Minutes 70-04-13MINUTES OF A REGULAR MEETING
OF THE CYPRESS CITY COUNCIL
HELD
April 13, 1970
The regular meeting of the Cypress City Council was called to order at 4:00 p.m.,
o~ Monday, April 13, 1970 in the City Council Chambers, 5275 Orange Avenue,
Cypress, California, Mayor Delno Kenode presiding.
PRESENT: Councilman Bowen, Harvey, Kanel, Noe and Kenode
AB SENT: None
Also present were City Manager/City Clerk Dartell Essex, City Attorney
3ames E. Erickson, and the following members of the City Staff: Dunlap, Poorthor,
Nudson, Grissom, Schatzeder.
MINUTES:
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously
carried to approve the Minutes of March 23, 1970 as mailed.
It was moved by Councilman Noe, seconded by Councilman Bowan and unanimously
carried to amend the section of the Minutes dated March 9, 1970, page 11, pertaining
to the Resolution of Condolence in the memory of Congressman Utt, to read as
follows:
"It was moved by Councilman Bowen and seconded by Councilman Noe to adopt
the following Resolution by title only, title as follows:
RESOLUTION NO. 1053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
EXPRESSING ITS SINCERE CONDOLANCES IN THE DEATH OF
CONGRESSMAN JAMES B, UTT.
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"
STAFF REPORTS AND, DISCUSSIONS:
The City Manager introduced Mrs. Faith Camann, the new Administrative
Secretary/Deputy City Clerk to the City Council.
The City Manager advised the City Council that he had received two requests
for proclamations; the first from the Veterans of Foreign Wars, requesting that
May 1, 1970 be proclaimed as Loyalty Day, and the second requesting that
the week of April 12 - 18, 1970 as Life Insurance Week.
Following discussion, it was moved by Councilman Noe, seconded by Councilman
Bowen and unanimously carried to place the consideration of proclaiming May 1,
1970 as Loyalty Day on the agenda as Item No~ 7 (a).
It was moved by Councilman Noe, seconded by Councilmen Bowen and unanimously
carried to place the consideration of proclaiming the week of April 12 - 18, 1970
as Life Insurance Week on the agenda at this time.
It was moved by Councilman Bowen, seconded by Councilma~ Noe and ananimouely
carried to proclaim the week of April 12 - 18, 1970 as Life Insurance Week.
~he City Msnager reviewed the various items contained in the Progress Report
dated April 13, 1970.
It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously
carried to proceed to Item No. 2 on the agenda, and to continue through Item No. 6
City Council Minutes April 13, 1970
at this time~
COMMUNICATION FROM CALIFORNIA PUBLIC UTILITIES COMqISBION OF AN APPLICATION BY
PACY~IC TEL~PHONE iND TELEGI~AP'~ COMPANY FOR A 'GENERA~ ~NdR~X~E 'I~ ~N~EIiEST 'RATES
AND CHARGES FOR TELEPHONE SERVICE: The City Manage~ re~le~d'a'c6umnunication
'from the Cafiforni~ Pub'li~ Utiiities Commission notifying the City of an
application by Pacific Telephone and Telegraph Company for a general increase
in interest rates and charges for telephone service. The report indicated that
the rate increase would involve approximately a $1.85 monthly increase for
residential service and a $3.80 to $6°30 monthly increase for business telephone
service~ The application will be ~eviewed in detail by the Public Utilities
Commission to determine whether or not the proposed rate changes are required
to offset increased operating costs and other economic considerations in
providing telephone service.
Following discussion, it was moved by Councilman Harvey, seconded by Councilman
Bowen and unm%imously carried to receive and file this communication.
COMvFONICATION FROM STATE CONTROLLER TRA~.SMITTING .ES%IMA%~D .A~..O.U~.TS TO .B~ RECEIVED
BY CITIES AND COUNTIES FROM HIGHRAY USERS TAXES AND MOTOR VEHICLE ~!CE~SE FEES:
The City Manager reviewed a communication dated February 275 i~Y0 from Houston I,
Flournoy, State Controller, transmitting the estimated amounts to be received
by cities and counties from highway users taxes and motor vehicle license fees
for the fiscal year ending June 30, 1971, The estimate indicates that, based on
a population of 28,850, the City of Cypress would receive $212,652 from motor vehicle
license fees and $251,320 from the various highway users taxes.
It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried
to receive and file this communication.
COMTdNICAT!.ON FEDM CITY AUDITORS PRESENTING RESULTS 0~ .INTERIM .~XAM. INATION OF
CITY'S FINANCIAL TRANSACTIONS FOR~ERIOD ENDINGDECEMBER 3I~ 1969: The City
Manager reviewed a communication dated March 2, 1970 from the City Auditors,
Diehl, Evans and Company, indicating that the interim examination of the City's
financial transactions for the period ending December 31, 1969 has been completed,
and there were no items of sufficient significance to be reported to the City Council
at this tin~
It was moved by Councilman Kanel, seconded by Ccuncilma~ Bowen and unanimously
carried to receive and file this communication~
COM~GNICAT!ON FROM THE CITY OF GARDEN GROVE TRANSMITTING A COPY.OF A RESOLUTION
OPPOSING TBE CONVERSION QF THE NAVAL.A~R .STATION SITE ..I~.TO A~COM~ER. CIAL .A~.~./OR
PRIVATE AIRPORT AND PROPOSING TH~ USE OF THIS LAND AS AN OPEN SPACE PROJECT FOR A
REGIONAL PARK: The City Manager reviewed a communication dated March 23, 1970
from the City of Garden Grove transmitting a copy of a Resolution of the Garden
Grove City Council concerning the Los Alamitos Naval Air Station, The report
indicated that the Resolution opposes the conversion of the Naval Air Station site
into a comnerclal and/or private airport and proposes the use of this land as an
open space project for a regional park,
The City Manager reviewed the previous actions by the City Council in regard to
this matter, and indicated that a meeting has been scheduled with a representative
from Economic Research Associates for Thursday, April 9th, to determine the
feasibility of conducting an independent study of the impact of the use of the
Naval Air Station facility on the City of Cypress.
It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously
carried to receive and file the communication, and to request the City Manager
to advise the City of Garden Grove of the City Council's action relative to this
matter.
COMMUNICATION FROM ORANGE CO]~NT~ MDSQUITO ABA~_ME~ .D~STRIqT ~R4N~MIT%ING .MINUTES
OF BOARD OF TRUS%EES .MEETING HELD MARC~ .1~ 1970: The City Manager reviewed a
communication dated March 27, 1970 from Mr. Jack H, Kimball, District Manager of
the Orange County Mosquito Abatement District, transmitting a copy of the Minutes
of the Meeting of the Board of Trustees held March 19, 1970~
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City Council Minutes
April 13, 1970
It was moved by Councilman Bowan, seconded by Councilmen Kanel and unanimously
carried to receive and file this comunication~
Following discussion, it was moved by Councilman Harvey, seconded by Councilman
Noe and unanimously carried to proceed to Iteu~ Noo 8, 9, 10, 11, 12, and 13 on the
agenda at this time°
qONTINUAT~ON .OF ~O~S!DERATI.ON..QF ~OMMU~ICATION ..FROM CYPRESS CO~L~GE RE: PUBLIC
_FORUM ON POPULATION AND POLLUTION: The City Manager reviewed a report dated
April 8, 1970 which stated that the City Council at its regular meeting of March
9, 1970, deferred action on a comunication from Mr. Eric Gruver, Instructor of
Philosophy at Cypress College, requesting participation of the Cypress City
Officials in the Public Forum on Population and Pollution scheduled for Saturday,
April 18, 19700 The report indicated that following a further discussion with the
representatives from Cypress College in charge of the program, the City Manager
was advised that the City's representative should be confirmed by no later
than Wednesday, April 8, 1970, in order to complete the program arrangements.
This information was transmitted to Mayor Kanode who agreed to accept the invitation
and serve on the panel scheduled for Saturday, April 18, 1970o The couanunication
further requested the Mayor and City Council to declare the week of April 19, 1970
as "Cypress Environmental Week°"
Following discussion, it was moved by Councilman Noe, seconded by Councilman
Harvey and unanimously carried to authorize the Mayor to proclaim the week of
April 19, 1970 as "Cypress Environmental Weeks"
CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT
~0. 6775--LARWIN COMPANY: The City Manage~ pres~n~d'~ '*~'~ '~ated April 8, 1970
from the ~ublic Work~ DiTector, stating that the public improvements in Tract
6775, located west of Valley View Street, South of Orangewood Street, have been
satisfactorily completed in accordance with plans and specifications; however,
certification by the developer's landscape architect that street trees have
been planted according to City specifications has not been received, and tract tie
notes have not been submitted by the developer's engineer. The report further
indicated that there is a present conflict caused by the area between the tract
boundary and the City Limits of Garden Grove, and that the Larwin Company has
agreed to grant a deed for the applicable portion of this strip to each abutting
property owner~
It was moved by Councilman Harvey and seconded by Councilmmn Noe to accept the
public improvements in Tract 6775 as being satisfactorily completed in accordance
with plans and specifications, and to authorize the City Clerk to release the
MonumentsCion Bond and the Labor and Materials Bond upon expiration of their
· equi~ed lien period providing no mechanics are filed, with the Performance Bond to be
held for one year from the date of acceptance to guarantee against any defects in
material or workmanship, subject to the completion of the following conditions:
Certification of street trees by landscape architect.
2o Submittal of tie notes by developer's engineer.
3~ Deeds for each parcel abutting City of Garden Grove to be granted to
property owner°
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, llarvey, Fanel, Noe and Kanode
None
None
CONSID. ERAT.ION OF ACCEPTANCE.OF.IMPROVEMENTS AND .RELEAS~ OF ~ON~S EOR TRACT
Np~ 6776--LARWI~. COMPANY: The City Manager presented a report dated April 8, 1970
from the Public Works Director which indicated that the public improvements in
Tract 6776, located west of Valley View Street, south of Orangewood Street,
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City Council Minutes
April 13, 1970
have been satisfactorily completed in accordance with plans and specifications;
however, certification by the developer's landscape architect that street trees have
been planted according to City specifications has not been received, and tract tie
notes have not been submitted by the developer's engineer.
It was moved by Councilman Noe and seconded by Councilman Harvey to accept the
public improvements in Tract #6776 as being satisfactorily completed in accordance
with plans and specifications and to authorize the City Clerk to release the
Monumentation Bond and the Labor and Material Bond upon expiration of their required
lien period providing no mechanic'e liens are filed, with the Performance Bond to be
held for one year from the date of acceptance to guarantee against any defects
in material or workmanship, subject to the completion of the following conditions:
Certification of street trees by landscape architect.
Submittal of tie notes by developer's engineer.
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 JOINT POWERS AGREEMENT BETWEE~ THE q~X OF ..CYPR~.~S .AND CYPRESS
PARK AND RECREATION DISTP~ICT FOR TEEN CENTER F. ACIL~TY: The City Manager reviewed
a report dated April 9, 1970, which stated that the City Attorney has prepared
a 3oint Powers Agreement which outlines the responsibilities of both the City and
the Park and Recreation District for the Teen Center facility. The report further
indicated that the Agreement provides for the City to construct the Teen
Center facility, to provide insurance coverage, to employ a full-time teen
coordinator, to supervise and administer the program and services at the Teen
Center, and to provide custodial services required to maintain the interior of the
building~ The Agreement provides for the District to permit location of the
Teen Center on the property owned by the District at Oak Knoll Park, to
reimburse the City for one-half of the cost of providinE the program and services
at the Teen Center facility, including the salary of the teen coordinator, and to
provide for maintenance of the landscaping and the facilities outside of the Teen Center
and the City will have the right to relocate the Teen Center at its discretion.
The report further indicated that the Cypress Park and Recreation District Director
concurs in the Agreement and has provided sufficient funds for the District's
obligations in the operation of the Teen Center in the 1970-71 budget proposal.
The City Manager advised that in the event the Agreement is approved by both the City
Council and the Board of Supervisors a proposed budget and position classification
and salary range for Teen Coordinator will be submitted to the City Cormnil.
In response to inquiries from the Council, the City Manager stated that the Agreement
appeared to be in the best inter@sts of the City, and does provide for a ninety day
termination by either party~
It was moved by Councilman Harvey and seconded by Councilman Noe to approve the
Joint Powers Agreement between the City and the Cypress Park and Recreation District
for the Teen Center facility, as outlined in the report, and to authorize the
Mayor to sign and the City Clerk to attest the Agreement subject to approval
as to form by the City Attorney. The marion 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 REQUEST FOR APPROPRIATION FOR FLAG DESIGN CONTEST: The City
~ranager presented a report dated April 9, 1970, which s~ated that Girl Scout
Troop 1656, in cooperation with the City Manager's Office, has conducted a Flag
City Council Minutes
April 13, 1970
Design Contest for the City of Cypress as a part of its program entitled
"Challenge of Active Citizenship," The Girl Scout Troop distributed posters,
handled the publicity and administered the contest which ran from February 1
to March 1, 1970. The report indicated that approximately 175 posters were
received and Judged, and that the winning posters will be presented to the City
Council for its consideration in developing a design for a City Flag. The
report further indicated that the Girl Scout Troop has had difficulty in budgeting
for appropriate prizes for the winning posters and has requested the City Council
to consider an appropriation of $30.00 to assist in this project,
It was moved by Councilman Harvey and seconded by Councilm~n Bowen to authorize
an appropriation of $30.00 to Girl Scout Troop 1656 to assist in the Flag Design
Contest proJect~ The motion was unanimously carried by the following roll cell
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
CONSIDERATION OF AUTHORIZATION FOR THE ASSIGNMENT AND WARRANTY OF TITLE OF THE
SPEEDSPACE CORPORATION LEASE TO PUBLIC SERVICE LEX'SI~ COMPANY: The Cfty
Manager presented a report dated April 8,"~970 ~fch stated that the City has
received a request from the Speedspace Corporation for the City Council to
approve the Assignment and Warranty of Title of the lease and option agreement
dated February 24, 1970 between the City of Cypress and Speedspace Corporation
for the Teen Center facility to Public Service Leasing Company. The report
further stated that the Public Service Leasing Company, is a non-profit Corporation
foruzd by United California Bank for the purpose of financing portable buildings,
school buses, etc., and the assignment of the lease is an attempt by the Bank to
qualify the note and the interest thereon as a tax e~mpt security issued "on
behalf of" the City° The report indicated that the City Attorney has reviewed
the Articles of Incorporation and the Certificate of Good Standing of the Secretary
of State of Public Service Leasing Company, and has no objection to the Assignment
and Warranty of Title as requested.
In response to an inquiry from Councilman Kanel, the City Attorney explained the
reasons for this type of request and indicated that the assignment would have no
effect upon the City of Cypress in terms of the lease agreement for construction of
the faci~ity~
After discussion, it was moved by Councilman Noe and seconded by Councilman
Bowen to approve the Assignment and Warranty of Title of the Speedspace Corporation
lease for the Teen Center facility to Public Service Leasing Company, and to
authorize the Mayor to sign the Assignment and Warranty of Title as outlined in
the report. The metion 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, seconded by Councilman Bowen and unanimously
carried to proceed to Items No, 15 and 16 on the agenda at this tim.
qONSIDERATION OF RESOLUTION ORDERING THE CANV. ASS OF TH~ .GENERAl. MU~..ICIPAL
ELECTION AND SPECIAL BOND ELECTION TO BE MADE BY T~ C~T.Y.C~ERK: The City
Manager presented a report dated April 8, 1970 which indicated that pursuant
to the provisions of the Elections Code. the City Council has the option of
conducting the canvass of the Election returns or, by Resolution, directing that
the canvass be made by the City Clerk°
In response to an inquiry from Mayor Kenode, the City Manager explained the
procedure for conducting a canvass~ Discussion ensued regarding the precincts,
and how the ballots are tallied.
5
City Council Minutes April 13, 1970
It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFOP~NIA, OPj)ERING THE CANVASS OF THE GENERAL MUNICIPAL
ELECTION AND THE SPECIAL BOND ELECTION TO BE MELD ON THE
14TH DAY OF APRIL, 1970, TO BE MADE BY THE CITY CLERK OF
THE CITY OF CYPRESS.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
N0E S: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
CONSIDERATION OF EXTENSION OF TIME OF THE TEMPORARY APPOI. NTMENT OF FRANK
BIRKINSRAW: The City Manager reviewed a report dated April 9, 1~0, requesting
a '30 day extension for the employment of Mr. Frank Birkinshaw as temporary
Public Works Inspector.
Following discussion, it was moved by Councilman Noe and seconded by Councilman
Bowen to confirm the fourth 30 day e~ension on this appointment to May 13, 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 Kanode
None
None
It was moved by Councilman Harvey, seconded by Councilman Bowem and unanimously
carried to proceed to Item No. 17 on the agenda at this time. ~
CONSIDERATION OF APPROVAL OF COI~4ERC!AL WARRANT LISTS 23668 THROVGH 23825:
was moved by Councilman Bowen and seconded by Councilman Harvey to approve
the Comnercial Warrant List for Warrants 23668 through 23825 in the total
amount of $138,375031. The motion was unanimously carried by the following
~oll call vote:
It
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kanode
None
None
RECESS:
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously
carried to recess at 4:45 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: Councilmen Bowen, Harvey, Fanel, Noe and Kanode
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex, City Attorney James E.
Erickson and the following Embers of the City Staff: Dunlap, Poertner, Schatzeder,
Grissom, Nudeon, Savord.
PLEDGE OF ALLEGIANCE:
Cypress Boy Scout Troop No. 206 led the City Council and audience in the Pledge
of Allegiance.
ORAL COMMUNICATIONS:
There were no oral conmunications at this time.
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City Council Minutes
April 13, 1970
At the request of Mayor Kenode, the City Manager reviewed what had transpired
in the afternoon session of the City Council.
It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously
carried to proceed to Item No. 7 on the agenda at this time.
COM~JNICATION FROM CYPRESS TEEN CENTER DEDICATION .COI~.IT. TEE RE ~ P. ROCLAMAT. ION .OF
TEEN WEEK." The City Manager reviewed a communication dated April 2, 1970
from June Allen, Chairmen of the Cypress Teen Center Dedication Committee,
requesting the City Council to declare the week of May 3 through May 9, 1970
as "Teen Week" in Cypress. The report indicated that it appears that the Teen
Center facility will be completed end furnished prior to Teen Week; therefore,
a tentative date of Saturday, May 2nd, has been reco~m~ended for the official
dedication of the Teen Center, and, if the City Council has no objection, the
City Manegerms Office will work in conjunction with the Teen Committee, Cypress
Park and Recreation District Officials and representatives from the Jr. Women's
Club in preparing the dedication program.
It was moved by Councilman Noe and seconded by Councilman Harvey to declare the
week of May 3 through May 9, 1970 as 'Teen Week" and to authorize the City
Manager to assist in the preparation of the Dedication ceremonies to be held
on Saturday, May 2, 1970. 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 Kenode
None
None
.CONSIDERATION. QF.PROCLAIMING MAY 1, 1970 AS LOYALTY DAY: It was moved by
Councilma~ Bowen end seconded by Councilmam Harvey that the City Council authorize
the Mayor to proclaim May 1, 1970 as Loyalty Day in conjunction with the Veterans
of Foreign Wars. 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 Councilmen Noe, seconded by Councilma~ Bowen and unanimously
carried to consider Item NOb 14 on the agenda at this time.
CONSIDERATION OF REVISION TO LANDSCAPING FOR SCHEDULE "C" OF S~q.l~. SEWER.EROJECT
WS-6-05-0302~ BUCCOLA AND CARLOS: The Public Works Director presented a report
dated April 9, 1970 which stated that the firm of Eckho, Dean, Austin and
Willjams had submitted a revised drawing on the retarding basin to incorporate
additional irrigation and to lendscape all slopes by application of a hydro
seed mulch including the slope on the outside of the perimeter fence. The report
indicated that the concept of Or~ge Avenue developed by Eckbo, Dean, Austin end
Williame will require locating the curb line on the south side of the street at
twenty four (24) feet instead of the standard thirty two (32) feet. This will
provide an additional eight (8) feet of landscaped area on the south side of the
street and allow planting of a double row of trees. The report further stated
that a meeting was held with the Orange County Road Department to discuss this
matter, and preliminary approval was indicated subject to maintaining safe end
efficient traffic flow on the street. The report indicated that although the
lendscape architect actually desired an additional four feet on the south side, it
does not appear possible to do this within the existing right of way; however, the
plan can be implemented with slight revisions.
The Public Works Director then presented slides which compared what was desired
by the lendscape architect to what would be satisfactory to the Orange County
Road Department~ The Public Works Director stated that the particular project
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City Council Minutes
would only cover 600 feet,
April 13, 1970
along 0range Avenue, and would provide a demonstration
of the future appearance of Orange Avenue throughout the City.
Following discussion concerning the existing right of way, it was moved by
Councilma~ Noe, seconded by Councilman Bowen and unanimously carried to consider
Item No. 1 on the agenda as it was time to conduct the Public }]eating, and to continue
this item after the Public Hearing had been held.
PUBLIC HEARING RE: CONSIDERATION OF PROTESTS OR OBJECTIONSTO TEE PROPOSED
REMOVAL OF WEEDS GROWING UPON OR IN FRONT OF AND RUbbISH, I~i~USE AE~D DIRT'
UPON OR IN FRONT OF CERTAIN PRIVATE PROF~KTY IN THE CITY 'd~!CY~RESS:' The Mayor
announced this was the time and place fo~ the Public liedflag to consider protests
or objections to the proposed removal of weeds growing upon or in front of and
rubbish, refuse and dirt upon, or in front of certain private property within the
City of Cypress.
The Mayor declared the Public Hearing open and requested the Staff to present
its reports.
The City Manager reviewed a report dated April 7, 1970, which stated that the
required affidavits of posting and publication of the Public Hearing notices
on this matter are on file in the office of the City Clerk, and that no
written protests had been received as of the date of the report, The City
Manager indicated that one communication had been received objecting to the Weed
Abatement Program, a copy of which has been provided to the City Council.
The Public Works Director reviewed a report dated April 8, 1970, which outlined
the method whereby the individual property owners were notified. The report
stated that several calls had been received from property owners concerning
the weed abatement; however, no written protests had been received. The report
further indicated that the City Council may determine by xinute action that
abatement has taken place as provided for by the Resolution if either a cash
deposit or bond is posted, or in the case of public districts, that there is
a~le evidence that the weeds will be removed by the public district. The
City Attorney advised that with this action, if the cash bond is not posted
within ten (10) days, the City's contractor can proceed to remove the weeds
from the subject properties and that the provision for a bond being posted would
only be allowed for those individuals listed in the motion and not for individuals
who may request further consideration after the Public Hearing.
In response to an inquiry by Councilma~ Bowen, the Public Works Director stated
that pictures are taken of the property involved, before the City's contractor
begins removing the weeds.
Mr. Robert TAbak, 500 South Main Street, Orange, representing the new owner of
the Cypress Plaza Shopping Center located at the corner of Ball Road and Walker
Street, addressed the Council stating that construction will begin on the portion
of the property which was posted for weed abatement in the very near future.
The City Manager indicated that the Building Department had received the plans
for a drug store on the subject property.
The City Manager explained that in the event the property owner proceeded with
construction and cleared the area of existing weeds prior to the completion of
the weed abatement work by the City Contractor, a property owner could defer
all weed abatement work by the City Contractor by posting a cash deposit or bond
as soon as possible.
There being no further written or oral protests, the Mayor declared the Public
~earing closed.
It was moved by Councilman Bowan and seconded by Councilman Harvey to adopt
the following Resolution by title only, title as follows:
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City Council Minutes
April 13, 1970
RESOLUTION NO~ 1060
A RESOLUTION 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 CERTAIN
PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND
ORDERING THE ABATEMENT THEREOF.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Farroy, Kanel, Noe and Kenode
None
None
It was moved by Councilman Bowen and seconded by Cooncilms~ Noe that the City
Manager and the Public Works Director make arrangements with the new property
owners of the Cypress Plaza Shopping Center, to determine how the weed abatement
problem will be handled, subject to the approval by the City Attorney. The motion
was unanimously carried by the following roll call vote:
AYES:
NOES:
AB SENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowan, Harvey, Kanel, Noe and Kenode
None
None
C. ONSIDERATION OF REVISION TO LANDSCAPING FOR SCHEDULE "C" OF.STORM SEWER
PROJECT .WS-6-05-0302, BUCCOLA AND CARLOS (Continued): It was moved by
Councilman Harvey and seconded by Councilman Noe to approve on HUD Project,
WS 6-05-0302, City Project #6854-20-0000, Change Order No. 1 for the Retarding
Basin for revisions to planting and additional irrigation in the total amount
of $3,732°75° 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
It was moved by Councilman Bowen and seconded by Councilman Harvey to approve
Change Order No. 2 for landscaping per revised plan on the south side of Orange
Avenue between Moody and Denni in the total amount of $2,917.27. 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
It was moved by Councilman Bowen and seconded by Councilman Noe to appropriate
$9,500.00 from the fund balance of the 1968 Drainage Bond Construction Fund,
City Project #6854-20-0040 to cover the cost of Change Order No. 1 and No. 2
on the landscaping contract with Butcola and Carlos, Inn., and to allow for
additional top soil as outlined in the report° 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
SECOND READING ORDINANCE RE: AMENDING ZONING ORDINANCE NO, 90 TO PERMIT CARPORTS
IN LIEU OF GARAGES'IN ALL R-3 and Ri4 DEVELOPMENTal' 'i~'~as mo~ by CounCilman
~owen and seconded by Councilman Noe to read the following Ordinance by title
only. THe motion was ananimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Bowen, Harvey, Kanel, Noe and Kenode
None
None
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City Council Minutes
April 13, 1970
Title of the Ordinance is as follows:
ORDINANCE NO o 428
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
SECTION 121o3A OF ZONING ORDINANCE NO. 90: "CARPORTS IN LIEU OF
GARAGES"
It was moved by Councilman Kanel and seconded by Councilman Noe to approve the
second reading of this Ordinance. The motion carried by the following roll call
vote:
AYES: 3 COUNCILMEN: Kanel, Noe and Kenode
NOES: 2 COUNCILMEN: Bowen and }larvey
ABSENT: 0 COUNCILMEN: None
ORAL COMMUNICATIONS:
Mr. Charles Arbuckle, 4254 Via Verde, Cypress, addressed the Council inquiring as
to the status of the traffic signal to be installed at Lincoln and Bloomfield.
The City Manager explained the reasons for the delay, and indicated that the
traffic signal should be operative within two weeks.
Mr. Robert L. Larkin, 10571 Claudia Circle, Cypress, addressed the Council
stating that citizens in his neighborhood are deeply concerned about the operation
of an automobile wrecking and repair shop located at the residence of Mr. James
Jemison, 6322 Elm Street, Cypress° Mr~ Larkin further presented a petition which had
been signed by sixteen residents in the neighborhood. Mr. Larkin stated that traffic
has been blocked due to the amount of automobiles at the residence, and that
Mr. Jemison conducts his repairs until the early hours of the morning.
Councilman Harvey stated that he has visited the particular area, end feels
that it does constitute a hazard. Councilmen Harvey further explained to
Larkin that the Plenning Commission approves Home Occupation Permits as long
as the request is compatible with the neighborhood and meets specific requirements;
however, there are times when the Permits are violated. He further stated that the
purpose of city government is to serve the people, end that when something of this
nature occurs, members of the Council should be notified, who would then bring the
matter to the attention of the City Staff.
The City Monaget indicated that there would be two methods whereby this situation
could be corrected; one being a court action enforcing the Zoning Ordinence, or, as
was suggested by Councilman Bowen, to declare the operation as a public nuisance.
Following discussion, it was moved by Councilman Bowen, seconded by Councilman
Kenel and unenimously carried to place this item on the agenda for consideration
at this time/~
It was moved by Councilmen Bowen and seconded by Councilman Harvey that the
Staff determine which 9f the two actions, a court action enforcing the Zoning
Ordinence, or a Public Hearing to declare the operation a public nuisance, would
be the most suitable. The motion was unenimously carried by the following roll
call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Bowen, Harvey, Kenel, Noe and Kenode
None
None
Discussion was held regarding whether or not it would be feasible for the
City Manager's office to prepare end send to the City Council members a list of
complaints on various matters which have been brought to the City's attention by
residents.
Mrs. Sharron Pritchett, 6282 [erne Avenue, Cypress, addressed the Council
- 10 -
City Council Minutes
April 13, 1970
stating that there has been a problem with street sweeping along Ferns Avenue,
and, in fact, the entire tract. In response to an inquiry from Co%mcilma~ Kanel,
Mrs. Pritchett stated that the sweeping has not been done on a regular basis; therefore,
the drains have become clogged.
The Public Works Director indicated that persons have not been moving their cars
from the streets during the period when the street sweeping is being conducted,
thereby making the street sweeping very difficult.
The City Manager indicated that the cars remaining in the streets will be posted,
which may help to alleviate this problem.
Mr, R~nnie Reynolds, 10202 Tanforan Drive, Cypress, addressed the Council extending
his best wishes for the upcoming election.
Mayor Kenode stated that the Women's Club, in conjunction with Beautification Week,
has planted many flowers and plants at the Cedar Glen Park, and that apparently some
of the flowers and plants are not within range of the sprinklers° He further
stated that perhaps this could be brought to the attention of the Park and Recreation
District~
Councilman Kanel stated that he had enjoyed serving on the City Council with the
members who are up for re-election°
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 of the City Council at 8:40 p ,m. to Tuesday, April 21, 1970
at 7:30 p~m~
'0F 'OF 'C P SS
ATTEST:
C "~CtE~( OF THE~CITY OF CYPRESS
- 11 ~