Minutes 67-07-10MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
July 10, 1967
The City Council of the City of Cypress held its regular meeting on
July 10, 1967, at 4:00 p.m. in the City Council Chambers, 5275 Orange
Avenue, Cypress, Mayor Robert C. Harvey presiding.
PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey
ABSENT: Councilman Kanel
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, and Assistant City Manager Darrell Dalton.
MINUTES:
It was moved by Co~mcilman Bowen, seconded by Councilman Noe and unanimously
carried, to approve the minutes of the Adjourned Regular meeting of
June 24, 1967.
Following a question from Mayor Harvey, it was unanimously agreed that
the motion and roll call votes on page 11 of the Minutes of June 2~, 1967,
under the subject "Consideration of Chamber of Con~nerce Contract Renewal"
should read as follows:
"It was moved by Councilman McCarney and seconded by Councilman
Noe to renew the Contractor, dated August 22, 1966, between the
City of Cypress and the Cypress Chamber of Commerce for a one-
year period to expire on June 30, 1968, with the understanding
that a quarterly meeting will be held between the City Council
and the Board of Directors to review the Chamber activities.
Following further discussion regarding the Chamber of Commerce
contract, it was moved by Councilman Noe and seconded by Councilman
Bowen to amend the original motion to the effect that the renewal
of the contract between the City and the Cypress Chamber of
Commerce be subject to the condition that the Chamber of
Commerce conform to the By-Laws of the Chamber.
Councilman Noe's motion to amend the original motion was carried
by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, and Noe
McCarney and Harvey
None
The original mation made by Councilman McCarney and seconded
by Councilman Noe was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel, McCarney, Noe, and Harvey
Bowen
None
Councilman McCarney then requested that the second paragraph on page 8
under "Consideration of 1867-68 Municipal Budget" be corrected to reflect
reference to the "Annual Conference of the International City Manager's
Association" instead of "Annual City Manager's Conference". It was
unanimously agreed by all Councilmen that the Minutes of June 24, 1967,
be corrected to reflect this addition.
It was moved by Councilman McCarney, seconded by Councilman Noe, and
unanimously carried, the Minutes of June 24, 1967, be approved as corrected.
The City Manager presented the Council members with copies of the Minutes
of the Cypress Chamber of Con~nerce Board of Directors Meeting held on
June 27, 1967, as well as the Receipts and Disbursements Report and Progress
Report for the month of June 1967.
July 10, 1967
The By-Laws of the Orange County Division of the League of California
Cities were also presented to the Council m~mbers for their review, and
the City Manager advised the Council that the By-Laws will be reviewed
at the July 13th Executive Committee meeting of the Orange County
Division of the League of California Cities.
The City Manager further presented the City Council with the Minutes of
the Executive Board Meeting of the Orange County Division, League of
California Cities, held on Jane 8, 1967.
COUNCILMAN KANEL ARRIVED AT 4:05 P.M. AND TOOK HIS CHAIR ON THE PODIUM.
The City Manager requested the City Council place on the agenda an item
concerning the expenditure of funds by the City in cooperation with the
Orange County Flood Control District for maintenance of the drainage
channel in Drainage District 2-A.
It was moved by Councilman Noe, seconded by Councilman Kanel, and unsmimously
carried, to place this matter on the agenda.
AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR MAINTENANCE OF DRAINAGE DISTRICT
2-A CHANNEL IN COOPERATION WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT:
The City Manager reviewed a report from the Public Works Director regarding
an offer of the Orange County Flood Control District to assist the City
of Cypress in the initial cleanup and continuing maintenance of the
drainage channel in Drainage District 2-A. The Flood Control District has
agreed to provide the labor and equipment necessary for the initial cleanup
of the channel and a continuing program of maintenance throughout the
fiscal year, providing the City agrees to absorb the cost of any of the
materials required for this initial cleanup and maintenance program. The
estimated cost for the initial cleanup is $570 and the sixty-day interval
mainten~mce program is estimated to cost $150 for each 60-day period.
It was moved by Councilman Bowen and seconded by Councilman Kanel that the
City Council authorize the expenditure of approximately $570.00 for
materials for the initial cleanup of the 2-A channel plus the expenditure
of approximately $150,00 every two months for necessary touchup and
remedial work as needed for the duration of the 1967-68 fiscal year, with
the Flood Control District to proceed with the required work as soon as
possible. 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
The City Manager reported that bids have been received by the La~win Company
for construction of the West Side Drain.
It was moved by Councilman Noe, seconded by Councilman Kanel, and
unanimously carried, to place this matter on the agenda.
APPROVAL OF AWARD OF CONTROL FOR CONSTRUCTION OF WEST SIDE DRAIN--LARWIN
COMPANY: The City Manager presented a report dated July 10, 1967, from
the Public Works Director reviewing bids which had been received by Larwin
Company for construction of the West Side Drain between Orange Avenue and
Ball Road. Copies of these bids are on file in the Office of the
City Clerk.
The City Council was advised that a review of the qualifications of the
low bidder indicated that the Far Western Pipeline, Inc. was qualified
to proceed with the work as outlined in the specifications.
It was moved by Councilman Noe and seconded by Councilman Kanel that the
City Council concur in the determination by Larwin Company that the lowest
and best bid was submitted by Far Western Pipeline, Inc., 6611 Fee Ana,
Anaheim, California, as per their proposal in the amount of $112,366.75.
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
July 10. lq67
The City Manager reported that he had been notified by William E. Blurock
& Associates, architects for the Cypress Junior College, that pile-driving
operations will commence on the Cypress Junior College campus on July 17
and will continue for approximately 50 days. As this is a noisy operation,
the College District wished the City to be apprised of the situation.
Newsletters will be mailed by the Junior College District advising the
residents in the areas adjacent to the College of this operation and
requesting their patience during this construction period.
General discussion was held by the City Coundl with members of the Staff
regarding the extension of the Dairyland Storm Channel to Walker Street,
the proposed time schedule for the construction of the Walker Street
improvements, the status of the commercial development on Ball Road and
Walker Street, and the condition of the weeds on the south side of Orange
Avenue between Walker Street and Grindlay.
EXECUTIVE SESSION:
Upon a request from the City Manager, it was moved by Councilman Noe,
seconded by Councilman Kanel, and unanimously carried, that the Council
go into an executive session to discuss personnel matters at 4:28 p.m.
The Mayor called the meeting back to order at 5:11 p.m., all City
Councilmen being present.
In response to a question from Councilman Kanel, the Assistant City
Manager indicated that he had received no further information from Mr. Van
Ruiten regarding his drainage problem.
RECESS:
It was moved by Coancilman Noe, seconded by Councilman Kanel, and
unanimously carried, to declare a recess at 5:13 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 present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Assistant City Manager Darrell Dalton, Planning Director
George Putnam, Finance Director Jim Grissom, Police Chief George Savord,
Building Superintendent Tom Nudson, Civil Engineer Associate G.M. Hendricks,
Administrative Assistant Gene Poertner, and Senior Public Works Inspector
Warren Messing.
LOS ALAMITOS NAVAL AIR SHOW: The Mayor presented a communication from the
cormhanding officer of the Los Alamitos Naval Air Station notifying the
City that the 34th National Air Show will be held on Saturday and Sunday,
July 29 and 30, 1967, and will feature the Blue Angels and Golden Nights
as well as several other aerial acrobatic performances, and further
advising that heavy traffic will be e.x~pected during these programs. The
communication was presented to the Police Chief to allow him to make the
necessary arrm~gements for traffic control.
The City Manager summarized the proceedings of the afternoon portion of the
meeting.
AWARD OF CONTRACT FOR BALL ROAD SEWER FROM DENNI STREET WESTERLY: A
report dated July 5, 1967, from the Public Works Director, was presented by
the Civil Engineer Associate reviewing bids that had been received in the
City Clerk's Office for the construction of the Ball Road Sewer from Denni
Street to 843 feet west of Denni Street. Copies of these bids are on file
in the Office of the City Clerk.
It was further reported that the construction costs for the sewer construc-
tion will be shared between the City of Cypress and the Cypress County
Water District in accordance with the agreement between the City and the
District, dated July 11, 1966.
July 10, 1967
It was moved by Councilman Bowen and seconded by Councilman Noe to determine
that the lowest and best bid was submitted by M. P. Mitrovich for the
construction of the Ball Road Sewer from Denni Street to 843 feet West of
Denni Street, and that the contract be awarded to M. P. Mitrovich,
622 Sunset Boulevard, Arcadia, California, in the amount of $9,816.35 as
outlined in their proposal, dated July 5, 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
ORAL CO~UNICATIONS:
There were no oral communications presented at this time.
CHANGE IN ORDER OF THE CITY COUNCIL AGENDA: Items No. 2 and 3 being public
hearings scheduled for 8:00 p.m., it was moved by Councilman Bowen, seconded
by Councilman Noe, and unanimous ly carried, to proceed to Items 14-18 for
consideration at this time.
ADOPTION OF RESOLUTION ESTABLISHING LABOR RATES IN THE CITY OF CYPRESS:
The City Manager presented a report dated July 5, 1967, advising the Council
of the need to adopt a Resolution determining the current general prevailing
rate of wages for public works projects.
It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt
the following Resolution, title as follows:
RESOLUTION NO. 799
A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CYPRESS
DETERMINING AND DECLARING THE GENERAL PREVAILING RATE
OF WAGES
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
CERTIFICATION OF EMPLOYMENT LIST--PUBLIC WORKS SUPERINTENDENT: The City
Manager presented a report dated July 6, 1967, setting forth the results
of an examination conducted for the position of Public Works Superintendent.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to certify the en~loyment list for Public Works
Superintendent as submitted.
In response to a question from Councilman Bowen, the Assistant City Manager
advised that there had been 16 applicants for the position of Public Works
Superintendent.
CERTIFICATION OF EMPLOYMENT LIST--ACCOUNT CLERK: The City Manager
presented a report dated July 6, 1967, setting forth the results of an
examination conducted for the position of Account Clerk.
It was moved by Councilman Kanel, seconded by Councilman Bowen, and
unanimously carried, to certify the employment list for Account Clerk as
submitted.
CERTIFICATION OF EMPLOYMENT LIST--PART-TIME CUSTODIAN: The City Manager
presented a report dated July 6, 1967, setting forth the results of an
examination conducted for the position of Part-Time Custodian.
It was moved by Councilmam Bowen, seconded by Councilman Noe, and
unanimously carried, to certify the employment list for Part-Time Custodian,
as submi~ad.
July 10, 1967
APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 17292 THROUGH 17348:
It was moved by Councilman McCarney and seconded by Councilman Noe, to
approve the Commercial Warrant List, Warrants No. 17292 through 17348,
in the total amount of $67,251.72. 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 moved by Councilman Noe, seconded by Councilman McCarney, and
unanimously carried, to consider Items 4 through 8 on the Agenda at this
time.
COMMUNICATION FROM STATE CONTROLLER RE: MOTOR VEHICLE LICENSE FEES: The
City Manager presented a communication dated June 23, 1967, from Houston I.
Flournoy, State Controller, advising the Council that the City's apportion-
ment for motor vehicle license fees for the period from June 1, 1966
to May 31, 1967, totaled $118,081.20.
It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, this communication be received and filed.
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE LIQUOR LICENSE--
CYPRESS BEVERAGE STORE: The City Manager presented a communication from
the Department of Alcoholic Beverage Control advising the City of an
application for a transfer of an off-sale liquor license at Cypress
Beverage Store, 5531 Lincoln Avenue, Cypress, made in the name of Sam Van
Kampen as General Partner and Alfred E. Arnold as Limited Partner. The
City Manager stated that the Police Department has reviewed the application
and finds no basis for protest.
It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, this con~nunication be received and filed.
SUPPLEMENTAL REPORT RE: DRAINAGE SOLUTION--VAN RUITEN PROPERTY: It was
moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously
carried, to consider this item at the end of the meeting due to Mr. Van
Ruiten not being present at this time.
RESOLUTION REQUESTING ALLOCATION OF STATE FUNDS TO IMPROVE VALLEY VIEW
!TREET CROSSING PROTECTION AT THE PACIFIC ELECTRIC RAILWAY: The Civil
Engineer Associate presented a report dated July 3, 1967, from the Public
Works Director, reviewing the provisions of an agreement between the City
and Southern Pacific Company for mutual participation in the cost of
improving the crossing of the Pacific Electric Railway at Valley View
Street and outlining the procedure to zeque~ funds from the State Crossing
Protection Fund for assistance in the construction of the crossing protection.
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
the request for allocation of State Funds, to adopt a Resolution authorizing
the Engineering Division to submit the request for funds to the Public
Utilities Commission and to authorize the Mayor to execute and the City
Clerk to attest the request and Resolution. Title of the Resolution is as
follows:
RESOLUTION NO. 797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE SUBMISSION OF A REQUEST TO THE PUBLIC
UTILITIES COMMISSION FOR FUNDS FROM THE CROSSING PROTEC-
TION FUND FOR PROTECTION OF CROSSING NO. 6NC-26.64-C AT
THE CROSSING OF THE PACIFIC ELECTRIC RAILWAY AND VALLEY
VIEW STREET IN THE CITY OF CYPRESS
The metion 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
July 10, 1967
PUBLIC HEARING ON REPORT RE: ASSESSMENT FOR WEED AND RUBBISH ABATEMENT FOR
1967: The Civil Engineer Associate presented a report dated June 28,
1967, from the Public Works Director, transmitting a Resolution setting forth
the assessment charges for weed abatement work performed on various
properties throughout the City. The report further outlined the work which
had been comp~ted by the Addon Ranch who had posted a bond guaranteeing
the completion of the weed abatement work and the plans of the North Orange
County Junior College District Board of Trustees to award a contract for
weed abatement work on the Cypress Junior College campus. The report also
indicated that the weed abatement work had been complied on the Anaheim
Union High School District property and that, although portions of the weed
abatement work had been complted by the Cypress School District, there
was one specific area which had not been completed that was in bad condition,
located on the northeasterly portion of the Vessels Elementary School Site.
Following general discussion regarding the responsibility for the weed
abatement work on the property adjacent to the Vessels School Site, the
Mayor proceeded to declare the public heraing open and asked if there was
anyone in the audience who wished to speak for or against the weed
aSSeSSmentS.
There being no oral or written communications presented, the Mayor declared
the public hearing closed.
It was moved by Councilman Noe and seconded by Councilman Kanel to release
the cash bond in the amount of $600.00, deposited by Addon Ranch, 7762 Walker
Street, La Palma, California, for weed abatement work on property located
at 9561 Graham Street, Cypress, California. 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 moved by Councilman Bowen and seconded by Councilman Noe to adopt
a Resolution confirming the costs of abatement and imposing special
assessments as liens, title as follows:
RESOLUTION NO. 798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS,
RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING
SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY
OF CYPRESS
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMMq:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
Further discussion ensued regarding the weed abatement work required by the
Cypress School District and in response to questions from the members of
the City Council, the City Attorney advised that the School District could
be held responsible for weed abatement work inasmuch as the costs are
levied as special assessments rather than as a tax.
The City Manager advised the Council that he had pictures of the property in
question for review. In response to a question from Councilman McCarney,
the Senior Public Works Inspector advised that a rough estimate for the cost
of the weed abatement work required on the Vessels School Site wodd be in
the vicinity of $500 to $800.
In response to a question from Councilman Noe, the City Manager indicated
that various members of the City Staff had contacted the School District
officials in regard to this problem and the City Manager had directly
contacted the School Superintendent, Mr. Devaney who had investigated the
nuisance under discussion.
July 10, 1967
It was moved by Councilman McCarney and seconded by Councilman Bowen that
the City proceed with the required weed and rubbish abatement work on the
parcel at the northeasterly portion of the Vessels Elementary School Site,
owned by the Cypress School District. 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
PUBLIC HEARING RE: ABANDONMENT OF BALL ROAD WESTERLY OF DENNI STREET:
The Mayor announced this was the time and place for the Public Hea~ing to
consider the proposed abandonment of portions of Ball Road Westerly of
Denni Street. The Mayor declared the Public Hearing open and requested
the staff to present its reports.
The City Manager stated that the Affidavits of Posting were on file in
the Office of the City Clerk and no written corfmunications concerning
this matter had been received.
The Civil Engineer Associate presented a report dated July 6, 1967, which
reviewed the need for this abandonment to relieve an undesirable alignment
at the intersection of Denni Street and Ball Road and further stated that
the Planning Commission and Engineering Division had recommended approval
of the abandonment.
The Mayor asked if anyone in the audience wished to speak for or against
the abandonment.
There being no written communications and no oral protests, the Mayor
declared the Public Hearing closed.
It was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the following Resolution, title as follows:
RESOLUTION NO. 796
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
VACATING PORTIONS OF BALL ROAD
The motion was unanimously c~rried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT--PAtLKWAY INN: The Mayor
announced this was the time and place for the Public Hearing to consider
an application for Live Entertainment Permit to permit a Western Dance
Band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as
requested by Myrtle C. Lowery, 12231 East Brittan, Artesia, California.
The Mayor declared the Public Hearing open and requested the Staff to
present its reports.
The City Manager stated that the Affidavits of posting and publishing
of the Public Hearing notices were on file in the Office of the City Clerk
and no written con~unications concerning this matter had been received.
The Assistant City Manager read into the record of the Public Hearing, a
report dated July 6, 1967, regarding the Live Entertainment Permit
application, a copy of which is on file in the Office of the City Clerk.
The Mayor asked if anyone in the audience wished to speak for or against
the requested permit. There being no written communications and no oral
protests, the Mayor declared the Public Hearing closed.
In response to questions from the City Council, the Assistant City Manager
advised that the hours indicated in the report were those hours requested
on the Live Entertainment Permit and were in conformance with the hours
which had previously been approved for a similar entertainment permit at
the subject location.
July 10, 1967
The Police Chief stated that there had been no problem in the past with
dancing or music continuing past the allowed time.
It was moved by Councilman Noe and seconded by Councilman McCarney to
grant a Live Entertainment Permit to permit a dance band to play and sing
from 9:00 p.m. to 2:00 a.m. daily at the Parkway Inn, 4604 Lincoln Avenue,
Cypress, subject to the following conditions:
1. That the applicant secure all the necessary business licenses.
2. That the Live Entertainment Permit shall expire on June 30, 1968.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
RECONSIDERATION OF
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
ACTION TAKEN REGARDING WEED ABATEMElqT ON CYPRBSS SCHOOL
DISTRICT'S PRDPERTY: Upon the request of the City Manager, it was moved
by Councilman Noe, seconded by Councilman Bowen, and unanimously carried,
to reconsider the action taken regarding abatement of weeds on the Cypress
School District's property on the northeasterly portion of the Vessels
Elementary School Site.
The City Attorney advised that the present weed abatement proceedings had
terminated with the adoption of the Resolution confirming the report and
establishing assessments againstproperties, and, since the cost of the
weed abatement work required on the Cypress School District' property
had not been included in this Resolution and Report, it would be
necessary to initiate special proceedings in order to levy the cost of
cleaning the School District's property as an assessment.
It was moved by Councilman Noe, seconded by Councilman McCarney, and
unanimously carried, to rescind the previous action taken by the City
Council under "Public Hearing Re: Assessment for Weed and Rubbish Abate-
ment for 1967" in ordering the City to proceed with the required weed and
rubbish abatement work on the parcel at the northeast comer of the Vessels
Elementary School Site.
It was then moved by Councilman Noe and seconded by Councilman McCarney
to direct the City Manager to meet with representatives of the Cypress
School District to attempt to make some arrangements for the weed
abatement work on the School District's property at the northeast portion
of the Vessels Elementary School Site, with the City Manager to report
back to the City Council on the decisions reached at these meetings.
In response to a question from Councilman Bowen, the City Attorney advised
that if the City Council were to proceed under the recently adopted
Nuisance Abatement Ordinance, the Pubic Hearing would still be required.
REQUEST FOR APPROVAL AND AUTHORIZATION TO ERECUTE AGREEMENT BETWEEN CITY
OF CYPRESS AND COUNTY OF ORANGE FOR WALKER STREET CONSTRUCTION FROM
LINCOLN IO CRESCENT AVENUES: The Assistant City Manager presented a
report dated July 5, 1967, regarding the request of Orange County to
include the improvement of Walker Street in the Orange County unincorporated
area as a part of the project agreement existing between the City under the
County Arterial Highway Financing Program for the reconstruction and improve-
ment of Walker Street. Through the inclusion of these portions of Walker
Street in the overall project, Walker Street would be widened from Ball
Road to Crescent Avenue under one contract.
The Agreement provides for the City Engineering Division to perform the
design, inspection and contract administration phases, with the County
to acquire any necessary rights-of-way and reimburse the City for all
engineering, inspection, contract administration, and overhead costs
incurred in conjunction with the County's portion of the project. This
construction, when completed, will result in the widening of Walker Street
to four lanes from Crescent Avenue to Cerritos Avenue.
July 10~ 1967
It was moved by Councilman Bowen and seconded by Councilman Kanel that the
Agreement between the City of Cypress and the County of Orange for the
improvement of Walker Street include those areas of Walker Street located
in the County unincorporated area and that the Mayor be authorized to
execute and the City Clerk be authorized to attest said Agreement, subject
to the approval as to form of the Agreement 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
AWARD OF CONTRACT FOR AUTOMOTIVE SERVICE: The Assistant City Manager
presented a report dated July 6, 1967, setting forth the results of~ds
received in the Office of the City Clerk to provide gasoline and automotive
service to the City of Cypress from July 15, 1967 until June 30, 1968.
Copies of these bids are on file in the Office of the City Clerk.
The investigation by the Police Chief has indicated that his Department
has no objection to the award of contract to any one of the three lowest
bidders. The Staff would further recommend, however, that provision be
made for a thirty-day cancellation clause so that the contract could be
terminated in the event of unsatisfactory service.
It was moved by Councilman Noe and seconded by Councilman McCarney to
determine that the lowest and best bid for gasoline and automotive service
was submitted by Bob Whittington Shell Service Station, 5471 Lincoln
Avenue, Cypress, and authorize the City to utilize this service for
gasoline and automotive service until June 30, 1968, and that provisions
be made for a 30-day cancellation notice by either party.
In response to a question from Councilman Kanel regarding the hours each
station is open, the Assistant City Manager stated that the business hours
are stated on the proposal and that the City did not make any special
request that the station remain open 24 hours.
In response to a question from Mayor Harvey, the Assistant City Manager
stated that Bob Whittington Shell Service Station had been in operation
for at least two years, and that he had actually been the low bidder on
a previous bid, but had not been considered at that time due to problem
with his personnel.
The following roll call vote was taken on Councilman Noe's motion:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
AUTHORIZATION TO PURCHASE 1967 HARLEY-DAVIDSON POLICE SOLO MOTORCYCLE:
The Assistant City Manager presented a report dated July 6, 1967, requesting
authorization to receive proposals for the purchase of a 1967 Harley-
Davidson Motorcycle and presentirgspecifications for approval by the City
Council.
It was moved by Councilman McCarney and seconded by Councilman Bowen to
approve the specifi cations and authorize the City Clerk to receive bids
for a Harley-Davidson Police Solo Motorcycle, as outlined in the specifica-
tions, dated July 6, 1967, on file in the Office of the City Clerk, with bids
to be opened at i0:00 a.m. on July 20, 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
AUTHORIZATION TO RELEASE CASH DEPOSIT TO HITCHCOCK CONSTRUCTION COMPANY
FOR SIDEWALK INSTALLATION AT BODY SHOP: The Assistant City Manager
presented a report dated July 6, 1967, reviewing the circumstances under
which a surety bond originally deposited with the City by the previous owner
of the Body Shop had been foreclosed upon by the City with the cash value
being held by the City for construction of the sidewalk.
July 10, 1967
Mr. Gunderson, the present owner of the Body Shop, was required as a
condition of approval of a Live Entertainment Permit to make this sidewalk
installation which has been comp~ted by the contractor hired by Mr. Gunderson.
Due to the circumstances surrounding this cash deposit, the City cannot
release the deposit to Mr. Gunderson but must release it directly to the
Contractor.
It was moved by Councilman Bowen and seconded by Councilman Noe to release
the $300.00 deposit for the installation of sidewalks adjacent to the
Body Shop, 4612 Lincoln Avenue, Cypress, to Hitchcock Construction
Company, 8412 Compton Boulevard, Paramount, California, upon satisfactory
completion of the required 90-day lien period. 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
EXPIRATION OF TERMS OF PLANNING COMMISSIONERS: The Assistant City
Manager presented a report dated July 6, 1967, notifying the City Council
of the forthcoming expiration of terms for Planning Commissioners Leo
Baroldi and Frank Ferreira and reviewing briefly the dates on which they
were appointed.
In response to a question from Mayor Harvey requesting a clarification of
Com~nissioner Baroldi's term, the City Attorney advised that the City Code
states that Planning Commissioners cannot serve more than eight successive
years or two consecutive terms.
In response to a question from Councilman Bowen as to whether the City
Council was to make a decision regarding reducing the number of Planning
Conmissioners, the Mayor advised that this report was prepared only as a
notification to the Council of the expiration of the terms and that no
action was necessary at this time.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to schedule consideration of appointments of new
Planning Commissioners for the regular City Council meeting of July 24,
1967.
SUPPLEMENTAL REPORT ON DRAINAGE SOLUTION--VAN RUITEN PROPERTY: The
Assistant City Manager presented a report dated July 5, 1967, reviewing
the previous action taken in attempting to reach a solution to the
drainage problems on Mr. Van Ruitents property and presenting copies of
memorandums of meetings between the City Staff, Mr. Van Ruiten, and
representatives of Mr. Van Ruiten, held on December 13, 1966 and
February 14, 1967. The report further clarified the fact that an agree-
ment does exist between Larwin Company and Peter and Mary Van Ruiten,
dated May 5, 1967, in which Mr. Van Ruiten had agreed to pay an estimated
cost of $20,865.00 for drainage facilities required in the development
of the Mobile Home Park.
The report further outlined some of the original cost estimates which are
expected to be reduced, and which will lower the amount required by
Mr. Van Ruiten for the drainage solution for the property being developed
as a Mobile Home Park.
The City Manager further reviewed the previous report in which the Staff
had recommended the approval of a reimbursement agreement with Mr. Van
Ruiten in the amount of $1,290 for the extra sizing of the master storm
drain facility required to be constructed from Devon Circle south to the
West Side Drain.
Mr. Van Ruiten, 9422 Bloomfield, Cypress, addressed the Council reviewing
the problems which he has encountered in resolving the drainage problems
for the development of his property and indicating that, according to his
calculations, he should provide for drainage facilities at a cost in the
vicinity of $13,000.
Mr. Van Ruiten further stated that he is hesitant to enter into a
reimbursement agreement because he is afraid that he will not receive
the money for a long period of time.
In response to a question from Councilman McCarney, the City Attorney
stated that Mr. Van Ruiten should be classified as a Developer and that it
has been the practice of the City to enter into reimbursement agreements
with other developers in the City for construction of Master Drainage
facilities.
In response to a question from Councilman Bowen, the City Attorney advised
that any private agreement which existed between Mr. Van Ruiten and the
Robert H. Grant Company regarding drainage easements was a matter between
those private parties and the City could not take the subject Agreement
into consideration in deliberating on Tentative tract maps in the subject
Following discussion regarding the previous drainage and sewer easements
which existed in the area of Mr. Van Ruiten's property, the City Manager
reviewed the action on Tract 5072, as well as the subsequent action of the
City Council, to determine the drainage solutions for the entire quarter
section in which Mr. Van Ruiten's property is located.
Following discussion, it was moved by Councilman Bowen and seconded by
Councilman McCarney that the City enter into a reimbursement agreement
with Mr. Van Ruiten in the amount of $1,290 to cover the cost offersizing
of the drain from the north side of Devon Circle to the confluence of the
West Side Drain at Somerset Drive and Orange Avenue. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bewen, Kanel, McCarney, Nee, and Harvey
None
None
In response to a question from Mr. Van Ruiten regarding the total cost
due, the Mayor advised that this amount could not be provided at this time
inasmuch as several of the drainage costs have not been determined.
ORAL COMMUNICATIONS:
There were no oral comanunications presented at this time.
Councilman Kanel asked what action had been taken by the Cypress Civic
Center Corporation in appointing new members to fill vacancies and the
City Manager stated that this matter had been held over for further review
by the Corporation to be considered ~ a future meeting.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Nee, seconded by Councilman Kanel, and unanimously
carried, to adjourn at 9:15 p.m.
MAYOR OF THE ~TY OF~~P
ATTEST:
· ,~{,~'
CITY~CLE~F T~E C~TY OF CYPRESS
July 10, 1967