Minutes 68-04-16MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 16, 1968
An adjourned regular meeting of the Cypress City Council was called to
order at 7:30 p.m. on Tuesday, April 16, 1968, in the City Council
Chambers, 5275 Orange Avenue, Mayor Robert C. Harvey presiding.
PRESENT:
ABSENT:
Councilmen: Bowen, Kanel, McCarney, Noe, and Harvey
None
Also present were City Manager/City Clerk Darrell Essex, Deputy City
Attorney Leonard Hanpel, Public Works Director Arthur Schatzeder,
Finance Director Jim Grfssom, Police Chief George Savord, and Building
Superintendent Tom Nudson.
CONSIDERATION OF CITY CLERK'S CERTIFICATE OF CANVASS OF ELECTION RETURNS:
The City Manager presented a report dated April 16, 1968, indicating
that the City Clerk conducted a canvass of the election returns of the
April 9, 1968, General Municipal Election and Special Bond Election in
the City Council Chambers on Wednesday, April 10, 1968, at 9:00 a.mo; and
transmitting the City Clerk's Certificate of the canvass of the election
returns for these elections.
It was moved by Councilman Noe and seconded by Councilman Kanel to accept
the City Clerk's Certificate of Canvass of election returns of the General
Municipal Election and Special Bond Election and authorize the certificate
to be used as an exhib~ to the resolutions reciting the facts of the
election returns. 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
At this time, Mayor Harvey read a letter from Pup N' Taco Company ex-
pressing their gratitude to the Cypress Building Department for the
efficient manner in which inspections of the Pup N' Taco Drive Up esta-
blishment at the corner of Lincoln Avenue and Walker Street were conducted.
CONSIDERATION OF RESOLUTION RECITING FACT OF GENERAL MUNICIPAL ELECTION:
It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt
the following Resolution, title as follows:
RESOLUTION NO. 861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD IN SAID CITY OF CYPRESS ON THE 9TH DAY OF
APRIL, 1968, DECLARING THE RESULT THEREOF AND SUCH
OTHER MATTERS AS ARE PROVIDED BY LAW.
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
In accordance with Section 6 of the above Resolution No. 861, the following
is a statement of the results of said election.
1. The whole number of votes cast in the City was 2,275.
The names of the persons voted for at said election for the
position of member of the City Council of the City of Cypress
are as follows:
John Kanel
Martin G. McCarney
Leo C. Baroldi
Peter D. Gorzeman
Delno G. Kanode
John C. Leneker
D. Bruce Smith
April 16~ 1968
The number of votes given at each precinct and the
number of votes given in the City to each of such
persons above named for the position of Member of
the City Council are as follows:
FOR MEMBER OF THE CITY COUNCIL
TOTAL
VOTES
PRECINCT KANEL McCARNEY BAROLDI GORZEMAN KANODE LENEKER SMITH CAST AT
PRECINCT
1-A 31 10 43 57 30 9 34 113
1-B 65 13 19 34 62 71 22 151
2 69 40 42 40 75 53 94 217
3 48 34 37 20 43 19 103 163
4 45 17 36 34 32 20 50 127
5 38 28 22 40 42 21 43 122
6 88 66 52 72 95 40 49 238
7 63 39 22 69 72 45 50 196
8 52 31 16 47 26 25 32 120
9 86 67 45 72 47 33 18 193
10 55 67 98 92 65 35 29 231
11 71 22 35 51 36 32 43 149
12 47 26 80 39 49 27 50 164
13 13 16 40 12 21 15 24 78
TOTAL 771 476 587 679 695 445 641 2260
ABSENTEE
VOTES 6 3 3 5 6 0 4 15
TOTAL
VOTES 777 479 590 684 701 445 645 2275
CAST
Elected as members of the City Council for a full term of four years
John Kanel
Delno G. Kanode
777 votes
701 votes
CONSIDERATION OF RESOLUTION RECITING FACT OF SPECIAL BOND ELECTION: It
was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the following Resolution:
April 16, 1968
RESOLUTION NO. 862
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF
THE ELECTION RETURNS OF THE SPECIAL BOND ELECTION
HELD IN SAID CITY ON APRIL 9, 1968.
WHEREAS, a special bond election was consolidated with the regular
general municipal election and said elections were held and conducted
in the City of Cypress, County of Orange, State of California, on
Tuesday, the 9th day of April, 1968, as required by law; and
WHEREAS, notice of said special bond election was duly and
regularly given in time, form and manner ~ provided by law; that
voting precincts were properly estaSlished; that election officers
were appointed and that in all respects said election was held and
conducted and the votes cast thereat, received and canvassed and the
returns made and declared in time, form and manner as required by the
provisions of the Elections Code of the State of California for the
holding of elections in cities; and
WHEREAS, pursuant to Resolution No. 855 adopted the 8th day of
April, 1968, the City Clerk of the City of Cypress canvassed the returns
of said election and has certified the results to this City Counci~ said
results are received, attached and made a part hereof as Exhibit "A".
NOW, THEREFORE, the City Council of the City of Cypress, California,
DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
Section 1. That a special bond election was duly called and
regularly held in said City on the 9th day of April, 1968, at which
election there was submitted to the qualified voters of said City
the following~ proposition, to-wit:
Shall the City of Cypress incur a bonded
indebtedness in the principal sum of $900,000.00
for the acquisition and construction by said City
of a certain municipal improvement, to wit: Storm
drains, together with appurtenances and appurtenant
works, and other works, property or structures
necessary or convenient for the foregoing, and all
expenses indicental to or connected with the
authorization, issuance and sale of the bonds?
Section 2. That the votes of more than two-thirds of all the
voters voting at said election upon said bond proposition were cast
in favor of the adoption of said bond proposition, and said bond
proposition is hereby declared to have passed.
Section 3. That the City Clerk of this City is hereby directed to
enter this Resolution in full in the minutes of this City Council, which
entry shall constitute the City Clerk's statement of the result of the
election.
PASSED AND ADOPTED by the City Council of the City of Cypress, at
a regular meeting held on the __day of , 1968.
ATTEST:
CITY CL~EI~J~ OF T~E dlTY OF CYPRESS
i Yoh oF THE CITY' OF CYP
April 16, 1968
April 16, 1968
April 16, 1968
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Kanel, McCarney, Noe, and Harvey
None
None
It was moved by Councilman Noe, seconded by Councilman Kanel and
unanimously carried to request the City Manager to direct a letter
to all those persons who participated on the citizens committee for
passage of the storm drain bonds, expressing the Council's appre-
ciation for their time and effort.
INSTALLATION OF NEWLY ELECTED COUNCILMEN AND REORGANIZATION OF CITY COUNCIL:
At this time the City Clerk presented newly-elected Councilmen John Kanel
and Delno G. Kanode with Certificates of Election as members of the City
Council and administered the oaths of office to each of them.
Former Councilman McCarney then indicated that he had enjoyed being a
member of the Council and wished the Council luck in their future
deliberations.
Newly-elected Councilmen Kanel and Kanode expressed their appreciation
to all those persons who supported them and indicated that they would
do their best in representing t~ citizens of Cypress.
Mayor Harvey them turned the gavel over to City Clerk Darrell Essex to
preside over the selection of Mayor.
It was moved by Councilman Kanel that Councilman Bowen be nominated for
the position of Mayor.
It was moved by Councilman Harvey that Councilman Kanode be nominated
for the position of Mayor.
It was moved by Councilman Noe, seconded by Councilman Harvey and
unanimously carried that nominations be closed.
The City Clerk indicated that the election could be held either by
secret ballot or by the voting machine system.
Councilman Kanode then indicated that since he is newly-elected to the
Council, he did not feel it appropriate for him to!run for the position
of Mayor and respectfully withdrew his name from the Council's consideration.
It was then moved by Councilman Kanel and seconded by Councilman Noe that
a unanimous ballot be cast for Councilman Bowen for the position of Mayor.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Kanode, and Noe
None
None
The City Clerk then turned the gavel over to Mayor Bowen, who co~ended
Councilman Harvey for his performance during the past year as Mayor and
thanked the Council for having elected him to this office.
Mayor Bowen stated that since he is in favor of yearly rotation of the
office of Mayor, he will resign from this office at the second Council
meeting in April of 1969.
Mayor Bowen then announced that nominations were open for the position of
Mayor Pro-tem.
It was moved by Councilman Harvey that Councilman Kanode be nominated for
the office of Mayor Pro-tem.
April 16, 1968
Councilman Noe stated that inasmuch as Councilman Kanel had served on
the Council since 1964 and had never been elected to an office for that
body, and further since he had received the majority of the votes in the
recent election, he felt it would be appropriate to place his name in
nomination for the position of Mayor Pro-tem.
Councilman Harvey then indicated that even though Councilman Kanode was
newly elected to the Council, he felt he would perform effectively as
Mayor Pro-tem.
RECESS:
Mayor Bowen declared a recess at 8:49 p.m. The meeting was called back
to order at 8:50 p.m., all City Councilmen being present.
Mayor Bowen then nominated Councilman Noe to the position of Mayor Pro-tem.
Councilman Noe declined the nomination.
It was moved by Councilman Harvey, seconded by Councilman Noe, and
unanimously carried that nominations for the office of Mayor Pro-tem
be closed.
The City Council held discussion regarding the method to be used in
voting for the position of Mayor Pro-tem.
Mr, Richard Parker, 4662 Ashbury Aven~e, Cypress, addressed the Council
requesting that they conduct an open vote for the Mayor Pro-tem position.
Following further discussion, the City Council unanimously agreed that
the voting for Mayor Pro-tem be by open ballot.
In response to a question from the Council, Deputy City Attorney Len Hampel
advised that in using the voting machine system, only "aye" votes should
be recorded; it is not necessary to enter "no" votes on the record.
The following vote was then taken on Councilman Harvey's nomination of
Councilman Kanode for the position of Mayor Pro-tem:
AYES: 3 COUNCILMEN: Harvey, Kanode, and Bowen
Councilman Kanel then requested that his name be withdrawn from
consideration as Mayor Pro-tem.
CONSIDERATION OF CITY COUNCIL APPOINTMENTS: The City Manager presented
a report dated April 16, 1968, outlining the various committees and
organizations on which the Council is represented. He further indicated
that the only position on which an immediate appointment should be considered
is the City Audit Committee since this committee will be meeting prior to
the next regular meeting of the City Council.
Councilman Harvey indicated that he would place his name in consideration
for appointment as alternate to the Orange County Sanitation District.
FolloWing general discussion, it was agreed that appointments should be
continued until the next mgular meeting of the City Council.
Mayor Bowen then indicated that he would wish to act as Council representa-
tive to the City Audit Committee.
General discussion ensued as to the advisability of the Mayor serving as
a member of the Audit Committee inasmuch as he is required to sign the
commercial warrant list. Deputy City Attorney Len Hampel indicated that
he would investigate this matter.
April 16, 1968
CONSIDERATION OF ADOPTION OF UNIFORM BUILDING AND PLUMBING CODES: The
City Manager presented a report dated April 16, 1968, advising that
since the Government Code requires fourteen days between the time of
the first publication of a Public Hearing notice and the conduct of
the Public Hearing on adoption of Uniform Building and Plumbing Codes
by reference there had not been sufficient time between the Council's
authorization to advertise at its April 8th meeting and April 22 which
was the meeting date scheduled for Public Hearing. The report further
indicated that it would be necessary to adopt new Resolutions esta-
blishing the time and place for the Public Hearing on the Building
and Plumbing Codes for May 27, 1968, which will allow sufficient time
for meeting the publication requirement.
It was moved by Councilman Noe and seconded by Councilman Kanel to adopt
the following Resolution, title as follows:
RESOLUTION NO. 863
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:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
It was moved by Councilman Kanel and seconded by Councilman Noe to adopt
the following Resolution, title as follows:
RESOLUTION NO. 864
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:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
CONSIDERATION OF REQUESTS FOR PROCLAMATIONS: The City Manager presented
a communication dated April 8, 1968, from Mr. Richard C. Gruettner,
Commander of the American Legion Cypress Post 295 requesting the Mayor
and Council to proclaim the week of April 20 through April 26, 1968, as
"Law and Order Week" in the City of Cypress; and a communication from
Orange County Health Officer John R. Philp, M. D. requesting the Mayor
and Council to proclaim the week of April 14 through April 20, 1968, as
"Environmental Health Week" in the City of Cypress.
It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously
carried to authorize the Mayor to proclaim the week of April 20 through
April 26, 1968, as "Law and Order Week" in the City of Cypress; and the
week of April 14 through April 20, 1968, as "Environmental Health Week"
in the City of Cypress, following which Mayor Bowen did so proclaim.
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 18788 THROUGH
18850: It was moved by Councilman Noe and seconded by Councilman Kanel
to approve the Commercial Warrant List for Warrants No. 18788 through
18850 in the amount of $1,477.00. The motion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
April 16, 1968
ORAL COMMUNICATIONS:
The City Manager announced that the Council had received invitations to
attend various functions, including opening day ceremonies for the
Federal Little League to be held Saturday, April 27, 1968, at the park
located on Graham Street; and the Police Awards Banquet to be held
April 26, 1968, at the Retail Clerks Auditorium in Buena Park.
The City Manager further advised that with the recent election, three
seats have been vacated on the Local Agency Formation Commission and the
Orange County League of California Cities will hold elections for these
vacancies at its next regular meeting to be held April 25, 1968.
The City Manager advised that the City Council has received a letter from
Mayor Paul Gruber of the City of Newport Beach advising that he is a
candidate for election to one of these vacancies.
Councilman Kanel advised that the Mayor would be receiving an invitation
to attend the opening of the Pony Colt League to be held April 20, 1968.
Mayor Bowen reported that the Orange County Division of the League of
Cities voted at its last Executive Meeting to inform the County Board
of Supervisors and Assemblyman Briggs that the League favors dissolution
of the Orange County Harbor District, with the District to be included
as a Department of the County.
Mayor Bowen further announced that Mayor Pro-tem Kanode had recently been
selected as the Orange County Division of the League of California Cities'
alternate delegate to the Southern California Association of Governments.
Councilman Nee indicated that inasmuch as Councilman Kanel had withdrawn
his name from nomination to the office of Mayor Pro-tem he would wish the
vote for Mayor Pro-tem Kanode to be a unanimous vote.
It was moved by Councilman Nee, seconded by Councilman Harvey and
unanimously carried to place this item on the agenda for consideration
at this time.
It was moved by Councilman Nee and seconded by Councilman Harvey that
the Council cast a unanimous ballot for the election of Councilman Kanode
to the office of Mayor Pro-tem. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Nee, and Bewen
Councilmen Kanode and Harvey indicated that they had received numerous
favorable comments from other municipalities regarding the Cypress Police
Department.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Nee, seconded by Councilman Kanel and unanimously
carried to adjourn the meeting at 8:16 p.m.
ATTEST:
CITY et~f'd~Tn~'cxrfoF
CYPRESS
MAYOR OF THE CITY OF CYPRESS
April 16, 1968