Minutes 70-02-09MINUTES OF A REGUALR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
February 9, 1970
The regular meeting of the Cypress City Council was called to order at 4:00 p.m., on
Monday, February 9, 1970 in the City Council Chambers, 5275 Orange Avenue, Cypress,
California, Mayor Delno G. Kanodepresiding.
PRESENT: Councilmen Bowen, Kanel and Kenode
ABSENT: Councilmen Harvey and Nee
Also present were City Manager/City Clerk Dartell Essex, City Attorney James E.
Erickson, and the followin8 members of the City Staff: Dunlap, Grissom, Peerthor
and Schatzeder~
MINUTES:
It was moved by CouncilmanKanel, seconded by Councilman Bowen and unanimously
carried to defer consideration of the Minutes of the meetings of January 24, 1970
and January 26, 1970 until the evening session of the City Council meeting.
COUNCILMAN HARVEY ARRIVED AT 4:02 P.M. AND TOOK HIS PLACE ON THE PODIbM.
Upon the request of the City Manager, it was moved by Councilman Bowen, seconded
by Councilman Kanel and unanimously carried to place consideration of an agreement
between the Larwin Company and the City of Cypress for inclusion of the improvements
required to be installed by Larwin Company on Moody Street in the City's Street
Improvements Project on the agenda at this time.
The City Manager indicated that Larwin Company is required to improve a section
of Moody Street as a condition of approval of Division of Land No. 19 and has
requested that the City include the improvements required to be installed by Larwin
Company in its street improvement project for this area. Larwin Company will
advance funds in the amount of $6,100 to cover the costof their improvements and
this amount will be deducted from the original bond amount posted to guarantee im-
provements in connection with Division of Land No. 19.
The City Attorney advised that he has reviewed the form of the proposed Agreement
and finds it satisfactory.
In response to an inquiry from Councilman Bowen, the Public Works Director reviewed
the scheduling of the City's Arterial Highway Financing Project on Moody.
It was moved by Councilman Bowen and seconded by Councilman Kanel to approve the
Agreement with Larwin Company for inclusion of the street improvements required
in connection with Division of Land No. 19 in the City's Arterial Highway Financing
Project on Moody Street, Phase II of Street Project No. 6901-10-0445, and to authorize
the Mayor to sign and the City Clerk to attest the Agreement on behalf of the City.
The motion was uz~animously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMAN:
Bowen, Harvey, Kanel and Kanode
None.
Nee
It was moved by Councilman Kanel and seconded by Councilman BoweO to authorize a
reduction in the a~ount of the bond posted in connection with DivSsion of Land No.
19 in the amount o~ $6,100, which is the cost of the M~ody Streetimprovements,
which has been forwarded by Larwin Company. The motion was unanimously carried by
the following rollcall vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode
NOES: 0 COUNCILMEN: None.
ABSENT: 1 COUNCILMAN: Nee
The City Manager advised that the term of Mr. Jerry Mullet as a member of the Advisory
Traffic Comittee would expire on March 11, 1970, following which it was moved by
City Council Minutes February 9, 1970
Councilmmn Harvey, seconded by Councilman Bowen and unanimously carried to place
this matter on the agenda for consideration at this time.
Mayor Kanode indicated that he would wish to reappoint Mr. Jerry Mullen to the
Advisory Traffic Committee for a two-year term.
It was moved by Councilman Bowen and seconded by Councilman Harvey to concur in the
Mayor's reappointment of Mr. Jerry Mullen to the Advisory Traffic Committee for a
two-year term to expire on March 11, 1972. The motion was unanimously carried by
the following roll call vote:
AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kanode
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMAN: Noe
The City Manager reviewed a request which has been received from the Larwin
Company for authorization to erect a proto-type house within the City Of CypresS.
This type of structure is an attempt to develop and test new types of materials,
portions of which will be prefabricated. The City Manager indicated that since
many of the materials which will be tested in this proto-type house are not covered
in the specific code sections utilized by the City, Larwin Company has been requested
to post a bond in the amount of $3,000 for removal of the structure in the event
the proto-type house does not meet the requirements imposed on general construction.
At this time, the City Manager reviewed a memorandum from the Building Superintendent
explaining the concept of the proto-type house and suggesting various conditions
and methods of control to be in~osed upon the construction of this type of structure.
The City Attorney indicated that while experimental materials do not fall within
the Building Code, there is a provision that building officials can permit slternate
materials to be used if they feel that they are similar to those authorized by the
Building Code. He further reviewed the provisions of the proposed Agreement which
indicated that the proto-type house would not be sold prior to the end of a five-year
testing period.
General discussion ensued in regard to the concept of a proto-type house and the
effect it would have on the property values and general aesthetics in the area in
which it was to be located.
In response to an inquiry from Councilman Kanel, the City Manager advised that the
$3,000 bond would cover the cost of relocating the dwelling in the event it was not
considered a compatible type of construction. The City Manager further explained
that this house could not be sold during the five-year experimental period.
In response to an inquiry from Councilman Harvey, the City Manager advised that the
tenant of the house would be aware that it was an experimental structure and that
continuous inspections would be made of the house.
Councilman Harvey expressed his concern over potential problems of incompatibility
which later may be raised in regard to a house of this type if inspections were not
properly conducted.
In response to an inquiry from Councilman Kanel, the City Attorney advised that a
factory-designed and constructed structure would be subject to State inspection;
however, the subject proto-type house would be subJect only to inspection by City
officials.
In response to a question from Councilman Harvey relative to the criteria to be
established which would provide Justification for the house being removed or allowed
to remain, the City Manager advised that the periodical inspections made by the
Building Department would provide evidence as to whether or not the materials used
in the house would be compatible with the surrounding homes in the community. He
further advised that the only way in which this determination could be made would
be through the development of the experimental house. The City Manager also explained
that the reason for removing such a house would be that it is structurally unsound;
however, the City Council may impose any other criteria for removal.
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City~qf~cil Minutes
February 9, 1970
FollOwing general discussion as to the criteria which could be established for
Justification for removalof the homes, it was generally agreed that this matter
would be.continued until the next City Council meeting with tha various conditions
which could be imposed upon this structure to be presented at that time for considera-
tion by the City Council.
The,CityManager presented the Council with the Statement of Financial Interest
forms tobe submitted to the County Clerk by all city officials, along with the City
Attorney's Opinion regarding these statements.
The City Attorney reviewed differences which have arisen between his opinion,
which was the opinion agreed upon by all Orange County City Attorneys, the
County Counsel and the District Attorney, and the opinion which has been given by
the State Attorney General. Basically, the Orange County City Attorneys have agreed
that an individual need not list the actual value of an investment over $10,000,
while the State Attorney General feels that the exact amount should be indicated~
Also, the Attorney General has indicated that if an official does not have assets
over $10,000 he need not file a financial statement, while the Orange County City
Attorneys feel that an individual should file the financial statement regardless of
whether he has assets over $10,000.
The City Attorney further indicated that a case regarding this matter is pending
in the City of Carmel which when decided will clarify some of the provisions of the
newly-enacted State Law.
The City Attorney also reviewed the requirements for filing not only the financial
disclosure statement but also the political contributions and ca~aign statements
which are required to be filed by City Council candidates. He further advised that
the Council would be apprised of any additional information which occurs in regard
to the filing requirements of these statements.
Mr. Charles Bryant, Director of the Cypress Recreation and Park District, addressed
the Council introducing Mr. Marvin DiCarlo, the Intern for the Cypress Recreation
and Park District~ who is completing his requirements in the Recreation Study Program
at Fresno State College~
The City Manager reviewed the rasults of the meeting held to form a citizens'
committee in support of the propose~ Park Bond Issue and indicated'
that several questionnaires were received during and after the meeting, which indicated
that a number of citizens were interested in supporting the Park Bond Issue°
General discussion ensued relative to the formation of a citizens' committee in
favor of the Park Bond Issue and it was generally agreed to contact Messrs~ Earl
Zynda and Jerry Mullen to determine their interest in serving as co-chairmen of
this committee.
Discussion was held relative to the effect the recent Los Angeles Times' article
regarding the proposal for the Naval Air Station to close its operation would have
on the City's attempts to relocate the Naval Air Station and it was agreed that the
City would continue its efforts to relocate the facility in view of the possibility
of the Navy appealing the decision of the Defense Department in this metter~
The City Manager indicated that the recent announcement has had no impact on the
Veterans and Federal Housing Administrations' decision to refuse to finance the
construction of Tract 6657, which is near the landing pattern of the Air Station.
Hefurther indicated that the announcement has had no impact on the Los Alamitos
Naval Air Station officials' plans to proceed with the extension of the runways°
Upon the request of the Mayor, it was moved by Councilman Kanel, seconded by
Councilmen Bowen and unanimously carried to place consideration of a communication
dated February 5, 1970 from the Woman's Club of Cypress on the agenda for considera-
tion at this time.
CONSIDERATION OF REQUEST FROM THE WOMAN'S CLUB OF CYPRESS RE: PROCLAMATION OF
BEAUTIFICATION WEEK AIqD BEAUTIFICATION DEDICATION SUNDAY: The Mayor read in full a
communication dated February 5, 1970, from Mrs. 3ohn C, Leneker, President of the
Woman's Club of Cypress, requesting the City Council to proclaim the week of April
12-19, 1970, as "Beautification Week" and to declare April 19, 1970 as "Beautification
Dedication Sunday" in the City of Cypress.
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City Co~mcil Minutes
February 9, 1970
It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously
carried to proclaim April 12-19, 1970, as "Beautification Week" and to proclaim
April 19, 1970 as "Beautification Dedication Sunday" in the City of Cypress.
Mayor K~node reviewed the recent action taken by the Executive Connnittee of the
Orange County Division of the League of California Cities relative to the Orange
County Harbor District. He further indicated that the Orange County officials
have commenced a review of the provisions of the Bill proposed by Assemblyman Cory
whereby the Orange County Harbor District would be enlarged to include parks.
It was generally agreed that Mayor Kanode would restate the City Council's original
position on this matter in seeking the dissolution of the Orange County Harbor
District.
RECESS:
It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously
carried to recess at 5:29 p.m. until 7:30 p.m. that evening.
CALL TO ORDER:
The meeting was called back to order at 7:30 p.m., with the following in
attendance:
PRESENT:
ABSENT:
Councilmen Bowen, Harvey, Kanel, Nee and Kanode
None
Also present were City Manager/City Clerk Darrell Essex, City Attorney James
Erickson, and the following members of the City Staff: Putnam, Schatzeder,
Poertner, Dunlap, Grissom, Robertson.
PLEDGE OF ALLEGIANCE:
Cypress Boy Scout Troop NO. 206 led the City Council and audience in the Pledge
of Allegiance.
MINUTES:
It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously
carried to approve the minutes of January 24, 1970 as mailed.
It was moved by Councilman Harvey, seconded by Councilman Nee and unanimously
carried to approve the minutes of January 26, 1970 as mailed.
ORAL COMMIINICATIONS:
Mr. Jim Lockridge~ 5314 Vista Del Sol, Cypress, addressed the Council stating
that he is a member of the Citizens' Advisory Committee for Cypress School
Improvements, and was particularly concerned with the lack of sidewalks for
the children to use while walking to and from school. Mr. Lockridge also
inquired about the property located on Orange and Grindlay Street, west of
the Civic Center. l~ae City Manager advised that there are plans for this
particular property, and that if developed, sidewalks would be installed along
the subject property. The City Manager also advised that a meeting with the Cypress
School Superintendent and representatives of the Citizens' Advisory Committee is
scheduled for February 16, 1970, at which time the possibility of cooperative street
improvements between the school district and the City will be discussed.
Discussion ensued as to the various assessment procedures, available for construction
of street in~provements, at which time the City Attorney reviewed the procedures to
be followed in requiring the installation of street in~rovements under the
provisions of the 1911 and 1913 Assessment District Acts.
Mr. C. J. Hellis, 5657 Pine Court, addressed the Council stating that he was
representing homeowners in his neighborhood who were concerned with the location
of the proposed Teen Center. Mr. Hellis indicated that the homeowners had
expressed anxiety in regard to the noise which could result from large groups
at the Center, as well as problems which could result because of bright lighting,
and further stated that he felt that parking would be too limited at the facility,
which would result in cars parking along Graham Street.
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City Council Minutes
February 9, 1970
A{ the suggestion of Councilman Kanel, the Park and Recreation Director, Mr. Charles
Bryant, addressed the Council stating that he did not feel that there would be
any problem with the parking, in that 72 spaces should be more than adequate. He
further stated that the Park and Recreation District has been working
with the Cypress Junior Women's Club in an effort to establish programs at the
Teen Center, and in his opinion, the programs are not the type that would be
disturbing. In response to an inquiry from Councilman Harvey, Mr. Bryant
stated the youth in the community, along with the Cypress Junior Women's Club
felt that the site because of the ample space for parking; the little difficulty
which would be encountered in having utilities connected; and the location of the
site near the center of the community.
Mayor Kanode announced that it was 8:00 p.m., and time to proceed to the Public
Hearings.
It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously
carried to continue the matter involving the Teen Center until after the Public
Hearings.
CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AMENDMt~qT TO CHAPTER 23 OF
CYPRESS CITY CODE REGARDING ROOF SIGNS: The Mayor announced this was the time
and place for the continuation of the Public Hearing to consider an amendment
to the Cypress City Code regarding roof signs, initiated by the Cypress Planning
Commission.
The Mayor announced the Public Hearing was open, and requested the Staff to
present its reports.
The City Manager presented a report dated February 4, 1970, which stated that the
affidavit of posting of the Notice of Continuation is on file in the office of the
City Clerk, and that the Planning Director will give a presentation of his further
investigations.
In response to an inquiry by Councilman Bowen, the City Attorney advised that it was
not necessary to take the Public Hearings in order.
It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously
carried to continue this Public Hearing after item no. 2 on the agenda is heard.
PUBLIC HEARING RE: CONSIDERATION OF APPLICATION FOR LIVE ENTERTAINMENT PERMIT--
UNICORN RESTAURANT: The Mayor announced this was the time and place for the
consideration of an application for a Live Entertainment Permit, requested by Mr.
Allan Roberts, 3251 Mainway Drive, Los Alamitos, proprietor of the Unicorn
Restaurant.
The Mayor declared the Public Hearing open, and requested the Staff to present its
report.
The City Manager presented a report dated February 5, 1970, which indicated that
the affidavits of publication, posting and mailing of the Public Hearing notices
on this matter are on file in the office of the City Clerk, and that no written
communications either in favor of or in oppposition to the granting of this permit
have been received. The report further stated that the Live Entertainment Permit
would permit a pianist and band at the Unicorn Restaurant, 5960 Cerritos Avenue,
Cypress. The Police Department has completed its investigation as required by
the City Code and finds no cause to protest the application.
In response to an inquiry from Councilman Kanel, the City Manager stated that
the band ~ould probably be a three-piece unit as the Unicorn Could not accomodate
a much larger group.
Mr. Allan Roberts, proprietor of the Unicorn Restaurant, addressed the Commission,
and in answer to an inquiry from Councilman Bowen stated that he does have plans to
remodel the restaurant. Councilman Harvey expressed concern that if the equipment
was to be amplified, perhaps it would create a disturbance. Discussion ensued,
and it was the general feeling of the Council that this would probably not be
a problem in this case, as the restaurant is not located in a residential area.
Mrs. Jane Ginns, 4573 Rainier Drive, Cypress, addressed the Council suggesting
that the Public Hearing be postponed until the Unicorn REstaurant is remodeled.
Mayor Kanode explained that the permit would be subject to annual review.
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City Council Minutes February 9, 1970
Councilman Harvey stated that he was not aware of any previous complaints for
permits issued to Mr. Roberts in the past and it would appear that the applicant
is atter~pting to comply with the requirements of the Live Entertainment Permit.
There being no written communications and oral protests, the Mayor declared the
Public Hearing closed.
It was moved by Councilman Kanel and seconded by Councilman Noe that the Live
Entertainment Permit for a pianist and band at the Unicorn Restaurant be approved
for a period of one year.
Discussion ensued, and it was requested by Councilman Harvey that the motion
be amended to approve the Live Entertainment Permit for a period of six months,
after which time it would be extended to one year providing that complaints have
not been filed.
Following discussion, it was agreed by Councilman Kanel and Councilman Noe to
amend the motion to read as follows:
It was moved by Councilman Kanel and seconded by Councilman Noe that the Live
Entertainment Permit for a pianist and band at the Unicorn Restaurant be approved
for a six month period, at which time the Permit would be extended to one year,
providing there have been no complaints filed. The motion carried unanimously
by the following roll call vote;
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AMENDMENT TO CHAPTER 23 OF
CYPRESS CITY CODE REGARDING HOOF SIGNS: The Mayor announced that the Public
Hearing was open and requested the Planning Director to give his presentation.
The Planning Director presented several slides of a variety of shops and businesses
in the Cypress area, comparing the location of the signs. The Planning Director
then gave diagrams to the Council which clarified where signs would be located
according to the various roof slopes.
Following discussion, the Mayor asked if anyone in the audience wished to speak
in favor or against the proposed sign amendment.
Mr. Bruce Smith, 10272 Mardel Drive, Cypress, addressed the Council and inquired
as to whether this Ordinance would prohibit roof signs such as ones currently
used by several of the restaurant chains. The Planning Director replied these
signs would be prohibited.
Discussion ensued as to time limitations on the amortization of non-conforming signs,
and in response to an inquiry by Councilman Harvey, the Planning Director stated that
he did not feel that many businesses in the newer shopping centers would be in
violation.
Following discussion, the City Attorney advised that the amortization periods in
the sign ordinance are reasonable, and further advised that the Council may proceed
without a special ordinance regarding amortization.
Mr. Richard Koppang, 4024 Berwick Cto, Cypress, addressed the Council stating
that he was very much in favor of the proposed Ordinance, and that he felt that
it would be very compatible with other community programs such as the Urban
Townscape.
It was moved by Councilman Bowen and seconded by Councilman Harvey to read the
following Ordinance by title only.
The motion was unanimously carried by the following roll call vote:
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City Council Minutes February 9, 1970
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode
~ NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
Title of the Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTION 23-17 OF CHAPTER 23 OF THE CYPRESS CITY CODE, "EXTENSION
OVER ROOF LINE."
It was moved by Councilman Bowen and seconded by Councilman Harvey to approve
the first reading of this Ordinance. The motion was unanimously carried by
the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
RECESS:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
Mayor Kanode declared a recess at 9:05 p.m.
The meeting was called back to
order at 9:15 p .m. with all Councilmen in attendance.
ORAL COMMUNICATIONS: (Continued)
Further discussion on the Teen Center resumed, at which time the City Manager
reviewed the plans for the construction of the Teen Center facility, including
landscaping, and explained the type of recreational programs planned for the facility
which would be designed to handle small groups of teenagers. The City Manager
further explained that the large teenage functions would be held at other facilities
within the community.
In response to an inquiry by Councilman Kanel, the City Manager stated that
the Teen Center will be a public recreational facility controlled by the City.
Discussion ensued as to the location of the facility in relationship to the
residential area. The Planning Director stated that all openings faced away
from the residential area; that low-lighting will be installed; and that the lights
for the outdoor activity court will not be facing the residential area.
Mr. C. J. Hollis stated that the information had cleared his doubts, and that
he had not seen a diagram of the proposed Teen Center before. Councilman Noe
suggested that Mr. Hollis take a copy of the diagram, which perhaps would be
beneficial to his neighbors.
In response to an inquiry by Mr. Hollis, the City Manager advised that improvements
to Graham Street are not planned for this year, but the City will plan for improve-
ments as they are needed.
COMMUNICATION FROM THE ORANGE COUNTY MOSQUITO .ABATEMENT DISTRICT: The City
Kimball, District Manager of the e q Abatement District,
transmitting a copy of the Minutes of the Board of Trustees Meeting held
January ~ 5, 1970.
It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously
carried to receive and file this communication.
COMMUNICATION FROM THE LOCAL AGENCY FORMATION COMMISSION ADVISING OF HEARING TO
CONSIDER EXCLUSION OF CITY OF LA PALMA FROM THE CYPRESS PARK AND RECREATION
DISTRICT AND THE FORMATION OF THE LA PALMA RECREATION AND PARK DISTRICT: The City
Manager reviewed a report dated January 27, 1970 from Mr. Richard T. Turner,
Executive Officer of the Local Agency Formation Commission, advising that the
hearing to consider the proposed exclusion of the City of La Palma from the Cypress
Park and Recreation District and the formation of the La Palma Recreation and Park
District has been scheduled for February 11, 1970 at 2:00 p.m.
City Council Minutes February 9, 1970
The report further stated that in the event the withdrawal is approved, the City
of Cypress would be in a position to reevaluate its position with the District
since the City would be the only incorporated area served by the District. It
would appear at this time that withdrawal of the City of La Palma from the Cypress
Park ~nd Recreation District would not have an adverse effect on the City.
Councilman Noe stated that he wished the record to reflect that since he is
a member of the Local Agency Formation Commission, he would not enter into
the discussion, and would abstain from voting, both on the exclusion of the City
of La Palma from the Cypress Park and Recreation District, and the proposed Hoffman
Annexation to the City of Buena Park, which is the next item for consideration.
It was moved by Councilman Harvey and seconded by Councilman Bowen that the City
Manager notify the Local Agency Formation Commission that the City Council of the
City of Cypress has no objection to the proposed reorganization submitted by the
City of La Palma, as outlined in the report.
The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED: 1 COUNCILMAN:
Bowen, Harvey, Kanel and Kanode
None
None
Noe
COMMUNICATION FROM THE LOCAL AGENCY FORMATION COMMISSION ADVISING OF A HEARING TO
CONSIDER A PROPOSED ANNEXATION TO THE CITY OF BUENA PARK: The City Manager
reviewed a report dated February 5, 1970 which stated that the City had received
a communication dated January 30, from Mr. Richard T. Turner, Executive Officer
of the Local Agency Formation Commission, advising that the hearing to consider a
proposed annexation to the City of Buena Park, known as Hoffman Annexation No. 5,
has been scheduled for February 25, 1970. The report further stated that the
annexation consists of approximately 10 acres of uninhabited land located on the
north side of Lincoln east of Hoffman Street, and that the proposal appears to be
a logical extension of the City of Buena Park's boundaries.
Following a discussion of the alignment of boundaries between the City of Cypress
and the City of Buena Park, the City Manager indicated that a communication would
be sent to the City of Buena Park requesting consideration of city boundary
adjustments on Holder Street, between Valley View and Orange Avenue.
It was moved by Councilman Harvey and seconded by Councilman Bowen to authorize
the City Manager to notify the Local Agency Formation Commission that the Council
has no objection to the proposed annexation to the City of Buena Park, as outlined
in the report. The motion was carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED:i COUNCILMAN:
Bowen, Harvey, Kanel and Kanode
None
None
Noe
.~QNSIDERATION. OF ACCE~_~TAN~E OF AND RELEASE OF BONDS--TRACT NO. 6053: The City
Manager presented a report from the Public Works Director dated February 5, 1970
which indicated that the public improvements within Tract 6053 have been satisfactorily
completed and could be accepted by the City Council at this time.
It was moved by Councilman Noe and seconded by Councilman Harvey to accept the
improvements within Tract 6053 as having been satisfactorily completed in accordance
with plans and specifications and authorize the City Clerk to release the Monumen-
tation Bond, and Labor and Materials Bond upon the expiration of the required
lien period providing no mechanics liens have been filed, and to hold the Performance
Bond for a period of one year to guarantee against any defects in material and
workmanship. The motion was unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode
0 COUNCILMEN: None
0 COUNCILMEN: None
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City Council Minutes February 9, 1970
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF SIDEWALK BOND:
The City Manager presented a report from the Public Works Director dated February
5, 1970 which stated that Tract 5704 Sidewalk Bond improvements on the north side of
Ball Road, 464 feet west of Walker Street have been satisfactorily completed in
accordance with plans and specifications.
It was moved by Councilman Noe and seconded by Councilman Kanel to accept the
iraprovements and to authorize the City Clerk to release the bonds guaranteeing
construction of said improvements after the required period has passed provided
no liens have been filed. The motion carried unanimously 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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR IMPROVEMENTS
FRONTING 6452 ORANGE AVENUE, VARIANCE NO. V-256~ SPECIAL PROJECT N0.90: The
City Manager presented a report from the Public Works Director dated February
9, 1970 which stated that the public improvements constructed as a Condition of
Approval of Variance #256 located at 6452 Orange Avenue, have been completed in
accordance with plans and specifications and have been recommended for acceptance
by the Public Works Director. The report further stated that one street light
remains to be installed; however, a letter from the Southern California Edison
Company has been received which states that all charges have been paid, and
construction should begin on February 15, 1970.
It was moved by Councilman Harvey and seconded by Councilman Bowen to accept the
public improvements fronting 6452 Orange Avenue, and to authorize the City Clerk
to release the Labor and Materials Bond upon expiration of their required lien
period providing no Mechanics Liens have been filed with the Performance Bond
to be held for one year from the date of acceptance to guarantee against any
defects in material and workmanship. 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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR IMPROVEMENTS
AT THE SOUTHWEST CORNER OF WALKER STREET AND ORANGE AVENUE: The City Manager
reviewed a report from the Public Works Director dated February 5, 1970, stating
that the total~nprovements at the southwest corner of Walker and Orange Avenue
have been completed in accordance with plans and specifications.
It was moved by Councilman Kanel and seconded by Councilman Harvey to accept the
public improvements on Walker Street and Orange Avenue as being satisfactorily
completed in accordance with the plans and specifications, and to authorize the
City Clerk to release the Labor and Materials Bond upon the expiration of the required
lien period providing no mechanics liens have been filed, and to hold the Performance
Bond for a period of one year in order to guarantee against defects in mate~iaI
and workmanship in the public improvements. The motion was carried unanimously
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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR PHASE II
OF PROJECT NO. 7008-90, TREE PLANTING AT VARIOUS LOCATIONS IN THE CITY: The
City Manager reviewed a report from the Public Works Director dated February
5, 1970, which stated that work of supplying and planting trees was satisfactorily
completed by the contractor in accordance with plans and specifications on January
14, 1970.
It was moved by Councilman Noe and seconded by Councilman Bowen to accept
Project #7008-90-0000, Phase II, tree planting, as being satisfactorily completed
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City Council Minutes
February 9, 1970
in accordance with plans and specifications, and to authorize the release of
labor and materials bond at the end of the lien period, and to release the faithful
performance bond at the end of one year from the date of completion of the contract.
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 ABATEMENT OF NUISANCE AT THE NORTHWEST CORNER OF BALL ROAD
AND WALKER STREET (CYPRESS PLAZA SHOPPING CENTER): The City Manager reviewed
a report from the Public Works Director dated February 5, 1970, stating that the
City Council, at its regular meeting of October 14, 1969, adopted Resolution
#1012, which ordered the abatement of the nuisance on the property located at
the northwest corner of Walker Street and Ball Road. The report further stated
that the owner did not comply with the order within thirty days from the date of
mailing, and did not abate the nuisance within the thirty day time period allowed
by the Council; therefore, a purchase order was awarded to the low bidder in the
amount of $1,675.00 to abate the nuisance as described in the Resolution #1012.
The work of abatement was completed on November 21, 1969 with final leveling
and clean up completed on December 1, 1969, with administrative costs in the
amount of $251.25 added to the charge from the contractor to cover the City's
cost of preparing legal notices, resolutions, obtaining bids, and awarding and
administering the contract. The report further stated that the property owner
was invoiced and requested to pay the costs of the abatement, but failed to do
so; therefore, a resolution has been prepared declaring the costs of the abate-
ment to be a special assessment and lien on the parcel and directing the collection
thereof.
It was moved by Councilman Harvey and seconded by Councilman Noe to confirm the
costs of abatement in the amount of $1,675.00 as stated in the written report
showing such costs submitted to the City Council in accordance with Section 13-20
of the Cypress City Code. 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 Harvey and seconded by Councilman Noe to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1042
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THE COSTS OF ABATEMENT OF A NUISANCE AS A
SPECIAL ASSESSMENT AND LIEN lIPON CERTAIN LAND WITHIN
THE CITY, AND DIRECTING THE COLLECTION THEREOF.
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 SUPPLEMENTING LOS ALAMITOS VOLUNTEER FIRE DEPARTMENT: The City
Manager presented a report dated February 5, 1970 which indicated that the Los
Alamitos City Council is requesting the County Fire Warden to include in the next
Fiscal Year's Budget Fire Service Area, the employment of two full-time firemen
at the Los Alamitos Fire Station, to be employed effective July 1, 1970, rather
than January 1, 1971 which was their previous request.
Following discussion, it was moved by Councilman Noe and seconded by Councilman
Harvey to authorize the City Manager to notify the Orange County Fire Warden's
office that the City Council has no objection to supplementing the Los Alamitos
Volunteer Department by the additional two men, effective July 1, 1970, in the event
it is determined by the County Fire Warden's office that additional manpower is
required prior to January 1, 1971. The motion was unanimously carried by the
following roll call vote:
- 10 -
City Council Minutes February 9, 1970
~ _1.~ AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kenel, Noe and Kenode
None
None
CQNSIDERATION. OF RESOLUTIONS AUTHORIZING THE FILING OF ARGUMENTS AND APPROVING
TP~_TAX STAT~NT_FQR _T~tE PARK BOND ISSUE: The City Manager reviewed a report
dated FebrUary 5, 1970 which explained that pursuant to the requirements of the
EleCtions Code, the City Council is required to adopt a Resolution authorizing
certain of its members to file a written argument for the park bond measure inthe
amount 0f$!,250i000, which was approved to be consolidated with the General
Municipal Election of April 14, 1970. The report further indicated that the
Elections Code provides that a tax statement be approved and authorized to be
mailed to the voters of the City in the form of a Resolution.
Following discussion as to the merits of having the City Council filing the
arguments in favor of the bond proposal, rather than allowing a Citizens' Support
Group to submit the favorable arguments, it was moved by Councilmen Harvey,
seconded by Councilman Noe, and unanimously carried to proceed with the remainder
of the items on the agenda before taking action on this item,
CQ~SIDERATION OF ENDING CITY CODE REGARDING THE TIME FOR ACTION OF THE PLANNING
CQMMIS~ION AND CITY COUNCIL UPON TENTATIVE SUBDIVISION MAPS: The City Manager
reviewed a report dated February 5, 1970 which stated that the City Attorney, in
comparing the current provisions of the City of Cypress Code with the requirements
of the Subdivision Map Act regarding the time required for action on tentative
subdivision maps by both the Planning Commission end City Council, has recommended
that the City Code be consistent with the State Code in this regard, end indicated
that the attached Ordinance will clarify this matter.
It was moved by Councilman Noe end seconded by Councilmen 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 Kenode
None
None
Title of the Ordinance is as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING SECTIONS 25-17 AND 25-18 OF THE CYPRESS CITY
CODE REGARDING THE TIME OF ACTION OF THE PLANNING
COMMISSION AND CITY COUNCIL UPON TENTATIVE SUBDIVISION
MAPS°
It was moved by Councilmen Noe and seconded by Councilman Bowart to approve the
first reading of this Ordinance. 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 EXTENSION OF TIME OF THE TEMPORARY APPOINTMENT OF FRANK
BIRKINSHAW: The City Manager presented a report dated February 5, 1970, which
stated that pursuant to budget authorization, the City employed Mr. Frank Birkinshaw
as a temporary Public Works Inspector on July 1, 1969, for the primary purpose
of assisting in inspecting the maJ or storm drain system which was to be under
construction during this time period. The report further stated that the Personnel
Resolution of the City authorizes a temporary appointment of this type to be
approved by the Department Head and City Manager for a period not exceeding 180
days, after which, additional thirty day extensions can be approved only by a
4/5 vote of the City Council. The report stated that based on this requirement,
the City Council, at its regular meeting of January 12, 1970, approved the first
30 day extension to February 12, 1970.
- 11-
City Council Minutes
February 9, 1970
It was moved by Councilman Noe and seconded by Councilman Harvey to confirm the
second 30 day extension on this appointment to March 9, 1970. The motion was
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Fanel, Noe and Fanode
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CONSIDERATION OF EMPLOYMENT LIST FOR POLICE AGENT: The City Manager presented
a report dated February 5, 1970 reviewing the results of an open competitive
examination which has been conducted for the position of Police Agent.
It was moved by Councilman Bowen and seconded by Councilman Noe to certify the
employment list for the position of Police Agent~ The motion was unanimously
eartied by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Fanel, Noe and Fanode
None
None
CONSIDERATION OF EMPLOYMENT LIST FOR POLICE DISPATCHER: The City Manager
presented a report dated February 5, 1970 reviewing the results of an open
competitive examination which has been conducted for the position of Police
Dispatcher.
It was moved by Councilman Harvey and seconded by Councilman Bowen to certify the
employment list for the position of Police Dispatcher° The motion was unanimously
carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNICLMEN:
Bowen, Harvey, Fanel, Noe and Fanode
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS N0.23203
T~ROUGH 23345: It was moved by Councilmen Bowen and seconded by Councilman Noe
to approve the Commercial Warrant List for Warrants 23203 through 23345 in the
total.amount of $126,29.48o The motion was unanimously carried by the following
roll dall vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noes and Fanode
None
None
SECOND READING OI{DINANCE RE: GRANTING FRANCHISE TO PACIFIC LIGHTING SERVICE
COMPANY T~ LAy AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING
GAS: It was ~oved by Councilman Bowen and seconded by Councilman Noe to read
the following Ordinance by title onlyo
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Fanel, Noe and Fanode
None
None
Title of the Ordinance is as follows:
ORDINANCE NO, 420
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, GRANTING
=O PACIFIC LIGHTING SERVICE COMPANY, A CORPORATION, THE RIGHT,
PRIV%LEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES
FORTRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES
UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, ALLEYS
AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN
SAID MUNICIPALITY°
- 12 -
C~ Gouncil Minutes
February 9, 1970
It was moved by Councilman Noe and seconded by Councilman Harvey to approve
the second reading of this Ordinance. The motion was unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
SECOND READING ORDINANCE RE: ORDERING~ CALLINGI PROVIDING FOR AND GIVING NOTICE
'OFTA SPECIAL ELECTION TO BE HELD IN SAID CITY ON APRIL 141 1970 FOR THE PURPOSE
OF SUBMITTING A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY FOR A
CERTAIN MITNICIPAL IMPROVEMENT AND CONSOLIDATING SAID ELECTION WITH THE GENERAL
MUNICIPAL' ELECTION: It was moved by Councilman Noe and seconded by Councilman
B~Wen to read the following Ordinance by title only.
Thhmotion 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
Title of the Ordinance is as follows:
ORDINANCE NO o 421
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING,
CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL
ELECTION TO BE HELD IN SAID CITY ON APRIL 14, 1970, FOR
THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID
CITY A PROPOSITION TO INCUR BONDED INDEBTEDNESS BY SAID CITY
FOR A CERTAIN MUNICIPAL IMPROVEMENT AND CONSOLIDATING SAID
ELECTION WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD
ON SAID DATE°
It was moved by Councilman Noe and seconded by Councilman Bowen to approve.
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:
Bowone Harvey, Kanel, Noe and Kenode
None
None
CONT!NUATION OF CQNSIDERATION OF RESOLUTION OF THE CITY COUNCIL APPROVING THE TAN
STATEMENT TO BE MAILED TO VOTERS WITHIN THE CITY: It was moved by Councilman Bowen
and seconded by Councilman Noe to adopt the following Resolution by title only,
title as follOws:
RESOLUTION NOo 1043
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA APPROVING THE TAX STATEMENT
TO BE MAILED TO VOTERS WITHIN THE CITY.
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
ORAL COMMUNICATIONS:
There were no oral communications at this time.
At the request of Councilman Harvey, it was moved by Councilman Noe, seconded by
Councilman Bowen and unanimously carried to place on the agenda at this time,
consideration of sending a letter of commendation to the citizens who participated
in the planting of grass at the park located on Juanits Street.
- 13 -
City Council Minutes
February 9, 1970
It was moved by Councilman Noe, seconded by Councilman Bowen that the City Manager
send letters of commendation to ~he various individuals who participated in the
plax~ti~g of g[a_Seat the Juanits Street Park.
C~un~ilman Harvey requested the list of proposed park names prepared by the
c~tizens' Cqnnn~tee for Park Names, in order that he might pollthe area adjacent
te the park on Juanits Street to determine the most appropriate'namefor the park,
'CeNTtNUATIONOF CONSIDERATION OF RESOLUTION OF THE CITY~C0UNCIL AUTHORIZING CERTAIN
0FITSMEMBERS TO FILE A ~RITTEN ~RGUMENT FOR A CITY MEASURE: The City Attorney
advised that t~e proposed Resolution is required in the event the City Council
w~shesto file the arguments for the bondissue. He further advised that CitiZens'
Support Groups or individuals could file arguments in the event the Councildoes
not adopt the resolution~
In response roan inquiry by Councilman Kanal, the Ciry Attorney advised that
.alc~mbination of names was not possible unless the Councilman signed as an
~individual rather than as Councilman.
The closing date for filing the' arguments has been set for February 20, 1970.
~Fetlowing discussion, it was suggested thatno action be taken on the Resolution
until nextMonday, which would provide an opportunity for aCi~izens' Support!Group
to organize and determine whether or not they wish to file an argument in favor
of the park bond issue.
It was moved by Councilman. Noe, seconded.by CouncilmanBowen and unanimously
carried to adjourn the meeting at 10:30 p,m., until February 16, 1970 at 7:30 p.m.,
in the City Council Chambers.
ATTEST:
MAYOR OF ~}E CITY OF CYPRESS
CITY CLE~/( OF T~E~ITY/OF CYPRESS
- 14 -