the City were
required to clean the property.
Mrs. Leone Halder, 9351 South Walker Street, Cypress, addressed the Council,
also requesting information as to the costs for having the City's contractor
do the weed abatement work. The Public Works Director summarized the costs
involved for the various types of work, following which Mrs. Halder indicated
she is desirous of having her property cleaned and would be willing to post
a cash deposit in order to allow an extension of time for completing the
work.
Mr. James DUncan, 9582 Walker Street, Cypress, addressed the Council,
inquiring as to how the City determines what properties are to be posted
as hazardous, and expressing concern over the fact that his property had been
posted even though it had been cleaned about one month ago. The Public Works
Director explained that the properties had been listed about two months
ago and assured Mr. Duncan that his property would not be affected by the
weed abatement program if it is clean at the time the contractor does the
work.
There being no written communications and no further oral communications,
it was moved by Councilman McCarney, seconded by Councilman Bowen, and
unm~imously carried, to close the Public Hearing.
Following discussion concerning the desires of the City Council with
reference to the requested extensions, it was moved by Councilman Bowen
and seconded by Councilman Noe to adopt the following Resolution, title
as follows:
RESOLUTION NO. 774
A RESOLUTION OF THE CITY COUNCIL OF TEE 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 CONSTITUTE A PUBLIC NUISANCE, AND
ORDERING THE ABATEMENT THEREOF
May 22 , 1967
Prior to voting on this motion, further discussion was held concerning
the cleaning required on the various School District properties. The City
Attorney advised that any action taken to grant extensions for the School
Districts would be the subject of a separate motion. Councilman Bowen's
motion to adopt Resolution No. 774 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
Additional discussion ensued concerning the possibility of allowing
individuals to post a cash bond to guarantee the cleaning of their
property, following which it was moved by Councilman Bowen and seconded by
Councilman Noe to allow individual property owners to post a cash bond no
later than May 26, 1967, in an amount determined by the Public Works
Department, said bond to be forfeited if the property is not cleaned by
July 1, 1967, and further to allow all School Districts an extension of
time for cleaning of their property until July 1, 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 CITY AUDITORS TRANSMITTING AUDIT REPORT: The City
Manager presented a conmunication dated April 24, 1967, from City Auditors
Diehl, Evans, and Company, notifying the City Council of the completion
of the examination of the financial statements of the City for the period
ending March 31, 1967.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM ORANGE COUNTY FOOTBALL CLUB RE: SlIPPORT OF ORANGE
COUNTY RAMBLERS: The City Manager presented a communication dated
May 15, 1967, from Mr. Richard R. Suess, President of the Orange County
Football Club, requesting the City Council to adopt a Resolution in
support of the Orange County Ramblers Football Club.
Following brief discussion, it was moved by Councilman Bowen, and
seconded by Councilman Noe to adopt the following Resolution, title as
follows:
RESOLUTION NO. 775
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE ORANGE COUNTY RAMBLERS FOOTBALL CLUB
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 CITY OF SEAL BEACH RE: SUPPORT OF LOCATION OF NAVAL
Q~DINAN~TEST STATION AT LOS ALAMITOS NAVAL AIR STATION: The City
Manager presented a Resolution from the City of Seal Beach, supporting
the proposed location of the United States Naval OrdinanmTest Station
at the Los Alamitos Naval Air Station.
Following brief discussion regarding suggestions of Congressman Hanna's
Office concerning this matter, it was moved by Councilman Bowen and
seconded by Councilman Kanel to adopt the following Resolution, title as
follows:
RESOLUTION NO. 776
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, A MUNICIPAL CORPORATION, SUPPORTING THE PRO-
POSED LOCATION OF THE UNDERSEA WARFARE CENTER AT THE
UNITED STATES NAVAL AIR STATION, LOS ALAMITOS, CALIFORNIA.
May 22, 1~67
The moMon 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
BLOOMFIELD STREET IMPROVEMENTS: The City Manager reported that since the
Council action of May 18, 1967, to authorize the preparation of a Reimburse-
ment Agreement with the Larwin Company for construction of City street
improvements required on Bloomfield Street, the staff has determined it
would be more feasible to authorize the payment for the work from current
budget funds.
At the request of the Council, the Public Works Director reviewed the
required street improvements on Bloomfield Street, which are to be constructed
in conjunction with the development of Tract No. 6276 under construction by
the Larwin Company. The City of Hawaiian Gardens has also agreed to partici-
pate in the improvement of Bloomfield Street. The low bid obtained by the
Larwin Company for the City's portion of the work is in the amount of
$6,224.45.
The City Manager suggested that if the City Council wished to proceed with
the Bloomfield Street improvements, a transfer of $4,000 would be required
from the Reserve for Capital Improvements to the Miscellaneous Street
Construction account.
It was moved by Councilman Kunel and seconded by Councilman Noe to
authorize the transfer of $4,000 from the Reserve for Capital Improvements
to the Miscellaneous Street Improvements Account of the 1966-67 Budget.
Prior to voting on this motion, further discussion was held.
In answer to questions from Mr. Pete Van Ruiten, owner of property in the
sub~ct area, the Public Works Director stated that the project had been
discussed with the City Manager of Hawaiian Gardens several months ago and
as a result of these discussions, the City of Hawaiian Gardens had agreed
to proceed with the improvement on the west side of Bloomfield.
Mr. Van Ruiten again addressed the Council, inquiring as to the need for
improvements to portions of Bloomfield which are presently in good condition.
At the request of Mayor Harvey, the Public Works Director explained the
drainage requirements in the area, which have resulted in the need for
reconstruction of portions of the street.
Following further remarks from Mr. Van Ruiten, the Mayor suggested that
Mr. Van Ruiten discuss the matter with the City Engineer. The Mayor called
for a vote on Councilman Kanel's motion to authorize the required transfer
of funds, which 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
CONSIDERATION OF FINAL]I{AGT MAP NO. 6213 (LARWIN COMPANY): The City
Manager presented Final Tract Map No. 6213, located rorth of Ball Road
between Denni and Bloomfield Streets, 105 R-1 lots, 19-039 acres, as
requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills,
California.
The Public Works Director reviewed the map and presented a report dated
May 17, 1967, recommending approval of the Final Tract Map upon completion
of various requirements.
In answer to a question from Councilman Bowen, Mr. Arthur Rosenthai,
representing the Larwin Conpany, addressed the Council, indicating their
desire to conm~nce construction of the tract as soon as possible.
Mr. Pete Van Ruiten addressed the Council, making statements regarding his
understanding of the drainage solution in the area, as it pertains to his
adjacent property. Considerable discussion ensued between Mr. Van Ruiten,
members of the Council, and the City Manager, regarding the drainage
solutions for Mr. Van Ruiten's property.
May 22, 1967
Mr. Arthur Rosenthai of the Larwin Company again addressed the Council,
reviewing the Agreement his company has with Mr. Van Ruiten regarding the
installation of drainage facilities.
In answer to questions from the Council, the City Manager advised that
Mr. Van Ruiten's remarks would have no bearing on the Final Tract Map
under consideration by the City Council, and indicated that the staff
could prepare a report for the next City Council meeting regarding the
drainage solutions proposed for property north of Orange Avenue.
Mr. Van Ruiten again addressed the Council, stating that he would not
protest the approval of Larwin's Tract Map No. 6213.
It was moved by Councilman Bowen and seconded by Councilman Kanel to
approve Final Tract Map No. 6213, accept the bonds and agreements for
public improvements in the amount of $176,700.00, which is not less than
50% and not more than 100% of the total improvements; authorize the Mayor
and City Clerk to sign the bonds and agreements; and authorize the City
Clerk to sign the record map upon completion of the following conditions:
1. Approval of bonds and agreements by the City Attorney.
Approval by the City Council of the amendment to the 2-A
Drainage District Agreement regarding financing and construc-
tion of storm drain facilities in the 2-A Drainage District.
Completion of any corrections required on the improvement
plans.
4. Approval of plans and specifications for the West Side Drain.
Receipt of a letter from Larwin Company subject to approval by
the City staff and the City Attorney guaranteeing that in
case the West Side Drain cannot be built in an easement across
the school property as designed, the plans for the drain will
be revised at the cost of Larwin Company to show a revised
alignment; that any necessary easements will be provided by
Larwin Company; and that improvement plans for any a~J acent
tract shall be designed accordingly to am~n~odate construction
of the West Side Drain.
Approval of improvement plans showing full improvements on Orange
Avenue from the west tract boundary to Bloomfield Street and a
separate deed dedicating the right of way required for the
street improvements.
Approval by the City Attorney of the letter from the Developer's
Engineer regarding the cost of monumentation.
Acceptance by the subdivider of the above requirements as
condition of map approval.
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
It was further moved by Councilman Kanel, seconded by Councilman McCarney,
and unanimously carried, to direct the staff to prepare a report for
consideration at the next City Council meeting regarding the drainage
solutions for Mr. Van Ruiten's property.
RECESS:
The Mayor declared a recess at 10:08 p.m. The meeting was called back to
order at 10:17 p.m., all City Councilmen being present.
May 22, 1967
REPORT FROM PUBLIC WORKS DIRECTOR RE: LIGHTING DISTRICT NO. 2: At the
request of the City Manager, the Public Works Director mviewed a report
dated May 18, 1967, setting forth the need to adopt various Resolutions
for the yearly Lighting District Assessments in District No. 2. It is
also proposed to annex 9.26 acres to the District, known as Annexation
No. 6.
It was moved by Councilman Bowen and seconded by Councilman Nee to adopt
the following Resolution, title as follows:
RESOLUTION NO. 777
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY
ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLANS,
SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT
TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND
HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO
AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF,
THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE
OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF
FOURTEEN (14) YEARS, BEGINNING JANUARY 1, 1968 AND ENDING
JANUARY 1, 1982.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Nee, and Harvey
None
None
It was moved by Councilman Bowen and seconded by Councilman Nee to adopt
the following Resolution, title as follows:
RESOLUTION NO. 778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVING THE
PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT
TO THE REQUIREMENTS OF RESOLUTION NO. 777 OF SAID COUNCIL.
The motion was unanimously tarried by the following roll call vote:
AYES: 5 COUNCILMEn:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Nee, and Harvey
None
None
It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt
the following Resolution, title as follows:
RESOLUTION NO. 779
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS
INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN
STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND
MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR
LIGHTING SAID SYSTEM FOR A PERIOD OF FOURTEEN (14) YEARS
BEGINNING JANUARY 1, 1968, TOGETHER WITH ANNEXATION NO. 6,
WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS
NO. 2 LIGHTING DISTRICT.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Nee, and Harvey
None
None
It was moved by Councilman Bowen and seconded by Councilman Nee to adopt
the following Resolution, establishing the Public Hearing for hearing
protests to the Lighting District on Jane 26, 1967, at the hour of 7:30
p.m. Title of the Resolution is as follows:
May 22, 1967
RESOLUTION NO. 780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME
AND PLACE FOR HEARING PROTESTS IN RELATION TO THE
PROPOSED IMPROVEMENT AND STREET LIGHTING DISTRICT ANNEXA-
TION NO. 6 REFERRED TO IN RESOLUTION OF INTENTION NO. 779
AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS,
CALIFORNIA, TO GIVE NOTICE OF SAID HEARING
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
APPROVAL OF EASEMENT-AGREEMENT BETWEEN SOUTHERN PACIFIC COMPANY AND CITY
OF CYPRESS: The Public Works Director presented a report dated May 18,
1967, reviewing the railroad crossing protection devices which will be
required in conjunction with the widening of Valley View Streets south
of Cerritos Avenue, and recommending approval of an Easement-Agreement
between the City and the Southern Pacific Company, which grants the
required easements and guarantees the Railroad Con~pany's participation
in the costs of the project.
It was moved by Councilman McCarney and seconded by Councilman Bowen to
approve the Easement-Agreement dated May 22, 1967, between the City of
Cypress and the Southern Pacific Company for the Valley View Street
Crossing No. 6NC-26.64-C, and authorize the Mayor to sign and City Clerk
to attest the Agreement subject to approval as to form by theory
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
1967-68 BUDGET FOR 2107 GAS TAX FUNDS: The City Manager presented a
report dated May 18, 1967, setting forth the need to adopt Resolutions
to approve the Gas Tax Budgets for the next fiscal year, and reviewing the
proposed budgets.
It was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the following Resolution, title as follows:
RESOLUTION NO. 781
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING AND SUBMITTING A BUDGET FOR E~PENDITURE OF
STATE ALLOCATED (ENGINEERING) FUNDS
The motion was unanimous ly carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was moved by Councilman Noe and seconded by Councilman McCarney to
adopt the following Resolution, title as follows:
RESOLUTION NO. 782
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF
FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES
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
May 22, 1967
PROPOSED DRAINAGE SYSTEM BOND ISSUE: The City Manager presented a
report dated May 18, 1967, up-dating the information contained in a
previous report to the City Council regarding an analysis of the City's
drainage system and the possibility of conducting a local bond issue for
drainage purposes. The report also reviewed the Orange County Flood
Control District's proposed construction program as it affects the City
of Cypress, and the possibility of the City again requesting assistance
from the Federal Government for drainage purposes. The City Manager
recommended the Council consider the deferment of a bond issue until the
regularly scheduled Municipal Election to be held in April 1968, thereby
allowing additional time for further required studies prior to calling a
bond election.
At the request of Co~mcilman Kanel, the City Manager and Public Works
Director reviewed the construction of the Dairyland Storm Channel, proposed
by the Orange County Flood Control District for the 1967-68 fiscal year,
explaining that the District has indicated it would look favorably upon a
request from the City for an extension of this project to protect the
properties now being flooded in the City of Cypress.
It was moved by Councilman Bowen and seconded by Councilman Kanel to
authorize the City Manager to submit a proposal to the Orange County Flood
Control District Engineer to extend the Dai~land Storm-Sewer project as
proposed for the fiscal year 1967-68 in the Orange County Drainage Construc-
tion Program. Councilman Noe indicated he would abstain from voting on
this motion as the storm drain in question would affect this property. The
motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED:i COUNCILMEN: Noe
Discussion ensued concerning other reconnnendations made by the City Manager
regarding the City's drainage programs, following which it was generally
agreed to concur in the deferment of the calling of an election for the
purpose of submitting a local drainage bond issue until the General
Municipal Election to be held in April 1968, and to request the staff to
continue its analysis and study of the City drainage system needs.
REVIEW OF STATE LEGISLATION: The City Manager presented a report dated
May 18, 1967, transmitting a legislative bulletin from the League of
California Cities, and also reviewing a recommendation of the Public
Works Director regarding Senate Bill No.721 and Assembly Bill No. 2454,
regarding the administration of the gas tax program.
It was moved by Councilman McCarney and seconded by Councilman Kanel to
receive and file all legislative bills previously submitted to the City
Council. Prior to voting on this motion, discussion was held.
At the request of Councilman Kanel, the City Manager reviewed Assembly
Bill No. 902, regarding the mandatory requirement for providing Police
Officers with equipmont. He indicated that the League of California
Cities is opposed to this legislation as it pre-empts the home rule concept.
Following further discussion, Councilman Kanel withdrew his second to
Councilman McCarney's motion to receive and file the legislative bill.
Said motion then died for lack of a second.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to go on record in opposition of Assembly Bill
No. 902.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to oppose Senate Bill No. 721 and to support Assembly
Bill No. 2454, which supports the principles of a previously adopted
Resolution of the City Council regarding the administration of the State
Gas Tax program, and further receive and file all other legislative
bills with the exception of Senate Bill No. 876.
May 22, 1967
Following brief discussion, it was moved by Councilman Bowen, seconded
by Councilman Noe, and unanimously carried, to oppose Senate Bill No.
876, which would repeal the authority of cities to adopt ordinances
requiring dedication of land, payment of fees in lieu of dedication, or
a combination of both, by a subdivider for parks and recreation
facilities to serve the subdivisions.
AIR POLLUTION CONTROL DISTRICT RULES AND REGULATIONS: The City Manager
presented a report dated May 1~, 1967, indicating that the Public Works
Department and City Attorney's Office have completed a review of the
proposed rules and regulations of the Orange County Air Pollution Control
District, as req~mted at a previous Council meeting, and recommend the
Council support these rules and regulations.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to support the proposed rules and regulations as
prepared by the Orange County Air Pollution Control District and
recon~end adoption of these rules and regulations to the Orange County
Board of Supervisors.
DELETION OF PARKING RESTRICTION--EAST SIDE OF WALKER BETWEEN ORANGE AND
LIME: The City Manager presented a report dated May 18, 1967, indicat-
ing that the City's Traffic Committee has recormnended the ~!e~snof the
"No Parking" zone on the east side of Walker Street between Orange Avenue
and LiraStreet.
It was moved by Councilman Noe, seconded by Councilman McCarney, and
unanimously carried, to authorize the removal of the "No Parking" zone
on the east side of Walker between Orange and Lime.
RESOLUTION ALLOWING CITY~D UTILIZE THE ORANGE COUNTY PURCHASING AGENT:
The City Manager presented a report dated May 17, 1967, indicating that
the Resolution allowing the City ot utilize the Orange County Purchasing
Agent for the purchase of certain supplies and materials will expire on
Jane 30, 1967, and recommending the adoption of a new Resolution to allow
the City to take advantage of this program. At the request of the County,
the Resolution has been prepared for a five-year period.
It was moved by Councilman Bowen and seconded by Councilman Noe to
adopt the following Resolution, title as folows:
RESOLUTION NO. 783
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE MADE FOR
THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF
ORANGE
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
AMENDMENT TO CITY CODE PROVIDING FOR APPEALS TO UNDERGROUND UTILITIES
REQUIREMENT: The City Manager presented a report dated May 18, 1967,
transmitting a proposed amendment to the City Code to provide for
appeals of Planning Commission decisions on requests for waiver of under-
ground improvement requirements in subdivisions, as requested by the City
Council at its meeting of May 8, 1967.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 25-35 OF ARTICLE IV OF CHAPTER 25 0F
THE CITY CODE
May 22, 1967
It was moved by Councilman Kanel and seconded by Councilman Noe to adopt
the first reading of this Ordinance. 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
AMENDMENT TO CITY CODE RE: NUISANCE ABATEMF2qT ON PRIVATE PROPERTY: The
City Manager presented a report dated May 18, 1967, reviewing the need
for the City to adopt an amendment to the City Code to provide for the
abatement of various types of nuisances on private property. Although
the State Legislature is currently considering measures regarding the
enactment of rules and regulations for controlling abandoned vehicles on
private property, the City Attorney has prepared an Ordinance which could
be utilized by the City until such time as State legislation is approved.
The City Manager briefly reviewed the provisions of the proposed Ordinance,
and in answer to various questions by the Council, the City Attorney
advised that each nuisance would have to be determined individually by
the City Council after a Public Hearing.
It was moved by Councilman Bowen, seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 13 OF THE CYPRESS CITY CODE, ENTITLED
"HEALTH AND SANITATION" TO ADD A~RTICLE III RELATING TO
HAZARDOUS AND UNSANITARY CONDITIONS
It was moved by Councilman Bowen and seconded by Councilman Noe to
adopt the first reading of this Ordinance. 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
ADDITION TO CERTIFICATION LIST FOR CROSSING GUARD: A report dated May 17,
1967, was presented from the City Manager, recommending the addition of
one name to the certified list for Crossing Guard in order to provide a
substitute in the event of the illness of any of the crossing guards.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimous ly carried, to include the name of Georgia Davidson on the
certified employment list for the position of Crossing Guard.
CERTIFICATION OF EMPLOYMENT LIST FOR MAINTENANCE MAN II: The City Manager
presented a report dated May 18, 1967, setting forth the results of an
examination conducted for the position of Maintenance Man II.
It was moved by Councilman McCarney, seconded by Councilman Bowen, and
unanimously carried, to certify the Employment List for Maintenance Man
II as submitted.
CERTIFICATION OF EMPLOYMENT LIST FOR PUBLIC WORKS FOREMAN: The City
Manager verbally reported that the examination board conducting the oral
interviews for the position of Public Works Foreman had recommended that
this new position not be created, but that the City Council give considera-
tion to the establishment of a Public Works Superintendent position which
would be in charge of the Street Maintenance Division. The staff has
reviewed this suggestion and would recommend that such a position be
established at Salary Range No. 37.
It was moved by Councilman Noe and seconded by Councilman Kanel to
establish a new position of Public Works Superintendent at Salary Range
No. 37, $717-873 per month. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILME~:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
May 22, 1967
MONTHLY VARIANCE REPORT OF REVENUES AND EXPENDITURES, APRIL 1967: It was
moved by Councilman Noe and seconded by Councilman Bowen to receive and
file the Monthly Variance Report of Revenues and Expenditures for the Month
of April 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
MONTHLY ACTIVITY REPORT, APRIL 1967: It was moved by Councilman Noe,
seconded by Councilman Bowen, and unanimously carried, to receive and
file the Monthly Activity Report for April 1967.
APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 17081 THROUGH 17118:
It was moved by Councilman McCarney and seconded by Councilman Noe to
approve the Connnercial Warrant List, Warrants No. 17081 through 17118,
in the total amount of $42,229.22. 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
SECOND READING ORDINANCE ENDING CITY CODE RE: RECORD OF SURVEY: It
was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, the following Ordinance be read by title only, title as follows:
ORDINANCE NO. 349
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ARTICLE VI OF CHAPTER 25, OF THE CYPRESS CITY
CODE, "RECORD OF SURVEY"
It was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the second reading of this Ordinance. The motion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kane 1, McCarney, Noe, and Harvey
None
None
ORAL COMMUNICATIONS:
Mr. Delno Kanode, 5184 Melbourne Avenue, Cypress, addressed the Council
on behalf of the Federation for Com~nunity Affairs, indicating that the
Public Forum to be sponsored by the Federation regarding the fly problem
in the City had been postponed until further notice. Mr. Kanode also
stated that the Federation for Community Affairs had reviewed the report
of the Fire Study Committee,recently submitted to the City Council, and
would be forwarding a formal recommendation to the City Council regarding
an additional study of the fire protection services in the City.
Mr. Lee Goldin, representing the Larwin Company, addressed the Council,
stating that he was not available during the Council's earlier considera-
tion of Final Tract Map No. 6213, and would request that Condition No. 2
on the map be modified. The City Attorney suggested that this matter be
the subject of an adj ourned City Council meeting, at which time the
Agreement required by Condition No. 2 would be available for City Council
review.
Mayor Harvey displayed an article published in the May 18, 1967, issue of
the Wall Street Journal by the Southern California Edison Company,
advertising the industrial site in the City of Cypress, a copy of which
is on file in the Office of the City Clerk.
Mr. Norbert Retty, 8751 Sumner Place, Cypress, addressed the Council,
stating he felt advance publicity by the City regarding the annexation
proposal discussed earlier in the evening would have avoided most of the
adverse feeling by the residents in the subject area concerning the
annexation.
M~v 22. ] qfi 7
ADJOURNMENT:
There being no further business to come before the City Council at this
time, it was moved by Councilman McCarney, seconded by Councilman Kanel,
and unanimously carried, to adjourn the meeting at 11:32 p.m. until
7:30 p.m. on Monday, May 29, 1967, in the City Council Chambers.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
/
CITY CLERK OF THE CItY OF CYPRESS
May 22, 1967