Minutes 68-08-05MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
August 5, 1968
An adjourned regular meeting of the Cypress City Council was called to
order at 7:30 p.m. on Monday, August 5, 1968, in the City Council Chambers,
5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding.
PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen
ABSENT: None
Also present were Administrative Assistant Gene Poertner, Assistant City
Attorney Len Hampel, Deputy City Clerk Carol Flynn, Police Chief George
Savord, Finance Director Jim Grissom, Planning Director George Putnam,
Building Superintendent Tom Nudson, Public Works Director Arthur Schatzeder,
and Administrative Interns Conhie Cheney and Gary Kariker.
MINUTES:
Councilman Harvey stated that he would wish the Minutes of the meeting
of July 22, 1968, to reflect his statement concerning the fact that he
is a member of the Cypress Chamber of Commerce, but is not an officer
of that organization.
Councilman Noe indicated at this time that he is also a member of the
Cypress Chamber of Commerce, but is not an officer.
It was moved by Councilman Kanel, seconded by Councilman Noe and
unanimously carried to approve the Minutes of the meeting of July 22,
1968, subject to adding the following statement after paragraph 4 on
page 2:
"In reference to consideration of renewal of the contract with the
Cypress Chamber of Commerce which is scheduled for consideration
during the evening portion of the City Council meeting, Councilman
Harvey stated for the record that he is a member of the Cypress
Chamber of Commerce, but is not an officer of that organization."
AWARD OF CONTRACT FOR MAINTENANCE OF CIVIC CENTER AIR CONDITIONING AND
HEATING EQUIPMENT: The Administrative Assistant presented a report dated
August 5, 1968, reviewing the results of bids received by the Finance
Director for the maintenance program for the air conditioning and heating
equipment in the Civic Center for the period from August 1, 1968, through
July 31, 1969. The report indicates that although four proposals were
received, two companies failed to meet the requirement of providing a
performance bond; and of the two remaining proposals, the one submitted
by Robertshaw Controls Company, 1601 So. Manchester Avenue, Anaheim, in
the amount of $1,860 was the lowest.
It was moved by Councilman Kanel and seconded by Councilman Kanode to
authorize acceptance of the proposal submitted by Robertshaw Controls
Company for maintenance of the air conditioning and heating equipment at
the Civic Center facilities, as outlined in Quotation No. 6869-3 in the
base amount of $1,860 per year, upon receipt of a performance bond in a
form acceptable to the City, to be effective August 1, 1968.
In response to a question from Councilman Harvey, the Building Superintendent
reviewed the procedures utilized in preparation of specifications for the
equipment maintenance.
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
August 5, 1968
AWARD OF CONTRACT FOR TRAFFIC SIGNAL AT BALL ROAD AND DENNI STREET: The
Administrative Assistant presented a report dated August 5, 1968, from
the Public Works Director reviewing the results of a bid opening con-
ducted on August 5, 1968, at 10:00 a.m. in the office of the City Clerk
for installation of a traffic signal at Ball Road and Denni Street. The
report indicated that of two bids received for this project, Steiny and
Mitchel, 221 North Ardmore, Los Angeles, California, had submitted the
lowest and best bid in the amount of $8,683.00, which is approximately
34.7% below 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 Steiny and
Mitchel, Inc. for the installation of a traffic signal system at Ball
Road and Denni Street, and that the contract be awarded to Steiny and
Mitchell, Inc., 221 North Ardmore, Los Angeles, California, as per
their proposal dated August 1, 1968, in the amount of $8,683.00. 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
APPROVAL OF AWARD OF CONTRACT BY LARWIN COMPANY FOR CONSTRUCTION OF 2-A-5
STORM DRAIN: The Administrative Assistant presented a report dated
August 5, 1968, from the Public Works Director reviewing the results of
a bid opening conducted on August 2, 1968, by Larwin Company for con-
struction of the 2-A-5 Storm Drain east of Denni Street. The report
indicated that of four bids received for this project, M. and M. Pipeline
Company, 1072 W. Kensington Road, Los Angeles, California, had submitted
the lowest and best bid for Alternate "B" in the amount of $29,961.50;
and had submitted the only bid for Alternate "A" in the amount of
$29,622.50. The report further recommended that the contract be awarded
on the basis of the bid amount for Alternate "B", which specified
reinforced concrete'pipe, since there is a high ground water problem in
the area and the use of cast-in-place pipe as specified in Alternate "A"
could cause serious construction problems.
The report further indicated that it is anticipated that all necessary
right of way required for this project will be obtained in the near future.
It was moved by Councilman Kanode and seconded by Councilman Harvey to
approve award of the contract by Larwin Company for construction of the
2-A-5 Storm Drain to the lowest and best bidder, M. & M. Pipeline Company,
1072 West Kensington Road, Los Angeles, California, for Alternate "B" in
the amount of $29,961.50 with initiation of construction to ~e delayed
until all right of way has been acquired. 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:
Misses Cherie Castellow, 6932 Jonathan Avenue, Cypress, Eileen Gonzales,
10661 Tammy Street, Cypress, Myra Farrell, 10682 Tammy Street, Cypress,
Kathleen Gonzales, 10661 Tanm~ Street, Cypress, and Cathy Castellow,
6932 Jonathan Avenue, Cypress, addressed the Council requesting its
consideration of locating a nature park at the southwest corner of Knott
Street and Cerritos Avenue on property owned by Shell Oil Company.
Following discussion, it was moved by Councilman Kanel, seconded by
Councilman Noe and unanimously carried to place this nmtter on the
agenda for consideration at this time.
It was moved by Councilman Kanel, seconded by Councilman Noe and
unanimously carried to refer this matter to the City Staff for inves-
tigation and recommendation as to the feasibility of locating a nature
park in this area, with a report concerning this matter to be presented
to the City Council at its first meeting in September.
August 5, 1968
Councilman Harvey complimented the young ladies on their presentation,
following which discussion ensued relative to the possibility of ac-
quiring the required ~nd from Shell Oil Company.
COMMUNICATION FROM STATE BOARD OF EQUALIZATION RE: CIGARETTE TAX ALLOCATION
FOR 1968-69 FISCAL YEAR: The Administrative Assistant reviewed a communi-
cation dated July 22, 1968, from Mr. John Bo Marshall, Senior Statistician
of the State Board of Equalization, giving notification that the revised
allocation for cigarette tax pursuant to the formula outlined in Assembly
Fill 684 will result in the City of Cypress receiving an amount of $56,080
during the 1968-69 fiscal year which is an increase of approximately $44,000
over the Budget projection of $12,000.
It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously
carried this communication be received and filed.
CONSIDERATION OF PETITION RE: DEVELOPMENT OF PARK IN AREA BOUNDED BY VALLEY
VIEW~ HOLDER~ BALL ROAD AND ORANGE AVENUE: The Administrative Assistant
reviewed a petition dated July 22, 1968, signed by 59 persons requesting
consideration of the development of a small neighborhood park in the area
bounded by Valley View, Holder, Ball Road and Orange Avenue. The Adminis-
trative Assistant advised that in accordance with the City's Master Plan
of Parks and Recreation, negotiations are presently being conducted with
the developer of Tentative Tract No. 6653 and the Cypress Park and
Recreation District for development of a park site of approximately three
acres to be located in this area.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried to request the City Manager's office to notify the
persons on the subject petition that the City is attempting to develop
a small neighborhood park in the area of Valley View, Holder, Ball Road
and Orange Avenue in conjunction with the development of Tentative Tract
No. 6653.
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARE RE: APPLICATION FOR
ON-SALE BEER LICENSE AT SQUIRREL CAGE (BURDZILAUSKAS AND DICKENSON): The
Administrative Assistant reviewed a notice from the Alcoholic Beverage
Control Board advising that an application has been filed for transfer of
an on-sale beer license from Daniel G. Miller to Nolan A. Burdzilauskas and
Kennin D. Dickenson at the Squirrel Cage Beer Bar located at 4132 Lincoln
Avenue, Cypress. The Administrative Assistant further reviewed a report
dated August 5, 1968, from the Police Chief reconmending that the City
Council enter a protest to the application for transfer of this license
due to the fact that (1) the Squirrel Cage is a disorderly place and a
police hazard and (2) one of the applicants, Nolan A. Burdzilauskas, is of
questionable reputation by reason of his criminal record and his erroneous
application for the license.
The Administrative Assistant also advised that the previous application for
an on-sale beer license at the Squirrel Cafe filed by Germayne R. Hickman had
been withdrawn.
It was moved by Councilman Noe and seconded by Councilman Kanode to instruct
the City Manager's office to enter a protest to the application for transfer
of the on-sale beer license to the Squirrel Cage from Daniel G. Miller to
Nolan A. Burdzilauskas and Kennin D. Dickenson due to the fact that (1) the
Squirrel Cage is a disorderly place and a police hazard and (2) one of the
applicants, Nolan A. Burdzilauskas, is of questionable reputation by reason
of his criminal record and his erroneous application for the license.
Prior to voting on this matter, the Planning Director, in response to a
question from Mayor Bowen, advised that the Planning Commission has placed
consideration of revocation of the Conditional Use Permit issued to the
Squirrel Cage for public hearing at the first Planning Commission meeting in
September on the basis that the operation being conducted at the Squirrel
Cage is contrary to that originally proposed and further due to ~e fact
that beer bars are not permitted in the H-C zone.
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
August 5, 1968
COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: LOS ALAMITOS-
ROSSMOOR COUNTY SERVICE AREA: The Administrative Assistant reviewed a
communication dated July 23, 1968, from Mr. Richard T. Turner,
Executive Officer of the Local Agency Formation Commission advising of
a hearing which is scheduled to be held on August 14, 1968, before the
Commission relative to the proposed formation of Los Alamitos-Rossmoor
County Service Area. The Administrative Assistant advised that the
purpose of the proposed service area is to construct a swimming pool
which will service the City of Los Alamitos and the unincorporated area
of Rossmoor and will not affect the City of Cypress.
It was moved by Councilman Harvey, seconded by Councilman Kanode and
unanimously carried to request the City Manager's office to notify the
Local Agency Formation Commission that the City has no objection to the
proposed formation of the Los Alamitos-Rossmoor County Service Area.
The Administrative Assistant advised that the City Council had received
a copy of the agenda for the meeting of the Cypress Elementary School
District Board of Trustees to be held on August 5, 1968, and that the
subject of a joint meeting with the City Council was included on the
agenda.
The Administrative Assistant presented a card from Mrs. Ethel Kennedy
indicating the Kennedy family's appreciation for the Council's expression
of condolences in the death of Senator Robert F. Kennedy. ~ae communication
was read in full by Mayor Bowen.
It was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried to place these communications on the agenda for
consideration at this time.
It was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried to receive and file the agenda from the Cypress
Elementary School District Board of Trustees for the Meeting of
August 5, 1968, and the card from Mrs. Ethel Kennedy.
CONSIDERATION OF REQUEST FOR ACCEPTANCE OF STREET IMPROVEMENTS ON CERRITOS
AVENUE WEST OF VALLEY VIEW; A.H.F.P. PROJECT 381 (COXCO~ INC.): The
Administrative Assistant presented a report dated July 31, 1968, from
the Public Works Director advising that the street improvements on Cerritos
Avenue from 351 feet to 1465 feet west of Valley View Street were completed
on July 30, 1968, by Coxco, Inc., P. O. Box C, Stanton, California, in
accordance with plans and specifications.
It was moved by Councilman Kanel and seconded by Councilman Kanode to
accept the Cerritos Avenue Street improvements from 351 feet to 1465 feet
west of Valley View Street as constructed by Coxco, Inc., P. O. Box C,
8tanton, California, as being constructed in accordance with plans and
specifications and that the City Clerk be authorized to release the bonds
upon expiration of the required lien period.
In response to a question from Councilman Kanode, the Public Works Director
advised that in accordance with the plans and specifications for this
project the required lien period for the bonds would be for one year from
the date of acceptance of the project.
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
August 5, 1968
CONSIDERATION OF MODIFIED REPORT AND FINAL ASSESSMENT ROLL FOR LIGHTING
DISTRICT NO. 2: The Administrative Assistant presented a report dated
July 30, 1968, from the Public Works Director transmitting the Modified
Report of the City Engineer which outlines the assessments to be levied
on parcels of land located in Cypress Lighting District No. 2 for the
period from January 1, 1969 through December 31, 1969.
In response to a question from Councilman Harvey, the Public Works
Director explained the criteria used for establishing assessments on the
various parcels within the City. He further reviewed the reasons for the
increase in the assessments for the 1968-69 year for arterial commercial
zones and areas in zones without lights that benefit from arterial
lighting, specifically outlining the effect land valuations have on
establishing the assessments.
It was moved by Councilman Harvey and seconded by Councilman Noe to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 895
A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE,
STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF
LAND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS
LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE IN-
STALLATION, MAINTENANCE AND FURNISHING OF ELECTRIC
CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE
PERIOD FROM JANUARY 1, 1969, THROUGH DECEMBER 31, 1969,
PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY
ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF
DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF
CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING
ACT OF 1919"
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 REQUEST FOR AUTHORIZATION TO SCHEDULE PUBLIC HEARING TO
ESTABLISH UNDERGROUND UTILITY DISTRICT: The Administrative Assistant
presented a report dated July 30, 1968, from the Public Works Director
requesting authorization to add an underground utility district on Orange
Avenue from Grindlay Street to 712.17 feet east of Grindlay Street to
the authorization previously given to schedule a public hearing to
establish an underground utility district on Walker Street. The report
indicated that the public hearing for both districts could be held at
the same meeting.
It was moved by Councilman Noe and seconded by Councilman Kanode to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 896
A RESOLUTION CALLING A PUBLIC HEARING TO DETERMINE
WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE
REQUIRES THE FORMATION OF UNDERGROUND UTILITY DISTRICTS
ON WALKER STREET FROM A POINT SOUTH OF ROME AVENUE TO
BALL ROAD AND ON ORANGE AVENUE FROM GRINDLAY STREET TO
712.17 FEET EAST OF GRINDLAY STREET.
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
August 5, 1968
CONSIDERATION OF REQUEST FOR AUTHORIZATION TO RECORD DEED ON DENNI STREET
<MADRIGAL): The Administrative Assistant presented a report dated
August 5, 1968, from the Public. Works Director reviewing an easement deed
for roadway purposes on Denni Street between Lincoln Avenue and Orange
Avenue across property owned by Mrs. Mary E. Madrigal and her two children
as joint tenants.
It was moved by Councilman Kanode and seconded by Councilman Harvey to
authorize recordation of the grant of easement for roadway purposes across
the property located on the east side of Denni Street between Lincoln and
Orange Avenues, from Mrs. Mary E. Madrigal as joint tenant and as legal
guardian for her children, Margaret Ann Luis and Rose Marie Luis. 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
CERTIFICATION OF EMPLOYMENT LIST--DUPLICATING MACHINES OPERATOR: The
Administrative Assistant presented a report dated July 31, 1968, reviewing
the results of an open competitive examination which was conducted for the
position of Duplicating Machines Operator.
It was moved by Councilman Harvey, seconded by Councilman Noe and
unanimously carried to approve the eligible list for Duplicating Machines
Operator as submitted.
CERTIFICATION OF EMPLOYMENT LIST--POLICE CLERK TYPIST: The Administrative
Assistant presented a report dated August 5, 1968, reviewing the results
of an open competitive examination which was conducted for the position
of Police Clerk Typist.
It was moved by Councilman Noe, seconded by Councilman Harvey and
unanimously carried to approve the eligible list for Police Clerk Typist
as submitted.
CONSIDERATION OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 19392 THROUGH 19466:
It was moved by Councilman Kanode and seconded by Councilman Noe to approve
the Commercial Warrant List for Warrants No. 19392 through 19466 in the
amount of $70,864.56. 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
EXECUTIVE SESSION:
Upon the request of the Administrative Assistant, it was moved by
Councilman Kanode, seconded by Councilman Noe and unanimously carried
to go into an Executive Session to discuss personnel matters at 8:21 p.m.
The meeting was called back to order at 8:32 p.m., all City Councilmen
being present.
It was moved by Councilman Noe, seconded by Councilman Harvey and
unanimously carried to place on the agenda for consideration at this.
time an Agreement with the State of California for hearing officer services.
APPROVAL OF AGREEMENT WITH STATE OF CALIFORNIA OFFICE OF ADMINISTRATIVE
PROCEDURE FOR HEARING OFFICER SERVICES: It was moved by Councilman Kanode
and seconded by Councilman Noe to authorize the City of Cypress to enter
into an Agreement with the State of California Office of Administrative
Procedure to provide the services of a hearing officer and to authorize
the Mayor to sign and City Clerk to attest the subject Agreement subject
to approval as to form by the City Attorney. 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
August 5, 1968
Councilman Kanel indicated that Mrs. Lee Crafts, whom he had nominated
for appointment to the Goals Steering Committee had advised that due to
other commitments she would be unable to serve on the Committee.
It was moved by Councilman Noe, seconded by Councilman Kanode and
unanimously carried to place this matter on the agenda for consideration
at this time.
It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously
carried to accept Mrs. Lee Crafts' withdrawal as a member of the Goals
Steering Committee.
At this time, Councilman Kanel submitted the name of Mrs. Frances Leneker
to fill the vacancy on the Goals Steering Committee.
It was moved by Councilman Kanel, seconded by Councilman Kanode and
unanimously carried to confirm the appointment of Mrs. Frances Leneker to
the Goals Steering Committee.
ORAL COMFRYNICATIONS:
Mr. Bruce Smith, 10272 Mardel Drive, Cypress, addressed the Council
advising that Mr. Phil Willlame, who had submitted a previous report to
the City Council concerning the Volunteer Fire Department would be unable
to follow through with his presentation since he had been requested by his
supervisor to refrain from activities concerning the Volunteer Fire Depart-
ment in Cypress. Mr. Smith also indicated his interest in hearing the
recommendations from Chief Osterman relative to Mr. Willjams' report.
General discussion was held relative to public employees participating in
community activities; the present Volunteer Fire Department in Cypress; and
the development of the proposed County Service Area for fire protection.
Mr. Smith emphasized the desire as indicated in Mr. Williams' report to
have a fully-manned fire department at the existing station which he feels
would benefit the City in attracting industry. Mr. Smith further indi-
cated his willingness to serve on any future committees the City Council
may form to study the fire protection services of the City.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Kanode, seconded by Councilman Noe and unanimously
carried to adjourn the meeting at 8:55 p.m.
ATTEST:
CITY CL'~RK ~F ~HE C]~TY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
August 5, 1968