Minutes 70-10-29MINUTES OF AN ADJOURNED REGULAR MEETING
OF THE CYPRESS CITY COUNCTL
HELD
October 29, 1970
T~e adieurEed regular meeting of the Cypress City Council was called to order
at 4:30 p.m., on Thursday, October 29, 1970, in the City Council Chambers, 52"7!5
O~ange Avenue, CypreSs, California, Mayor John Kanel presiding,
PRESENT: Councilmen Harvey, Kenode, Leeaye and Kanel
ABSENT: Councilman Roberrs
Also present were City Manager/City Clerk Dartoil Essex, City Attorney James
Erickeen and the following members of the City Staff: Dunlap, Peerthor, Ccakley,
Nudson and Grissom. ~
PLEDGE OF ALLEGIANCE:
Councilmen Kenode led the City Council and audience in the Pledge of Allegiance
ORAL COMMUNICATIONS:
Mr~ Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council stating
that there are 363 businesses within the Cypress area and that 87 of these buslnesse~
are g~mbers of the Cypress Chamber of Commerce, which is 5 less than the tot~i four
years ago° Mz~ Leneker then divided the total number of businesses into grou-ps~
and presented the Council with statistics showing how meny of each group belong
t~ the Chamber of Commerce.
in response to an inquiry from Councilman Harvey, Mr. Leneker stated that he had
no recormmendations at this time, and then added that he felt the general membership
~ the Chamber of Commerce is not cognizant as to what is happening as there had
not been a meeting in two months°
Mr~ Leneker indicated that he would provide Mayor Kanel with a copy of the statistics
which he had presented~
In response to an inquiry from Mayor Kanel, Mr. Leneker indicated that the statistics
did include Home Occupation Permits. Councilman Harvey commented that these perelJm~
with Home Occupation Permits are prohibited, by the regulations of the City, froia
any advertising, and would therefore probably have the least amount of use for a
Cha~er function within the con~nunity.
Mro Dave Phillips, Manager of the Cypress Security Bank and also Treasurer of the
Chamber of Commerce, stated that the Chamber of Commerce did have breakfast meeting~
in September and October, which had been announced.
Mayor Kanel then indicated that the matter would be investigated more tho~oughiy~
as the City works very closely with the Chamber of Commerce.
S.~E~' HE.~O. RTS AND .DZSC,~SSX0NS:
COUNCILMAN ROBERTS ARRIVED AT 4:40 P.M. AND TOOK HIS PLACE ON THE PODIUM~
At the request of the City Manager, it was moved by Councilmen Kenode, seconded
by Coun~ilmen Lacayo and unanimously carried to place the consideration of a
Resolution of Congnendation commending Miss Nancy Culver for her swimming peIformance
in the 1970 Summer Olympics, on the agenda at this time.
City Council Minutes October 29, 1970
was moved by Councilmen Kenode and seconded by Coonclime1 Lacayo to adopt the
following Resolution by title only, title as follows:
RESOLUTION NO. 1113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING MISS NANCY CULVER FOR HER ACHIEVEMENTS AT THE
1970 INTERNATIONAL SPECIAL OLYMPICS.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COFNCILMEN:
0 COUNCILMEN:
0 COUNCILMEN:
Harvey, Kenode, Lac~o, Roberrs and Kanel
None
None
The City Manager stated that he had received a request from the Cypress Employees
Association to substitute Veterans Day, November 11, 1970, for November 27, 1970,
the day following Thanksgiving as a holiday.
It was moved by Councilman Kenode, seconded by Councilmm% Harvey and unanimously carried
to place this item on the agenda for consideration at this time.
It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously
carxied to authorize the change in holidays as requested by the Cypress Enuployees
Association~
COI~UNIqATION FROM BOYS CLUB OF CYPI~ESS REQUESTING A WAIVEI~ OF ADMISSIONS TAX FOR
AUTO SHOW: THe City Manager reviewed a report dated October 23, 1970, whi'~h stated
that 'the City has received a communication from the Boys Club of Cypress requesting
a waiver of the admissions tax for the auto show and sports car rally, sponsored
by that organization, scheduled to be held at the Los Alamitos Race Track on November
7-8, 1970o The report further indicated that this organization is a legitimate
non-profit organization and is dedicated to establish a branch of the Boys Club of
America in the City of Cypress for the benefit of Cypress youth.
It was moved by Councilman l{arvey and seconded by Councilman Kenode to grant the
request of the Boys Club of Cypress for a waiver of the admissions tax for the
auto show and sports car rally scheduled to be held on November 7-8, 1970o .The
motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
AB SENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CQ.MM~..~CATION FROM H. AYANIAN INVITING ATTENDANUE AT THE INFORMATION MEETING REGARDING
ROUTE 39 FREEWAY: The City Manager ~eviewed a report da~ed oc~o~'er 23, 1970, which
indicated the City has received a communication dated October 16, 1970, from Mr.
H. A~anian, District Engineer, State Division of Highways, inviting the City to
participate in an informational meeting to discuss the proposed location of
Route 39 Freeway between Lampson Avenue in the City of Garden Grove and the Pomona
Freeway in the City of Industry, which is scheduled for October 29, 1970. The report
further advised that since ~he City of Cypress is affected by one of the proposed
aircleats routes, a staff representative will attend this meeting.
The City Manager stated that the meeting, which was held this morning, had been
artended by a member of the Staff, who provided the members of the City Council
with repcrts relative to this issue, The City Manager indicated that no action
was required by the City Council at this time.
C.ON~IDERATION OF AGREEI~ENT BETWEEN CONSULTANT .AND qITY FOR ~QPICS P~.AN AND STUDY
REPORI: The City Manager presented a report dated October 23, 1970 which indicated
that the Public Works Director is quite anmioca to proceed with the TOPICS Program,
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City Council Minutes
October 29, 1970
as outlined in a report dated September 17, 1970 from the Public Works Director, and
which has been previously authorized by the City Council. The report advised that the
only remaining action to initiate the project is the approval of the agreement with
Robert Cronmelin and Associates to conduct the study. The report further indicated
that although an appropriation of $9,500 is required, the City will be reimbursed
from Federal Funds in the amDunt of $6,773.00 for the program, and therefore, the
local cost, which will be taken from Gas Tax Funds, will only be in the amount
of $2,727~00~
In response to inquiries from Councilman Robarts, the City Manager explained the
method whereby the City selects a study organization stating that normally the City
would seek out the qualifications and then request a proposal, which, if a£ter study
by the Staff is found to be reasonable, would than be presented to the City Ceuncil
rcr consideration. He further stated that the proposal does not have a cost associated
with It; ~hat the cost is negotiated at the time the qualified organization has been
selected.!
It was moved by Councilman Robarts and seconded by Councilman Harvey to approve
the agraeIrent between the City of Cypress and Robert W. Crommelin and Associates,
subject to approval by the City Attorney, for a TOPICS Study for the City of Cypress
and to authorize the Mayor to execute axld the City Clerk to attest the execution of
the agreement~ The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
~ was moved by Councilman Roberrs and seconded by Councilman Harvey to appropriate
$9,500.00 from the General Fund balance to the 600.18 Engineering Contractual Ser~icas
Account, The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
None
CONSiDERATION OF ACCEPTANCE OF FINAL TRACT MAP #6705: The City Manager reviewed
a report dated October 23, 1970, which indicated that this deferred item had been
placed on the agenda for this meeting based on a reques~ from the Presley Development
Company in order to avoid further delays in ~he construo~ion of this subdivision
deveiopn~nt. The report further indicated tA~ all bonds have been posted and
fees ha~e been paid, and the developer is in a position, upon recording the final
map, to proceed with the construction of th~ project. A report dated October 2, 1970
f~om ~he Public Works Director indicates that Tract #6705 located at the southeast
~rner of Cerri=os Avenue and Holder Stre4N:, ie the first unit in Tentative Tract Map
#6657, which was originally approved by ~he Cypress City Council on September 23, 1968
and subsequently extended by the City Council to Apri~ 7, 1971; and that the final map
~greee substantially with the tentative map as approved~
The City Manager etated =bar since the writing of the report, the corrections
requlfed for impro~ement plans ~m~e~ee~ completed.
At ~he ~quest of the City Manager, the Assistant City Engineer displayed the
subject ~ract map°
~n response to an inquiry from Councilman Lacayo, the City Attorney advised that
:he Council would be apprcving all of the dimensions of all the property which is
shown on the tract map, with the approval of the final map.
in answer to an inquiry from Councilman Robarts, the City Manager indicated that
the conditions which were applied to the tentative tract map would also be
applied to the final map.
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City CocaIcil Minutes October 29, 1970
In answer co an inquiry from Councilman Lacayo, the City Manager stated that
it was his understanding that a block wall fence would not be constructed along the
south boundary of the tract un~til such time as ultimate improvements are made to the
Jonathan Storm Channels
Following discussion, it was moved by Councilman Kenode and seconded by Mayor
Kanel to approve Final Tract Map ~6705 and to accept the bonds and agreements for
public improvements in the amount of $239,875.00 which is not less than 50% nor more
than 100% of ~he total improvement and to authorize the Mayor and the City Clerk to
sign the agreement and to authorize the City Clerk to sign the record map upon
completion of the following conditions:
~. Approval of bonds and agreements by the City Attorney.
Completion of corrections required for improvement plans°
Compliance with Condition No~ 29 of the Tentative Tract Map No. 6657,
subject to approval by the City Attorney o
4~ Agreement by the developer to the above conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, Roberrs and Kanel
None
NOne
CONSIDERATION OF CANVASS OF EL~qTION RESULTS ON ANNEXATION.69-6: As stated in a
report dated october 23, 1970, the Cfty Council scheduled the canvass of the election
results for the annexation in the City of Cypress designated as 69-6 for the regular
adjourned meeting scheduled for Thursday, October 29, 1970 at 4:30 p.mo The ~eport
explained that the canvass is made by opening the No. 4 envelope for the one
precinct and for the Absentee Vote, and by inspection of the enclosed Tally Shears
determining the vote for and against the Annexation proposal.
Following the canvass of the election results, it was moved by Councilman Laaayo
a~d seconded by Councilman Harvey to adopt the following Resolution.
RESOLUTION NO, 1114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DECLARING THE RESULT OF THE CANVASS OF
ELECTION RETURNS OF A SPECIAL ELECTION RELATING TO
"ANNEXATION NO, 69-6," HELD IN SAID CITY ON OCTOBER
20, 1970o
The City Council of the City of Cypress, California, DOES REREBYRESOLVE,
DETERMINE AND ORDER as follows:
SECTION I~ That a special election relating to "Annexation No. 69-6/' was
duly called and regularly held in said City on the 20th day of October, 1970, at
which election =here was submitted to the electors within the territory proposed
to be annexed to the City of Cypress the following proposition, to wit:
"SlYALL ANNEXATION NO. 69-6
BE ANNEXED TO THE CITY OF CYPRESS?"
SECTION 2~ That the returns of said election have been duly and regularly
carryasked by this City Council as provided by law, and all absentee ballots returned
ha~e been canvassed as provided by law.
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Ci~-_~uncil Minutes October 29, 1970
SECTION 3o That the total number of votes cast at said election and the
number of such votes cast for and against said proposition are as follows:
NO TOTAL
Votes 32 137 169
Absentee Votes 0 2 2
Total Votes
Including
Absentee Votes 32 139 171
SECTION 4o That =he City Clerk of this City hereby is directed to enter
this Resolution in full in the minutes of this meeting of this City Council~
PASSED AND ADOPTED by the City Council of the City of Cypress at an
adjourned regular meeting held on the 29th day of October, 1970o
/s/ JOHN FANEL
MAYOR OF THE CIT '0F CY RKSS
AITEST:
/s/DARRELL ESSEX
CITY CLERK OF THE CITY OF CYPRESS
The ~tion was unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Kenode, Lacayo, RobeIts and Kanel
None
None
CONSIDERATION OF CERRITOS AVENUE STREET CONSTRUCTION: The City Manager indicated
that this item had been placed on the agenda at this time, since the City is faced
with a deadline from the County .Arterial Highway Financing Program, which requires
that this project be under construction before the end of the calendar year~ The
Ciuy Manager then reviewed a report dated October 20~ 1970, from the Public Works
Director which stated that the Cerritos Avenue Street construction project was
authorized by the City Council for inclusion in the FY 1969-70 construction program in
December, 1968o The report further stated that the original estimate of $116,880o00
for 2onstruction, due to subsequent recommendations by Orange County Materials Labo~tory~
has been increased zo $186,471~00; following which, the project was reschedulsd to
eaz2y FY 70-71 to allow re-budgeting, and then later rescheduled to late calendar year
1970 to avoid conflict with the race track race dates and Orange Avenue construction°
The Yapoft indicated that the project consists of adding an additional ten (I0') foot
lane on the south side of Cerritos Avenue from Denni Street to east of Valley View
Stree~i, which will permit striping for four lanes of traffic and a center striped
medi~ with left turn pockets. The report further indicated that the City of Cypress'
peruion cf this project would be in the amDunt of $93,433.50, and that sufficient
funds ha'~¢ been budgeted for this purpose~
At the ~equest of Councilman Harvey, the Assistant City Engineer pointed to the subJe'
1.otaticn cn the aerial map.
In response to an inquiry from Councilman Roberrs, the Assistant City Engineer stated
that ~ha large increase in the estimate for this project was due to a change of County
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City Co~mcil Minutes October 29, 1970
policy° He indicated that the City had intended to place an extra five inches of
topping on the existing paving, thus saving the existing paving; however, the County
f~lt that the pavement would last longer i£ all areas where the cap was only three
inches were replaced, which would involve complete rebuilding~ He further indicated
that it is a requirement of the AHFP that the City accept the County Material Lab's
recommendati~nso
Councilman Roberrs then expressed deep concern, as after a dedicated analysis on the
paxt of the City, the City came up with a repair and change which was appropriate. He
stated that the City of Cypress has been called the highest tax rate area, even though
the City tax is the lowest in the County, and that people have become suspicious of
the County causing this kind of extra expense. He further indicated that a communi-
cation should be directed to the Board of Supervisors which would indicate
the kind of problem which this creates for a city, and suggested that this matter
be placed on the ageride for the next regularly scheduled meeting of the City Council°
Following further discussion relative to communicating with the County regarding
this matter, the City Manager indicated that, if the Council would have no objection,
he would prefer to have more time in which to investigate the situation.
In answer to an inquiry from Councilmen Lacayo, the Assistant City Engineer stated
chat the City has hoe been receiving money from the County for the purpose of capping
streets~ as that is considered to be a maintenance project.
In response to a further inquiry from Councilman Lacayo, the City Manager indicated
that the cant=act will come back to the City Council for award,
Councilman Harvey stated that in view of the fact that the increased expenditure
fcr this pax~icular project was not a result of action by the City, but rather
the requirements of the Orange County Mat~rials Laboratory, the increase is J ustified~
It was moved by Councilman Harvey and seconded by Councilman Kenode to approve
the plans and specifications for this project and to authorize the City Clerk to
advertise fcr bids to be received December 3, 1970 subject to the approval of the
Orange County Road Department. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Harvey, Fanode, Lacayo, Roberrs and Kanel
None
None
It was mcved by Csuncilman Harvey and seconded by Councilman Kenode to authorize
the Mayor uo sign the right of way certification, and the City Clerk to attest to
his signatuzeo The motion was unanimously ~arried by the following roll call vote:
AYES: 5 COUNCILMEN: Harvey, K~ode, Lacayo, Roberrs and Kanel
NOES: 0 COUNCILMEN: None
aBSENT: 0 COUNCILMEN: None
CONSIDERAIlON OF EXTENSION OF CONTRACT WITH THE CYPRES~ CHAMBER OF COI~{ERCE: The
City Manager presented a report dated October 23, 1970, which indicated the City
Counci~ a~ its regular meeting of September 28, 1970, extended the existing contract
with the Cypress Chamber of Cox~aerce for a thirty-day period, which is due to expire
on October 30, 1970. The re~ort further indicated that a preliminary Chamber
px~posal has been received, and that it is anticipated that a meeting will be held
within the next two to three week~ with the Council Committee and Chamber represent-
a~ives whc will prepare a report for City Council consideration.
It was ~w,~ed by Councilman Roberrs and seconded by Councilmen Kenode to approve
a ~hixty-day extension of the contract between the City and the Cypress Chamber
of CormT~erce on the same terms and conditions as the existing contract to expire
on Nz~ember 30, 1970~ The motion was unanimously carried by the following roll
call vote:
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Cit~cil Mintues ~ October 29, 1970
AYES: 4 COUNCILMEN: Kenode, Lacayo, Robarts and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN:] None
ABSTAINED: 1 COUNCILMEN: Harvey
Councilman Harvey indicated that he abstained from the voting on this matter as he
was not present during the discussion, however, is in favor of the extension,
CONSIDERATION OF'APPROVAL OF COMMERCIAL WAILRANT LIST FOR WAlLRANTS NO. 25178 THROUGH
2533~: It was mo'v~a ~y 'C~uncilman Lacayo '~na ~eco~a~a'~ 'd~ilm~ Roberrs'to"
approve the Co=mercial Warrant List for Warrants No. 25178 through 25336 in the
total amo~mt of $140,850.06. The motion was unanimously carried by the following
roll call vote:
AYES: 5 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
ORAL COMMUNICATIONS:
There were no oral comm~mications presented at this time.
Discussion was held relative to an error which recently appeared in a newspaper
article regarding the City's tax rate, following which, Mayor Kanel indicated that the
City Staff should bring this matter to the attention of the newspaper which was
reeponsibleo Mayor Kanel requested the Staff to provide the City Council with informa-
tion regarding the tax rates of the various taxing agencies within the City for the
past several years to determine the areas in which tax increases have taken place°
Councilman Roberrs agreed with Mayor Kanel, and suggested that the Cypress Newsletter
be used aea moans of communication with the citizens informing them as to ho~ the
tax monies are expended.
Mro Jack Leneker addressed the Council, stating that some of the citizens might
appreciate a full outline of such a study.
Councilman Roberrs reviewed the discussion which was held at the recent League of
California Cities meeting regarding a proposed Resolution which would request the
release of American prisoners in North Vietnam. It had been suggested that a more
effective way of approaching this problem would be for the individual City Councils
to take action on this matter. Councilman Roberrs requested the City Council to
consider this item.
The City Attorney indicated that although he agreed philosophically with the
proposal made by Councilman Raberts, the City is periodically faced with a variety
of requests which would not be considered in the scope of municipal affairs, and
added that our system of local government is one which delegates to the representatives
of the people of cities the authority to act on their behalf only in matters
of municipal affairs~ He stated that it would be his opinion that while the
Councilmen can individually take a position on this matter, they cannot collectively
act on behalf of the citizens of the City of Cypress in an area which is not
termed legitimately, a municipal affair.
Following further discussion regarding this matter, Councilman Lacayo suggested
that it might be even mere effective if each Councilman individually sent a
communication to North Vietnam requesting the release of American prisoners. It
was the general opinion of the City Council that they would concur with the
suggestion offered by Councilman Lacayo, and that the Staff supply the City
Council with a list of names of prisoners who are from the local area.
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City Council Minutes October 29, 1970
Mrs~ John Portillo, 9061 Moody Street, Cypress, addressed the Council asking
several questions regarding AnneXation 69-6. In answer to an inquiry from
Mrs. Portillo, the City Attorney advised that the code of this State, which
governs the conduct of elections, states that when there is a recorded agreement
to buy, the purchaser in this agreement is ent'itled to protest or not to protest
an annexation, and that the owner of record is not entitled to protest or to not
protest ~
In response to an inquiry from Mr. Ivan Irish, 4862 Bishop Street, Cypress, the
City Attorney indicated that for a period of one year from the date of the
election, there cannot be an annexation of the same territory to the City of
Cypress unless there is 100% consent of the owners of the property to be annexed°
In answer to a question from Councilman Lacayo, the City Attorney further advised
that other cities could initiate annexation proceedings to the subject territory.
ADJOURNMENT:
It was moved by Councilm~a Kenode, seconded by CouncilmanLacayo and ananimeusly
carried to adjourn the meeting at 6:05 p.m.
OF CiTY OF ? SS
ATTEST:
CITY 'CT, EkK 01~ TH~ CIl~f OF CYPRESS