Minutes 69-04-14MINUTES OF THE REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
April 14, 1969
The regular meeting of the Cypress City Council was called to order at 4:07 p.m.
on Monday, A~ril 14, 1969, in the City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Pro-tern Delno G. Kenode presiding.
PRESENT:
ABSENT:
Councilmen Harvey, Kanel and Kenode
Councilmen Noe and Bowen
Also present were Administrative Assistant Gene Poertner, City Attorney James E.
Erickson, Deputy City Clerk Carol Flynn, Publi c Works Director Arthur Schatzeder,
Planning Director George Putnam and Assistant City Engineer Ray Coakley.
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS. AND AUTHORIZATION TO
ADVERTISE FOR BIDS--STORM SEWER PROJECT WS-6-05-0302: The Public Works
Director presented a report dated April 14, 1969 outlining the need to obtain
early approval by the City Council of the plans and specifications for Storm
Sewer Project WS-6-05-0302,which is being financed by storm drain bond funds
and by funds granted by the Federal Government. If approved by the City Council,
the plans and specifications will be submitted to the Department of Housing and
Urban Development and to the Orange County Flood Control District for review and
approval by their officials and will allow for bids to be received on May 22,
1969 and for the contract to be awarded on May 26, 1969.
The Public Works Director advised that all right-of-way has not been obtained
for this Project, but that it is anticipated that all right-of-way will be
acquired before award of contract.
It was moved by Councilman Kanel and seconded by Councilman Harvey to approve
the plans and specifications for Storm Sewer Project WS-6-05-0302 and to
authorize the City Clerk to advertise for bids with bids to be received on
May 22, 1969 and contract to be awarded on May 26, 1969, subject to approval
by the Orange County Flood Control District and to receipt of official
"Notice to Proceed" from the Department of Housing and Urban Development.
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kanel and Kenode
None
Noe and Bowen
CC~SIDERATION OF APPROVAL OF EXPENDITURE FOR~TEMPORARY CSNSTRUCTION EASEMENT
FOR STORM SEWERPROJECT'WS-6-05-0B0~: The Publi c Works Director presented a
report dated Apr. 14, 1969 reviewing the status of the right-of-way which
has been or will be acquired in connection with Storm Sewer Project WS-6-05-0302.
The report also reviewed negotiations which have been conducted with the owner
of property at the southeast corner of Denni and Orange for rental of a 40 foot
wide strip on the southerly and easterly boundaries of this property for
temporary construction purposes. The agreement provides for rental of 1.7
acres for 6 months at the rate of $400 per menth with a minimum of six months
rental to be paid prior to occupancy. The agreement with the property owner
also states that the property owner will obtain bids for reseeding the pasture
with the City to pay for the cost of same after construction is completed.
In response to an inquiry from Councilman Harvey, the Public Works Director
advised that the agreement with the property owner also provides for the City
to rebuild a portion of his fence in the area of the easement. He further
indicated that these expenditures on the part of the City are partially eligible
for reimbursement under the Federal Grant from the Department of Housing and
Urban Development.
City Council Minutes
April 14, 1969
The Public Works Director also stated that he had discussed this matter previously
with the City Manager, who had indicated his agreement.
It was moved by Councilman Kanel and seconded by Councilman Harvey to approve the
expenditure of $2,400 for the rental of 1.7 acres of land from Daniel E. Marquez
for a temporary construction easement atthe southeast comer of Dennt and Orange
with payment to be made prior to occupancy of the parcel by the contractor. The
motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kanel and Kenode.
None
Noe and Bowen
EXECUTIVE SESSION:
Upon the request of the City Attorney, it was moved by Councilman Kanel and seconded
by Councilm~n Harvey to go into an executive session at 4:47 p.m. for the purpose
of discussing pending litigation. The motion was unanimously carried by the
following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kanel and Kenode.
None
Noe and Bowen
The meeting was called back to order at 4:58 p.m., all City Councilmen in attendance
with the exception of Councilman Noe m~d Mayor Bowen.
It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously
carried to place consideration of settlement of the case of Pahland vs. City of
Cypress on the agenda at this time.
It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize
the settlement of the case of Pahland vs. City of Cypress upon the payment of
plaintiff's court costs in the amount of $350 and the waiver of City's right as
prevailing party to recover its court costs. The motion was unanimously carried
by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kanel and Kanode
None
Noe and Bowen
It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously
carried to place consideration of the case of Bush vs. the City of San Jose on
the agenda at this time.
It was moved by Councilman Harvey and seconded by Councilman Kanel to authorize
the City to appear as Amicus Curiae in the case of Bishop vs. the City of San
Jose for the purposes of a petition for hearing before the California Supreme
Court. The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kanel and Kanode
None
Noe and Bowen
RECESS:
It was moved by Councilmen Kanel, seconded by Councilman Harvey and unanimously
carried to recess at 5:01 p.m. until 7:30 p.m that evening.
CALL TO ORDER:
The Deputy City Clerk called the meeting back to order at 7:30 p.m. with the
following in attendance:
PRESENT:
ABSENT:
None
Councilmen Harvey, Kanel, Kanode, Noe and Bowen
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City Council Minutes
April 14, 1969
The Deputy City Clerk adjourned the meeting at 7:32 p.m. due Go the lack of a
quorum. /
MAYOR PRO~EM,IIO~'T~ CITY OF CYPRESS
ATTEST:
CIT~/ ~LERK'O~ THE CITY OF CYPRESS
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