Minutes 69-06-09MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
June 9, 1969
The regular meeting of the Cypress City Council was called to order at 4:00 p.m.
on Monday, June 9, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress,
California, Vice Mayor John Kanel presiding.
PRESENT: Councilmen Harvey, Kanel and Noe
ABSENT: Councilman Bowen and Mayor Kenode
Also present were City Manager/City Clerk Dartell Essex, City Attorney James E.
Erickson, Administrative Assistants Gene Poertner and Douglas Dunlap, Public Works
Director Arthur Schatzeder, and Finance Director Jim Grissom.
MINUTES:
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried to defer consideration of the Minutes of the Regular Meeting of May 26, 1969
until the arrival of Councilmen Bowen and Mayor Kenode.
Upon the request of the City Manager it was moved by Councilman Harvey, seconded by
Councilman Noe and unanimously carried to place presentation of the Resolution
Designating Mark Rozelle as the City official representative in Germany on the
agenda as Item 1 (a).
It was moved by Councilman Noe, seconded by Councilman Harvey and un~nimously
carried to place consideration of a Resolution Commending Boy Scout Robert W. Ross
on the agenda for consideration at this time.
It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 977
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING CYPRESS EXPLORER SCOUT ROBERT W. ROSS ON
ACHIEVING THE RANK OF EAGLE SCOUT
The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 2 COUNCILMEN:
Harvey, Kenel and Noe
None
Bowen and Kenode
The City Manager reviewed a request from Mr. end Mrs. John van den Raadt for per-
mission to post a Security Deposit Agreement in the amount of $3,350.00 in lieu of
a cash bond for the construction of street improvements in conjunction with the
development of their property on Acacia Street.
It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously
carried to place this matter on the agenda for consideration following the arrival
of Councilman Bowen and Mayor Kanode.
In response to a request from the City Manager, it was moved by Councilman Noe,
seconded by Councilan Harvey and unanimously carried to place a communication from
the League of California Cities regarding Senate Bill 1414 on the agenda as Item
No. 4 (a)-
Upon the request of the Public Works Director, it was moved by Councilman Noe,
seconded by Councilman Harvey and unanimously carried to place consideration of a
Right of Entry Agreement with the Southern Pacific Railroad Company for construction
of a storm drain at Walker and Lincoln on the agenda for consideration following the
arrival of Councilman Bowen and Mayor Kenode.
The City Manager outlined the advantages of proceeding at this time with the purchase
of the aerial photographs in order to expedite completion of the urban towns cape upon
receipt of approval from the Federal Government.
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried
to place this matter on the agenda for consideration following the arrival of Council-
man Bowen and Mayor Kanodeu
The City Manager reviewed a complication which has arisen as a result of the Depart-
ment of Housing and Urban Development's policy not to concur. in the award of con-
tracts for the Storm Sewer Project until bids have been received on all phases of the
project° This procedure will delay construction of the storm channel and pump station,
contracts for which have previously been awarded by the Council, unless the Council
authorizes the Staff to proceed with these phases of the project prior to receipt of
concurrence by the Department of Housing and Urban Development.
It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried
to place consideration of a request for authorization to award the contracts for the
Channel work and the construction of the pump station on the agenda for consideration
following the arrival of Councilman Bowen and Mayor Kanode.
Vice Mayor Kanel stated that Mr. Richard Boe, 4631 Newman Avenue, Cypress had requested
permission to present the City Council with additional information regarding the
problems encountered by the residents adjacent to the Hyatt Die Cast operation on
Lincoln Avenue.
Having received permission from Vice Mayor Kanel, Mr. Richard Boe, 4631 Newman Avenue,
Cypress, addressed the Council requesting information as to what staff recommenda-
tions would be presented at the evening session of the City Council meeting relative
to correcting the nuisances which have become evident as a result of the Hyatt Die
Cast operation. He also presented the City Council and City Manager with copies of
additional complaints which have been submitted by residents in the area regarding
the noise, fumes from the spray paint booth at Pico Craft and vibrations.
Mr.Boe further expressed the property owners' concern with Mr. Hyatt's proposal to
replace the 600-ton die cast machines with 800-ton machines, thereby increasing the
problems of noise and vibrations.
COUNCILMAN BOWEN ARRIVED AT 4:20 Po Mo AND TOOK HIS PLACE ,ON THE PODIUM.
Considerable general discussion was held in regard to the information obtained as a
result of the acoustical study, the violations of the Conditional Use Permit which
have been noted by the residents following the May 26th City Council meeting, the
general remedies which have been suggested to resolve these problems, and the
authority the City could utilize to prevent the installation of the larger machines.
Mr. Boe further stated that he would wish the Council's consideration of not only
resolving the problems existing at this time but also taking measures to assure that
future problems will be resolved without further protest from the property owners.
MAYOR KANODE ARRIVED AT 4:28 P. M., TOOK HIS PLACE ON THE PODIUM AND PRESIDED
OVER THE REMAINDER OF THE MEETING.
At this time, a copy of the Staff Report to the City Council transmitting the re-
sults of the acoustical study was given to Mr. Boe for his review prior to the
evening session of the City Council meeting~
RECESS:
The Mayor declared a recess at 4:40 p.m. The meeting was called back to order at
4:45 p.m., with all City Councilmen present~
MINUTES:
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried
to approve the Minutes of the Meeting of May 26, 1969 as mailed.
CONSIDERATION OF REQUEST FROM JOHN AND MARY VAN DEN RAADT TO FILE SECUP~TY DEPOSIT
AGREEMENT IN LIEU OF BOND FOR STREET IMPR~IVEMENTS ON ACACIA STREET: The City Attorney
reviewed the provisions of the proposed Security Deposit Agreement to be filed by
John and Mary van den Raadt in the amount of $3,350 in lieu of a bond for installa-
tion of street improvements on Acacia Street.
The City Attorney stated that while he is not in favor of the City Council allowing
this type of Security Agreement, he would not be opposed to its approval.
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334
It was moved by Counzilman Noe and seconded by Councilman Kanel to accept the Agree-
ment in Lieu of Cash Bond filed by John and Mary van den Raadt in the amount of
$3,350°00 to cover the cost of the street imporvements required by Conditional Use
Permit Noo C-220 in connection with the improvement of their property on Acacia Street
in the City of Cypress~ The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF APPROVAL OF RIGHT OF ENTRY AGREEMENT BETWEEN CITY AND SOUTHERN ~
PACIFIC RAILROAD COMEANY RE: CONSTRUCTION OF STORM DRAIN AT WALKER AND LINCOLN:
The Public Works Director reviewed the need to approve a Right of Entry Agreement
with' the Southern Pacific Railroad Company for permission for the City to construct
a storm drain along the railroad right of way line on the north side of Lincoln
Avenue east of Walker Street° This will expedite construction of the storm drain by
the City under the project approved by the Department of Rousing and Urban Development.
In response to an inquiry from Councilman Noe, the City Attorney advised that al-
though the granting of the right of entry will not involve a charge to the City,
it does not preclude the possibility that a charge will be made for the permanent
drainage easement~
Councilman Noe stated that in his opinion, the Southern Pacific Railroad Company
should not require the City to pay for any portion of the required drainage ease-
ment due to the extent of benefit which will accrue to the Railroad as a result of
the City's construction of this drainage facility, which will alleviate the major
flooding problem which now exists in the railroad right of way°
It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the
Mayor and City Clerk to execute on behalf of the City of Cypress the RIght of Entry
Agreement with the Southern Pacific Company for the storm drain construction on
the north side of Lincoln Avenue east of Walker Street. The motion was unanimously
carried by the following roll. call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
CONSIDERATION OF REQUEST TO PURCHASE AERIAL PHOTOGRAPHS FOR URBAN TOWNSCAPE PLAN:
The City Manager indicated that $1,500 previously had been budgeted to cover the
cost of the aerial photographs required for the urban townscape plan which is to
be partially financed from the recently-approved 701 Planning Grant°
The Planning Director indicated that several aerial survey companies had been
contacted and requested to submit a proposal to provide these photographs; and
that MetrexAerial Company of Los Angeles had submitted a proposal whereby they
would provide a 7' X 9' mosaic of the City at a 1"=200' scale, a complete aerial
photography of all the City and environs at a scale of 1"~200' on 36" X 36"
Kronopak sheets, and a strip map of Lincoln Avenue from Bloomfield to Holder at
a scale of
The Planning Director further indicated that this work would be accomplished for
a fee of $2,520, including tax, of which $1,000 would be made available through
the 701 Urban Planning Grant°
It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the
acquisition of the photographic ~ork by Metrex Aerial Surveys Company of Los Angeles
and to increase the appropriation for this work to $2,520° The motion was unani-
mously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF REQUEST TO AWARD CONTRACTS FOR SCHEDULES "A" AND "B" FOR STORM
SEWER PROJECT WS-6-05-0302 (CITY PROJECT 6854-20-0000) PRIOR TO RECEIPT OF
CONCURRENCE IN AWARD BY DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: The Public
Works Director reviewed the procedures followed by the Department of Housing and
Urban Development in withholding approval of awards of contracts until the bids on
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335
the entire project have been received. He further reviewed the necessity of ob-
taining authorization from the. City Council to award the contracts for Schedules
"A" and "B" of the Storm Sewer Project prior to receipt of concurrence from the
Department of Housing and Urban Development in order to assure that the pumping
station and storm channel will be completed prior to the rainy season.
It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the
award of contracts for Schedules "~' and "B" of the Storm Sewer Project WS-6-05-0302
City Project 6854-20-0000, prior to receipt of concurrence from the Department of
Housing and Urban Development.
The Public Works Director indicated that the Project Engineer from the Department
of Housing and Urban Development had indicated that he could foresee no problem
in obtaining the concurrence of HUD in the award of contracts for these two
Schedules.
Councilman Noe's metion was then unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowan, Harvey, Kanel, Noe and Kenode
None
None
The City Manager
meeting with the
Council meeting.
inquired as to the Council's desire to conduct a Joint quarterly
Chamber of Commerce during the afternoon session of the June 23
Councilman Harvey indicated that he would be unable to attend the June 23 meeting
but stated that he would not object to the Council meeting with the Chamber in his
absence.
Following discussion regarding the renewal of the contract with the Chamber of
Commerce, it was generally agreed that the Joint meeting would be scheduled for
the afternoon session of the June 23 Council ~eeting.
The City Manager stated that there would be a meeting of the Goals Steering
Comm4ttee and subcommittees on Tuesday, June 10, 1969 in the City Council ChamBers
to discuss the results of the random sample survey conducted by the Cypress Junior
College.
Upon the request of Councilman Harvey, the Mayor excused him from the City Council
meeting of June 23, 1969.
At this time, City Attorney James Erickson introduced Mr. Jack Ferguson, a new
member of the firm of Rutan and Tucker.
EXECUTIVE SESSION:
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried to go into an executive session at 5:19 p.m. to consider Item No, 7 on the
agenda regarding acquisition of a portion of the corporation yard owned by William
F. Cole. The meeting was called back to order at 5:45 p.m. with all City Council-
men present.
It was moved by Councilman Harvey and seconded by Councilman Noe to approve a settle-
ment of the Case of City of Cypress vs. William F. Cole et el, Orange County Superior
Case No. 164085 for the sum of $32,221.20 which will include acquisition of the under-
ground drainage easement on the adJacent property. The motion was unanimously carried
by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RECESS:
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously
carried to recess at 5:50 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:
ABSENT:
Councilmen BOwen, Harvey, Kanel, Noe and Kenode
None
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~s~o present were City Manager/City Clerk Darrell Essex, City Attorney James E.
Erickson, Administrative Assistants Gone Poertner and Douglas Dunlap, Public
Works Director Arthur Schatzeder, Planning Director George Putnam, Finance
Director Jim Grissom, Police Chief George Savord and Building Superintendent
Tom Nudson.
PRESENTATION OF COMMUNITY SERVICE PLAQUE TO MISS CYPRESS OF 1968 JAKKI ~A~PER:
At this time, Mayor Kanode presented a Community Service Plaque to Miss Jakki Harper
for her contribution to the community in her capacity as Miss Cypress of 1968. On
behalf of the City Council, Mayor Kenode thanked Miss Hatper for representing the
City in various functions during the past year.
Miss Hamper thanked the members of the City Council for the Community Service'
Plaque and stated that she had enjoyed representing Cypress during the past year.
At this time, Mayor Kanode introduced Miss Cypress of 1969 Melissa DeNoyer.
PRESENTATION OF RESOLUTION DESIGNATING MAi~K ROZELLE AS OFFICIAL REPRESENTATIVE OF
THE CITY OF CYPRESS AND AUTHORIZING HIM TO PRESENT PLA~UE TO CITIZENS OF DUSSELDORF-
BENRATH, GERF~ ON BEHALF OF CITY OF CYPRESS: Mayor Kanode read in full Resolution
No. 976 adopted by the City Council at its meeting of May 26, 1969 orriciallydesig-
hating Mark Rozelle as the City's representative during his stay in Germany and
authorizing him to present on behalf of the citizens of Cypress a Community Service
Plaque as a token of friendship. Mayor Kanode presented Mark Rozelle with the
Resolution and Community Service Plaque and on behalf of the City Council congratu-
lated him on his selection by the American Field Service Program as an exchange
student.
At this time, Mr. Verne Bakke, Executive Vice President of the Federation for
Community Affairs presented Mark Rozelle with a check in the amount of $100 to
help defray his expenses. Mr. Bakke also thanked Mrs. Jean Smith and Mrs. Connie
Bleick for their efforts in raising the $100.
CONTINUATION OF CONSIDEI~TION OF AWARD OF CONTRACT FOR SPREADING OF LIQUID ASPHALT
ON CITY STREETS (CITY PROJECT 6067-t0-0000): The City Manager presented a report
dated June 6, 1969 indicating that the Public Works Director had completed an
investigation of the adequacy of the material proposed to beutilized by Nato
Corporation, who submitted the 1~. bid for sealing of City streets, and has de-
termined that insofar as can ~e ascertained at thistim~, the Chevron material
utilized by this corporation provides performance equivalent to that of Gilsabind.
It was moved by Councilman Bowen and secondedby Councilman Harvey to determine
that the lowest and best bid for furnishing and spreading of liquid asphalt on
City streets was submitted by the Nato Corporation, 3070 Orange Avenue, Long
Beach, California, and to approve award of contract to the Nato Corporation in
accordance with their proposal dated May 21, 1969 in the a~unt of $7,440.00.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kenel, Noe and Kanode
None
None
ORAL COMMUNICATIONS:
Mr. Bruce Blizzard, 9120 Whitney Way, Cypress, California, addressed the Council
indicating his desire to present for the City Council's information a recording
of the noise to which he and his neighbors are subjected as a result of the Hyatt
Die Cast operation adjacent to their residences.
Mayor Kanode stated that this matter was an item of consideration onthe City
Council agenda and indicated that the Council would be happy to listen to the
recording at that time.
Mrs. Donna Montano, Owner of the Cypress Tableau, addressed the Council indicating
that her newspaper has been operating in the City of Cypress for four months and
has had difficulty in receiving press releases from the Chamber of Commerce which
are sent to other newspapers published in other cities. She further stated that
she had been turned away from a press party at theChamber of Com]merce office be-
cause she did not have a photographer.
In response to inquiries from Mrs. Montano, Mr. Lloyd Nunnenkamp, President of the
Cypress Chamber of Co~mmrce, addressed the Council indicating that the Ch-mher of
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337
Co.m~rce attempts to include all the newspapers in its news releases and inviting
Mrs. Montano to meet with the Chamber of Connerce officials to discuss these
problem.
It was moved by Councilman Bowen, seconded by Councilman.Noe and unanimously
carried to proceed to Item No. 4 and continue until 8:00 p.m.
CONSIDERATION OF COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT
RE: MINUTES OF BOARD OF TRUSTEES: The City Manager reviewed a communication dated
May 19, 1969 from Mr. Jack H. Kimball, District Manager of the Orange=County
Mosquito Abatement District, transmitting a copy of the Minutes of the Board of
Trustees Meeting held on May 15, 1969. A copy of these Minutes are on file in the
office of the City Clerk.
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried this connnunicatton be received and filed.
CONSIDERATION OF COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES REU: SENATE BILL 1414:
The City Manager presented a communication dated May 27, 1969 from the League of
California Cities urging the City Council to immediately notify the local state
senators of the City's opposition to Senate Bill 1414 which establishes salaries
and other fringe benefits for policemen. The enactment of this measure would
result in the removal of local control over the police department operation and
ignores the ability of municipalities to finance these additional costs.
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried to request the City Manager to i-m~'diately inform the senators from Orange
County of the City of Cypress' opposition to Senate Bill 1414.
COt~4UNICATION FROM LOCAL AGENCY FORMATIONCOMMtSSION RE: DETACHMENT FROM MIDWAY
CITY SANITATION DISTRICT: The City Manager presented a communication dated May 28,
1969 from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation
Commission, notifying the City of a hearing to be held on June 11, 1969 to con-"
sider the proposed detachment of the areas south of Orangewood Avenue on both sides
of Valley View Street from the Midway City Sanitation District. The City Manager
indicated tha~ this detachment was o~-~8~nally requested by the City Council in
discussions reSardins tentative subdivision maps in the areas located south of
OranSewood Avenues and that arrangements have been made for providing sewer service
to this area without the need to utilize the facilities of the Midway City Sani-
tation District.
Councilman Noe stated that since he is a member of the Local Agency Formation
Commission he would refrain from discussing or voting on this matter.
It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize '
the City ManeSet to inform the Local Agency Formation Comm~ssion of the City
Council's support of the detachment of the areas south of OrangewoodAvenun on
both sides of Valley View from the Midway City Sanitation District. The motion
was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ABSTAINED: 1 COUNCILMEN: Noe
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338
COIISIDERATION 33F A REQUEST .FOR CLOSURE OF ORANGEWgeD AVENUE EAST OF VALLEY VIEW
STREET FOR CeNSTRUCTION OF SEWAGE IPUMP STATIeN:' The' City Manager presented a
report dated June 6, 1969 from the Public Works Director outlining the necessity
of closing Orangewood Avenue east of Valley View Street for a one-week period
in order to complete installation of a deep sewer in Orangewood Avenue east of
Valley View as part of the contract for construction of the SeWage Pump Station,
It was moved by Councilman Harvey and seconded by Councilman Noe to authorize
the closure of Orangewood Avenue east of Valley View for a period of one week
during the period from June 15, 1969 to July 1, 1969. The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS. CERTIFICATION OF RIGHT OF
WAY AND AUTHORIZATION TO ADVERTISE FOR BI~S BALL ROAD WEST OF DENNI TO BLOOM-
FIELDt CITY PReJECT 6960-10-0475: The City Manager presented a report dated
June 5, 1969 from the Public Works Director indicating that the Engineering
Division has completed plans and specifications for the improvement of Ball Road
from 400 feet west of Denni to Bloomfield and requesting authorization .to certify
acquisition of the right of way for this project and to advertise for bids, upon
receipt of approval of the plans and specifications by the Orange County Road
Department.
It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the
plans and specifications for Project No. 6960-10-0475, Ball Road from 400 feet
west of Denni Street to Bloomfield Street. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the
Mayor and City Clerk to certify to the right of way acquisition for this project.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the
City Clerk to advertise for bids for the improvement of Ball Road from 400 feet
west of Denni to Bloomfield, with the bid date to be set upon receipt of the
approval of plans and specifications 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:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
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339
PUBLIC HEARING RE: LIGHTING DISTRICT NO. 2. INCLUDING ANNEXATION NO. ~: The Mayor
announced this was the time and place to consider protests in reference to installation
of, furnishing of electric current for and maintenance of a street lighting system
in the City of Cypress referred to as "Cypress Lighting District No. 2 Including
Annexation No. 8.
The Mayor declared the Public Hearing open and requested the staff to present its
report.
The City Manager read into the record of the Public Hearing a report dated June 5,
1969 indicating that the affidavits of posting and publication of the Public Hearing
notices on this matter are on file in the office of the City Clerk and no written
communications in opposition to the installation of the lighting system have been
received.
The Public Works Director presented a report dated June 4, 1969 indicating that
in accordance with the Streetlighting Act of 1919, "Notice of Improvement" signs
were posted with prescribedinformation prior to the Public Hearing. The report
further transmitted two Resolutions for consideration by the City Council approving
the Preliminary Report and determining that Southern California Edison Company is
the only contractor capabIe of improving and furnishing electric current for the
street lighting system.
The Mayor asked if anyone in the audience wished to speak in favor of or in oppo-
sition to this proposed lighting system. There being no written communications and
no oral protests, the Mayor declared the Public Hearing closed.
It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the follow-
ing Resolution by title only, title as follows:
RESOLUTION NO. 978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONFIRMING THE
REPORT OF THE CITY ENGINEER OF SAID CITY, DATED MAY 12~
1969, PREPARED PURSUANT TO RESOLUTION NO. 961 OF SAID
COUNCIL AND REFERRED TO IN RESOLUTION NO. 968 OF SAID
COUNCIL, AND THE PLAN, SPECIFICATIONS, ESTIMATE AND
ASSESSMENTS CONTAINED IN SAID REPORT: ORDERING THE IN-
STALLATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO
CYPRESS NO. 2 LIGHTING DISTRICT: ORDERING THE MAINTENANCE
OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID
STREET LIGHTING SYSTEM: AND FORMING THE LIGHTING DISTRICT
ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 968
AND RESOLUTION APPOINTING THE TIME AND PLACE FOR HEARINGS
NO. 969, ALL IN ACCORD WITH 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: Q COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
It was meved by Councilmen Noe and seconded by Councilman Harvey to adopt the follow-
ing resolution by title only, title as follows:
RESOLUTION NO. 979
A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE
CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION
OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC
CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM
TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND
ORDERED TO BE INSTALLED BY RESOLUTION NO. 968 OF SAID
COUNCIL, ALL IN ACCORD WITH AND PURSUANT TO THE PRO-
VISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE,
STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919".
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was unani~usly carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CPNSIDERATION OF STATUS REPORT - HYATT DIE CASTIN~ OPERATION: The City Manager
presented a report dated June 5, 1969 presenting the results of a sound measure-
ment study of the noise levels in the areas adjacent to the Hyatt Die Casting
operation prepared by the firm of Bolt, Beranek and Newman, Inc., who are consultants
in architectural and engineering acoustics. The results of this study basically
indicated that the noise levels at all measurement locations adjacent to the Hyatt
Die Cast operation exceeded the sound levels as prescribed in the City's ordi-
nances. The report further briefly reviewed proposed solutions to the problem
of noise control which would require further study to determine their suitability.
Also reviewed in the report were discussions and meetings held between representa-
tives of Hyatt Die Cast Company and the City of Cypress in reference to obtaining
compliance with the conditions of the Conditional Use Permit, conducting further
sound raeasurement studies and correcting the vibration problem through the instal-
lation of cork padding.
As a result of an on-the-site inspection of the premises and meetings with Mr. Hyatt
and his representatives, the City Manager outlined various actions which were to
be accomplished iuu~ediately by Mr. Hyatt, including payment of drainage fees, dis-
continuance of outside loud speakers, shielding of lights to the south of the pro-
perty, and construction of asphalt berm for drainage control. He further reviewed
the action which had been taken to date by Mr. Hyatt in correcting these matters
as well as measures proposed to be taken by Mr. Hyatt in the near future.
In response to an inquiry from Councilman Harvey, the City Attorney stated that
the City's sound ordinance is one of the more stringent in the County.
Councilman Kanel indicated his desire to initiate proceedings for modification of
the Conditional Use Permit since he feels that this is the only means by which
correction of the conditions on this site will be accomplished.
Councilman Noe stated that he felt the conditions placed on the Conditional Use
Permit should be complied with immediately and that those violations noted by the
residents in the area adjacent to Hyatt Die Cast operations should be resolved as
outlined in the report from the City Manager.
RECESS:
The Mayor declared a recess at 8:23 p.m. The meeting was called back to order at
8:35 p.m., with all City Councilmen present.
Having received permission from Mayor Kenode, Mr. Richard Boe, 4631 Newman Avenue,
Cypress, addressed the Council requesting that Mr. Blizzard be given an opportunity
to address the Council prior to Mr. Boe's presentation.
Mr. Bruce Blizzard, 9120 Whitney Way, Cypress, addressed the Council presenting a
tape recording made in his back yard of the noise at the Hyatt Die Cast operation.
He further inquired as to whether or not Mr. Hyatt had been advised by the members
of the Staff as to the day on which the sound measurement study was to he conducted.
He stated that he did not feel that the Hyatt Die Cast operation was an advantage
to the City of Cypress. Mr. Blizzard also stated that the noise which exis~ed on
the evening on which the sound measurement study was taken was exceptionally quiet.
In response to Mr. Blizzard's~nquiries, · the City Manager stated that he had not
advised Mr. Hyatt of the date on which the sound measure~nt study was to be con-
ducted. He indicated that he had contacted Mr. Hyatt to arrange an appointment with_
him and at that time had inquired as to whether he had plans to modify his operation
within the next two weeks.
In response to questions from Councilman Kanel, Mr. Dan Nelson, 7444 Haskell, Van
Nuys, California, addressed the Council as the sound engineer who conducted the
sound measurement studies, stating that he had conducted the sound measurement
study on Thursday, May 29, 1969 during the evening hours; and that he had termi-
nated his study at 9:30 p.m. He further reviewed his procedure in conducting the
study and the placement of his equipment on the residential properties.
9
In response to a question from Councilman Kanal, Mr. Nelson advised that he had
not contacted Mro Hyatt as to the date upon which the sound measurement study
would be conducted° He further indicated that since it was planned to be con-
ducted on a holiday, he had inquired of the Planning Director as to whether Nyatt
Die Cast would be closed; however, the Planning Director was hesitant to contact
Mr. Hyatt in this regard and had advised that if it seemed unusually quiet at the
time of the sound measurement study, a second study might be required. He further
stated that even though the residents feel it was unusually quiet on the day of the
sound measurement study, the noise levels still exceeded the City's ordinances.
In response to a question from Councilman Kanel, the Planning Director advised
that he had advised no one of the date established for the sound measurement study.
In answer to an inquiry from Councilman Harvey, Mr. Nelson stated that he felt it
was feasible to abate the noise problem; however, he could not at this point deter-
mine the costs for this abatement.
Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council stating that
he did not feel the installation of cork padding on the machines would adequately
suppress the noise or vibrations from the machines. He felt that additional measures
should be taken~ He further stated that he did not feel Mr. Hyatt should employ his
own consultant to determine the solutions to the noise problem.
Mr. Richard Boe, 4631 Newman Avenue, Cypress addressed the Council indicating that
he had reviewed the report from the City Manager and the sound measurement engineer
with certain individuals who are affected by the Nyatt Die Cast operation.. He
stated that it is his understanding that Mr. Hyatt has recently received the delivery
of 800 ton machines which will greatly increase the noise problem.
Mr. Boe further reviewed the problems which have been encountered in regard to the
noise, bleeding lights and vibrations and stated that he felt the Council has only
one logical conclusion which can be reached after reviewing these problems, that
being that the Hyatt Die Cast operation is not compatible with the surrounding
uses. He further indicated that while one problem may be solved, others will arise
which will require further solution; and that the only method by which the problem
can be completely resolved is by moving Hyatt Die Cast out of the area. He also
stated that he did not feel this problem can be solved by modifying the Conditional
Use Permit.
Mr. Wallace, 4671 Newman Avenue, Cypress addressed the Council indicating that al-
though he is not a die caster, he does do business with Mr. Hyatt and that he was
opposed to the original location of the Hyatt Die Cast Plant in Cypress since he
moved to Cypress to get away from industrial uses. He stated that if the 800 ton
machines are put into operation, it will be extremely difficult to control the
noise.
Mr. Gary Thurston, 9171 Whitney Way, Cypress, addressed the Council stating that
he agrees with the statements made by Messrs. Blizzard and Wallace and if something
is not accomplished on the City Council level, he will seek recourse through higher
levels of government.
Councilman Kanel introduced dis cussion regarding the possibility of initiating
proceedings for revocation of the Conditional Use Permit and the legal implications
in pursuing such a course of action.
Councilmen Harvey stated that in Mr. Boe's presentations before the City Council
he had noted repeated reference to the moving of the Hyatt Die Cast facility from
its current location to the industrial complex and the statements regarding re-
zoning of the property. He requested the City Attorney to review the feasibility
of these measures.
The City Attorney indicated that i f the property were rezoned, an amortization period
would be established during which time the use would be considered non-conforming
but could still remain in existence for a specified period of time. He further indi-
cated that in abering the operation, this could be pursued through the courts; how-
ever, a nuisance action is a difficult and expensive action to prosecute. The City
Attorney then reviewed the proceduz~% of Section 120.8 of the City Code which
states the grounds for terminatio~ of Conditional Use Permits.
- 10 -
Following general discussion, it was moved by Councilman Bowen and seconded by
Councilmen Noe to initiate the proceedings for modification or revocation of Con-
ditional Use Permit No. C-211 for the Hyatt Die Cast property located at 4656
Lincoln Avenue, Cypress.
In response to an inquiry from Councilman Kanel, the City Attorney advised that a
Conditional Use Permit of this type would only come back to the City Council upon
appeal.
It was moved by Councilman Bowen and seconded by Councilman Noe to include in their
original motion the provision that the City Council would review the proceedings
before the Planning Commission in accordance with the appeal provisions of the
Cypress City Code.
Following an explanation by the City Manager of the publication requirements for
the public hearing to consider this matter, Councilman Bowen's motion as modified
was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
In answer to inquiries from Councilmen Kanel and Harvey, the City Attorney stated
that he would have to investigate the scope of the Ctty's authority to limit the
size of the die casting machines to the 600 ton size and to shut down the opera-
tion until compliance with the conditions imposed is obtained.
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 an executive session at 9:35
p.m. for the purpose of discussing threatened litigation. The meeting was called
back to order at 9:58 p.m., with all City Councilmen in attendance.
It was moved by Councilman Kanel and seconded by Councilman Noe to direct the City
Attorney and City Staff to utilize any and all available legal means, other than
commencement of litigation at this time, to prevent the installation and operation
of the 800 ton die casting machines proposed for operation on the property sul>]ect
to Conditional Use Permit No. C-211. The motion was unanimously carried by the
following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
It was moved by Councilman Noe and seconded by Councilman Bowen to direct the City
Manager to take the following actions:
Mr. Hyatt be requested to immediately employ a qualified
acoustical consultant to determine the specific noise
buffers which must be constructed to reduce the noise
level from the plant operation, with the results of the
study to be presented to the City within a two~week
period along with a suggested time schedule for implemen-
tation of their recommendations.
All of the corrections required under the terms of the
original Conditional Use Permit be made on or before
June 13, 1969.
3. That the cork pads required for the existing equipment
be installed on or before July 28, 1969.
That Mr. Hyatt and the owners of Pico Craft be
inm~diately notified to discontinue any operation in
or around the spray paint booth between the hours of
10 p.m. and 7 a.m. Under the interpretation made by
the City Council and Staff, this violates a condition
of the original Conditional Use Permit.
- 11 -
3!3
In response to a question from Councilman Kanel, the City Manager stated that he
would assume the acoustical study would be made on the existing equipment at Hyatt
Die Cast~
Councilman Noe's motion was then unanimously carried by the following roll call vote:
AYES: 5 COUNCILI~N:
NOES: 0 COUM~JJ~MEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
For the benefit of the people in the audience, the City Manager reviewed the action
which had been taken by the City Council in regard to the Hyatt Die Cast matter.
CONSIDERATION OF REQUEST TO CHANGE DESIGNATED OFFICIAL IN CONNECTION WITH THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STORM SEWER PROJECT WS-6-05-0302:
The City Manager presented a report dated June 5, 1969, outlining the desirability
of changing the designated official for exchange of correspondence and information
in connection with the grant agreement for construction of Storm Sewer Project
WS-6-05-0302 from the City Manager to the Public Works Director. This would
expedite the project through the construction and funding phase since the Public
Works Director w~rks more closely with the HUD officials through these phases.
It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 980
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CHANGING THE DESIGNATED OFFICIAL IN CONNECTION WITH THE
APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, UNITED STATES OF AMERICA FOR A GRANT UNDER
PL #89-117, WS-6-05-0302o
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
CONSIDERATION OF CONTRACT RENEWAL FOR CITY TOWING SERVICE: The City Manager pre-
sented a report dated June 5, 1969, indicating that the owner of Cypress Auto Tow
has requested a renewal at the existing rates of the City's towing service con-
tract which will expire 3une 30, 1969. The City Manager indicated that the Police
Chief has advised that the Police Department considers the services rendered by
Cypress Auto Tow to be satisfactory and competitive in the rates charged, and, since
there are no other towing services in the City of Cypress, the Police Department
would reco~mmend a continuation of the existing towing service Agreement with
Cypress Auto Tow.
It was moved by Councilman Noe and seconded by Councilman Bowen to renew the desin-
nation of the Cypress Auto Tow Service as the City towing service for a period
ending June 30, 1970 with the condition that the Cypress Auto Tow continue to ad-
here to the specifications and rates as outlined in the existing Agreement. The
motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
lIECONSIDERATION OF AMENDMENT TO ADMISSIONS TAX ORDINANCE: The City Manager presented
a report dated June 5, 1969 reviewing the provisions of an Urgency Ordinance which
had previously been adopted by the City Council deleting the admissions tax Lfor
certain individuals attending special events at the Los Ala~tttos Race Track. The
City Manager reviewed the various special events which had been held during the
last racing meet and indicated that unless otherwise directed by the City Council,
the Urgency Ordinance would remain in effect.
It was moved by Councilman Bowan, seconded by Councilman Noe and unanimously carried
to receive and file the report dated June 5, 1969 from the City Manager regarding
Admissions Tax for Special Events.
- 12 -
CONSIDERATION OF INITIATION OF PROPOSED ANNEXATION N0.69-3 - SOUTH SIDE OF LINCOLN
WEST OF VALLEY VIEW: The City Manager presented a report dated June 5, 1969, indi-
cating that the Local Agency Formation Commission at its meeting of April 9, 1969,
approved the boundaries of proposed Annexation No. 69-3 which is located on the
south side of Lincoln Avenue immediately west of Valley View and consists of approxi-
mately 20 acres of property having an assessed valuation of $160,940. The City
Manager stated that with the approval of the Local Agency Formation Commission, the
City Council is now authorized to proceed with the annexation.
The City Manager stated that this annexation includes that area proposed to be
developed as the main Cypress Post Office facility.
It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the follow-
ing Resolution by title only, title as follows:
RESOLUTION NO, 981
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE
CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SAID CITY
CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED
AS "ANNEXATION NOo 69-3" AND SETTING FORTH ITS REASONS FOR
DESIRING SAID ANNEXATION AND GIVING NOTICE OF HEARING
REGARDING SAID RESOLUTION.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ASSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF REQUEST FOR WAIVER OF BUSINESS LICENSE FEES FOR AREAS IN ANNEXATIONS
NO. 68-2 AND 68-3: The City Manager indicated that this matter did not require City
Council action.
It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously
carried to receive and file the report dated June 5, 1969 from the City Manager
regarding waiver of business license fees for Annexations No. 68-2 and 68-3.
CONSIDERATION OF CITY MANAGER'S VACATION REQUEST: The City Manager presented a
report dated June 5, 1969 reviewing the schedule of activities for the new fiscal
year and requesting that the City Council approve his vacation to com~aence on June
27, 1969 and to end on 3uly 18, 1969.
Following discussion regarding the scheduling of the hearings on the Cypress County
Water District and the Conditional Use Permit for ~att Die Cast, it was moved by
Council~ Noe, seconded by Councilman Bowshand umanimously carried toauthorize
the City Manager to take his vacation conu~encing on June 27, 1969 and ending on
July 18, 1969.
CERTIFICATION OF EMPLOYMENT LIST - JR. ENGINEERING AIDE: The City Manager presented
a report dated June 9, 1969, reviewing the results of an open competitive examina-
tion which was conducted for the position of Jr. Engineering Aide.
It was moved by Councilman Noe and seconded by Councilman Bowen to certify the em-
ployment list for Jr. Engineering Aide as submitted. The motion was~4~nimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CERTIFICATION OF EMPLOYMENT LIST - MAINTENANCE AIDE: The City Manager presented a
report dated 3une 5, 1969, reviewing the results of an open competitive .examination
which was conducted for th~ position of Maintenance Aide.
It was moved by Councilman Bowen and seconded by Councilman Noe to certify the em-
ployment list for Maintenance AIde as submitted° The motion was unani~usly carried
by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
- 13 -
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS 'NO. 21411 THROUGH
21514: It was moved by Councilman Noe and seconded by Councilman Bowen to approve
the Commercial Warrant List for Warrants No. 21411 through 21514 in the amount of
$69,533.67 as presented° The motion was unanimously carried by the following roll
call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
SECOND READING ORDINANCE RE: AMENDMENT TO~ZONING ORDINANCE NO. 90, VISION CLEARANCE -
CORNER OR REVEPaE,CeRNER LOTS: It was moved by Councilman Bowenand seconded by
Councilman Harvey to read the following Ordinance by title only. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
Title of the Ordinance is as follows:
ORDINANCE NO. 413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTION 12507 OF THE ZONING ORDINANCE NO. 90, "VISION CLEARANCE -
CORNER, OR REVERSE CORNER LOTS", AUTHORIZING THE PLANNING DIRECTOR
TO WAIVE THE TRIANGULAR SAFETY VISION AREA IN SPECIFIC CASES.
It was moved by COuncilman Bowen and seconded by Councilman Noe to adopt the second
reading of this Ordinance° The m~tton was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
ORAL COMMUNICATIONS:
Mr. Richard Boo, 4631 Newman Avenue, Cypress, California addressed the Council
indicating that the property owners who had artended the meeting in regard to
Hyatt Die Cast had generally been disappointed with the action taken by the
Council, since they feel that the action taken by the Council would most likely
result only in the imposition of stronger conditions upon the Hyatt Die Cast
operation.
General discussion was held regarding the legal procedures which are required to be
followed in the revocation or modification of a Conditional Use Permit, following
which the City Attorney stressed to Mr. Boo, the desirability of having these
property owners submit their complaints as a part of the public hearing on this
matter, since the statements presented prior to the public hearing would not be
taken into consideration in a legal ac~ton.
Councilman Harvey stated that the Council is desirous of resolving these problems
at the Hyatt Die Cast Plant; however, in so doing, it is required to conform to
certain procedures~
In response to various questions, the City Attorney explained that whatever
action the Council may deem necessary to take in reference to modification or
revocation of the Conditional Use Permit for Hyatt Die Cast, a public hearing is
the first step necessary.
ADJOURNMENT:
There being no further business to come before the City Council, it was moved by
Councilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn
the meeting at 10:40 pom.
ATTEST:
CITY CL~RK OF THE CiTY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
- 14-