Minutes 68-04-08MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 8, 1968
The regular meeting of the Cypress City Council was called to order at
4:00 p.m. on M~onday, April 8, 1968, in the City Council Chambers, 5275
Orange Avenue, Cypress, Mayor Robert C. Harvey presiding.
PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James Erickson, and Administrative Assistant Gene Poertner.
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Noe and
unanimously carried to approve the Minutes of March 25, 1968, as mailed.
It was moved by Councilman Noe, seconded by Councilman Kanel and
unanimously carried to correct the minutes of the Adjourned Regular
Meeting held on February 19, 1968, to include the following item on
page 2:
CERTIFICATION OF ELIGIBILITY LIST--POLICE LIEUTENANT: The City
Manager presented a report dated February 19, 1968, reviewing
the results of an examination conducted for the position of
Police Lieutenant.
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to approve the eligible list for Police
Lieutenant as submitted.
Following general discussion concerning the procedures to be followed in
canvassing the results of the General Municipal Election and the Special
Bond Election, it was moved by Councilman Kanel, seconded by Councilman
Bowen and unanimously carried to place this item on the agenda for
consideration at this time.
RESOLUTION ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION AND
THE SPECIAL BOND ELECTION TO BE HELD APRIL 9, 1968~ TO BE MADE BY THE
CITY CLERK: It was moved by Councilman Kanel and seconded by Councilman
Bowen, to adopt the following Resolution, title as follows:
RESOLUTION NO. 855
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MIINICIPAL
ELECTION AND THE SPECIAL BOND ELECTION TO BE HELD ON THE
9TH DAY OF APRIL, 1968, TO BE MADE BY THE CITY CLERK OF
THE CITY OF CYPRESS.
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 establish Wednesday, April 10, 1968, at 9:00 a.m.
in the City Council Chambers, 5275 Orange Avenue, Cypress, as the time
and place for the canvassing of the General Municipal Election and the
Special Bond Election.
It was generally agreed that the joint meeting of the City Council and
Planning Commission will be postponed until some time in May, 1968.
The City Manager indicated that the Council is invited to attend the
Policeman of the Year Awards Banquet, sponsored by the American Legion
Cypress Post No. 295 which is scheduled to be held on April 26 at the
Retail Clerks Union Auditorium in Buena Park; and requested that the
Council confirm whether or not they will be able to attend this banquet.
April 8, 1968
General discussion ensued as to the scheduling of the tree donation for
Cedar Glen Park to be made by the Cypress Junior Women's Club.
Following general discussion concerning other items contained in the
April 8th Progress Report, it was moved by Councilman Noe, seconded by
Councilman Kanel and unanimously carried to recess at 4:17 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, Finance Director
Jim Grissom, Building Superintendent Tom Nudson, and Planning Director
George Putnam.
AWARD OF CONTRACT RE: CERRITOS AVENUE STREET IMPROVEMENTS WEST OF VALLEY
VIEW STREET: The City Manager presented a report dated April 4, 1968, from
the Public Works Director reviewing the results of a bid opening conducted
on April 3, 1968, at 10:00 aom. in the ~fice of the City Clerk for street
improvements on Cerritos Avenue from 351 feet west of Valley View Street
to 1465 feet west of Valley View Street. The report indicated that of
ten bids submitted for this project, Coxco, Inc., P. O. Drawer "C", Stanton,
had submitted the lowest and best bid in the amount of $23,514.90, which is
approximately 19.5% below the Engineer's estimate for the project.
It was moved by Councilman Noe and seconded by Councilman Bowen to determine
that the lowest and best bid was submitted by Coxco, Inc. for the
construction of street improvements on Cerritos Avenue from 351 feet west
of Valley View Street to 1465 feet west of Valley View Street and that the
contract be awarded to Coxco, Inc., P. O. Drawer "C", Stanton, California,
as per their proposal dated April 3, 1968, in the amount of $23,514.90.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
Since Item No. 1 was a Public Hearing scheduled for 8:00 p.m., it was moved
by Councilman Bowen, seconded by Councilman Noe and unanimously carried to
proceed to Item No. 3 at this time and continue until 8:00 p.m.
COMMUNICATION FROM TANGLEWOOD HOMEOWNERS ASSOCIATION RE: SUPPORT OF DRAINAGE
BOND ISSUE: The City Manager reviewed a communication dated March 11, 1968,
signed by the Board of Directors of the Tanglewood Homeowners Association
indicating that the Board of Directors endorses and supports the proposed
$900,000 bond issue to finance an adequate flood control system within the
City of Cypress and urges all members of the Association to support this
measure.
It was moved by Councilman Kanel, seconded by Councilman Bowen and unani-
mously carried this communication be received and filed and the City Manager
be requested to express the City Council's appreciation of this action by
the Homeowners Associ ation.
COMMUNICATION FROM CYPRESS HOME OWNERS ASSOCIATION RE: SUPPORT OF DRAINAGE
BOND ISSUE: The City Manager reviewed a resolution submitted by Pat Welsh,
Secretary of the Cypress Home Owners Association, endorsing and declaring
its support of the City of Cypress Storm Drain General Obligation Bond
Election scheduled for April 9, 1968.
April 8, 1968
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried this resolution be received and filed and the City
Manager be requested to express the City Coancil's appreciation of this
action by the Home Owners Association.
COMMUNICATION FROM ROY M. ROTHGEB RE: COUNCIL'S ACTION ON CONDITIONAL USE
PERMIT NO. C-211; (HYATT DIE CAST PLANT): The City Manager presented
a communication dated March 21, 1968, from Mr. Roy M. Rothgeb, of 4551
Newman Avenue, Cypress, which indicates his opposition to the City Council's
action in reference to the conditional use permit which was granted for
the Hyatt Die Casting Plant.
It was moved by Councilman Kanel, seconded by Councilman Noe and
unanimously carried this communication be received and filed, and the
City Manager be authorized to acknowledge the letter and outline the
procedures followed in consideration of conditional use permits of this
n a ture.
COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: PROCLAMATION
OF "CALIFORNIA MOSQUITO CONTROL WEEK": The City Manager reviewed a
conm~unication dated March 22, 1968, from Mr. Jack H. Kimball, District
Manager of the Orange County Mosquito Abatement District, requesting the
City Council and Mayor to proclaim July 14 through July 20, 1968, as
"California Mosquito Control Week" in the City of Cypress.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried to authorize the Mayor to proclaim July 14 through
July 20, 1968, as "California Mosquito Control Week" in the City of
Cypress, following which Mayor Harvey did so proclaim.
COMMUNICATION FROM ORANGE COUNTY MEMORIAL GARDEN CENTER RE: PROCLAMATION
OF "CIVIC BEAUTY MONTH": The City Manager reviewed a communication dated
March 23, 1968, from Mrs. Weston Walker, Executive Secretary of the Orange
County Memorial Garden Center, transmitting a copy of a Resolution of the
Orange County Board of Supervisors proclaiming the month of April as
"Civic Beauty Month" in Orange County and requesting a similar proclamation
to be issued by the City of Cypress.
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to authorize the Mayor to proclaim the month of April
as "Civic Beauty Month" in the City of Cypress, following which Mayor
Harvey did so proclaim.
COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD
MEETING OF MARCH 21, 1968: The City Manager reviewed a connnunication
dated March 26, 1968, from Mr. Jack H. Kinball, District Manager of the
Orange County Mosquito Abatement District, transmitting a copy of the
Minutes of the Board of Trustees meetinglaid March 21, 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 ORANGE COUNTY CHAPTER OF NATIONAL FOUNDATION OF MARCH OF
DIMES RE: "HEALTHY BABY DAY": The City Manager reviewed a communication
dated March 29, 1968, from Mr. Arthur R. McKenzie, Chairman of the Orange
County Chapter of the National Foundation of the March of Dimes, requesting
the City Council and Mayor to issue a proclamation designating Thursday,
May 2, 1968, as March of Dimes "Healthy Baby Day" in the City of Cypress.
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to authorize the Mayor to proclaim Thursday, May 2, 1968,
as March of Dimes "Healthy Baby Day" in the City of Cypress, following
which Mayor Harvey did so proclaim.
April 8, 1968
COMMUNICATION FROM CYPRESS SHOW STOPPERS YOUTH BAND RE: CONTRIBUTION FROM
CITY COUNCIL: The City Manager presented a communication dated March 30,
1968, from Mrs. Beverly Searls, President of the Cypress Show Stoppers
Youth Band, on behalf of the Executive Board of the Show Stoppers
expressing their gratitude for the contribution approved for their
organization by the City Council.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS RE:
ASSEMBLY BILL 1166: The City Manager presented a communication dated
March 29, 1968, from Daniel D. Mikesell, Vice President of the Southern
California Association of Governments and Chairman of the Committee on
Aviation and Airports, requesting the City Council to support State
Assembly Bill 1166 which would appropriate State funds to helf finance
the Southern California Regional Airport System Study and Plan.
Mayor Harvey, who is the Council's representative on this Con~nittee,
indicated that he had not received my information from the Aviation
Committee of the League of California Cities regarding this Assembly Bill.
It was moved by Councilman Bowen, seconded by Councilman Noe and
unanimously carried to continue consideration of this communication until
the meeting of April 22, 1968.
COMMUNICATION FROM TUSTIN CHAMBER OF COMMERCE RE: AFFILATION OF ORANGE
COUNTY MEDICAL CENTER WITH UNIVERSITY OF CALIFORNIA AT IRVINE MEDICAL
SCHOOL: The City Manager presented a communication dated April 1,
1968, from Donald E. Brown, Chairman of the Legislative Conm~ittee of the
Tustin Chamber of Commerce requesting the City Council to commend
Supervisor Hirstein for his action at a recent Board meeting in
reference to affilation of the Orange County Medical Center with the
University of California at Irvine Medical School and requesting the
City Council's support in requesting the Board of Supervisors to form
a committee of community leaders to evaluate the program of medical
school affiliation.
It was moved by Councilman Noe, seconded by Councilman Bowen and
unanimously carried to authorize the Council's representative to the
Orange County Division of the League of California Cities to discuss
this matter at a future meeting of the League of Cities.
COMMUNICATION FROM CALIFORNIA HIGHWAY COMMISSION RE: COMMISSION'S POLICY
PERTAINING TO PARKS: The City Manager reviewed a communication dated
April 2, 1968, from Mr. Robert T. Martin, Assistant Secretary of the
California Highway Commission transmitting a copy of a resolution
outlining the policy of the Commission pertaining to parks as they relate
to the development and design of highway projects and indicating that it
is the Commission's policy to minimize the conflict between the State
Transportation System and the Park and Recreation facilities within the
State.
It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously
carried to receive and file this communication and request the City
Manager to forward a copy of the State Highway Commission resolution to
the Cypress Park and Recreation District.
CERTIFICATION OF EMPLOYMENT LIST--PATROLMAN: The City Manager presented
a report dated April 4, 1968, setting forth the results of an examination
which has been conducted for the position of Patrolman.
It was moved by Councilman Bowen, seconded by Councilman Kanel and
unanimously carried to approve the eligible list for Patrolman as
submitted.
April 8, 1968
RESOLUTION ORDERING CITY ENGINEER TO PREPARE PRELIMINARY REPORT FOR
STREET LIGHTING DISTRICT NO. 2: The City Manager presented a report dated
March 27, 1968, from the Public Works Director transmitting a Resolution
for consideration by the City Council ordering the preparation of a
preliminary report by the City Engineer for the installation, furnishing,
and maintenance of a street lighting system in the City, with the
preliminary report to be presented for consideration by the Council at
its regular meeting of May 13, 1968.
Following discussion it was moved by Councilman Bowen and seconded by
Councilman Noe to adopt the following Resolution, title as follows:
RESOLUTION NO. 857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY
ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLANS, SPECI-
FICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO
THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS
CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET
LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING
OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHT-
ING SYSTEM IN SAID CITY FOR A PERIOD OF THIRTEEN (13) YEARS,
BEGINNING JANUARY 1, 1969, AND ENDING JANUARY 1, 1982.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
RESOLUTION AUTHORIZING POSTING OF PROPERTIES~ DECLARING CITY'S INTENTION
TO ABATE AND SETTING PUBLIC HEARING DATE FOR HEARING OBJECTIONS--1968
WEED ABATEMENT PROGRAM: The City Manager presented a report dated March 28,
1968, from the Public Works Director transmitting a Resolution listing
properties within the City which are scheduled to be posted for removal
of weeds, rubbish, refuse and dirt; declaring the City's intention to
provide for the abatement of these nuisances; and establishing May 13,
1968, at 8:00 p.m. as the time and date for the Public Hearing to consider
objections to the abatement. The report further indicated that mailed
notices will be sent to persons whose properties have been posted in
addition to the posting of the properties.
Following general discussion in connection with providing the Cypress
School District with sufficient notification as to the City's intention
to abate weeds and rubbish on their properties, it was moved by
Councilman Bowen and seconded by Councilman Kanel to adopt the following
Resolution, title as follows:
RESOLUTION NO. 858
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC
NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE
ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON.
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 H~rvey
None
None
CONSIDERATION OF ENGINEERING PROPOSAL FOR 2-A DRAINAGE FACILITY--TOUPS
ENGINEERING: The City Mm~ager presented a report dated April 4, 1968,
reviewing a proposal submitted by Toups Engineering, Inc. for design of
the Master Plan Storm Drain to be located east of Denni Street between
Lincoln and Orange Avemues required as a condition of approval of Tenta-
tive Tract No. 7219. The proposal includes field survey work required for
April 8, 1968
design, review of hydrology, hydraulic calculations, construction plans,
specifications, quantity and cost estimates and preparation of deed of
easements and sketches for both temporary and permanent right of way
required for the storm drain construction at a maximum cost of $1,650
for preparation of cons truction plans and specifications and $875.00 for
surveying and construction staking.
In response to a question from Councilman McCarney, the City Manager
advised that the storm drain would be an underground drain.
It was moved by Councilman McCarney and seconded by Councilman Bowen
to authorize the design of Master Plan Drainage Facility Project #2-A-5
and authorize the City Manager to accept the proposal of Toups Engineer%ng,
Inc. dated March 21, 1968, for the engineering design with the funds for
the design to be advanced by Larwin Company as per condition No. 9 on
Tentative Tract Map No. 6219. 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
RECESS:
The Mayor declared a three-minute recess at 7:57 p.m. The meeting was
called back to order at 8:00 p.m., all City Councilmen being present.
PUBLIC HEARING RE: PROPOSED VACATION OF ALLEY BETWEEN BLOOMFIELD AND
PASEO DE ORO NORTH OF VIA ENGRESSO IN TRACT NO. 6210: The Mayor
announced this was the time and place for the Public Hearing to consider
the proposed vacation of an alley located between Bloomfield Street and
Paseo de Oro north of Via Engresso in Tract No. 6210. The Mayor declared
the Public Hearing open and requested the Staff to present its reports.
The City Manager presented a report dated April 4, 1968, indicating that
this Item has been continued from the Council meeting of March 25, 1968,
and that the affidavit of posting of the continuation of this Item is on
file in the office of the City Clerk. The report also transmitted a
copy of the original report from the City Manager outlining the necessity
of the proposed vacation.
The Mayor asked if anyone in the audience wished to speak in favor of or
in opposition to the proposed vacation. There being no written
cormnanications and no oral comments, the Mayor declared the Public
Hearing closed.
It was moved by Councilman McCarney and seconded by Councilman Noe to
adopt the following Resolution, title as follows:
RESOLUTION NO. 856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
VACATING A CERTAIN ALLEY SUBJECT TO THE RESERVATION OF
CERTAIN EASEMENTS.
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: ZONE CHANGE NO. Z-166 (CYPRESS PLANNING COMMISSION~
The Mayor announced this was the time and place for the Public Hearing to
consider an application for amendment to the Zoning Ordinance No. 90 to
change the zone of a certain parcel of land from P-D (Planned Development)
to R-1 (One-family Residential) on Lots 1 through 89 of Tract No. 6289, and
C-2, (General Commercial) on Lot 90 of Tract No. 6289, generally located
at the northeast comer of Ball Road and Walker Street, initiated by the
Cypress City Planning Commission, known as Zone Change No. Z-166.
April 8, 1968
The Mayor declared the Public Hearing open and requested the Staff to
present its reports.
The City Manager presented a report dated April 4, 1968, indicating that
the affidavits of publication, posting, and mailing of the Public Hearing
notices on this matter are on file in the office of the City Clerk and
no written connnunications have been received.
The Planning Director reviewed the action taken by the Planning Connnission
in its recon~nendation of approval of this zone change and indicated
that the present Planned Development zoning is incongruous with the use
of the property at the present time in that the homoowners are required
to obtain modifications of the original Conditional Use Permit in order
to make additions, such as patios, to their single-family dwellings.
The Mayor asked if anyone in the audience wished to apeak in favor of
or in opposition to the proposed change of zone.
There being no written connnunications and no oral protests, the Mayor
declared the Public Hearing closed.
It was moved by Councilman Bowen, seconded by Councilman Kanel 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 ORDINANCE NO. 90, THE ZONING ORDINANCE BY
CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM P-D
(PLANNED DEVELOPMENT) TO R-1 (ONE-FAMILY RESIDENTIAL)
AND C-2 (GENERAL COMMERCIAL), ZONE CHANGE NO. Z-166.
It was moved by Councilman Noe and seconded by Councilman Kanel 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
CONSIDERATION OF ADOPTION OF UNIFORM BUILDING AND PLUMBING CODES: The
City Manager presented a report dated April 4, 1968, indicating that the
Building Superintendent has completed a review of the proposed amendmonts
to the various Building Codes of the City as unanimously approved by the
Orange County Chapter of the International Conference of Building Officials
and would recommend at this timo the adoption of the 1967 Editions Uniform
Building Code, Volumes I, II, IV, and the Building Standards; and the 1967
Edition of the Uniform Plumbing Code.
The City Manager further advised that the 1968 Edition of the National
Electric Code will be available in September, at which time it will be
presented for review by the Council.
The City Attorney then reviewed the procedures to be followed by the
Council in adopting these codes relative to the scheduling of the Public
Hearing, following which he read the following Ordinance by title only:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE
CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE
UNIFORM BUILDING CODE, 1967 EDITION VOLUME I, THE
"BUILDING CODE", THE UNIFORM BUILDING CODE, 1967 EDITION,
VOLUME II, THE "UNIFORM MECHANICAL CODE", THE UNIFORM
BUILDING CODE, 1967 EDITION, VOLUME IV, DANGEROUS
BUILDINGS, THE "UNIFORM CODE FOR REPAIR, VACATION OR
DEMOLITION OF DANGEROUS BUILDINGS", AND THE UNIFORM
BUILDING CODE, 1967 EDITION, "STANDARDS".
April 8, 1968
It was moved by Councilman Bowen and seconded by Councilman McCarney
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
It was moved by Councilman Bowen, and seconded by Councilman Kanel to
adopt the following Resolution establishing April 22, 1968, at 8:00 p.m.
as the time and date for the Public Hearing on this matter. The title
of the Resolution is as follows:
RESOLUTION NO. 859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE FORM OF NOTICE TO BE GIVEN PURSUANT TO
GOVERNMENT CODE SECTION 50022.3
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
The City Attorney then read the following Ordinance by title only:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER 19, CONSISTING OF SECTIONS 19-1 AND
19-2, OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY
REFERENCE, THE UNIFORM PLUMBING CODE, 1967 EDITION.
It was moved by Councilman Bowen and seconded by Councilman Kanel 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 COUNCILMBN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was moved by Councilman Bowen and seconded by Councilman Kanel to
adopt the following Resolution establishing April 22, 1968, at 8:00 p.m.
as the time and date for the Public Hearing on this matter. The title
of the Resolution is as follows:
RESOLUTION NO. 860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE FORM OF NOTICE TO BE GIVEN PURSUANT TO
GOVERNMENT CODE SECTION 50022.3
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
CLAIMS FOR DAMAGES--AUDREY AND FRANK L. HERRICK: The City Manager
presented a report dated April 4, 1968, reviewing two claims both of
which are in the amount of $75,000, for damages submitted by Attorney
Everett E. Demler on behalf of Audrey and Frank L. Herrick, 3493 Shipway
Avenue, Long Beach, California, for damages allegedly occurring as a
result of an automobile accident on Wardlow Road near Kaylor Street.
The report further indicated that since the alleged accident took place
outside the City limits of Cypress, it does not appear that the City
would have any liability in this matter.
April 8, 1968
In answer to a question from Councilman Bowen, the City Manager advised
that several agencies were named in the Claim.
It was moved by Councilman Bowen, seconded by Councilman Kanel and
unanimously carried to deny the Claims both of which are in the amount
of $75,000 from Audrey and Frank L. Herrick, 3493 Shipway Avenue, Long
Beach, California, and to request the City Manager to notify the City's
insurance carrier of this action.
CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manager
presented a report dated March 27, 1968, reviewing the results of an
examination which has been conducted for the position of Crossing Guard.
It was moved by Councilman Kanel, seconded by Councilman Bowen and
unanimously carried to approve the employment list for Crossing Guard
as submitted.
CONSIDERATION OF COMMERCIAL WARRANT LIST, WARRANTS NO. 18702 THROUGH
18787: Following general discussion concerning litigation fees, it
was moved by Councilman McCanrey and seconded by Councilman Noe to
approve the Commercial Warrant List for Warrants No. 18702 through
18787 in the amount of $36,411.29 as submitted. 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
SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-164 (LARWIN COMPANY):
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. 371
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY
CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-4
(HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) TO R-1
(ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-164.
It was moved by Councilman Noe 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:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
SECOND READING RE: ZONE CHANGE NO. Z-165 (LARWIN COMPANY): It was
moved by Councilman Noe, seconded by Councilman Kanel and unanimously
carried to read the following Ordinance by title only, title as follows:
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY
CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3
(MULTIPLE-FAMILY RESIDENTIAL) TO R-1 DNE-FAMILY
RESIDENTIAL), ZONE CHANGE NO. Z-165.
Councilman Bowen advised that since he lives within three hundred feet
of this proposed change of zone, he would abstain from voting on this
matter.
It was moved by Councilman Noe and seconded by Councilman McCarney to
approve the second reading of this Ordinance. The motion was carried
by the following roll call vote:
April 8, 1968
321_
AYES: 4 COUNCILMEN: Kanel, McCarney, Noe, and Harvey
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED: 1 COUNCILMEN: Bowen
ORAL COMMUNICATIONS:
The City Manager announced that the City Council had adopted a Resolution
during the afternoon session authorizing the City Clerk to conduct the
canvass of the election returns on Wednesday, April 10, 1968, at 9:00 a.m.
in the City Council Chambers, 5275 Orange Avenue, and invited all persons
interested to attend this canvass.
Mrs. Patricia Munn, 10563 Jill Street, Cypress, addressed the Council
expressing her concern for the need of passing the storm drain bond
issue and further questioned whether or not Councilman Kanel was in
favor of the bond issue. Councilman Kanel replied that he was on record
in support of the flood control bond issue, as evidenced by his signature
on the argument in favor of the bond issue.
Mrs. Frederick Neubauer, 6812 Jonathan Avenue, Cypress, questioned the
City Council on several matters relating to the City Council's approval
of the conditional use permit for the Hyatt Die Casting Plant which
included the history of the zoning of the property, the legal position
of the City in the event the permit had been denied and the reasons
for Councilman Kanel's opposition to the use permit.
In response to these inquiries, the City Attorney explained that the
City would not be liable for denying the conditional use permit, follow-
ing which general discussion ensued concerning the purpose of a
conditional use permit of this type,
Councilman Kanel then indicated that he had voted in opposition to
granting the conditional use permit to Hyatt Die Cast because he did
not feel that such an establishment should be located in the area
proposed and further would have desired to see more conditions incor-
porated into the approval of the permit.
Mrs. Alice Flannery, 10622 Ritter Street, Cypress, addressed the Council
stating that she had been informed that Councilman Kanel was opposed to
the flood control bond issue. Councilman Kanel restated his position
in favor of the bond issue.
Mr. Ernest Holden, 10711 Ritter Street, Cypress, addressed the Council
inquiring about the legal position of the City in the event the
conditional use permit had been denied for the Hyatt Die Casting Plant.
Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council
indicating that he did not feel that the M-1 (Light Manufacturing) zone
was the proper zone for location of a die casting corporation.
Mr. Jamas O'Hara, 9194 Ethel Street, Cypress, addressed the Council
indicating that he had been urged to attend this meeting since the
Hyatt Die Casting Plant was to be discussed; however, he wished to state
that he had attended a meeting at which Councilman Kanel spoke in favor
of the flood control bond issue. He further requested an investigation
of the condition of the property adjacent to his tract which had created
a drainage nuisance for homes in the area.
The Public Works Director indicated that he would investigate this matter.
Mrs. Frederick Neubauer, 6812 Jonathan Avenue, Cypress, addressed the
Council stating that although she is unable to attend all Council meetings
she is quite active in her con~nunity and is concerned over the hazard
presented in the area of the Jonathan Channel. She further discussed
her activities as a menf0er of the Fly Abatement Board.
April 8, 1968
In response to questions from Councilman Bowen, the City Manager
advised that telephones would be made available to the precinct
workers who would be working in the local schools on election day;
and that the time period for removal of inoperable vehicles on
Jonathan Avenue had not expired.
In answer to further inquiries from Councilman Bowen, the City Manager
advised that the Staff would investigate the possibility of removing
the right turn only arrows at the intersection of Ball Road and Moody
Street.
Councilman Kanel indicated that since this was his last meeting prior
to the election, he would like to state that he has enjoyed his
experience of working on the City Council.
ADJOURNMENT:
There being no further business to come before the Council, it was
moved by Councilman Noe, seconded by Councilman Bowen to adjourn the
meeting at 9:13 p.m. to Tuesday, April 16, 1968, at 7:30 p.m. in the
City Council Chambers.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERfbF' TH'~ C~TY O~ CYPRESS
April 8, 1968