Minutes 70-03-23MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
March 23, 1970
9 i o e 7 Avenue,
Cypress, California, Mayor Pro Tem John Kanel presiding.
PRESENT: Councilman Bowen, Harvey, Noe and Kanel
ABSENT: Mayor Kenode
Also present were City Manager/City Clerk Dartell Essex, Deputy City Attorney Bruce
Wallace, and the following members of the City Staff: Dunlap, Poertner, Nudson,
Grissom, Schatzeder, and Putnam.
INURES:
Councilman Harvey indicated that he made the motion regarding the City's policy
concerning the ultimate development of the Los Alamitos Naval Air Station;
therefore, the section under Staff Reports and Discussions, page 1 of the Minutes
dated March 9, 1970, should be amended to read as follows:
"Following discussion, it was moved by Councilman Harvey and seconded by Councilman
Kanel that the City Manager be authorized to notify the appropriate governmental
agencies that representatives from the City of Cypress should be included in planning
and decision making for th~ ultimate development of the Los Alamitos Naval Air
Station property, since th~ Cypress City Officials provided the original leadership in
opposing the expansion of the Naval Air Station."
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried
to approve the Minutes of March 9, 1970 as corrected.
STAFF REPORTS AND DISCUSSIONS.t
The City Manager advised t~at in order to have the Resolutions in sequence, it
would be necessary to adopt the Resolution of Commendation, whi.cb will be
presented to Mrs° Sharron Pritchett in recognition of her efforts in opposing the
Los Alamitos Naval Air Station expansion, at this time.
It was moved by Councilman Not and seconded by Councilman Bowen:to adopt the following
Resolution by title only, title as follows:
RESOLUTION NO. 1054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MRS° SHARRON PRITCHETT FOR HER CONTRIBUTION TO
THE COMMUNITY AS CHAIRMAN OF THE "CITIZENS' COMMITTEE TO
PROTECT THE COMMUNITY WELFARE AND ENVIRONMENT."
The motion was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Bowen, Harvey, Kanel, and Not
None
Mayor Kenode
The City Manager advised the Council that he had received a communication from
the Local Agency Formation Commission which indicated that a hearing is scheduled
for April 8, 1970, concerning the proposed annexation of the area north of Lincoln
Avenue and west of Knott, to the City of Buena Park. It was the general opinion
of the Council that they would have no objection to the proposed annexation.
The City Manager stated that he had received a written request from the President
of Armour Building Company requesting a one-year extension of time for Tentative
Tract Map 6657.
Cit~ Council Minutes ~ ~)~ March 23, 1970
Discussion ensued relative to the location of the property, and the possible effect
the granting of the extension for a one year period could have on the City. In
response to an inquiry from Councilman Kanel, the Deputy City Attorney advised
that the extension would have to be granted before the expiration date, and that
the extension could be granted for any period of time up to two years.
MAYOR KANODE ARRIVED AT 4:30 P.M., TOOK NIS PLACE ON THE PODIUM AND PRESIDED OVER
THE REMAINDER OF THE MEETING.
Councilman Harvey indicated that the Council may wish to reevaluate the Tentative Tract
Map in terms of the park location, in the event the park bond issue is successful.
It was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried
to place the consideration of the extension of time for Tentative Tract Map
for Tract 6657 on the agenda for consideration at this time.
Following discussion, it was moved by Councilman Kanel and seconded by Councilman
Noe to approve the request for an extension of time for Tentative Tract Map for
Tract 6657 for a thirty (30) day period° 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
The City Manager advised that the County Clerk was consid%ring a hearing date for
the proposed detachment of the City of La Palms from the Cypress Park and Recreation
District.
Following discussion regarding the most desirable date for this hearing, as it effects
the City of Cypress, it was moved by Councilman Kanel, and seconded by Councilman
Bowen to authorize the Mayor and the City Manager to inform the Orange County Board
of Supervisors that the date of April 15, 1970, as requested by the City of La Palms,
would be acceptable. The motion was unanimously carried by the following roll call
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCTLMEN~
Bowen, Harvey, Kanel, Noe and Kenode
None
None
The City Manager further advised that this was the earliest possible date that the
hearing could be held due to the publication and notification requirements.
RECESS:
Mayor Kenode declared a recess at 4:38 p~m. The meeting was called back to order
at 4:41 p.m. with all Councilmen present.
The City Manager advised that he had Just been in contact with Supervisor Phillips,
and the date for the hearing before the Orange County Board of Supervisors regarding
the detachment of the City of La Palms from the Cypress Park and Recreation District
has been scheduled for April 22, 1970.
The City Manager reviewed a conmnunication dated March 16, 1970, from the General
Manager of the Orange County Sanitation Districts, regarding the Proposed Uniform Sewer
Connection and Use Ordinance hearing scheduled for April 8, 1970, and advised that
interested parties are invited to attend the hearing or send in their comments.
Councilman Harvey indicated that as the result of studies conducted by an ad hoc
committee, differences of opinions between industry and the District have been resolved,
and, therefore, feels that the proposed Ordinance would be beneficial to the County.
It was the general opinion of the Council that this proposed Ordinance is reasonable,
and would be of benefit to the County.
The City Manager reviewed the various items contained in the Progress Report, dated
March 23, 1970.
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City Council Minutes March 23, 1970
Consideration was given to suggestions of articles to be included in the next edition
of the Newsletter, currently scheduled for May, 1970.
Discussion ensued concerning the Conditional Use Permit which was approved by the
Planning Commission at its meeting of March 19, 1970, which allowed a reduction in
the required setback for a two-story structure from an R-1 zone on property generally
located at 9741 Graham Street~
In response to an inquiry from Councilman Bowen, the Planning Director stated
that all persons within a 300' radius had been notified of the hearing.
The Planning Director presented slides and a report to the City Council
concerning the La Sierra Nursery, located on at the south side of Lincoln, between
Denni and Moody, which has been used to store old cans for the purpose of making
holders for plants° The Planning Director advised that although this was non-conforming
illegal use of the proper=y, the most effective way to correct the situation would
be for the City Council to call for a public hearing todetermine whether or not
the use of the property can be declared a public nuisance.
Following discussion, it was moved by Councilman Noe, seconded by Councilman Kanel
and unanimously carried to place this item on the agenda for consideration at this
time o
It was moved by Councilman Bowen, and seconded by Councilman Kanel to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
FINDING THAT CERTAIN PREI~ISES WITHIN THE CITY MAY BE
MAINTAINED IN SUCH AS WAY AS TO CONSTITUTE A NUISASCH AND
DECLA~RING ITS INTENT TO CONDUCT A PUBLIC HEARING TO
ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE,
THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS
OF ARTICLE 3, CHAPTER 13, OF THE CYPRESS CITY CODE°
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 Kanode
None
None
RECESS:
It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried
to recess at 5:30 pom. until 7:30 p,mo that evening.
CALL TO ORDER:
The meeting was called back to order at 7:30 pom. with the following in attendance:
PRESENT: Councilmen Bowen, Harvey, Kanel, Noe and Kenode
ABSENT: None
Also present were City Manager/City Clerk Dartell Essex, Deputy City Attorney
Bruce Wallace and the following members of the City Staff: Dunlap, Poertner, Putnam,
Schatzeder, Grissom, Nudeon, Savord.
PLEDGE OF ALLEGIANCE:
Cypress Boy Scout Troop No, 161 led the City Council and audience in the Pledge
of Allegiance°
RECOGNITION OF SERVICES OF MRS. SHA~DN PRITCHETT AS CHAII~MAN OF THE CITIZENS'
CbMMITTEE TO PROTECT THE COMMUNITY~LFARE AND ENVIRONMENT: Mayo'r' Kenode read
in full, Resolut'ion No. 105'4 comme~'di~g Mrs ~ S~rron Pritchett for her contribution
to the City as CHairman of the Citizens' Committee to Protect the Com~unity Welfare
City Council Minutes
March 23, 1970
and EnVironment~ and presented the Resolution to Mrs. Pritchett. Mrs. Pritchett
expressed her appreciation to all who helped in the movement to relocate the Los
Alamitos Naval Air Station, and further stated that it had been a pleasure to
work with the City.
ORAL COMMUNICATIONS:
Mrs. Margaret Foltyn, 4014 Selkirk Court, Cypress, presented the City Council with
a progress report on the activities of the Cypress Citizens' Committee for Local
Parks. She explained the purpose of the Committee, and advised of the means by which
the Committee is planning to alert the voters as to the importance of the park bond
issue~
There being no further oral communications, it was moved by Councilman Harvey,
seconded by Councilman Noe and unanimously carried to proceed to item No. 4
on the agenda and to continue until 8:00 p~mo, at which time the Public Hearings
would be heldo
COMMUNICATION FROM "CALIFORNIANS FOR YES ON 7" COMMITTEE REQUESTING ENDORSEMENT
~Y THE CITY COUNCIL OF pROPOSITION 7: THe City Manager reviewed a communication
dated March 9, 1970, from Mro Preston Notchkis, Chairman of the "Californians
for Yes on 7" Committee, requesting formal endorsement of Proposition 7 by the
City Council, The report indicated that Proposition 7 is a proposed Constitutional
amendment to appear on the June 2nd State Primary Election ballot, increasing
the interest rate the State may pay on general obligation bonds from 5% to 7%.
In response co an inquiry by Councilman Kanel, the City Manager advised that
this measure would authorize the maximum interest rate to be 7%.
It was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the following Resolution by title only, ti=le as follows:
RESOLUTION NO. 1056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ENDORSING PROPOSITION 7 W~ICt{ WOULD REMOVE THE FIVE PERCENT
LIMIT THE STATE CAN PAY ON GENERAL OBLIGATION BONDS
Councilman Kanel stated that he would reluctantly be voting in favor of the motion
as he felt that the proposed measure could encourage high interest rates.
Councilman Harvey stated that although he partially agreed with Councilman Kanel,
he felt the measure was needed to adjust to the changes which have taken place
in the bond markets
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL~N:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowan, Harvey, Kanel, Noe and Kanode
None
None
COMMUN%CATION FROM LOCAL AGENCY FORMATION COMMISSION RE: PROPOSED DETACHMENT
OF PORTIONS OF BUENA PARK FROM CYPRESS CITY WATER DISTKICY: The City Manager
reviewed a communication dated March 9, 1970 from Mr. Richard T. Turner, Executive
Officer of the Local Agency Formation Co~nnission, notifying the City of a proposed
detachment from the Cypress County Water District of portions of the City of
Buena Park, which will be the subject of a hearing scheduled before the Commission
on March 25, 1970, and requesting the City Council to submit a report regarding
this matter as soon as possible, The report indicated that the detachment is
located on the northwest corner of Lincoln and Knott Avenue.
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 on this item.
It was moved by Councilman Bowen and seconded by Councilman Kanel to authorize
the City Manager to notify the Local Agency Formation Commission that the City of
Cypress has no objection to the proposed detachment as outlined in the report.
The motion was carried by the following roll call vote:
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City Council Minutes March 23, 1970
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED:i COUNCILMAN:
Bowen, Harvey, Kanel, and Kenode
None
None
Noe
.CQMMUNICATION .F. ROM NElL A. ARMSTRONG EXPRESSING APPRECIATION FROM CR~W OF APOLLO
XI FOR RESOLUTION ADOPTED BY THE CITY COUNCIL: The City Manager presented a
communication Sated March 10, 1970 from Mr~ Nell A. Armstrong, expressing the
appreciation of the crew members of Apollo XI for the Resolution which the City
Council adopted in recognition of the Apollo XI mission.
It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously
carried to receive and file this communication.
Mayor Kunode explained, for the benefit of those in the audience, the Resolution
which was adopted by the City, and then read in full the communication from Mr.
Neil Armstrong°
CO}~TUNICATION FROM ASSOCIATED STUDENT BODY OF CYPRESS COLLEGE EXPRESSING APPRECIATION
.F.OR OPPOR'I'UN,'EY TO PARTICIPATE IN YOUTH IN GOVERNMENT DAY PROGRAM: The City
Manager reviewed a communication dated March 10, 1970, from the Associated
Student Body of Cypress College expressing appreciation to the City Council for
the opportunity to participate in the 1970 Youth In Government Day Program.
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried to receive and file this communication.
COMMI~.ICATI. ON FROM STATE DEPARTMENT OF FINANCE CERTIFYING POPULATION OF CITY OF
CYPRESS AS OF FEBRUARY 1, 1970: The City Manager reviewed a communication dated
March 10, 1970 from the State Department of Finance certifying the population of the
City of Cypress as of February 1, 1970 at 31,600, which represents a population
increase of 2,750 over the population estimate made as of April 1, 1969. The
report further indicated that the official increased population should return
approximately $54,000 in additional revenue.
It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously
carried to receive and file this communication.
COMMUNICATION FROM CITY OF LOS ALAMITOS ADVISING OF POLICY STATEMENT OF LOS
kLAMITOS' CITY COUNCIL' 'IN REFERENCE TO 'FL*~URE USE dF !'I~{E !LOS ALAMITOS NAVAL
AIR STATION: The City Manager reviewed a communfcation dated March 11, 1970
from the City of Los Alamitos transmitting a Statement of Policy of the Los
Alamitos City Council regarding the possible future use of the Los Alamitos
Naval Air Station. The City Manager further indicated that the Orange County
Board of Supervisors has officially approved the development of a committee,
consisting of representatives of the Cities of Seal Beach, Los Alamitos, Cypress,
Garden Grove, Westminster, Stanton, and Buena Park, County representatives,
including the Airport Director, a member of the Planning Conmnission, and a member
of the Airport Commission and the Ralph M. Parsons Company. The purpose of this
Committee would be to develop the highest and best use of the Los Alamitos
Naval Air Station o
Discussion was held concerning the effect the Committee would have in the decision
of the ultimate use of the Naval Air Station.
Councilman Harvey indicated that the City of Cypress has undergone many changes
since 1965, when Economic Research Associates conducted an economic analysis of
the community. Councilman Harvey further suggested that a similar study might be
undertaken at this time which would also analyze the impact of the future development
of the Los Alamitos Naval Air Station property.
It was decided by the Council to move to item No. 2 on the agenda, as it was
time to conduct the Public Hearings, and to continue with this item after the
Public Hearings had been held,
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CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO ZONING
ORDINANCE NO. 90 TO PERMIT CARPORTS IN LIEU OF GARAGES IN ALL R-3 AND R-4
DEVELOPMENTS: The Mayor announced this was the time and place for the continuation
of the Public Hearing to consider an amendment to the Zoning Ordinance No. 90
to permit carports in lieu of garages in all R-3 and R-4 developments.
The Mayor announced the Public Hearing was open and requested the Staff to present
its reports.
The City Manager presented a report dated March 19, 1970, which stated that the
affidavit of posting of the Notice of Continuation of this hearing is on file in
the office of the City Clerk and no written comeunications either in favor of or
in opposition to the proposed amendment have been received.
The Planning Director reviewed the drawings which had been prepared to explain the
effect of this proposed Ordinance and reviewed the reasons which the Planning
Commission had developed in proposing this Ordinance change.
Councilman Bc~en stated that under the present Ordinance, the Council had the
opportunity to review carports and to attach conditions if necessary.
The appearance of carports compared to garagss was discussed, and the Planning Director
indicated that after much study by the Planning Conunission, it was found that carports
tend to be kept nearer and are usually more attractive than garages,
Councilman Bowen expressed concern about the privacy of residents in a single story
home, should a second story structure be constructed adjacent to the property. He
further stated that a 10' parapet wall may not be desirable for single story residents
to view.
There being no written communications oz oral protests, the Mayor declared the Public
Hearing closed~
Following discussion, it was moved by Councilman Kanel and seconded by Councilmen
Not 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, Not and Kenode
None
None
Title of the Ordinance is as follows:
ORDINANCE NO o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDING
SECTION 12103A OF ZONING ORDINANCE N~. 90: "CARPORTS IN LIEU OF
GARAGES"
It was moved by Councilman Kanel and seconded by Councilmen Noe to approve the
first reading of this Ordinance.
Councilman Harvey stated that he would prefer to provide an opportunity for the
residents in areas which might be affected to express themselves, which they can
do if the applicant applies for a Variance; therefore, he is opposed to the Ordinance.
The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
3 COUNCILMEN:
2 COUNCILMEN:
0 COUNCILMEN~
Kanel, Not and Kenode
Bowen and Harvey
None
PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO..Z. ONING ORDINANCE NO. 90 TO
CHANGE THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 TO C-1 AND C-C, ZONE CHANGE
NO, Z-186: The Mayor announced this was the time and place for the Public Hearing
to consider an application for amendment to Zoning Ordinance No, 90, to change
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City Council Minutes
March 23, 1970
the zone of a certain parcel of land from R-1 (Single-family Residential) to C-1
(Neighborhood Stores) and C-C (Civic Center) on property generally located at the
northwest corner of Orange Avenue and Valley View Street, initiated by the Cypress
Planning Commission and known as Zone Change Noo Z-186.
The Mayor declared the Public Hearing open ea~d requested the Staff to present its
reports.
The City Manager presented a report dated March 18, 1970 which stated 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 opposition to the p~osed change of
zone have been received°
The Planning Director reviewed Planning Staff Report PC#70-20, dated February
10, 1970, which advised that the owner of the property had requested a C-2
(General Conmercial) zone; however, the Planning Commission denied this request at
its meeting of January 15, 19 70, and recommended that the subject property be
placed in a C-1 and C-C zones The report further indicated that a C-C zone would
guarantee erchitecturat control of the development of the prot3ertyo
At the request of Councilman Bowen, the Deputy City Attorney reviewed the allowed
uses for property located in a C-1 zone° The Deputy Attorney also reviewed the
various uses which would be permitted under a C-2 zone, had the Planning Commission
not denied the original request.
Councilman Bowen expressed concern that a service station might be constructed
on the subject property, and indicated there are presently a sufficient number of
service stations at the intersection.
Mr. Rennie Reynolds, 10202 Tanforan Drive, Cypress, addressed the Council stating
that he would not be in favor of another service station at the corner.
General discussion ensued relative to the various types of businesses that might
be placed on the property. The Deputy City Attorney advised the Council that
the purpose of the zone change was not to assure the City of what was to be constructed
on the property, and further indicated that the Planning Commission felt the property
was not properly zoned R-l, and that a C-1 zone would be more appropriate.
Mro Howard Tehoff, Secretary of the D&E Corporation, 8906 Olympic Boulevard, Beverly
Hills, representative of the Company which owns the subject property, addressed
the Council speaking in favor of the zone change, and indicated that in his opinion,
the Civic Center Overlay Zone would provide the City Council sufficient controls over
the development of the property°
Following discussion, it was moved by Councilman Bowan and seconded by Councilman
Noe to continue this Public Hearing to the second regular meeting of the City Council
in Aptlit.
The City Council suggested that the applicant consider conducting an economical feasibility
study which could be used to Justify the proposed zone change.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
RECESS:
Mayor Kenode declared a recess at 8:55 pom. The meeting was called back to order
at 9:05 p.m. with all Councilmen present.
COMMUNICATION FROM CITY OF LOS ALAMITOS ADVISING OF POLICY STATEMENT OF LOS
ALAMITOS CITY COUNCIL IN REFERENCE TO FUTURE USE OF THE LOS ALAMITOS NAVAL AIR
STATION (Continued): Following discussion, it was moved by Councilman Noe and
seconded by Counci'lman Bowen to designate Mayor Kenode, the City Manager, and Mrs.
Sharron Pritchett as representatives of the City who will participate in the
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City Council Minutes
March 23, 1970
planning program proposed by the Orange County Board of Supervisors. The motion
wa~ 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
It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried
to receive and file the cormnuntcatton from the City of Los Alamitos.
Further discussion was held regarding the possibility of conducting an economic
feasibility study. Councilman Harvey indicated that a study of this type would
be of assistance to the community in evaluating the potential development of the
Naval Air Station property.
Mrs. Sharron Pritchett addressed the Council reading in full the Resolution from the
City of Los Alamitos with regard to their policy concerning the Los Alamitos Naval
Air Station property.
Following discussion, it was moved by Councilman Harvey and seconded by Councilman
Noe to request the Staff to determine the feasibility of employing a consultant
to conduct an economic analysis of the area immediately affected by the changing
use of the Los Alamites Naval Air Station property. The motion was unanimously
carried by the followin~ roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
COMMUNICATION FROM CHAII~ OF ASSEMBLY TRANSPO~T~T!QN COMMITTEE URGING SUPPORT
FOR ASSEMBLY B.ILL 7.29 AN~ AS~.MBLY CONSTITUTIONAL 4MENDgENT .38 RE: GAS TAX LAWS:
The City Manager reviewed a communication dated March 3, 1970 from Assemblyman John
Francis Foran, Chairman of the Assembly Transportation Committee, urging support for
Assembly Bill 729 and Assembly Constitutional Alnendmant No, 38 which are designed
to alter the State Gas Tax Laws. The report indicated that these measures call for
a broadening of the use of Gas Tax monies at the option of local government, and
the communication advised that the League of California Cities Board of Directors
has formally endorsed these proposals.
It was moved by Councilman Kanel and seconded by Councilman Noe that the City Council
support these measures and authorize the City Manager to notify our State Legislators
of this action.
Councilman Harvey stated that he would like to obtain additional information regarding
these proposals before taking further action.
The motion carried by the following roll call vote:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED:i COUNCILMAN:
Bowen, Kanel, Noe and Kenode
None
None
Harvey
COMMUNICATION FROM SOUTHERN CALIFORNIA CHAPTER OF THE AMERICAN PUBLIC WORKS
ASSOCIATION REQUESTING RESOLUTION P~OCLAZMINGMAY 10 THROUGH MAY 16, 1970 AS
'NATIONAL PUBLIC WOES WEEK." The City Manager reviewed a report stating that the
City has recieved a request from the Southern California Chapter of the American
Public Works Association to adopt a Resolution proclaiming May 10 through May 16, 1970
as '~ational Public Works Week,"
It Was moved by Councilman Harvey and seconded by Councilman Noe to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA PROCLAIMING MAY 10 - 16 NATIONAL PUBLIC WORKS
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City Council Minutes
March 23, 1970
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 TENTATIVE TRACT MAP NO. 6839, REQUESTED BY LARWIN COMPANY:
~he Planning Director presented Planning Staff Report PC#70-22, which stated that
the proposed subdivision, located on the south side of Orange Avenue approximately
660 feet easterly of Graham Street, contains approximately five acres, and is
proposed to be divided into 25 R-1 lots.
The Planning Director advised that the major development problem of the subject
property, was the development of a proper drainage solution.
Discussion was held concerning the temporary drainage facility and at the request of
Councilman Kanel, the Public Works Director advised the Council of the location of the
temporary and the permanent drainage facilities, and explained that the only
restriction stipulated by the school district in granting the developer a drainage
easement was that the temporary drainage ditch be an improved facility.
In response to an inquiry from Councilman Harvey, the Public Works Director
indicated that the open ditch would not be a safety hazard to children
playing in the area, as the channel will be '~" shaped, and will be from 6 to 8 inches
deep,
Councilman Kanel expressed concern over the possibility of the drainage facility
interfering with the baseball diamonds.
Mr. D. Anderson, Engineer for the Larwin Company, 9100 Wilehire Boulevard, Beverly Hills,
addressed the Council stating that the drainage ditch would be constructed so as
not to disturb the baseball diamonds.
Following discussion, it was moved by Councilman Bowen and seconded by Councilman
Noe to approve Tentative Tract Map No. 6839 subject to the following conditions:
1~ Advance streetlight energy charges shall be paid and streetlight layout
design shall be approved by the City Engineer.
2. A six foot high concrete block wall shall be constructed along the west
and south boundary of the Tract with footings designed for a wall six foot high above
the highest finished ground level.
3. Drainage shall be solved to the satisfaction of the City Engineer.
4. Vehicular access rights to Orange Avenue shall be dedicated to the City
on the final map.
5. Water lines shall be designed to provide a circulating system.
6. A fire protection system shall be installed in accordance with the
requirements of the County Fire Warden.
7. Street trees shall be approved by the City Engineer.
8. A soils report shall be submitted to determine structural street sections.
These sections shall use a T.I. of 4.0.
9. A twenty foot alley shall be provided on the westerly periphery of
the Tract leading to Orange Avenue. A hammerhead is not required at the end
of the alley as indicated.
10. A walkway easement to the adjoining school property at the end of the
cul-de-sacs shall be provided. Widths as required by the Planning Department°
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City Council Minutes
March 23, 1970
11. Drainage fees shall be paid in accordance with the Master Plan of Drainage.
12. Orange'Avehue street improvements shall be constructed in accordance with
the Townscape and Urban Design Element of the General Plan. Orange Avenue is a "green"
street and shall be developed as such.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT=
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 5373,
LOCATED AT THE SOUTHEAST CORNER OF BLOOMFIELD AND BALL ROAD--LARWIN COMEANY: The City
Manager presented a report fxom the Public Works Director advising that the public
improvements in Tract #5373 have been satisfactorily completed in accordance with
plans and specifications including completion of minor repairs to defective concrete
and aspbaltic pavement.
It was moved by Councilman Bowen and seconded by Councilman Kanel that the City
Council accept the public improvements in Tract #5373 as being satisfactorily
completed in accordance with the plans and specifications and to authorize the City
Clerk to release the Monumentsrich Bond and Labor and Materials Bond upon the
expiration of the required lien period providing no mechanics liens have been filed,
and ~o hold the Performance Bond for a period of one year in order to guarantee
against defects in material and workmanship in the public improvements. The motion
was 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
CONSIDERATION OF APPROVA~ OF CHANGE ORDERS ON HUD STORM SEWER PROJECT WS-6-05-0302,
SCHEDULE D2 (R~G~ ATCKISON)~ SCHEDULE A (MEALY TIBBITTS' CONSTRUCTION COMEANY) AND
'~dHEDULE D '(ECCO CONTRACTORS~ INCo)': The City Manager presented a report dated
MA'rch 18, 2970, from the Public Works Director which stated that the construction
of the retardlug basin and pump station and storm sewer facilities has been
substantially completed under contracts awarded to Mealy Tibbits Construction Company,
Ecco Contractors, Into, and Ro Go Atckison Company. Certain Change Orders were
required during the course of construction in order to facilitate progress of the
work~ to improve the appearance of the facilities and reduce future maintenance
costs° The report further outlined the proposed Change Order for each contractor,
and indicated that the total Change Order cost amounted to an increase of $8,701.47,
which is approximately 1~ percent.
It was moved by Councilman Kanel and seconded by Councilman Harvey to approve Change
Order #3 on the contract with Healy Tibbits Construction Company, Project #WS 6-05-0302~
City Project #6854-20-0000-7; Change Order #2 on the contract with Ecco Contractors,
Into, Federal Project #WS 6-05-0302, City Project ~6854-20-0000-10; and, Change
Order #2 on the contract with R. G° Atckison Company, Federal Project #WS 6-05-0302,
City Project #6854-20-0000-11. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Marvey, Kanel, Noe and Kenode
None
None
It was moved by Councilman Noe and seconded by Councilman Kanal to appropriate
$9,000°00 from the fund balance of the 1968 Drainage Bond Construction Fund to
Construction Project #6854-20-0040. The motion was unanimously carried by the following
roll c21J- vote:
AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
City Council Mlnutas
March 23, 1970
CONSIDERATION OF SUBMITTAL OF A PROPOSAL FOR EXPENDITURE OF TOPICS FUNDS TO TH__E
STATE DEPAR%MENT OP PUBLIC WORKS: ~he City Manager re~-lewed a report dated March
17, 1970 from the Public Works Director which indicated that a communication dated
January 23, 1970 f'~om the State Department of Public Works had been received
which stated that the City of Cypress has been allocated $23,076.00 for the 1969/70
fiscal year in Federal TOPICS funds° The report indicated that since the TOPICS
Advisory Committee determined that each agency would receive an allocation of funds
in accordance with a formula, the County Road Department feels that it is not advisable
for them to act as Coordinating Agent and has so advised the TOPICS Advisory Committee.
The report iurthe~' indicated that since it is necessary to have an approved TOPICS
plan and study rap~zt either completed or an approved study under way before any
IOPICS funds ~an be spent for improvement projects, the Public Works Director, after
receiving approval by the City Manager, requested the firm of Robert Cro~snelin and
Associates, Traffic Engineers, to submit a proposal for an area wide TOPICS plan and
study ~epozt whi=h would establish the basis for selecting TOPICS projects priorities°
The fee for the report is indicated as $9,500.00 maximum and would be on a time and
material basis with monthly progress reports and billing.
It was moved by Coancllman Noe and seconded by Councilman Bowart to approve the proposal
for expenditure and acc~unuiation of TOPICS funds as outlined in the report, and to
authorize a written communication by the Public Works Director to the State Department
of Public Works describing the proposal and requesting approval for same. The motion
was unanimoasly car~led by the following roll call vote:
A~ES: 5 COHNCiLM~N:
NOES; 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowart, Harvey, Kanei, Noe and Kanode
None
None
CONSIDERATION OF ~qUBST FOR APPROPRIATION FOR MODIFICATION OF EXISTING SPRINKLER
SYSTEM AND OTHER REPAIRB AT THE "TOT LOT" ADJACENT TO VESSELS SCHOOL~ CITY PROJECT
NO, 7040-90-0000: The City Manager presented a report dated March 17, 19 70
from the P'jDlic WorKs Director which indicated that due to vandalism and the
sprinkler system not operating satisfactorily at the "Tot Lot" adjacent to Vessels
Schools, the Park and Recreation District Director will not accept the "Tot Lot" for
maintenance until modifications are made in the sprinkler system, and the landscaping
remodeled° The report further indicated that bids have been received from three
companies regarding this matter, and that since there are no funds in the 1969/70
budget ~or ~his purpose, it will be necessaxy to make an appropriation to cover the
coSt~
It was moved by Councilman Noe and seconded by Councilman Bowen to approve the
modification of the existing sprinkler system in the "Tot Lot" adjacent to Vessels
School as per quotation received from the Carson Supply Company, and to appropriate
$900.00 from the reserve for capital improvements to cover the cost of sprinkler
system modification, fence construction and shrub replacement~ 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 WEED AND RUBBIS~ABAT.E. MENT PROGRAM, 1970: The City Manager reviewed
a report dated March 18, 1970 f%om the Public Works Director which stated that the
Contractor for the 1970 Weed and Rubbish Abatement Program has listed properties
in the City in accordance with instructions of the Public Works Director, which are
considered to be nuisances and/or fire hazards. The report further adivised that
many of the properties will be cleaned by the owners after they have received
mailed notices and after their properties have been posted.
It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the
following Resolution by title only, title as follows:
- 11-
City Council Minutes
March 23, 1970
RESOLUTION NO~ 1057
RESOLOTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND
RUBBISH, REFUSE AND DIRT UPON OR IN 'FRONT OF A CERTAIN
PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC NUISANCE,
DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF,
AND SETTING A PUBLIC HEARING THEREON,
The motion was unanimoosly carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanoda
None
None
CONSIDERATION OF APPROVAL OF CONTRACT FOR AUDIT SERVICES--HUD STORM SEWER PROJECT:
The City Manager reviewed a report dated March 19, 1970 which indicated that pursuant
to the contract between the City of Cypress and the Department of Housing and
Urban Development, the City is required zo audit the financial transactions involved
in the Storm Sewer Project which partially was financed by funds made available from the
Federal Gove~nment~ The report advised that the City has received a proposed contract
to provide this audit, from the firm of Diehl, Evans and Company, for a cost of $450.
It was moved by Councilman Noe and seconded by Councilman Harvey ~o approve the contract
between the City of Cypress and Diehl, Evans and Company £or audit services in
connection with the Storm Sewer Project in an amount of $450, as outlined in the
report, and co a~thcrize the Mayor to sign and the City Clerk to attest the contract,
subject t~ the approval as to form by the City Attorney. The motion was unanimously
carried by the following roll call vote=
A~ES:
NOES:
ABSENr~
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN .~
Bowan, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LiST FOR WARRANTS NOo 23537 THROUGH
23667: it was moved by Councilman Bowen and seconded by Councilman Noe to approve
the Commercial Warrant List for Warrants 23537 through 23667 in the total amount of
$120~528~.83~ The motion was unanimously ca%ried by the following roll call vote:
AYES:
NOES:
ABSENI:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
ORAL COMMUNiCAtiONS:
There were no oral communications at this time°
Councilman Harvey stated that he is very gratified for the response he has received
from various persons and groups in regard to the coming election; however, it had
been brought to his attention that a. Citizens~ Committee is preparing a brochure
which will include his name and picture as one of the members of a slate of three
incumbents ~unning fez the election~ Councilman Harvey further stated that he had
respectfully requested representatives of the Citizens~ Committee ~o remove his
name and picture from the brochure being prepared, since he is running as an independent
Council candidate and wishes to camp~tign solely on the basis of his past record and
performance on the City Council~
Councilman Bowen and Co'Lmcilman Noe also empzessed their appreciation for any support
that has oz might be given f~om various committees and individuals, and both stated
that they a~e running as independent candidates and not on a slate.
ADJOURNMENT.~
There being no further b~siness to come before the City Council, it was moved
- 12 -
City Council Minutes
March 23, 1970
by Councilman Noe, seconded by Councilman Bowen and unanimously carried
to adjourn the meeting at 10:07 p.m.
MAYOR O~HE~%TY OF CYPRESS
ATTEST:
C~T~ d~Rk~ OF THE C~TY OF CYPRESS