Minutes 67-08-28MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
August 28, 1967
The regular meeting of the Cypress City Council was called to order at
4:00 p.m. on August 28, 1967, in the City Council Chambers, 5275 Orange
Avenue, Cypress, California, Mayor Robert C. Harvey presiding.
PRES~RqT: Councilmen McCaraey, Noe, and Harvey
ABSENT: Councilmen Bowen and Kanel
Also present were City Manager/City Clerk Darrell Essex and City AtDrs. ey
James Erickson.
COUNCILMAN KANEL ARRIVED AT 4:01 P.M. AND TOOK HIS CHAIR ON THE PODIUM.
MINUTES:
It was moved by Councilman Noe, seconded by Councilman McCarney, and
unanimously carried, to approve the Minutes of the meeting of August 14,
1967, as mailed.
STAFF REPORTS AND DISCUSSIONS:
Following brief discussion, it was generally agreed that the quarterly
meeting between the Planning Cornmission and City Council be conducted
as part of the City Tour on Friday, September 1, 1967, and that the bur
begin at 9:00 a.m.
COUNCILMAN BOWEN ARRIVED AT 4:04 P.M. AND TOOK HIS CH~ ON THE PODIUM.
E~CUTIVE SESSION:
Upon the request of the City Manager, it was moved by Councilman Noe,
seconded by Councilman Kanel, and unanimously carried, to go into Executive
Session at 4:07 p.m. for the purpose of discussion possible litigation.
Tae meeting was called back to order at 5:05 p.m., all City Councilmen
being present.
The City Manager advised that the revisions to the police ~il facilities
would commence on September 4, 1967, and should be completed in approximately
two weeks.
The City Manager further advised that the Katella Avenue improvement has
been approved by the State Highway Commission for utilizing Federal Secondary
Urban Extension funds.
It was moved by Councilman Noe, seconded by Councilman Bowen, and
unanimously carried, to place the Claim for Damages from Rodolfo and Cecilia
Gastelum, as Item No. 19 on the Agenda.
Following discussion, it was generally agreed that the Monthly Activity
Report and the Statement of Receipts and Expenditures be submitted as
part of the Progress Report.
In answer to a question from Mayor Harvey, the City Manager reviewed the
status of the participation of the property owners in regard to the street
improvements on Walker Street.
RECESS:
It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously
carried, to declare a recess at 5:14 p.m. until 7:30 p.m.
CALL TO ORDER:
The Mayor called the n~eting back to order at 7:30 p.m., with the following
in attendance:
PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey
ABSENT: None
August 28, 1967
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Administrative Assistant Gene Poertner, Building
Superintendent Tom Nudson, Police Chief George Savord, Finance Director
Jim Grissom, Planning Director George Putnam, and Public Works Director
A. W. Schatzeder.
RESOLUTION OF COMMENDATION AND PRESENTATION OF RESOLUTION TO CYPRESS
FEDERAL LITTLE LEAGUE MAJOR ALL STAR TEAM: It was moved by Councilman Noe
and seconded by Councilman Bowen, to adopt the following Resolution,
title as follows:
RESOLUTION NO. 807
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE MEMBERS OF THE CYPRESS FEDERAjL LITTLE
LEAGUE MAJOR ALL STAR TEAM OF 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
Mayo r Harvey read in full Resolution No. 807 and presented a signed copy
of the Resolution to Mr. Bob Lopez, Manager of the Cypress Federal
Little League Major All Stars.
RESOLUTION OF COMMENDATION AND PRESENTATION OF RESOLUTION TO CYPRESS
FEDERAL LITTLE LEAGUE SENIOR ALL STAR TEAM: It was moved by Councilman
Noe and seconded by Councilman Bowen to adopt the following Resolution,
title as follows:
RESOLUTION NO. 808
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE EMBERS OF THE CYPRESS FEDERAL LITTLE
LEAGUE SENIOR ALL STAR TEAM OF 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
Mayor Harvey read in full Resolution No. 808 and presented a signed copy
of the Resolution to Mr. Felix Flook, Coach of the Cypress Federal Little
League Senior All Star Team.
RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE
TO LEO BAROLDI: Mayor Harvey advised the Council that Mr. Baroldi
could not attend this meeting, therefore, would request this item be
continueduntil the next City Council meeting.
It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously
carried, to continue the Resolution of Coranendation and Presentation of
Cormnunity Service Plaque to Leo Baroldi until the regular City Council
meeting of September 11, 1967.
RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMIrNITY SERVICE PLAQUE
TO FRANK FERREIRA: Due to Mr. Ferreira's not being in attendance, it
was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously
carried, to continue the Resolution of Cormnendation and Presentation of
Community Service Plaque to Frank Ferreira until the City Council meeting
of September 11, 1967.
Mr. Robert Lopez, on behalf of the Cypress Federal Little League, addressed
the Council expressing their appreciation of their commendation.
Mayor Harvey indicated that at the last League of California Cities meeting,
Mrs. Wallis, Traffic Division of the City of Anaheim, commended the Cypress
Police Chief for his work in the training of the Cypress Police Officers.
ORAL COMMLrNICATIONS:
No oral cormnunications were presented at this time.
August 28, 1967
COMMUNICATION FROM GOVERNOR REAGAN RE: "SALUTE TO CITY AND COUNTY GOVERN-
MENT": The City Manager presented a cormnunication dated August 8, 1967,
from Governor Reagan, requesting the City to participate in a program
entitled "Salute to City and County Government". The communication further
suggested that the Mayor appoint a citizen in the community to act as
Chairman of the Salute to City and County Government week, which is
scheduled for October 8 through 14, 1967.
It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously
carried, to participate in the "Salute to City and County Government"
program, and further that the Mayor appoint a citizen to act as Chairman
to coordinate the activities in the City of Cypress.
COMMUNICATION FROM DISTRICT ENGINEER OF DIVISION OF HIGHWAYS~ RE: SUPPORT
OF STATE HIGHWAY PROGRAMS: The City Manager presented a communication
dated August 9, 1967, from Mr. Edward T. Telford, District Engineer,
Division of Highways, requesting the continued support of the City for
the State Highway Program.
It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, this communication be received and filed, and requested the City
Manager to transmit a communication to the State Division of Highways'
District Engineer, expressing the City Council's continued support of the
State Highway Program.
COMMUNICATION FROM DIRECTOR OF THE STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT REQUESTING ENFORCEMENT OF LOCAL ORDINANCES: The City Manager
presented a communication dated August 11, 1967, from Mr. Charles R.
LeMenager, Director of the State Department of Housing and Community
Development, requesting the City Council to acknowledge, by Minute Act ion,
that the City of Cypress has and is enforcing local ordinances which contain
standards equal to or greater than certain provisions of the Health and
Safety Code, State of California.
The City Manager further mported that the Building Superintendent advises that
the City of Cypress has standards which are equal to and in most cases greater
than the stated provisions of the Health and Safety Code.
In answer to a question from Councilman Bowen, the City Manager indicated
that this action is required yearly by the State Department of Housing and
Community Development; however, the Orange County Building Officials are
attempting to make this a one time reply.
It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously
carried, to authorize the issuance of the required Notice to the State
Department of Housing and Community Development.
COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT~ RN: MINUTES
OF BOARD OF TRUSTEES: It was moved by Councilman Noe, seconded by
Councilman Bowen, and unadmously carried, to receive and file the Minutes
of the Board of Trustees Meeting, held on August 17, 1967.
FLY ABATEMENT BOARD APPOINTMENT - PLANNING COMMISSION RECOMMENDATION: The
City Manager presented a report dated August 23, 1967, informing the City
Council that the Planning Commission, at its meeting of August 17, 1967,
unanimously recommended that Planning Commissioner Wayne Worley be considered
for appointment as the Planning Commission's representative to the Fly
Abatement Board.
It was moved by Councilman Noe, seconded by Councilman McCarney, and carried,
to accept the reco~nendation of the Planning Commission to appoint Conmissioner
Wayne Worley as the Planning Commission's representative on the Fly Abate-
ment Board.
CONSIDERATION OF CROSSING GUARD REQUEST AT BALL AND WALKER: The City
Manager presented a report dated August 24, 1967, indicating that a petition
signed by 100 families in the area south of Ball Road on both the east and
west sides of Walker Street and north of the Carbon Creek Channel has been
received, requesting a Crossing Guard be provided at the intersection of
Ball and Walker, and that an adjustment be made in the speed limit approach-
ing this intersection.
August 28, 1967
The City Manager outlined the recommendation of the Traffic Committee
for a Crossing Guard at the subject location. He further advised that
he had reviewed this matter with the Public Works Director and Police
Chief and it was determined that there are extenuating circumstances
which could justify employment of a Crossing Guard at the intersection
of Ball and Walker. However, in reference to the request for reduction
of the speed limit, the City Manager would recommend that this item be
referred to the Traffic Conmaittee for further study.
Following further discussion, it was moved by Councilman McCarney,
seconded by Councilman Noe, and unanimously carried, to authorize the
employment of a Crossing Guard at the intersecticn of Ball and Walker.
It was moved by Councilman Bowen and seconded by Councilman Noe to
authorize a transfer of sufficient funds for the employment of a
Crossing Guard from the Reserve for Capital Improvements account to
the Crossing Guard account, The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUN CILM_E~:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was moved by Councilman Bowen, seconded by Councilman McCarney and
unar~mously carried, to refer the request for speed limit reduction to
the Traffic Committee for study and report.
Mayor Harvey reviewed the action taken by the City Council regarding
the Crossing Guard and asked if anyone in the audience wished to speak
concerning the subject matter.
Mr. Lawrence Marler, 10022 St. Agnes Circle, Cypress, addressed the
Council, concerning the speed limit on Ball Road with particular refer-
ence to the crosswalk at Ball and Grindlay. He further inquires as to
the possibility of having the students who cross at Ball and Grindlay,
cross with the Crossing Guard at the intersection of Ball and Walker.
Following further discussion, the City Manager indicated that the
Traffic Committee should contact the Oxford Junior High School regarding
the crosswalk and Ball and Grindlay.
Mr. George Burket, 5267 Belle Avenue, Cypress, addressed the Council,
also speaking concerning the speed limit on Ball Road.
APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE
FOR BIDS ON WALKER STREET IMPROVEMENTS: The City Manager presented
a report dated August 24, 1967, from the Public Works Director,
indicating that the Engineering Division has completed the Plans and
Specifications for Phase I for the improvement of Walker Street which
extends from Lime Avenue to 660' north of Ball Road and consists of
street widening to a minimum travel width of four lanes, storm drain ex-
tension, curbs, gutters and driveways, and related construction.
The City Manager reported that the Engineering Division has completed
negotiations with the property owners in the area south of Orange
Avenue with regard to installation of curbs and gutters and driveways
at the ownerst expense in return for installation of a six-foot wide
paving strip from the edge of the proposed street widening to the curb
and gutters. The City Manager further indicated the estimated total
cost of Phase I is $30,000, with $6,000 to be borne by the property
owners, $14,000 by the City, and $10,000 by the County.
At the request of Councilman McCarney, Public Works Director Art S chatzeder,
further outlined the Walker Street Improvements.
Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council,
indicating his concern with the improvements being completed prior to
the rainy season in order to alleviate the drainage problem which is
caused by the unpaved condition on the east side of Walker Street.
August 28, 1967
In answer to various questions, the Public Works Director indicated that
it would be approximately three to four months before the unpaved area
on Walker Street south of Orange Avenue would be improved and further that
since the unimproved area was beyond centerline, it has proven difficult
to have the developer of the homes on the west side of Walker Street
install temporary paving or oil. The Public Works Director estimated
the cost of oiling this area would be $400.
Following further discussion, it was moved by Councilman Kanel and
seconded by Councilman Bowen to authorize a transfer of $500 from the
Reserve for Capital Improvements account~ the Street Maintenance
Special Departmental Supplies account for the purchase of materials required
to oil the unpaved area of Walker Street from Orange Avenue to south of
Hanover Drive. This transfer is to be made only if the City is unsuccessful
in having this area oiled by the developer of the tract on the west side of
Walker Street. 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 and seconded by Councilman Bowen to approve
the plans and specifications for Walker Street Improvement, Phase I, from
Lime Avenue to 660' north of Ball Road. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COI]NgILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was further moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, to authorize the City Clerk to advertise for bids for
said improvement upon approval by Orange County of the division of the
Walker Street Improvement Project into Phase I and Phase II and approval
of plans and specifications.
It was moved by Councilman Bowen and seeonded by Councilman Noe to
certify that the right-of-way for Phase I has been or will be acquired.
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
ESTABLISHMENT OF 1967-68 CITY TAX RATE: The City Manager presented a
report dated August 23, 1967, summarizing the assessed valuation figures
of the City of Cypress for the 1967-68 fiscal year, and recommending
that the tax rate remain at $1.00 per $100 assessed valuation.
In answer to Councilman Kanel's question regarding additional revenue
from the increase in Cigarette Tax, the City Manager indicated that the
City would receive approximately $6,000 from this tax.
Councilman Kanel stated that, based on the increases in revenue available
from cigarette tax and sales tax, and the increase in assessed valuation,
he favored a tax reduction of 3 cents.
Councilman Bowen stated that the tax rate should remain the same until
such time as sufficient revenues are available to acquire the needed
equipment which was deleted from this year~ budget and also to provide for
increased fire protection services.
Discussion ensued regarding the payments for drainage facilities constructed
in Drainage District 2-A and the estimated sales tax revenues to be received
from the shopping center at the corner of Ball and Walker.
Following further discussion, it was moved by Councilman Bowen, seconded
by Councilman Noe, and unanimously carried, the following Ordinance
establishing a tax rate of $1.00 per $100 assessed valuation be read by
title only, title as follows:
ORDINANCE NO. 353
AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL
TAX RATE FOR THE FISCAL YEAR 1967-68
August 28.
130
It was moved by Councilman Noe and seconded by Councilman Bowen to adopt
this Ordinance. Prior to voting on this motion, Councilman Kanel
indicated he would be in favor of a 3¢ tax reduction, therefore, would
vote against the motion. The following roll call vote was taken on
Councilman Noe's motion:
AYES: 4 COUNCILMEN:
NOES: ] COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, McCarney, Noe, and Harvey
Kanel
None
CONSIDERATION OF WELCOME TEACHERS PROGRAM: The City Manager presented
a report dated August ~, 1967, outlining the Welcome Teachers Program,
which consists of a breakfast to introduce the new teachers to the
community, followed by a visit to the Civic Center for a City govern-
ment orientation program and a tour of the Civic Center facilities; and
further requesting the City Council to authorize an expenditure of $200
for the purchase of food for the breakfast.
Following discussion, it was moved by Councilman Bowen and seconded by
Councilman Noe to authorize an expenditure of $200 for the Welcome
Teachers Program of the Cypress Elementary School District. 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
CONSIDERATION OF DONATION OF OXYGEN UNITS BY AMERICAN LEGION CYPRESS
POST NO. 295: The City Manager presented a report dated August 24,
1967, informing the City Council that Cypress Post No. 295 of the
American Legion donated disposable oxygen units to the Cypress Police
Department which have been placed in each of the marked police units.
The City Manager further indicated that the oxygen units have already
been used in treating persons and that it is the intention of the
Police Department to use the disposable units until such time as
standard size oxygen units are provided for the police vehicles.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unanimously carried, to request the City Manager to forward a letter
of appreciation to the American Legion Cypress Post No. 295 on behalf
of the City Council and citizens of Cypress for its donation of these
disposable oxygen units to the Cypress Police Department.
MONTHLY ACTIVITY REPORT FOR JULY 1967: It was moved by Councilman
Bowen, seconded by Councilman Noe, and unanimously carried, to receive
and file the Monthly Activity Report for July 1967.
APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NOS. 17498 THROUGH 17538:
It was moved by Councilman McCarney and seconded by Councilman Noe to
approve the Commercial Warrant List, Warrants No. 17498 through 17538
in the total amount of $38,824.75. 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
SECOND READING ORDINANCE ADDING SECTIONS 125.24 AND 125.25 TO THE CITY
CODE RE: STORAGE OF VEHICLES: It was moved by Councilman McCarney,
seconded by Councilman Bowen, and unanimously carried, the following
Ordinance be read by title only, title as follows:
ORDINANCE NO. 354
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, TO ADD
SECTIONS 125.24 AND 125.25, SETTING FORTH THE REQUIRE-
MENTS FOR STORAGE OF VEHICLES
It was moved by Councilman Kanel and seconded by Councilman Bowen to
approve the second reading of this Ordinance. 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
August 28, 1967
SECOND READING ORDINANCE AMENDING SECTION 2-20 OF THE CITY CODE RE:
181
NUMBER OF MEMBERS OF THE PLANNING COMMISSION: It was moved by
Councilman Noe, seconded by Councilman McCarney, and unanimously carried,
the following Ordinance be read by title only, title as follows:
ORDINANCE NO. 355
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTION 2-20 OF THE CODE OF THE CITY OF CYPRESS
TO REDUCE THE NUMBER OF MEMBERS OF THE PLANNING
COMMISSION FROM SEVEN TO FIVE
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
the second reading of this Ordinance. The motion was carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel, McCarney, and Noe
Bowen and Harvey
None
CLAIM FOR DAMAGES--RODOLFO AND CECILIA GASTELUM: The City Manager presented
a Claim for Damages submitted for Rodolfo and Cecilia Gastelum, 4132 Deeboyer
Street, Lakewood, by the Automobile Club of Southern California, in the
amount of $398.08, for damages sustained in an automobile accident involving
a City vehicle.
It was moved by Councilman Kanel and seconded by Councilman Bowen to deny
the Claim for Damages submitted by Rodolfo and Cecilia Gastelum and request
the City Manager to inform the City's insurance carrier of this action.
The motion was unanimously carried by the following roll~ll vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
ORAL COMMUNICATIONS:
Mr. George Burket, 5262 Belle Avenue, Cypress, addressed the Council,
indicating there is a problem of dust, algae and odor coming from the
channel located adjacent to his backyard. He further inquired as to the
possibility of the City oiling or cleaning this channel to alleviate
this problem.
In answer to Mr. Burket's question, the Public Works Director indicated
that the subject channel was the Carbon Creek Channel which is under the
jurisdiction of the Orange County Flood Control District and that the
District has been contacted numerous times regarding this situation.
Following further discussion, it was moved by Councilman Bowen, seconded
by Councilman Noe, and unanimously carried, to place this matter on the
agendaat this time.
Mr. Ronald Cole, 5252 Belle Avenue, Cypress, addressed the Council, also
expressing his concerning regarding the cleaning of the Carbon Creek Channel.
It was moved by Councilman Bowen, seconded by Councilman Noe, and
unaxtmously carried, to instruct the City Manager to notify the Orange
County Mosquito Abatement District and the Orange County Flood Control
District regarding the condition of the channel.
Upon the request of COuncilman Kanel, it was moved by Councilman Noe,
seconded by Councilman Bowen, and unanimously carried, to place considera-
tion of a Resolution of Conmendation to the Cypress Bobby Sox Softball
Team on the agenda at this time.
COMMENDATION TO CYPRESS BOBBY SOX TEAM: It was moved by Councilman Kanel,
seconded by Councilman Noe, and unanimously carried, to direct the City
Manager to prepare a Resolution of Commendation for the Cypress Bobby
Sox Baseball Team, to be presented at the next City Council meting, and
further to direct the City Manager to forward a letter of commendation to
all members of the Team.
August 28, 1967
132
ADJOURNMENT:
It was moved by Councilman Noe, seconded by Com~cilman Bowen, and
unanimously carried, to adjourn the meeting at 9:12 p.m. until 9:00 a.m.
on Friday, September 1, 1967, at the Cypress City Hall, 5275 Orange
Avenue, Cypress.
MAYOR OF THE CITY OF ~SS
ATTEST:
OF CYPRESS
__ Au~us[ 22_ Jq~7