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Minutes 67-10-09155 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 9, 1967 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, October 9, 1967, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clark Darrell Essex, City Attorney James Erickson, and Assistant City Manager Darrell Dalton. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, to approve the Minutes of the Regular meeting of September 25, 1967, as mailed. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to go into Executive Session at 4:01 p-m. for the purpose of discussing threateded litigation. The meeting was called back to order at 4:33 p.m., all City Councilmen being present. STAFF REPORTS AND DISCUSSIONS: The City Manager reviewed the proposed schedule of activities for Youth in Government Day to be held on Tuesday, October 10, 1967, and general discussion ensued regarding the necessity for the City Council to adjourn the present meeting to the time and date of the Youth in Government Day activities. Councilman Kanel indicated that he could not see the necessity for the Council to adjourn a regular meeting for the purpose of participating with the students from Cypress Junior College in the Student City Council meeting. In response to questions from various Councilmen, the City Attorney briefly reviewed the provisions of the Brown Act. After discussion, it was generally agreed to adjourn the evening meeting to October 10, 1967, at 4:00 p.m. The City Manager informed the Council that Assemblyman Kenneth Cory had indicated that he would like to meet with the members of the City Council to discuss any questions the Council might have regarding current or proposed legislative matters at the afternoon session of the November 13th Council meeting. It was agreed that the City Manager should extend an invitation to Assemblyman Gory to attend the afternoon session of the November 13th Council meeting. Upon the request of the City Manager, it was moved by Councilman McCarney, seconded by Councilman Noe, and unanimously carried, to add consideration of adopting a Resolution authorizing and qppointing representatives to appear before the Local Agency Formation Commission as Item 2 a. on the evening portion of the City Council agenda. The City Manager requested the City Council to submit any comments or additions they may wish included in the City Newsletter for October. Upon the reqeest of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to place considera- tion of upgrading the position in the Engineering Division from Engineering Aide to Sr. Engineering Aide as Item 14 on the evening portion of the City Council agenda~ October 9, 1967 RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to declare a recess at 4:58 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 follow- ing 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, Finance Birector Jim Grissom, Police Chief George Savord, Planning Director George Putnam, Building Superintendent Tom Nudson, and Administrative Assistant Gene Poertner. At this time, Mayor Harvey announced that on October 6, 1967, at 10:07 a.m. Mrs. Harvey gave birth to a 7 lb. 10 oz. baby girl, who has been named Danelie Joy Harvey. AWARD OF BID FOR PURCHASE OF FOUR POLICE VEHICLES: The City Manager presented a report dated October 5, 1967, reviewing the results of bids which were received in the Office of the City Clerk on Wednesday, October 4, 1967, in the presence of the City Clerk, Finance Director, and Police Chief for the purchase of four police vehicles, with the results of the bids as follows: McPeek Plymouth Center, Inc. 1200 South Anaheim Boulevard Anaheim, California $10,500.00 Dave Schenk Dodge, Inc. 7954 South Greenleaf Avenue Whittier, California $11,466.00 It was moved by Councilman Bowen and seconded by Councilman Noe to accept the bid of McPeek Plymouth Center, Inc., 1200 South Anaheim Boulevard, Anaheim, in the amount of $10,500.00 as the lowest and best bid and further to award the contract for the purchase of four police vehicles to McPeek Plymouth Center, Inc. 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 BID FOR CONSTRUCTION OF WALKER STREET FROM LIME AVENUE TO 660 FEET NORTH OF BALL ROAD (PHASE I): The City Manager presented a report dated October 9, 1967, from the Public Works Director, summarizing the results of the bid opening conducted in the Office of the City Clerk on October 5, 1967, in the presence of the City Clerk and the Public Works Director for the improvement of Walker Street from Lime Avenue to 660 feet north of Ball Road. Upon a review of the eleven bids submitted, which are on file in the Office of the City Clerk, it was determined that C. E. Hurley Contracting Corporation had submitted the lowest and best bid, in the amount of $26,482.50. It was moved by Councilman Bowen and secDnded by Councilman Noe to accept the bid submitted by C. E. Hurley Contracting Corporation for the construction of street widening and related improvements on Walker Street from Lime Avenue to 660 feet north of Ball Road as the lowest and best bid and to further award the contract for this work to C. E. Hurley Contracting Corporation, 11541 Westminster, Garden Grove, California, as per their proposal, dated October 5, 1967, in the amount of $26,482.50. In answer to a question from Mayor Harvey, the City Manager stated that to his knowledge, construction of street improvements under the subject contract would not require the closure of Walker Street. October 9, 1967 157 In response to a question from Councilman Noe, Public Works Director Arthur Schatzeder advised that the contract does contain a liquidated damages clause which penalizes the contractor for any unreasonable delay in the completion of the construction heyond the time period set forth in the contract documents. Councilman Bowen's 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 COMMUNICATIONS: The City Manager announced that one of the Student City Council members, Mr. Doug Prill, who would participate in the Youth in Government Day activities on October 10, 1967, was in the audience. ADOPTION OF RESOLUTION APPOINTING AND AUTHORIZING REPRESENTATIVES TO THE LOCAL AGENCY FORMATION COMMISSION: The City Manager advised that in the previous Resolution adopted by the City Council appointing and authorizing representatives to appear before the Local Agency Formation Commission, the City Attorney had been inadvertently omitted from the list, and suggested that the City Council may wish to consider adopting another Resolution adding Jim Erickson's name to the list of the City's representatives. It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the following Resolution, title as follows: RESOLUTION NO. 819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING AND AUTHORIZING REPRESENTATIVES TO THE LOCAL AGENCY FORMATION COMMISSION 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 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: APPLICA- TION FOR TRANSFER OF OFF-SALE BEER AND WINE LICENSE (STOP 'N GO MARKET): The City Manager presented a connnunication from the Department of Alcoholic Beverage Control notifying the City of an application for transfer of off-sale beer and wine license from Mortimer and Ellen Rosenreid to Jo Ann and Ivan G. Votaw at the Stop 'N Go Market, 4461 Cerritos Avenue, Cypress. The Police Department, in a review of the application, found no reason to protest the application. It was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: APPLICA- TION FOR TRANSFER OF OFF-SALE GENERAL LICENSE (STOP 'N GO MARKET): The City Manager presented a communication from the Department of Alcoholic Beverage Control notifying the City of an application for transfer of an off-sale general license from National Drive-In Grocery Corporation to Stop 'N Go Market, 5011 Ball Road, Cypress. The Police Department, in a review of the application, found no reason to protest the application. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to receive and file this cormnunication. COMMUNICATION FROM STATE CONTROLLER'S OFFICE KE: DISTRIBUTION OF GAS TAX MONIES: The City Manager presented a communication dated September 21, 1967, from the State Controller's Office notifying the City that, effective November 9, 1967, monies distributed under Section 2106, which replaces Section 186.1, and under Section 2107 will be distributed to the cities from the Office of the State Controller rather than from the Department of Public Works. October 9, 1967 The communication further advised that any future agreements between counties and cities authorized under the provisions of Section 2106.5 must be filed with the State Controller rather than the Department of Public Works. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CYPRESS LIONS CLUB RE: "WHITE CANE DAY": The City Manager presented a communication from the Cypress Lions Club President, Mr. Darrell Dalton, requesting the Mayor and City Council to proclaim Saturday, October 21, 1967, as "White Cane Day", which is sponsored by the Cypress Lions Club for the purpose of raising funds for eye conservation. It was moved by Councilman Noe, seconded by Councilman McCarney, and unanimously carried, to authorize the Mayor to proclaim Saturday, October 21, 1967, as "White Cane Day" in the City of Cypress. Mayor Harvey then officially proclaimed Saturday, October 21, 1967, as "White Cane Day" in the City of Cypress. COMMUNICATION FROM SKYBUSt INC, RE: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE BEFORE THE PUBLIC UTILITIES COMMISSION: The City Manager presented a communication dated September 27, 1967, from Mr. John A. Heuer, Vice President and General Counsel of Skybus, Inc., requesting the City Council to adopt a Resolution supporting the application of Skybus, Inc. for a certificate of public convenience before the public utilities commission as a passenge~ air carrier between Orange County Airport and Los Angeles International Airport. The City Manager stated that the City Clerk's office had received no communications either in favor of or opposed to the subject application. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM MR. LOUIS L. SELBY RE: ANNEXATION NO. 67-3: The City Manager presented a communication dated October 2, 1967, from Mr. Louis L. Selby, on behalf of four property owners north of Lincoln Avenue whose properties are included in the City of Cypress Annexation No. 67-3, advising the City Council that a request for continuance of the subject annexation hearing had been requested of the Local Agency Formation Commission. The communication further suggested that the City Council consider filing a stipulation with the Local Agency Formation Commission excluding the property of Mr. Selby~s clients from the annexation proposal in exchange for the withdrawal of all protests to the annexation as well as the withdrawal of the request for continuance. The City Manager stated that he did not believe the annexation proposal is sufficiently complicated to warrant a lengthy study, as suggested to Mr. Selby, and did not feel that it would be reasonable for theCity to agree to a continuance of this matter. He further stated that the City Council, as proponents of ~he annexation, should go on record requesting the Local Agency Formation Conunission to deny the request for continuance and to proceed with the public hearing and consideration of the subject annexation. The City Manager further stated that the Local Agency Formation Commission should be advised that at least one of Mr. Selby's clients was aware of the annexation proceedings at least thirty days prior to the hearing scheduled before the Commission in order that the Commission may make a determination as to whether or not thirty days is a sufficient amount of time to complete the necessary studies for an annexation of this size. Councilman Kanel stated that since Mr. Selby was in the audience, he felt that the Council, City Attorney, and City Manager should go into an Executive Session to-discuss this matter, since, as stated in Mr. Selby's letter, it could involve litigation. October 9, 1967 159 It was moved by Councilman Noe, seconded by Councilman McCarney, and unanimously carried, to go into an Executive Session to discuss threatened litigation at 7:49 p.m. The meeting was called back to order at 8:19 p.m., all City Council being present. It was moved by Councilman McCarney and seconded by Councilman Bowen to receive and file Mr. Selby's communication dated October 2, 1967, along with the attached stipulation; and further to authorize the City Manager to notify the Local Agency Formation Commission that the City Council, as proponents of Annexation No. 67-3, are not in favor of continuance of the public hearing and further, that sufficient time has been allowed for any and all opponents to prepare the necessary presentation required at the public hearing of the Commission. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Bowen, McCarney, and Harvey NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe DESIGNATION OF OFFICIAL CITY OF CYPRESS FLOWER AND TREE: The City Manager presented a report dated October 4, 1967, reviewing previous action taken by the City Council in referring the communication from Mrs. Weston, Executive Secretary of the Orange County Memorial Garden Center, regarding selection of a City tree and flower to the Staff for further study and report. The City Manager stated that since the Italian Cypress tree had been so closely associated with the City of Cypress in that it is used on the official City Seal, City stationery and other city documents, the City staff would recommend that the Council designate the Italian Cypress tree as the official City tree without further study. Councilman Bowen expressed concern as to the problems of maintenance of the Italian Cypress tree and the City Manager advised that the Cypress tree would serve primarily as a symbol. The City Manager suggested that the Council may wish to direct the formation of a citizens committee to study appropriate flowers which can be designated as the official flower of the community and prepare a recommen- dation for consideration at the City Council meeting of October 23, 1967. This would allow ~he naming of the official city Elower to coincide with the activities of the Beautification Day program on November 4, 1967. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to authorize the Mayor to officially proclaim the Italian Cypress Tree as the Official City Tree. Mayor Harvey then officially proclaimed the Italian Cypress tree to be the official City tree. It was then moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to request the Woman's Club of Cypress, Cypress Junior Women's Club and the Cypress Chamber of Commerce to appoint a committee of their members to recommend to the City Council an appropriate flower to be designated as the official City flower at the City Council meeting of October 23, 1967. RESOLUTION ESTABLISHING NO PARKING AREA ON SOUTH SIDE OF BALL ROAD BETWEEN BLOOMFIELD AND MOODY STREETS: The City Manager presented a report dated October 5, 1967, outlining the need to install a No Parking Zone on the south side of Ball Road between Bloomfield and Moody Streets in order to awwure good traffic flow in this area. This recommendation was made by the Traffic Advisory Committee since the road width in this area provides for only two traffic lanes on the south side of Ball Road and does not allow sufficient area for parking. October 9, 1967 It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A NO PARKING AREA ON THE SOUTH SIDE OF BALL RIAD BETWEEN BLOOMFIELD AND MOODY STREETS. 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 FIRST READING ORDINANCE RE: AMENDING CHAPTER 16 OF CYPRESS CITY CODE GIVING DEFINITION OF ALLEY: The City Manager presented a report dated October 9, 1967, reviewing the problems encountered by the Police Department in the enforcement of the No Parking restrictions in the Tanglewood Development alleys. The problems have arisen due to the fact that the Tanglewood alleys are in excess of 25 feet whereas in the Motor Vehicle Code alleys are defined as "any highway having a roadway not exceeding 25 feet in width .... " Therefore, upon an investigation of this matter by the Traffic Advisory Committee, it was agreed that the City Code Section 16 be amended to provide for a definition of an alley as "a highway having a roadway not exceeding 30 feet in width." It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 16 OF THE CYPRESS CITY CODE, ENTITLED "MOTOR VEHICLES AND TRAFFIC" TO ADD SECTION 16-7 GIVING DEFINITION OF AN ALLEY It was then moved by Councilman Noe and seconded by Councilman Bowen, to adopt the first reading of this Ordinance. Mayor Harvey expressed concern as to subjecting the homeowners in the Tanglewood Development to No Parking citations and felt that some warning should be given to them before enforcement of this restriction commences. The City Attorney stated that this enforcement would only mean reinstituting the program of enforcement which has been in existence since the occupancy of the Tanglewood development. Mayor Harvey stated he felt this type of enforcement would not be proper without installing "No Parking" signs. The Assistant City Manager advised that the majority of the residents in Tanglewood are aware of this restriction and that the problems created by persons parking in the alleys were origianlly brought to the attention of the Traffic Committee by the residents of Tanglewood. Councilman Noe's 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 FIRST READING ORDINANCE AMENDING SECTION 2-12 OF CITY CODE AMENDING POWERS AND DUTIES OF CITY MANAGER: The City Manager presented a report dated October 5, 1967, reviewing the need to amend Section 2-12 of the City Code to revise the titles of the City Manager in order to be consistent with the current practices within the City. Specifically, the titles of deputy city treasurer and building superintendent are no longer applicable to the responsibilities of the City Manager and should be deleted, while the responsibilities of ex officio Personnel Officer and Public Relations Officer have been carried by the City Manager without the official titles. It was moved by Councilman McCarney, seconded by Councilman Kanel, 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 2-12 OF ARTICLE II OF CHAPTER 2 OF THE CYPRESS CITY CODE. 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: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 17720 THROUGH 17794: It was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Commercial Warrant List, warrants No. 17720 through 17794, in the amount of $42,810.71. Prior to voting, Mayor Harvey advised that he would vote no on this item for reasons previously stated. Councilman McCarney's motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None CONSIDERATION OF UPGRADING POSITION IN THE ENGINEERING DIVISION FROM ENGINEERING AIDE TO SENIOR ENGINEERING AIDE: The City Manager stated that with the recent resignation of an engineering aide in the Engineering Division, it would be necessary to recruit for an employee to fill this position. He advised that he had received a request from the Public Works Director to change this position classification from Engineering Aide to Senior Engineering Aide. This request was based on the need to recruit persons with additional engineering experience which would be required to assume the duties which would be assigned to this position in the Engineering Division. The City Manager further indicated that sufficient monies were available in the Engineering Division Salary Account to recruit for the Senior Engineering Aide position. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to authorize the Engineering Aide position in the Engineering Division to be changed to Sevior Engineering Aide at Salary Range 30. ORAL COMMUNICATIONS: There were no oral conmunications presented at this time. Councilman Kanel inquired as to the possibility of a property owner constructing a three foot chain link fence on top of an existing three foot block wall within the front yard setback. Mr. Kanel felt that since it is possible to see through a chain link fence, it would still be in conformance with the vision clearance requirements. The City Manager stated that, aside from the vision clearance problems, the appearance of the neighborhood would also have to be considered in the approval of such construction. After general discussion, it was agreed that this matter should be reviewed by the members of the staff for recommendation. October 9, 1967 Councilman Kanel stated that he wished to change his vote on the considera- tion of the Cormnercial Warrant List so that the record would indicate he had cast a "NO" vote since it appears there may be a conflict on the part of another City Councilman with an item on the Commercial Warrant List. The roll call vote for Approval of the Commercial Warrant List should read as follows: AYES: 3 COUNCILMEN: Bowen, McCarney, NOES: 2 COUNCILMEN: Kanel and Harvey ABSENT: 0 COUNCILMEN: None and Noe In response to an inquiry from Councilman McCarney, the Public Works Director reviewed the progress being made on the improvements on Bloomfield Street as well as the improvements on Orange Avenue adjacent to Bloomfield Street. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen, and carried, to adjourn the meeting at 8:50 p.m. until 4:00 p.m., Tuesday, October 10, 1967, in the City Council Chambers, 5275 Orange Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY~dL~RK ~F T~tE CI/FY OF CYPRESS October 9, 1967