Minutes 68-02-13MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 13, 1968
The regular meeting of the Cypress City Council was called to order at
4:00 p.m. on Tuesday, February 13, 1968, in the City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey pre-
siding.
PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey
ABSENT: Councilman Kanel
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, Building Sueprintendent Tom Nudson, and Administrative
Assistant Gene Poertner.
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Noe and
unanimously carried to approve the Minutes of the Joint Meeting between
the Cypress Planning Conmission and City Council held January 22, 1968,
as mailed.
Following discussion, it was moved by Councilman McCarney, seconded by
Councilman Bowen and unanimously carried to approve the Minutes of the
Regular City Council meeting of January 22, 1968, as mailed.
Upon the request of the City Manager, it was moved by Councilman Noe,
seconded by Councilman Bowen and unanimously carried to consider at
this time a Resolution of Conmendation for Orrin Maybee, inmediate past
President of the Cypress Chamber of Commerce.
It was then moved by Councilman Bowen and seconded by Councilman Noe to
adopt the following Resolution, title as follows:
RESOLUTION NO. 842
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING ORRIN MAYBEE FOR HIS CONTRIBUTION TO THE
GROWTH AND PROGRESS OF THE CITY OF CYPRESS AS 1967
PRESIDENT OF THE CYPRESS CHAMBER OF COMMERCE.
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Bowen, McCarney, Noe, and Harvey
None
Kanel
Upon the request of the City Manager, it was moved by Councilman Bowen,
seconded by Councilman McCarney and unanimously carried to place
consideration of a Claim for Damages from Augustine G. Garcia as Item
23 on the evening portion of the City Council agenda.
COUNCILMAN KANEL ARRIVED AT 4:05 P. M. AND TOOK HIS PLACE ON THE PODIUM.
Upon the request of the City Manager, it was moved by Councilman Bowen,
seconded by Councilman Noe and unanimously carried to place consideration
of an application for off-sale beer and wine license requested by the
Great Atlantic and Pacific Tea Company, Inc. as Item 10 (b) on the
evening portion of the City Council agenda.
ACKNOWLEDGEMENT OF ACHIEVEMENT BY CITY EMPLOYEES: The City Manager
presented certificates of achievement to James E. Williams, Curtis E.
Wheaton, Eugene Poertner, Jerry Shumard, and Don Amberg for completing
the training course in Supervisory Methods in Municipal Administration
and further introduced Mr. Charles Bryant, Cypress Park and Recreation
Director, who presented a similar certificate to Terry Crego, Recreation
Supervisor. The City Manager and Mayor congratulated these employees
for their achievements.
February 13, 1968
EXECUTIVE SESSION:
In response to a request from the City Manager, it was moved by
Councilman Noe, seconded by Councilman Bowen and unanimously carried
to go into an Executive Session at 4:08 p.m. for the purpose of
discussing pending litigation. The meeting was called bakc to order
at 4:25 p.m., all City Councilmen being present.
Following discussion regarding a citizens conmittee to support the
bond proposal, the City Council agreed that the Mayor should request
those persons who indicated an interest in supporting a bond issue
at the recent Town Hall meeting to attend a meeting for the purpose
of forming a citizens committee in support of the bonds.
Building Superintendent Tom Nudson reviewed the revisions to the
proposed sign ordinance. General discussion was held regarding the
sign regulations at which time it was generally agreed that the
section of the proposed ordinance concerning political signs should
be revised to control only those signs which might be dangerous to
life and property.
The City Council agreed that this meeting should be adjourned to Monday,
February 19, 1968, at 7:00 p.m. to allow the City Council to interview
applicants for the Advisory Traffic Committee.
RECESS:
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to recess at 5:40 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, Administrative Assistant Gene Poertner, Public Works
Director Art Schatzeder Police Chief George Savord, Building Superin-
tendent Tom Nudson, Planning Director George Putnam, and Finance
Director Jim Grissom.
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
Since Item No. t on the agenda was a Public Hearing scheduled for
8:00 p.m., it was moved by Councilman Bowen, seconded by Councilman
Noe and unanimously carried to move to Item No. 5 on the agenda at
this time.
COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: LEAGUE APPOINTMENTS:
The City Manager reviewed a communication dated January 15, 1968, from
Mr. Edward H. Rademacher, President of the League of California Cities,
announcing his appointments to the League Committees for 1968 and
advising that Mayor Harvey has been resppointed to the League Connnittee
on Aviation.
It was moved by Councilman McCarney, seconded by Councilman Noe and
unanimously carried to concur in Mayor Harvey's acceptance of his
appointment to the League Committee on Aviation and authorize his
participation on the committee as an official representative of the
City of Cypress.
COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: UNDERGROUNDING OF
UTILITIES: The City Manager reviewed a communication dated January 4,
1968, from Mr. Ralph Andersen, Assistant Director of the League of
California Cities, transmitting a copy of a suggested underground
February 13, 1968
ordinance for conversion of existing overhead utility facilities to
underground facilities. The communication further suggested that the
ordinance be further reviewed by an advisory con~nittee consisting of
the appropriate City representatives and representatives from the
local utility companies.
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to appoint an advisory committee consisting of the
City Manager, City Attorney, Public Works Director, Planning Director
and representatives from the Southern California Edison Company, General
Telephone Company and Pacific Telephone Company for the purpose of re-
viewing the proposed ordinance regulating the conversion of overhead
utility facilities to underground facilities.
COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING
MINUTES OF MEETING OF BOARD OF TRUSTEES: The City Manager reviewed a
communication dated January 23, 1968, from the Orange County Mosquito
Abatement District transmitting a copy of the Minutes of the Board of
Trustees meeting held January 18, 1968. A copy of these Minutes is on
file in the office of the City Clerk.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried this communication be received and filed.
COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: PROPOSED WATER RATE
INCREASE BY SOUTHERN CALIFORNIA WATER COMPANY: The City Manager
presented a communication from the Public Utilities Commission
notifying the City that a public hearing regarding the application
of the Southern California Water Company for a rate increase has been
scheduled for Tuesday, March 26, 1968, at 10:00 a.m. in the Council
Chambers of the City Hall, Santa Ana, California.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried this communination be received and filed.
COMMUNICATION FROM STATE COMMISSION ON PEACE OFFICER STANDARDS AND
TRAINING RE: FIFTY PERCENT REIMBURSEMENT TO CITY FOR TRAINING POLICE
OFFICERS: The City Manager reviewed a communication from William J.
McCann, Chairman of the State Commission on Peace Officer Standards and
Training, transmitting a check in the amount of $1,362 which represents
a full 50% reimbursement for the training of the City Police Officers
during 1967. The City receives this reimbursement as a result of
complying with the standards and training procedures as recommended by
this Commission. The communication further commended the City for
upgrading the quality of law enforcement in the State of California.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM ORANGE COUNTY ADVERTISING CLUB RN: PROCLAMATION
OF FEBRUARY AS "ADVERTISING RECOGNITION MONTH": The City Manager
reviewed a communication dated February 5, 1968, from Mr. Mark G.
Jorgensen, Advertising Manager of the Orange County Advertising Club,
requesting the Council to adopt a Resolution proclaiming February as
"Advertising Recognition Month" in the City of Cypress, endorsing the
Advertising Code of American Business and supporting the slogan chosen
by the National joint Committee composed of the Advertising Federation
of America and the Advertising Association of the West.
It was moved by Councilman Bowen and seconded by Councilman Kanel to
adopt the following Resolution, title as follows:
RESOLUTION NO. 843
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
PROCLAIMING FEBRUARY AS ADVERTISING RECOGNITION MONTH,
ENDORSING THE ADVERTISING CODE OF AMERICAN BUSINESS AND
SUPPORTING THE SLOGAN OF THE NATIONAL AFA-AAW JOINT
COMMITTEE.
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
February 13, 1968
COMMIFNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: APPLICATION
FOR TRANSFER OF OFF-SALE BEER AND WINE LICENSE--THE GREAT ATLANTIC AND
PACIFIC TEA COMPANY: The City Manager reviewed a communication dated
February 5, 1968, from the Department of Alcoholic Beverage Control
advising that ~}plication for an off-sale beer and wine license has
been made by the Great Atlantic and Pacific Tea Company, Inc., 9337
Walker Street, Cypress, California. The City Manager indicated that
an investigation conducted by the Police Department revealed no
reason to protest the subject application.
It was moved by Councilman McCarney, seconded by Councilman Kanel
and unanimously carried, this application be received and filed.
REQUEST FOR AUTHORIZATION TO CONSTRUCT COMMUNITY ENTRANCE SIGN: The
City Manager presented a report dated February 8, 1968, regarding the
proposed location and type of community entrance sign to be constructed
near the intersection of Lincoln Avenue and Bloomfield Street. General
discussion was held regarding the location of the sign and the advan-
tages and disadvantages of constructing the permanent entrance sign as
recommended by the citizens committee.
Councilman Kanel indicated that he preferred the permanent sign to
be placed in the proposed median island on Lincoln Avenue at some
future date.
Following further discussion it was moved by Councilman McCarney and
seconded by Councilman Bowen to authorize and direct the City Staff
to construct and install a permanent entrance sign at a cost not to
exceed $2,300 on the southeast corner of Bloomfield Street and Lincoln
Avenue, subject to securing permission for this installation from the
Mobile Home Park officials. The motion was carried by the following
roll call vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, McCarney, and Noe
Kanel and Harvey
None
CONSIDERATION OF REVISIONS TO CITY CODE RE: SIGN REGULATIONS: It was
moved by Councilman Noe, seconded by Councilman McCarney and unanimously
carried to continue consideration of this item until the Council meeting
of February 26, 1968.
RECESS:
The Mayor declared a recess at 7:58 p.m. The meeting was called back
to order at 8:00 p.m., all City Councilmen being present.
PUBLIC HEARING RE: VACATION OF WESTERLY 135 FEET OF FIRST ALLEY SOUTH
OF LINCOLN AVENUE: The Mayor announced this was the time and place
for the Public Hearing to consider the proposed vacation of the westerly
135 feet of the first alley south of Lincoln Avenue westerly of Walker
Street in the City of Cypress, as initiated by Pup N' Taco Drive Up.
The Mayor declared the Public Hearing open and requested the Staff to
present its reports.
The City Manager indicated that affidavits of posting and mailing of
the notices of the proposed vacation are on file in the office of the
City Clerk. The City Manager then read into the record of the Public
Hearing communications dated February 6, 1968, and February 10, 1968,
from Mr. A. E. "Pat" Arnold, 5541 Bishop Street, Cypress, and Mr.
Garrit N. Roghair, 5552 Lincoln Avenue, Cypress, protesting the
proposed vacation of the alley.
The Public Works Director reviewed the extent of the proposed alley
vacation and indicated that with the anticipated increase in traffic
volume on Walker Street, turning movements from the subject alley will
create a traffic hazard for vehicles on Walker Street. He further
indicated that since the alley is only fifteen feet wide, there is not
adequate width for two-way traffic.
February 13, 1968
253
In response to a question from Councilman Kanel, the Planning Director
advised that the Planning Commission in its consideration of the
proposed vacation had expressed concern over the width of the entire
alley, and had proposed a study of the entire alley to determine whether
the alley should be widened to accommodate two-way traffic, completely
vacated, or limited to one-way traffic.
General discussion ensued among the Council members concerning the
hardship which would occur to persons adjoining this alley relative
to the location of their garages and trash pickup locations.
Councilman McCarney and Noe indicated that they would desire to continue
consideration of this matter until the study of the entire alley has been
completed by the Planning Cormnission.
The Mayor asked if anyone in the audience wished to speak for or against
this proposed vacation.
Mr. Manuel Molinar, 5191 Bishop Street, Cypress, addressed the Council
stating his opposition to the proposed vacation since one of his tenants
adjoining the alley utilizes the alley for a driveway. He further
advised that the trash company utilizes this alley for trash pickup.
Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council
concerning the location of the garages on the alley.
Mrs. M. S. Robbins, 5571 Bishop Street, and Mrs. Norland, 5581 Bishop
Street, Cypress, addressed the Council protesting the proposed vacation
of the alley since it would prevent them from gaining access to their
garages.
In response to a question from Councilman Kanel, the City Attorney advised
that the Council could either continue the Public Hearing until further
evidence has been presented by the Planning Commission or deny the
vacation under discussion and initiate new proceedings at a future date.
In answer to an inquiry from Mrs. Robbins, 5571 Bishop Street, concerning
the maintenance of the alley, the Public Works Director explained that
since the alley is unimproved, the City has not maintained the alley.
There being no further w~itten cormnunications or oral protests concerning
hetproposed vacation, the Mayor declared the Public Hearing closed.
It was moved by Councilman McCarney and seconded by Councilman Kanel to
deny the vacation of the westerly 135 feet of the first alley south of
Lincoln Avenue. 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: CONSIDERATION OF MODIFICATION OF CONDITIONAL USE
PERMIT NO. C-166, #4 (LARWIN COMPANY): The Mayor announced this was
the time and place for the Public Hearing to consider an application for
modification of a Conditional Use Permit to allow the construction
of townhouses in place of single-family residences on property generally
located south of Orange Avenue, east of Bloomfield Street, north of
Ball Road, and west of Denni Street, requested by Larwin Company, 9300
Wilshire Boulevard, Beverly Hills, California, known as Modification
of Conditional Use Permit No. C-166, #4. The Mayor declared the
Public Hearing open and requested the Staff to present its reports.
The City Manager advised that the affidavits of posting, publishing and
mailing of the Public Hearing notices are on file in the office of the
City Clerk. He further read into the record of the Public Hearing a
communication dated January 30, 1968, a copy of which is on file in
the office of the City Clerk, from Mr. Howard J. Levind, Director of
February 13, 1968
254
Marketing Operations for Larwin Company. The communication transmitted
nine copies of certified letters which had been sent to the purchasers
of certain single-family residences in Tra~t No. 6214, which is
adjacent to Tract 5374. The communication also transmitted copies
of acceptance letters signed by purchasers of Lots 77,100,102, and
103 in Tract No. 6214 and advised that all prospective purchasers of
unsold lots in Tract No. 6214 will be shown the map of the proposed
Tanglewood Devplopment in Tract No. 5374.
The Planning Director reviewed the action of the Planning Commission
as well as the various conditions suggested by the Planning Commission
in the approval of the subject permit.
The Mayor asked if anyone in the audience wished to speak for or
against the subject Modification.
Mr. Lee Goldin, Vice President of Larwin Company, 9300 Wilshire
Boulevard, Beverly Hills, addressed the Council speaking in favor
of the Modification of the subject Conditional Use Permit and stating
that he concurred in the conditions recommended by the Staff. Upon
the request of Councilman Bowen, Mr. Goldin briefly reviewed the
contents of the original Use Permit and the modifications which have
subsequently been made to the original Permit.
Mr. Ted LaLesch, 5948 Eastbrook Avenue, Lakewood, California, who is a
prospective purchaser of Lot 101 in Tract No. 6214, spoke in opposition
to the proposed Tanglewood Development as submitted in Conditional Use
Permit No. C-166, #4, since his lot will face the garages of Tanglewood.
Mr. Bill Scott, 5452 Lindley, Encino, California, addressed the Council as
the prospective owner of Lot 99 in Tract No. 6214 and spoke in opposition
to the subject Permit. He stated that his main objection to the Permit
was the manner in which the development was presented by the sales
personnel. He further indicated that he felt the Tanglewood Development
would depreciate the value of his Greenbrook home.
Mr. John Graham, 13441 Wyatt Street, Westminster, addressed the Council
as the prospective home owner of Lot 79 in Tract No. 6214 and indicated
that he felt the matter had been misrepresented by the sales office in
Tanglewood. He further indicated that all the persons who are purchasing
homes in Greenbrook should be contacted as to the proposal of having
Tanglewood immediately adjacent to their residences.
Mr. Richard Parker, 4622 Ashbu~y, Cypress, addressed the Council stating
that he did not feel the Tanglewood Development was an asset to the
community and inquiring as to how maintenance operations will be
performed after Larwin Company is no longer involved in the development.
Mr. Goldin outlined the provisions which are contained in the mortgages
for the Tanglewood Developments for future maintenance of the landscaping
and indicated that the re-sale values of Tanglewood are relatively high
and requested further particulars concerning the stated misrepresentations
made by sales people of Larwin Company.
There being no further written communications or oral protests, the
Mayor declared the Public Hearing closed.
The Planning Director submitted an added condition for consideration by
the Council if the subject Permit is approved which states that "There
shall be no tot lots or play areas in the open green area immediately
adjacent to Lots 78 and 79 of Tract No. 6214."
It was moved by Councilman McCarney and seconded by Councilman Kanel to
approve Modification of Conditional Use Permit No. C-166, #4 Revised,
subject to the following conditions:
February 13, 1968
All landscaping plans for the townhouse section shall be
approved by the Planning Director.
A swimming pool with a cab ana shall be provided for the
townhouse development. The size of the pool shall be
equivalent to that of the model site of the Tanglewood
Townhouse Development.
All C.C. & R.'s shall be approved in detail prior to the
issuance of building permits for the townhouses.
All building setbacks shall be no less than those required
in the R-4 zone for the townhouses.
All conditions irf~osed upon approval of Tentative Tract
Map No. 5374, 4th Revision, shall apply to this Conditional
Use Permit Modification.
Townhouse accessory structures for the parking of motor
vehicles shall be garages instead of carports,
Approval of the Conditional Use Permit Modification is
subject to execution of a satisfactory agreement between
the Larwin Company and the City of Cypress regarding the
provision for and financing of drainage facilities.
The Modification shall apply only to that portion of the
development not previously recorded.
There shall be a 10-foot setback from the rear property
lines of Lots 712, 713, and 714.
10.
There shall be no tot lots or play areas in the open
green area immediately adjacent to Lots 78 and 79 of
Tract 6214.
Mayor Harvey indicated that although he is not opposed to the overall
plan as presented, he is concerned over the location of Lot 101 in
Tract No. 6214 since it abuts an alley in the Tanglewood Development.
Mayor Harvey and Councilman Kanel then indicated a desire to have this
subject layout revised for better placement of the lots abutting the
alley.
Councilman McCarney's motion was then carried by the following roll call
vote:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Kanel, Mc~arney, and Noe
Bowen and Harvey
None
It was moved by Councilman Bowen, seconded by Councilman Kanel and
unanimously carried to recess at 9:50 p.m. The meeting was called back
to order to 9:55 p-m., all City Councilmen being present.
PUBLIC HEARING RE: ZONE CHANGE NO, Z-162 (ANNEXATION NO. 67-3): The
Mayor announced this was the time and pl ace for the Public Hearing to
consider the zoning of the area to be included in City of Cypress
Annexation No. 67-3, in the general vicinity of Lincoln Avenue easterly
of Moody Street; a copy of the map and boundaries thereof is on
file in the Planning Department; initiated by the Cypress Planning
Commission, known as Zone Change No. Z-162. The Mayor declared the
Public Hearing open and requested the Staff to present its reports.
The City Manager advised that the affidavits of publishing, posting,
and mailing of the Public Hearing notices are on file in the office of
the City Clerk. He further read into the record of the Public Hearing
a corfananication dated February 7, 1968, which has been received from
the Cypress Elementary School District indicating that the District
can see no areas of concern with respect to the subject zone change.
February.13, 1968
The Planning Director reviewed the recommendation o~ the Planning
Commission and outlined the zoning proposed for the subject area.
Highway Cormnercial zoning is proposed for the area on the north side
of Lincoln Avenue and the area on the south side for a depth of
three hundred feet, and High Density Multiple-Family (R-4) zoning is
proposed for the property southerly of the three hundred foot depth.
The Mayor asked if anyone in the audience wished to speak for or
against the proposed change of zone.
Mr. John Leneker, 4504 Middlebury Circle, Cypress, addressed the Council
asking generally about the present zoning of the City as it relates
to the General Plan.
In response to a question from Mr. William Schaper, 9173 Ethel Street,
Cypress, the Planning Director reviewed the uses which are allowed in
an R-4 zone.
There being no written communications and no oral protests, the Mayor
declared the Public Hearing closed.
It was moved by Councilman Bowen, seconded by Councilman McCarney,
unanimously carried to read the following Ordinance by title only,
title as follows:
and
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ESTABLISHING THE ZONING OF THE AREA INCLUDED IN CITY
OF CYPRESS ANNEXATION NO. 67-3 AS H-C (HIGHWAY COMMERCIAL)
AND R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) ZONE
CHANGE NO. Z-162.
It was then moved by Councilman Bowen and seconded by Councilman Noe to
approve 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
PUBLIC HEARING RE: CONSIDERATION OF PROPOSED REVISIONS TO THE MASTER
PLAN OF DRAINAGE--CONSOLIDATION OF DRAINAGE DISTRICTS: The Mayor
announced this was the time and place for the Public Hearing to consider
proposed revisions to the Master Plan of Drainage, initiated by the
Cypress Planning Commission. The Mayor declared the Public Hearing
open and requested the Staff to present its reports.
The City Manager advised that the affidavits of publishing and posting
the Public Hearing notices are on file in the office of the City Clerk
and no communications have been received concerning this matter.
The Public Works Director reviewed the extent of the existing facilities,
the facilities with serious deficiencies which necessitate immediate
attention and the proposed facilities with the total value of these
facilities estimated at $4,169,800. The Public Works Director stated
that the recommended drainage f~e, based on the value of the
facilities is $1,100 per acre. He further advised that there is a
possibility that the Orange County Flood Control District will
participate in construction of some of the major facilities from their
annual construction budget.
The Mayor asked if anyone in the audience wished to speak for or against
this proposed revision.
Mr. Pete Van Ruiten, 9432 South Bloomfield Street, Cypress, addressed the
Council inquiring as to the method which will be utilized in imposing the
proposed drainage fee on properties.
February 13, 1968
Mr. John Leneker, 4504 Middlebury Circle, Cypress, addressed the Council
concerning provisions which have been made for draining those areas lying
northerly of Lincoln Avenue. The Public Works Director explained that
this area is presently under study and will be included in the Master
Plan at a future date.
There being no written communications and no further oral comments, 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. 844
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE CITY ENGINEER'S REPORT ON THE REVISION OF
THE MASTER PLAN OF DRAINAGE.
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 the following Resolution, title as follows:
RESOLUTION NO. 845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADOPTING AN AMENDMENT TO THE MASTER PLAN OF DRAINAGE.
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, seconded by Councilman Noe, and
unanimously carried to read the following Ordinance by title only,
title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 25-23 AND 25-24 OF CHAPTER 25 OF THE
CODE OF THE CITY OF CYPRESS REGARDING DRAINAGE ASSESSMENT
FEES.
It was then moved by Councilman Bowen and seconded by Councilman Kanel
to approve the first reading of this Ordinance.
Following general discussion regarding the proposed drainage fee, the
motion to approve the first reading of the Ordinance 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 TENTATIVE TRACT MAP NO. 5374 FOURTH REVISED (LARWIN
COMPANY): The Planning Director presented a report dated February 8,
1968, reviewing the action taken by the Cypress Planning Commission in
their consideration of Tentative Tract Map No. 5374, Fourth Revised
to allow for the construction of 168 additional Tanglewood Townhouses
east of "M" Street, south of "R" Street and north of the south
boundary of the Tract.
February 13, 1968
It was moved by Councilman McCarney and seconded by Councilman Kanel
to approve Tentative Tract Map No. 5374, Fourth Revised, subject to
the following conditions.
That the conditions of approval of this Fourth Revision only
apply to that area indicating townhouse development located
north of the south boundary of the Tract, east of "M" Street,
and south of "R" Street.
Drainage shall be solved to the satisfaction of the City
Engineer.
A six foot (6') high block wall fence shall be constructed
along all property lines of the R-1 properties abutting
the Tanglewood development.
Vehicular and pedestrian access rights shall be granted to
the City of Cypress and alleys innnediately adjacent to the
single-family residential development.
All streets shall be fully dedicated and improved to City
standards.
The developer shall grant all necessary easements for
drainage purposes to the satisfaction of the City
Engineer.
The developer shall be required to provide a street lighting
system approved by the City Engineer.
The curb radius on all cul-de-sacs shall be approved by
the City Engineer.
All 47' streets shall have 36' of paving; all 51' streets
shall have 40' of paving.
10.
The terminus of "O" Street south of "M" Street shall
indicate a 51~ street instead of a 47' street.
11. Advance street light energy charges shall be paid.
12.
Street grades shall be to the satisfaction of the City
Engineer.
13.
Any required retaining walls shall have footings designed
for an extension to an ultimate six feet (6') in height
above the highest finished grade.
14.
Street trees shall be of the size and type approved by
the City Staff.
15.
Trash storage areas are required and shall be located
adjacent to the through streets on those alleys which are
not through alleys or those alleys without tu~narounds and
shall be enclosed.
16.
Drainage fees shall be in accordance with the Master Plan of
Drainage.
17.
The developer shall meet all requirements of the Fire
Prevention Bureau of the County of Orange.
18.
The conditions of Modification of Conditional Use Permit
No. C-166, 4th Revised, shall be complied with.
19.
The cul-de-sac adjacent to Lot 388 shall be moved easterly
and a six foot (6') high wrought iron fence shall be con-
structed around the perimeter of the cul-de-sac behind the
sidewalk and shall eliminate access to Re open green area.
A sidewalk adjacent to the curb in this area is required.
February 13, 1968
20.
The north/south alley located westerly and southerly of
Lot 222 shall be connected to allow for through traffic
in a manner approved by the City Engineer.
21.
A swimming pool and cabana shall be constructed in the
open green area southerly of Lot 247 for the use and
enjoyment of those people residing in this portion of
the Tanglewood development.
Councilman McCarney's 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
REQUEST FOR ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 6276 (LARWIN COMPANY):
The City Manager reviewed a report dated February 13, 1968, from the
Public Works Director advising that the public improvements in Tract
No. 6276, which is located at the northeast corner of Bloomfield Street
and Orange Avenue, and consists of 19,779 acres and 100 R-1 lots, plus
Lots "~', "B", "C", and "D", have been completed in accordance with
approved plans and specifications and only minor corrections to asphalt
pavement remain to be completed by Larwin Company.
It was moved by Councilman Bowen and seconded by Councilman McCarney to
accept the public improvements in Tract No. 6276 as being satisfactorily
completed in accordance with the plans and specifications, and authorize
the City Clerk to release the Faithful Performance, Labor and Material
and Monumentation bonds upon expiration of the required lien period,
providing no mechanics liens have been filed subject to completion of
minor corrections to asphalt pavement. 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
REQUEST FOR ACCEPTANCE OF WEST SIDE STORM DRAIN--FAR WESTERN PIPELINE ~ INC.:
The City Manager presented a report dated February 13, 1968, from the
Public Works Director advising that a final inspection conducted on
January 11, 1968, indicated the West Side Storm Drain has been satisfacto-
rily completed in accordance with approved plans and specifications and
only minor repairs consisting of removal of debris around the construction
site remain to be accomplished. This drain is located between Denni and
Bloomfield Street.from Orange Avenue to the retarding basin and the contract
for the project was awarded by Larwin Company, with the approval of the
City Council.
It was moved by Councilman Bowen and seconded by Councilman Noe to accept
the construction of the West Side Storm Drain as being satisfactorily
completed in accordance with the approved plans and specifications and
to further authorize the City Clerk to release the Faithful Performance
and Labor and Materials bonds upon the expiration of the required lien
period, providing no mechanic's liens have been filed and providing
that the debris in the construction area is removed. 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
REQUEST FOR AUTHORIZATION TO CONDE~fiq RIGHT OF WAY--CERRITOS AVENUE WEST
OF VALLEY VIEW STREET: The City Manager presented a report dated
February 8, 1968, outlining the necessity to adopt a Resolution similar
to that previously adopted by the City Council authorizing and directing
condemoation proceedings for the acquisition of a triangular-shaped
parcel of land on the south side of Cerritos Avenue west of Valley
View Street to provide the right of way required for the street improve-
ment project. This Resolution would differ from that previously adopted
February 13, 1968
in that it would exclude underlying mineral rights from the condemnation
action which will reduce the cost of the right of way. The report
further indicated that deletion of the acquisition of mineral rights
in the condemnation action will not adversely affect the use of the
right of way for street purposes.
It was moved by Councilman Noe and seconded by Councilman Bowen to
adopt the following Resolution, title as follows:
RESOLUTION NO. 846
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING AND DIRECTING THE CONDE~ATION OF CERTAIN
REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA
AND DECLARING THE PUBLIC NECESSITY THEREFOR.
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
CONSIDERATION OF SUBMISSION OF ARGUMENTS FOR DRAINAGE BONDIPROPOSAL:
The City Manager presented a report dated February 8, 1968, advising
that the Elections Code authorizes the City Council to submit a written
argument in favor of the local bond proposal which may not exceed
300 words in length and which, along with those arguments which may be
submitted in opposition to the bond proposal, will be printed and
distributed with the sample ballots for the consolidated Municipal
Election to be held April 9, 1968. The City Manager indicated that
Friday, February 23, 1968, at 5:00 p.m. has been established as the
last day on which arguments may be filed.
It was moved by Councilman McCarney and seconded by Councilman Bowen
to adopt the following Resolution, title as follows:
RESOLUTION NO. 847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE
A WRITTEN ARGLR4ENT FOR A CITY MEASURE.
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
CONSIDERATION OF LETTER-AGREEMENT RE: EMPLOYMENT OF LEGAL COUNSEL--
DRAINAGE BOND ISSUE: The City Manager presented a report dated
February 8, 1968, transmitting a copy of a proposed letter-agreement
dated January 26, 1968, from the legal firms of Rutan and Tucker and
O'Nelveny & Myers for legal services for the drainage bond issue
whereby Rutan and Tucker would have the primary responsibility for the
legal proceedings required in the election and the issuance and sale
of the bonds if the proposal is approved, while the firm of O'Melveny &
Myers will act as bond counsel in reviewing the proceedings and issuing
an opinion to be used in the sale of the bonds. The fee proposed is
$2.00 for each $1,000 of the principal amount of the bond authorized up
to $1 million to be divided equally between the two finns. In the event
the proposal fails to carry, the total fee due would be $750.00 payable
to Rutan and Tucker.
Following general discussion, it was moved by Councilman Noe and seconded
by Councilman McCarney to approve the lette~agreement dated January 26,
1968, for legal services in the bond election and to authorize the Mayor
February 13, 1968
to sign and the City Clerk to attest the letter-agreement with the
legal firms of Rutan and Tucker and O'Melveny & Myers. 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
REQUEST FOR AUTHORIZATION TO SEEK PROPOSALS FOR ARTERIAL BEAUTIFICATION
PLAN: The City Manager presented a report dated February 8, 1968,
advising that a request had been submitted by the Planning Commission for
the Council to reconsider the Arterial Beautification Program since the
Commission feels this Program is needed at this time to foster community
identity and for the purpose of providing a guideline for the Planning
Commission and City Council for future development of the coFanunity.
The report further suggested that the Council consider obtaining propo-
sals from qualified landscape architects to obtain an indication of the
cost of this Program.
Following discussion it was moved by Councilman Noe, seconded by
Councilman Bowen and unanimously carried to authorize the Staff to
obtain proposals from qualified consultants for the development of the
General Plan of Arterial Beautification in accordance with the "General
Plan of Arterial Beautification" specifications dated October 9, 1967.
CERTIFICATION OF EMPLOYMENT LIST--CIVIL ENGINEER ASSOCIATE: The City
Manager presented a report dated February 8, 1968, setting forth the
results of an examination which has been conducted for the position of
Civil Engineer Associate. It was moved by Councilman McCarney,
seconded by Councilman Bowen and unanimously carried to certify the
eligibility list for Civil Engineer Associate as submitted.
APPROVAL OF CO~MERCIAL WARRANT LIST~ WARRANTS NO. 18342 THROUGH 18449:
Following discussion, it was moved by Councilman Noe and seconded by
Councilman McCarney to approve the Commercial Warrant List for Warrants
No. 18342 through 18449 in the amount of $77,377.17. 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 RE: DRAINAGE BOND ELECTION--APRIL 9, 1968:
It was moved by Councilman Bowen, seconded by Councilman Noe and unani-
mously carried to read the following Ordinance by title only, title as
follows:
ORDINANCE NO. 367
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE
OF A SPECIAL ELECTION TO BE HELD IN SAID CITY ON
APRIL 9, 1968, FOR THE PURPOSE OF SUBMITTING TO THE
QUALIFIED VOTERS OF SAID CITY A PROPOSITION TO INCUR
BONDED INDEBTEDNESS BY SAID CITY FOR A CERTAIN
MUNICIPAL IMPROVEMENT AND CONSOLIDATING SAID ELECTION
WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
SAID DATE.
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney,
NOES: 1 COUNCILMEN: Harvey
ABSENT: 0 COUNCILMEN: None
and Noe
Mayor Harvey stated that he is in favor of the bond election; however,
he is opposed to consolidating the bond election with the General
Municipal Election on April 9, 1968.
February 13, 1968
262
CLAIMS FOR DAMAGES--AUGUSTINE G. GARCIA: The City Manager reviewed a
Claim for Damages dated January 23, 1968, in the amount of $2,000
which was submitted by the law firm of Dalton and Mordock on behalf
of Augustine G. Garcia for purported damage to his property which
occurred as a result of lumber geing removed during the City of Cypress
Weed Abatement Program conducted in 1967. The City Manager advised
that Mr. Gareia's property was cleaned of weeds, rubbish, and debris
under the supervision of the Public Works Director, with inspections
being conducted by the Public Works Inspector.
It was moved by Councilman Bowen and seconded by Councilman McCarney to
officially deny the Claim for Damages dated January 23, 1968, in the
amount of $2,000 submitted by Dalton and Mordock on behalf of Augustine
G. Garcia. 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
REQUEST FOR AUTHORIZATION TO ABATE PUBLIC NUISANCE--6752 JONATHAN AVENUE:
The City Manager reviewed a memorandum dated February 5, 1968, from the
Planning Director concerning the condition of the premises at 6752 Jonathan
Avenue, Cypress, and requesting authorization to proceed to initiate
proceedings to abate the nuisance which consists of abandoned vehicles.
It was moved by Councilman Bowen and seconded by Council rmn McCarney to
adopt the following Resolution, title as follows:
RESOLUTION NO. 848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ACCEPTING THE REPORT OF THE PLANNING DIRECTOR AND DECLARING
ITS INTENTION TO ABATE THE NUISANCE AT 6752 JONATHAN AVENUE,
CYPRESS, AND SETTING THE TIME AND PLACE FOR THE PUBLIC
HEARING TO RECEIVE EVIDENCE CONCERNING THIS MATTER.
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
No~e
ORAL COMMUNICATIONS:
Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council
concerning the action taken by the Cypress Planning Cor~nission in
connection with the location of the Hyatt Die Casting Plant on Lincoln
Avenue in Cypress. The City Attorney stated that there has been an
appeal filed on the Plansing Commission's decision in this matter and
a Public Hearing will be scheduled to hear all proponents and opponents;
therefore, he would advise that all corf~nents concerning this matter
be withheld until the Public Hearing.
In response to an inquiry from Councilman Kanel, general discussion
ensued as to the anticipated completion date for the construction of
the Ball Road Water Line by Metropolitan Water District and the Public
Works Director briefly reviewed the problems which have been encountered
with the contractor during the course of this construction.
It was generally agreed that a letter should be directed to Metropolitan
Water District requesting their cooperation in expediting the construction
of this water line through the City limits of Cypress.
Discussion was introduced by Councilman Kanel concerning the status of
the Cypress Show Stoppers Youth Band and Councilman Kanel suggested that
the City Council may wish to consider giving the Youth Band some monetary
assistance.
February 13, 1968
253
It was moved by Councilman Kanel, seconded by Councilman Noe and
unanimously carried to place this matter on the agenda for considera-
tion at this time.
Following discussion it was moved by Councilman Kanel and seconded by
Councilman Noe to authorize and direct the City Manager to make an
investigation of the economic needs of the Cypress Show Stoppers Youth
Band and present this information to the City Council at its next meeting
to be held February 19, 1968.
Following further discussion, 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
Upon the request of Mayor Harvey, it was moved by Councilman Bowen,
seconded by Councilman Noe and unanimously carried to place on the
agenda for consideration at this time the nuisance which exists on the
Anaheim High School District's property on Valley View Street north of
Ball Road.
It was moved by Councilman Kanel, seconded by Councilman Bowen and
unanimously carried to direct the City Manager to communicate with the
Anaheim Union High School District requesting the District to take
appropriate action to abate this nuisance.
Councilman Noe indicated that he would request that a copy of this
communication be forwarded to Mr. Cook and Mr. Ken Wines.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Noe, seconded by Councilman Bowen and unanimously
carried to adjourn this meeting at 11:49 p.m. until 7:00 p.m. on
Monday, February 19, 1968, in the Conference Room in the West Wing of
the Cypress Civic Center, 5275 Orange Avenue, Cypress.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
February 13, 1968