Minutes 68-04-22332
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 22, 1968
The regular meetinf of the Cypress City Council was called to order
at 4:00 p.m. on Monday, April 22, 1968, in the City Council Chamber,
5275 Orange Avenue, Cypress, Mayor Richard L. Bowen presiding.
PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen
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 Noe, seconded by Councilman Kanel and
unanimously carried to approve the Minutes of April 8, 1968, as mailed.
General discussion ensued concerning the proposed Budget calendar and it
was agreed that the budget sessions with the Council should be scheduled
on June 11, 12, and 14 at 4:00 p.m., and on June 15 and 16 all day.
Following general discussion on the provisions of the Brown Act,it was
agreed that the joint meeting between the City Council and Planning
Commission would be held on Thursday, May 16, 1968, at 4:00 p.m., to
be followed by dinner.
It was then agreed that the quarterly joint meeting between the City
Council and Cypress Chamber of Corfanerce Board of Di rectors would be
held on Monday, May 13, 1968, at 4:00 p.m.
The City Manager advised that an analysis was being made of the functions
of the Cypress County Water District which is proposed to be presented
at the Council meeting of May 13, 1968, and indicated that in order to
avoid any misunderstanding of this report or of any subsequent City
Council action in reference to the Cypress County Water District, it
may be desirable for the Council to request a joint meeting with the
Board of Directors of the Cypress County Water District to explore the
status of the District as it relates to the City.
Following general discussion, it was agreed that the City Manager should
contact the Board of Directors of the Cypress County Water District and
advise them of the study which is underway regarding the special districts
and to further indicate the Council's desire to meet jointly with the
Board of Directors at their earliest convenience to discuss this study.
It was moved by Councilman Kanel, seconded by Councilman Noe and
unanimously carried to consider City Council committee appointments
during the afternoon session of the City Council meeting.
CIT~f COUNCIL APPOINTMENTS: The City Manager presented a report dated
April 16, 1968, reviewing the following committees and districts on
which the City of Cypress has representation.
1. Orange County Sanitation District
In accordance with the State Health and Safety Code, the Mayor of
each City is the official representative on the Sanitation District;
however, a Council member shall be ~ppointed to act as an alternate.
Upon the consent of the City Council, Mayor Bowen appointed Councilman
Robert C. Harvey as the Alternate on the Orange County Sanitation
District Board of Directors.
April 22, 1968
, 33
2. Orange County Mosquito Abatement District
Upon consent of the City Council, Mayor Bowen appointed Councilman John
Kanel as Representative to the Orange County Mosquito Abatement District.
3. Orange County League of Cities (Representative)
Councilman Harvey introduced discussion as to the possibility of the City
Council's appointment of a representative to the League being for a
period of two to three years in order to allow a representative to become
more familiar with the deliberations of the League.
Mayor Bowen appointed Councilman Delno G. Kanode as Council representative
to the Orange County League of Cities, following which it was moved by
Councilman Noe, seconded by Councilman Kanel and unanimously carried to
concur in this appointment.
4. Cypress Park and Recreation District Advisory Board
The City Manager advised that this appointment would not be effective
until the first Board meeting in July; the current representative would
serve until that time.
Councilman Harvey having indicated an interest in serving on the Cypress
Park and Recreation Advisory Board, Mayor Bowen appointed him as the
Council representative on this Board for the 1968-69 year following which
it was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried to concur in this appointment, which will be
effective as of July, 1968.
It was further agreed that the City Manager advise the Planning Commission
of this appointment and request that they consider the appointment of
an alternate representative to the Advisory Board.
5. City Audit Committee
Mayor Bowen indicated that since he is Mayor and is required to sign the
Commercial Warrant List after approval by the Audit Committee, he would
prefer not to serve on this committee.
Mayor Bowen then appointed Councilmen Frank P. Noe and Delno G. Kanode as
the Council's representatives on the City Audit Committee, following which
it was moved by Councilman Kanel, seconded by Mayor Bowen and unanimously
carried to concur'in these appointments.
6. Transportation Association of Southern California
Mayor Bowen appointed Councilman Robert C. Harvey as the Council~s
representative to the Transportation Association of Southern California,
following which it was moved by Councilman Noe, seconded by Councilman
Kanode and unanimously carried to concur in this appointment.
7. Cypress Fly Abatement Board
Following brief discussion, it was moved by Councilman Noe, seconded by
Councilman Kanode and unanimously carried to reqppoint Councilman John
Kanel as the City Council's representative on the City Fly Abatement
Board.
8. Southern California Association of Governments General Assembly
Mayor Bowen indicated he would serve as t~e City's representative, with
Councilman Delno G. Kanode as the Alternate, on the SoUthern California
Association of Governments General Assembly, following which it was moved
by Councilman Kanel, seconded by Councilman Noe and unanimously carried
to concur in these appointments.
April 22, 1968
334
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried to place consideration of a commendation for
former Councilman McCarney on the agenda for consideration at this
time.
It was then moved by Councilman Harvey and seconded by Councilman Noe
to pressnt a conmunity service plaque and resolution of commendation
to Councilman McCarney at the City Council meeting of May 13, 1968.
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 Noe, seconded by Councilman Kanode and
unanimously carried to place consideration of commendation for
Councilman Harvey for his service as Mayor on the agenda for consi-
deration at this time.
It was then moved by Councilman Noe and seconded by Councilman Kanode
to authorize the purchase of an appropriate mom~nto to be presented
to Councilman Harvey for his service as Mayor. The motion was carried
by the following roll call vote:
AYES: 4 COUNCILMEN: Kanel, Kanode, Noe, and Bowen
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED: 1 COUNCILMEN: Harvey
The City Manager advised that the State Division of Highways Engineer
has recommended approval of the Orange Route for the proposed
Huntington Beach Freeway and indicated that this Rou~e had been voted
the least desirable route by the City Council due to both the cost and
extent of relocation of persons within the area of the Orange Route
and the effect this alignment will have on the proposed alternate routes
to the north of this first portion of the Freeway.
It was moved by Councilman Noe, seconded by Councilman Harvey and
unanimously carried to place this matter on the agenda for consideration
at this time.
It was then moved by Councilman Noe, seconded by Councilman Harvey and
unanimously carried to instruct the City Manager to reaffirm the City
Council's position in favor of the Red Route for the Huntington Beach
Freeway to the State Division of Highways and to request that this
information be transmitted to the State Highway Conu~ission.
Following further discussion, it was moved by Councilman Harvey and
seconded by Councilman Noe to authorize a member of the City Staff to
attend the Public Hea~ing before the State Highway Cor~nission on this
Freeway to be held on May 21, 1968, in Napa, California; and to further
authorize reimbursement for his actual and necessary expenses. 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
The City Manager advised the Council of a communication which has been
received from the League of California Cities urging opposition to
Assembly Bill 202 relating to the Ralph M. Brown Act which is scheduled
to be presented before the Senate Committee on Governmental Efficiency
on May 15, 1968. The communication indicated that this legislation as
drafted would hamper the effective operation of the City Staff, as well
as community organizations which receive financial assistance from the
City for promotional activities within the community.
April 22, 1968
.235
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried to place this matter on the agenda for consideration
at this time.
After a reading of the entire Bill, the City Manager and City Attorney
outlined the problems which this amendment would present to the conduct
of staff meetings and the conduct of meetings held by community
organizations receiving financial assistance from the City.
It was moved by Councilman Harvey and seconded by Councilman Kanel to
instruct the City Manager to notify the proper legislative representative
that the City Council is opposed to Assembly Bill 202 and to request
their support in opposition to this Bill as presently drafted.
Following discussion, the motion was unanimously carried by the fol~ewing
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
EXECUTIVE SESSION:
Upon the request of the City Attorney, it was moved by Councilman Harvey,
seconded by Councilman Noe and unanimously carried to go into executive
session at 5:25 p.m. for the purpose of discussing litigation. The
meeting was called back to order at 5:59 p.m., all City Councilmen
being present.
RECESS:
It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously
carried to recess at 6:00 p.m. until 7:30 p.m. that evening.
CALL TO ORDER:
The Mayor called the meeting back to order at 7:30 p.m. with the following
in attendance:
PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney
James E. Erickson, Deputy City Attorney Len Han~el, Administrative Assistant
Gene Poertner, Public Works Director Art Schatzeder, Finance Director Jim
Grissom, Police Chief George Savord, Planning Director George Putnam and
Building Superintendent Tom Nudson.
AWARD OF CONTRACT RE: CONSTRUCTION OF 2-A STORM DRAIN FROM GRINDLAY TO
WALKER STREET: The City Manager presented a report dated April 17,
1968, from the Public Works Director reviewing the results of a bid
opending conducted on April 15, 1968, at 10:00 a.mo in the office of the
City Clerk for construction of the 2-A Storm Drain from Grindlay to Walker
Street. Themport indicated that of six bids received for this project,
United States Pipeline Cormpany, Inc. 15236 Burbank Boulevard, Suite #206,
Van Nuys, California, had submitted the lowest and best bid in the amount
of $99,084.50, which is approximately 2.8% above the Engineer's estimate
for the Project.
It was moved by Councilman Harvey and seconded by Councilman Noe to
determine that the lowest and best bid was submitted by United States
Pipeline Company, Inc. for construction of the 2-A Storm Drain from
Grindlay to Walker Street and that the contract be awarded to United
States Pipeline Company, Inc., 15236 Burbank Boulevard, Van Nuys, Califor-
nia, as per their proposal dated April 15, 1968, in the amount of $99,084.50.
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 22, 1968
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
Since Item No. 2 was a Public Hearing scheduled for 8:00 p.m. , it was
moved by Councilman Harvey, 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 ORANGE COUNTY FLOOD CONTROL DISTRICT RE: JONATHAN STORM
CHANNEL: The City Manager reviewed a communication dated March 15, 1968,
from C. R. Nelson, Division Engineer of the Orange County Flood Control
District, which indicates that the improvement of the Jonathan Storm
Channel in the City of Cypress has been included in the Flood Control
District's 1968-69 budget; and requests confirmation from the City of
Cypress that the City would be willing to participate in the cost of
this project by acquiring the required rights of way for the improvement of
the Jonathan Storm Channel. The proposed storm drain project, which is
estimated to cost $170,000 would include a trapezoidal earthen channel
beginning at Valley View Street and extending along the northerly side of
the Southern Pacific Railroad to Tract No. 4966, at which point the channel
would consist of a vertical-walled reinforced concrete channel terminating
in Knott Street.
The City Manager advised that with the passage of the City storm drain
bond issue, the City now has sufficient funds to guarantee the acquisition
of the required rights of way and, therefore, is in a position to indicate
its ability to participate in this project.
In response to a question from Councilman Kanel, the Public Works
Director stated that construction on this project is proposed to commence
after August and it is anticipated that it will be cor~Dleted prior to the
rainy season. He further advised that the contractor would be required
to handle any storm waters which may occur during construction of the
project.
It was moved by Councilman Noe and seconded by Councilman Kanode to
authorize the Staff to advise the Orange County Flood Control District
that the City of Cypress will proceed with the acquisition of necessary
rights of way for the improvement of the Jonathan Storm Channel, upon
receipt of the plans from the Flood Control District outlining the
requirements for right of way acquisition.
Councilman Harvey stated that without the cooperation of the many
citizens who supported the passage of the drainage bonds in the
April 9, 1968, election, the City would not have been in a position
to participate in this project.
Councilman Noe's motion was then 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
COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: TENTH BIENNIAL
INSTITUTE FOR MAYORS AND COUNCILMEN: The City Manager presented a
communication dated March 25, 1968, from Howard Gardner, Associate
Director of the League of California Cities, advising that the Tenth
Biennial Institute for Mayors and Councilmen, as sponsored by the
League, will be held May 19 through May 21, 1968, in Anaheim. The
purpose of the Institute which is scheduled every two years following
general municipal elections, is to provide basic information about the
organization and adminis~ation of cities.
It was moved by Councilman Harvey and seconded by Councilman Noe to
authorize all members of the City Council who wish to attend this
Institute to be reimbursed for their actual and necessary expenses.
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 22, 1968
337
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: ON-SALE BEER
AND WINE LICENSE FOR PIZZA PALACE RESTAURANT (ORION-WESTERN CORPORATION):
The City Manager reviewed an application dated March 29, 1968, from the
Alcoholic Beverage Control Board giving notification of a new on-sale
beer and wine license for the Pizza Palace Restaurant, 9919 Walker Street,
Cypress, as requested by Orion-Western Corporation. The Police Department
upon completion of an investigation of this application has found no
legal basis to protest this application.
In response to a question from Councilman Kanode, the City Manager advised
that the Pizza Palace would be located in the new shopping center at Ball
Road and Walker Street.
It was moved by Councilman Kanode, seconded by Councilman Noe and
unanimously carried this application be received and filed.
COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: GUIDELINES FOR CHANGES
IN STATE HIGHWAY SYSTEM: The City Manager reviewed a corfanunication
dated April 2, 1968, from H. Ayanian, District Engineer of District VII
of the State Division of Highways transmitting a copy of the Guidelines
for future consideration of future additions to and deletions from the
State Highway System and requesting the City's cooperation in preparation
of a report by the Division of Highways which is required to be presented
to the 1969 Legislature in reference to additions to or deletions from
the State Highway System.
It was moved by Councilman Noe, seconded by Councilman Kanel and
unanimously carried this communication be received and filed.
COMMUNICATION FROM CITY OF COSTA MESA RE: ASSEMBLY BILL 1014 (SADDLEBACK
JUNIOR COLLEGE DISTRICT): The City Manager presented a communication
dated April 2, 1968, from the City of Costa Mesa transmitting a copy of
a resolution of that City urging support for Assembly Bill 1014, which
authorizes Saddleback Junior College District to enter into an agreement
with existing Junior College Districts for the education of students they
cannot accomodate and agreeing to pay, in addition to the average cost of
current operation, $300 per average daily attendance for rent of facilities
and equipment for students attending Junior College facilities outside of
the District.
The City Manager advised that in discussing this matter with Dr. Walker
of the Cypress Junior College, it would appear that due to the location
of Saddleback Junior College District, few of these students will be
attending any of the Junior Colleges within the North Orange County
Junior College District. The City Manager further advised that the
Board of Directors of the North Orange County Junior College District
has taken no action on this matter.
It was moved by Councilman Kanel and seconded by Councilman Kanode, this
communication be received and filed.
Following discussion regarding the effect of this matter on the City of
Cypress, Councilman Kanel's motion was unanimously carried.
COMMUNICATION FROM STATE DIVISION OF HIGHWAYS RE: PUBLIC HEARING RECORD
ON DEVELOPMENT OF ROUTE 39 IN ORANGE COUNTY: The City Manager reviewed
a communication dated April 4, 1968, from T. R. Lammers, Deputy District
Engineer of District VII of the State Division of Highways transmitting
a copy of the record of the Division of Highways; First Public Hearing
held on June 22, 1967, and a copy of the record of Division of Highways;
second Public Hearing held December 1, 1967, regarding freeway development
of Route 39 in Orange County between Route 1 Freeway and Lampson Avenue.
These records will be kept on file in the office of the City Clerk.
Upon the request of Mayor Bowen, the City Manager reviewed the action
taken by the City Council during the afternoon session of the Council
meeting in reaffirming its position in favor of the Red Route of the
proposed freeway.
It was moved by Councilman Kanode, seconded by Councilman Noe and
unanimously carried this communication be received and filed.
April 22, 1968
COMMUNICATION FROM STATE CONTROLLER RE: ADVANCE APPORTIONMENT OF
VEHICLE LICENSE FEES FOR 1967-68 FISCAL YEAR: The City Manager
reviewed a communication dated April 5, 1968, from the office of the
State Controller transmitting a report of the advance apportionment of
vehicle license fee revenues for the 1967-68 fiscal year. The report
indicates that the City of Cypress will receive $89,387.23, which re-
presents an advance payment of 75 percent of the City's share of vehicle
license fees for the period ending May 31, 1968.
It was moved by Councilman Noe, seconded by Councilman Kanel and
unanimously carried, this communication be received and filed.
COMMUNICATION FROM MAYOR OF NEWPORT BEACH RE: VACANCIES ON ORANGE COUNTY
LOCAL AGENCY FORMATION COMMISSION: The City Manager presented a
communication dated April 15, 1968, from Mayor Paul J. Gruber of Newport
Beach requesting the City Council's support of his candidacy for the
position of member of the Orange County Local Agency Formation Commission
which will be voted upon at the Orange County League of Cities meeting
to be held on April 25th at the Mesa Verde Country Club in Costa Mesa.
Mayor Bowen indicated that he had received a communication from the City
of Brea advising of their Mayor's candidacy for a position on the Local
Agency Formation Commission.
Councilman Kanel then indicated that if Councilman Noe has no objection,
he would wish to nominate him as a candidate for one of the vacancies on
the Local Agency Formation Commission.
Since it was 8:00 p.m., the Mayor indicated that this matter would be
continued until after the Public Hearing.
PUBLIC HEARING RE: ZONE CHANGE NO. Z-167 (K.E. JOHNSON): 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 generally located north of the
northwest corner of Moody Street and Orange Avenue, known as 9441 and
9451 Moody Street, from R-1 (One-family Residential) to C-1 (Neighborhood
Stores), requested by Eugene E. and Lillie A. Wadkins, 9441 Moody Street,
Cypress, and William T. and Arliss M. Rsgers, 9451 Moody Street, Cypress,
by K. E. Johnson, 8151 Orangethorpe Avenue, Buena Park, California, known
as Zone Change No. Z-167. The Mayor declared the Public Hearing open and
requested the Staff to present its reports.
The City Manager presented a report dated April 18, 1968, indicating that
the affidavits of po~ting, publication and mailing of the Public Hearing
notices on this zone change are on file in the office of the City Clerk
and no written commanncations have been received.
The Planning Director reviewed the action taken by the Planning Commission
in its recommendation of approval of this zone change and indicated that
the Planning Commission had determined that the proposed C-1 zoning would
be the most compatible zoning for the area since it would conform to the
zoning of the adjacent property.
The Mayor asked if anyone in the audience wished to speak in favor of the
proposed change of zone.
Mr. Preston Allen, representing Johnny Johnson Realty, 8151 Orangethorpe
Avenue, Buena Park, addressed the Council requesting their favorable
consideration of this zone change and indicating that an animal hospital
is proposed to be located in the area of the zone change.
Mr. Eugene Wadkins, 9441 Moody Street, Cypress, addressed the Council,
speaking in favor of the change of zone and relating the difficulties
which have been encountered by the property owners in reaching an
agreement as to the zoning and development of the property.
April 22, 1968
Mr. Warren Bodwell, 4931 Orange Avenue, Cypress, addressed the Council
as an adjacent property owner indicating that he felt this change of
zone would increase the value of his property.
In response to a question from Councilman Harvey, the Planning Director
reviewed the action of the Planning Commission in a previous request
which had been received to change the zone of the property to a C-1
use and indicated that the Staff had prepared a feasibility study for
the area which proposed either development of the entire area as a
commercial use or development of the frontage on Moody as commercial
with the remainder to be developed residential.
In response to an inquiry from Councilman Harvey, the Planning Director
advised that some of the property owners had indicated a preference for
an apartment development on this property.
Councilman Harvey expressed concern over the possibility of a neighborhood
store being located on this property upon rezoning since he felt there was
insufficient frontage to insure successful development of such a use.
In response to a question from Mayor Bowen, the Planning Director advised
that the Planning Commission had requested the Staff to report on the
possibility and validity of the City requiring conditional use permits
for construction of neighborhood markets in C-1 zones.
In answer to an inquiry from Councilman Harvey, the City Attorney advised
that the provisions for requiring a precise plan for development of a
property proposed for rezoning are contained in the individual cities'
zoning ordinances. He further advised that the City of Cypress zoning
ordinance only provides for precise plans for changes of zone to Planned
Cor~nercial, Planned Development and Planned Manufacturing uses.
General discussion ensued as to whether a neighborhood store development
would be successful in this area if proposed, and it was mentioned that
such a store could presently be located in the adjoining area which is
already zoned for C-1 use.
Mr. Bodwell and Mr. Wadkins again addressed the Council requesting their
favorable consideration.
There being no written communications and no oral protests, the Mayor
declared the Public Hearing closed.
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.
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 R-1
(ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES),
ZONE CHANGE NO. Z-167
It was moved by Councilman Kanel and seconded by Councilman Noe to approve
the first reading of this Ordinance.
In response to a question from Councilman Harvey, the Planning Director
indicated that although the proposed zone would not be the best use of
the property, it was felt that this would be a solution to the problems
which have been encountered in acquiring total agreement among the
property owners as to the most desirable development of their properties.
The Planning Director further ~vised that there would be a ten-foot
side yard setback which would serve as a buffer zone between the resi-
dential and commercial development.
April 22, 1968
340
Councilman Kanel's motion was then 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
In response to a question from Mayor Bowen, the City Attorney advised
that questions directed to members of the Staff by the Council members
should be received as a part of the Public Hearing.
Councilman Harvey then stated that through his experience of working
with City Councils from other cities, he feels the procedures followed
by the Cypress City Council are among the finest in Southern California.
CONTINUATION OF CONSIDERATION OF NOMINATING REPRESENTATIVE TO LOCAL
AGENCY FORMATION COMMISSION: Discussion resumed as to whether Councilman
Noe would accept the Council's nomination of him as a candidate for one
of the vacancies on the Local Agency Formation Cormnission.
Following general discussion, it was moved by Councilman Kanel, seconded
by Councilman Kanode and unanimously carried to instruct the Council's
representative to the Orange County League of California Cities to
nominate Councilman Frank P. Noe as a candidate to one of the positions
which are currently vacant on the Orange County Local Agency Formation
Commission; and to further instruct the City Manager to prepare a
statement of qualifications of Councilman Noe to be transmitted to the
City Managers of all Orange County Cities for distribution to the
individual cities' representatives to the League of Cities.
It was then moved by Councilman Kanode, seconded by Councilman Kanel and
unanimously carried, the communications from the Mayor of Newport Beach
and from the City of Brea concerning the Local Agency Formation Commission
positions be received and filed.
COMMUNICATION FROM DIEHL, EVANS AND COMPANY RE: AMENDMENT TO AUDIT AGREEMENT:
The City Manager reviewed a communication dated April 15, 1968, from
Mr. D. E. Callahan on behalf of Diehi, Evans and Company, the City
Auditors, requesting an amendment to the existing audit agreement to
establish a maximum fee for auditing services to the City at $1,100, as
compared to the current maximum fee of $900; and to further amend the
agreement to increase the per diem basis for auditing services.
The City Manager indicated that in a review of the proposed audit agreement
with the Finance Director, it appeared that the request for rate increases
is justified due to the increases in financial activities within the City.
Following discussion, it was moved by Councilman Harvey and seconded by
Councilman Kanode to approve the amendment to the agreement for audit
services between the City and Diehi, Evans and Company and authorize
the Mayor to sign and the City Clerk to attest the agreement. The motion
was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kanel, Kanode, Poe, and Bowen
None
None
COMMUNICATION FROM TRANSPORTATION ASSOCIATION OF SOUTHERN CALIFORNIA
AMENDMENT TO AGREEMENT AND BYLAWS OF TASC: The City Manager presented
a communication from Ernani Bernardi, President of the Transportation
Association of Southern California transmitting a copy of a resolution
amending the agreement and bylaws of the Transportation Association of
Southern California to enlarge the boundaries of TASC by including
Imperial County and the remaining portions of San Bernardino and Riverside
Counties which were not included in the original agreement.
April 22, 1968
341
The City Manager then advised that the Transportation Association of
Southern California was originally established as a standing transportation
committee of the Southern California Association of Governments and the
expansion under consideration is required in order that the transportation
cormmittee will encompass the same geographical area as the Southern
California Association of Governments. The expansion is also required to
provide a transportation policy committee to review for SCAG Federal
grant applications from any part of the SCAG region from cities or
counties for transportation projects.
It was moved by Councilman Harvey and seconded by Councilman Noe to adopt
the following Resolution, title as follows:
RESOLUTION NO. 865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE AMENDMENT TO THE AGREEMENT AND BYLAWS
OF THE TRANSPORTATION ASSOCIATION OF SOUTHERN CALIFORNIA
TO INCLUDE REMAINING PORTIONS OF SAN BERNARDINO AND
RIVERSIDE COUNTIES AS WELL AS IMPERIAL COUNTY.
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
RECESS:
The Mayor declared a five-minute recess at 8:47 p.m. The meeting was
called back to order at 8:52 p.m., all City Councilmen being present.
CONTINUATION OF 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 help finance the Southern California Regional Airport System
Study and Plan. Consideration of this communication had been continued
at the Council meeting of April 8, 1968, to allow the City Staff
additional time to obtain further information concerning Assembly Bill 1166.
The City Manager advised that the League of California Cities' office
advised that they would not take any position on this matter since it
concerns only Southern California.
In answer to a question from Councilman Harvey, the City Manager stated
that the subject Bill is concerned with the financing of the Southern
California Airport Regional Plan and would include a study estimated
to cost $700,000.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried to instruct the City Manager to contact Mr. Mikesell,
of the Southern California Association of Governments, and request
further evidence in support of this measure for presentation to the
City Council at its meeting of May 13, 1968.
CONSIDERATION OF CARPETING OF THE COMMUNITY MEETING ROOM: The City
Manager presented a report dated April 18, 1968, reviewing a quotation
for carpeting of the community meeting room which had been received from
Earl Givens Carpet Company for both Ozite and nylon carpeting in which
Mr. Givens urged the use of the nylon carpeting since the installation
of the Ozite type of carpeting would require removal of the existing tile
in the community room prior to installation. The report also reviewed
several factors which could present maintenance problems in the event
carpeting was to be installed in this room, including frequent rearrange-
ment of furniture and overturned ashtrays. In addition, several of the
April 22, 1968
organizations utilizing the cormnunity meeting room serve food and coffee
as part of their meetings, which could result in staining and soiling
of the carpeting.
In response to a question from Councilman Harvey, the City Manager
advised that the community meeting room is used approximately three
nights per week by various community organizations.
Discussion was introduced by Councilman Kanel as to the possibility of
screening in the area beneath the City Council Chambers to allow this
area to be utilized by community organizations during the summer months.
Following discussion, it was moved by Councilman Harvey and seconded by
Councilman Noe to reject the bid of Earl Givens Carpet Company, 5021 Ball
Road, Cypress, and to withhold any further action regarding this matter
until a later date. 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 APPROVAL OF FINAL TRACT MAP NO. 6215 (LARWIN COMPANY):
The City Manager presented a report dated April 17, 1968, from the Public
Works Director recommending approval of Final Tract Map No. 6215, located
north of Ball Road midway between Denni and Bloomfield Street, consisting
of 3.366 acres, 20 R-1 lots, as requested by Larwin Company, 9300 Wilshire
Boulevard, Beverly Hills, California, subject to the completion of certain
requirements. The report also indicated that the Final Tract Map has been
checked by the Engineering Division and found to be technically correct
and substantially in conformance with the fourth revised tentative tract
as presented to the City Council on February 19, 1968.
In response to a question from Mayor Bowen, the City Manager advised
that the lots in the subject Tract have been located so as to conform to
the desires of prospective property owners who objected to the previous
layout of the lots which were adjacent to the Tanglewood development.
It was moved by Councilman Harvey and seconded by Councilman Kanel to
approve Final Tract Map No. 6215, accept the bonds and agreements for
public irf~rovements in the amount of $35,400, which is not less than 50% and
not more than 100% of the total improvements; authorize the Mayor and City
Clerk to sign the agreements and authorize the City Clerk to sign the
record map upon completion of the following requirements:
1. Completion of corrections required on the improvement plans.
2. Approval of bonds and agreements by the City Attorney.
3. Dedication of offsite easement for sewer construction.
Acceptance by the subdivider of the above requirements as
conditions of map approval.
In response to inquiries from Councilman Kanel and Mayor Bowen, the
Public Works Director presented a layout of the lots in Tract 6215
which are proposed to be located south of the alleys in the Tanglewood
development.
Councilman Harvey's motion was then 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 22, 1968
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION
TO ADVERTISE FOR BIDS AND CERTIFY RIGHT OF WAY--WALKER STREET FROM P.E.R.R.
TO BALL ROAD (PHASE II): The City Manager presented a report dated
April 17, 1968, from the Public Works Director advising that plans
and specifications for construction of Phase II of Walker Street from the
Pacific Electric Railroad to Ball Road have been finalized and required
right of way within the City's portion of the project has been acquired.
This phase of the project is estimated at $29,130.20 within the City limits,
with the City's share being $14,565.10.
In response to questions from Mayor Bowen, the Public Works Director
advised that Orange County has been conducting negotiations with Pacific
Electric Railroad for installation of a crossing protection device at the
P.E.R.R. tracks and paving on the west side of Walker Street north of the
tracks.
It was moved by Councilman Noe and seconded by Councilman Kanel to
approve the plans and specifications for this project; authorize the
Mayor to certify right of way for this project; and authorize the City
Clerk to advertise for bids with the bid date to be set at the time
approval ~ received from the Orange County Road Department. 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
CONSIDERATION OF APPROVAL OF 1968 STREET DEFICIENCY REPORT: The City
Manager presented a report dated April 18, 1968, reviewing the 1968
Street Deficiency Report which is to be transmitted to the State Division
of Highways prior to May 1, 1968, and which indicates that 22.1 miles of
street deficiencies at an estimated cost of $6,120,400 will exist by
June 30, 1978. These estimated deficiencies are slightly higher than
the $5,652,000 worth of deficiencies which were reported in 1964 which
is due primarily to the addition of storm drain deficiencies which are
now required to be reported as a part of the Street Deficiency Report.
Following general discussion as to the method of determining street
deficiencies, it was moved by Councilman Noe and seconded by Councilman
Kanode to approve the 1968 Street Deficiency Report and to authorize
the Public Works Director to transmit the Report to the State Division
of Highways. 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
CONSIDERATION OF UNDERGROUND TELEPHONE CONDUIT--ORANGE AND MOODY: The
City Manager presented a report dated April 18, 1968, reviewing discussions
which have been held with representatives of Pacific Telephone Company,
Cypress Elementary School District, and the City of Cypress relative to the
possibility of undergrounding telephone conduit on Orange between Moody
and Grindlay in conjunction with the school development on the northeast
corner of Orange and Moody as a cooperative project between these
three agencies. The major costs for these undergrounding operations will
be borne by the telephone company; however, the City and School District
will pay for the trenching and backfill on the north side of Orange
Avenue extending from a point near Grindlay Street to the West side of
Moody Street, with the City's share of the cost, which is estimated to
be $850, to be taken from the Reserve for Capital Improvements.
It was moved by Councilman Kanel and seconded by Councilman Noe to
authorize the Staff to proceed with the undergrounding of the telephone
conduit on the north side of Orange Avenue between Moody and Grindlay
Streets, as a cooperative project between the City, Cypress School
District, and Pacific Telephone Company, subject to the approval by the
April 22, 1968
344
Cypress Elementary School Board of Trustees; and to authorize the City's
share of this project in the amount of $850 to be taken from the Reserve
for Capital Irmprovements. 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 JOINT POWERS AGREEMENT BETWEEN CITY AND CYPRESS
ELEMENTARY SCHOOL DISTRICT RE: STREET IMPROVEMENTS AT DENNI AND ORANGE:
The City Manager presented a report dated April 18, 1968, reviewing
discussuons which have been held between the City of Cypress and Cypress
Elementary School District relative to entering into a joint powers
agreement for construction of street improvements in conjunction with
the development of the Arnold School Site located on the west side of
Denni Street north of Orange Avenue. This agreement would insure the
full street improvements on Denni Street at such time as the School
proceeds with the paving of the eight feet which is allowed by the State
in conjunction with school development. The report further indicated
that although it appears the street improvement project would not be
completed prior to the beginning of the 1968-69 fiscal year, the joint
powers agreement has already been approved by the School District and,
it would seem advisable to proceed with the approval of the joint
powers agreement at this time in order to avoid any delay in construction
of the project.
It was moved by Councilman Harvey and seconded by Councilman Noe to approve
the joint powers agreement between the City and the Cypress Elementary
School District for construction of certain street improvements on Denni
Street adjacent to the Arnold School Site; and authorize the Mayor to sign
and the City Clerk to attest the agreement. 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 AUTHORIZATION TO CHANGE STREET NAMES IN TRACT 6222 AND
TRACT 5374: The City Manager presented a report dated April 18, 1968,
advising that due to the similarity of several street names in new
subdivisions, the Staff has reviewed the street names as approved on the
final tract maps of Tracts No. 6222 and 5374 and has recommended several
name changes; and transmitting a proposed Resolution to effect these
name changes. The report further indicated that, in order to avoid
future conflicts with street names, a committee composed of the Planning
Director, Public Works Director and Building Superintendent has been
appointed to review all street names, following the approval of the
tentative tract map.
It was moved by Councilman Harvey and seconded by Councilman Kanode to
adopt the following Resolution, title as follows:
RESOLUTION NO. 866
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING NAMES OF CERTAIN STREETS TO BE CHANGED
WITHIN THE CITY OF CYPRESS
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 22, 1968
CONSIDERATION OF REQUEST TO ESTABLISH BUILDING AIDE CLASSIFICATION: The
City Manager presented a report dated April 18, 1968, indicating that
following the recent resignation of the Stenographer in the Building
Department, the Staff has reviewed the personnel needs of the Building
Department relative to this position and has determined that it would
be appropriate to recruit a person with experience in the field of
building or construction which would require amending the Position
Classification Plan to include the position of Building Aide.
Following a review by the City Manager of the reasons for requesting the
Building Aide classification, it was moved by Councilman Harvey and
seconded by Councilman Noe to adopt the following Resolution title as
follows:
RESOLUTION NO. 867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. 803 BY ADDING A CLASS SPECIFI-
CATION FOR BUILDING AIDE TO THE POSITION CLASSIFICATION
PLAN FOR EMPLOYEES IN THE COMPETITIVE SERVICE 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:
Harvey, Kanel, Kanode, Noe, and Bowen
None
CONSIDERATION OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 18851 THROUGH 18902:
Following discussion, it was moved by Councilman Harvey and seconded by
Councilman Noe to approve the Comanercial Warrant List for Warrants No.
18851 through 18902 in the amount of $44,444.68. 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
SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-166 (SECRETARY OF PLANNING
COMMISSION): It was moved by Councilman Noe, seconded by Councilman
Kanode and unanimously carried to read the following Ordinance by title
only, title as follows:
ORDINANCE NO. 373
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 adopt
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:
Harvey, Kanel, Kanode, Noe, and Bowen
None
None
ORAL COMMUNICATIONS:
Councilman Kanel indicated that Mr. Bruce Smith had indicated an interest
in serving on a citizens fire study committee if formed in the future.
The City Manager indicated that in the event the three-cities fire
study report is not approved by the Board of Supervisors, a citizens
committee will probably be formed and Mr. Smith will be contacted at that
time.
April 22, 1968
In response to a question from Councilman Kanel relative to the community
center area on Orange and Graham, the City Manager indicated that
development of this area would be considered in conjunction with
deliberations on the 1968-69 Budget.
EXECUTIVE SESSION:
Upon the request of the City Manager, it was moved by Councilman Nee,
seconded by Councilman Kanel and unanimously carried to go into
Executive Session at 9:45 p.m. for the purpose of discussing pending
litigation. The meeting was called back to order at 10:54 p.m.
ADJOURNMENT:
There being no further business to come before the Council, it was moved
by Councilman Harvey, seconded by Councilman Nee and unanimously carried
to adjourn the meeting at 10:55 p-m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CIT vC'L'E~K~bF ~E elTY
OF CYPRESS
April 22, lPQ8