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Minutes 62-09-17MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD September 17, 1962 The City Council of the City of Cypress met in regular session in the Council Chambers, 9471 South Walker Street, Cypress, California on Monday, September 17, 1962 at 7:30 P. M., Mayor Van Dyke presiding. PRESENT: ABSENT: 5 COUNCILMEN: Gordon, Gorzeman, Noe, Wright ~nd Van Dyke 0 COUNCILMEN: None Also present were: City Manager, Dartell Essex; City Attorney, Rodget Howell; City Clerk, Ferns S. Phillips; Assistant City Engineer, Ronald Nottingham. MINUTES: It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, the Minutes of September 4, 1962 be approved as mailed. ORAL C(1~41/NICATIONS: There were no oral communications received at this time. WRITTEN CO1~I/NICATION FROM EDWARD Jo FLYNN RE: SUPPORT OF "CARE" PROGRAM: A written c~,unication from Edward J. Flynn, 7046 Hollywood Blvd., Los Angeles, Cali[ornia, dated September 10, 1962 requesting the City to endorse the "Care" program was presented. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this coua,,unication be received and filed and any interested citizen should contact the City Manager's office for further details for participation in this "Car~' program. WRITTEN CO~4UNICATION FROM ORANGE COUNTTY BOUNDARY COMMISSION RE: PROPOSED ANNEXATION TO CITY OF LOS ALAMITOS: A written co~nnunication from the Orange County Boundary Con~nission regarding a proposed annexation to the City of Los Alamitos was presented. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, this communication be received and filed. WRITTEN CO~4UNICATION FROM PLAN~.ING CO}~XlSSION RE: ABSENCE OF COMMISSIONER'S FROM MEETiNGS: A written communication from the Planning Commission regarding the absence from Planning Commission meetings of Cormnissioner Drexel O. Berry was presented. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, the City Manager be directed to write a letter to Commissioner Berry requesting information on attending meetings and report to the City Council. CONSIDERATION OF FINAL TRACT MAP NO. 4103~ STAR DUST LANDS~ INC.: Final Tract Map No. 4103, Street, Water and Sewer Bonds and Agreements for that property located south of City Hall and north of Ball Road as proposed by Star Dust Lands Inc., 1665 So. Brookhurst Street, Anaheim, California was presented. September 17, 1962 After discussion, it was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the Public Improvement Bonds and Agreements be accepted and the Mayor and City Clerk be authorized to sign said Agreements on behalf of the City, that Final Tract Map No. 4103 be approved as submitted and the City Clerk be authorized to sign the Record Map as presented. CONSIDERATION OF TENTATIVE TRACT MAP NO. 4398] SHERMAN WHITMORE: Tentative Tract Map No. 4398, for that property located between Moody and Denni, north of the Tank Farms, as requested by Sherman Whirmore, Newport Beach, Calif. was presented. It was moved by Councilman Wright, seconded by Councilman Noe, and unanimously carried, this Tentative Tract Map No. 4398 be approved subject to the following conditions: 1. Master Plan of Drainage Fees of $950.00 per acre be paid in accordance with Revised Master Plan of Drainage 2-A. 2. The drainage channel be widened to a 50' right of way and the alley be provided. 3. That drainage improvements both on-site and off-site be constructed to the satisfaction of the City Engineer. 4. That street dedication and improvements be made around the portion shown as "not a part" on the tentative map. 5. A 5' block wall fence be constructed along the rear property lines of Lots 91 through 97. 6. That the flood control channel be fenced to the satisfaction of the City Engineer, cost of fence to be deducted from the total Master Plan of Drainage fees paid by Developer. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSINT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None ACCEPTANCE OF GRANT DEED FROM HOLY CROSS LUTHERAN CHURCH ON CERRITOS AVENUE: A Grant Deed for street right of way purposes on Cerritos Avenue as executed by the Holy Cross Lutheran Church was presented. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Grant Deed be accepted and further that the conditions set forth by Conditional Use Permit No.. C-155 be waived upon receipt of an executed agreement prepared and approved by the City Attorney, guaranteeing the construction of these improvements at a time set forth by the City of Cypress. CITY POLICY ON COOPERATIVE STREET IMPROVEMENT PROGRAMS: The City Manager addressed the Council on the matter of setting a policy for Cooperative Street Improvement between property owners and the City. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, that the City Council approve in general the policy of cooperating on certain street improvement costs where property owners are willing to dedicate required right of way and install the curb, gutter and sidewalk improvement~ and further, that the City Council will review each request and approve or disapprove the cooperative program based on the benefit to be derived ~o the City of Cypress. ACCEPTANCE OF 1961-62 FISCAL YEAR AUDiTOR'S REPORT: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the 1961-62 fiscal year audit report be received and filed and a copy be made available for the City Treasurer. September 17, 1962 AUTHORIZATION FOR ASSISTANT BUILDING INSPECTOR TO ATTEND CONFERENCE: It was moved by Councilman Gorzeman, seconded by Councilman Gordon and unanimously carried, that authorization be given to the Assistant Building Inspector to attend the International Aseociation of Electrical Inspectors meeting and be absent from his duties from October 1, through October 4, 1962, and be re-imbursed for his actual and necessary expenses. REQUEST FOR PROCLAMATION OF "LAMPLIGHTERrS FOR YOUTH DAT': It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the Mayor be authorized to proclaim September 29, 1962 as officially "Lamplighter's for Youth Day'. MONTHLY ACTIVITY REPORT FOR MONTH..OF AU.GUST~ 1962: It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, the Monthly Activity Report for the month of August, 1962 be received and filed. RESOLUTION RE: GAS TAX EXPENDITURES FOR CONSTRUCTION OF BRIDGE ON WALKER STREET: It was moved by Councilman Noe, seconded by Councilman Gorzom~n and unanimously carried, the following Resolution be read by title only: RESOLUTION NO. 300 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Resolution be adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: GordOn, Gorzeman, Noe, Wright and Van Dyke None None RESOLUTION RE: GAS TAX ENGINEERING FUNDS: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the following Resolution be read by title only: RESOLUTION NO. 301 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED (ENGINEERING FUNDS). It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Resolution be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABS~MT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None September 17, 1962 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 5748 THRU 5778 <PAYROLL}: The following Resolution allowing claims and demands for payroll purposes for the last half of August, 1962 was presented, title as..follows: RESOLUT. ION NO. 302 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 5748 THRU 5778. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, this Resolution be adopted by the following called vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke NOES: 0 COUNCII24EN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 5779 THRU 5844 (COMMERCIAL WARRANTS): The followin8 Resolution allowing claims and demands for conmaercial warrants was presented, title as follows: RESOLUTION NO. 303 A RESOLUTION OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 5779 THRU 5844. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Resolution be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None SECOND READING ORDINANCEI ZONE CHANGE Z-26; SHERMAN WHITMORE; R-]: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-1 (RESIDENTIAL ONE-FAMILY) Z-26. It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None SECOND HEADING ORDINANCEI ZONE CHANGE Z-26; SHERMAN WHITMORE; It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-3 (HIGH DENSITY MULTIPLE FAMILY) Z-26. It was moved by Councilman Gordon, seconded by Councilman Noe and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None September 17, 1962 SECOND READING ORDINANCE RE: ZONE CHANGE Z-43; STAR DUST LANDS INC. ~ R-3: It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 140 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-3 (HIGH DENSITY MULTIPLE FAMILY) Z-43. It was moved by Councilman Gordon, seconded by Councilman Gorzeman and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMENi Gordon, Gorzeman, Noe, Wright and Van Dyke COUNCILMEN: None COUNCILMEN: None AGREEMENT WITH STAR DUST LANDS INC.s HE: TRACT NO. 4752: Mr. Richard Owens, Secretary-Treasurer of the Star Dust Lands Inc., 1665 So. Brookhurst, Anaheim, presented an Agreement setting forth the sale price of the proposed homes in Tract No. 4752. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the City accept this proposed Agreement and authorize the Mayor and City Clerk to sign Agreement on behalf of the City. SECOND RE~ING ORDINANCE RE: ZONE CHANGE Z-43; STAR DUST LANDS INC.s (R-l): It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-1 (RESIDENTIAL ONE-FAMILY) Z-43. It was moved by Councilman Gordon, seconded by Councilman Noe and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 COUNCII/~EN: NOES: 0 COUNCII}IEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None SECOND READING: ZONE CHANGE Z-46} CITY OF CYPRESS: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-1 (RESIDENTIAL ONE-FAMILY) Z-46. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCII24EN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None September 17, 1962 SECOND READING ORDINANCE RE: ZONE CHANGE Z-33] CHESTER LARKIN: It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN ~RE CITY TO ZONE R-1 (RESIDENTIAL ONE-FAMILY) Z-33. It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, this Ordinance be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCIlAMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None ORDINANCE RE: ZONE CHANGE Z-371 PIER PROPERTY: It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE R-1 (RESIDENTIAL ONE-FAMILY) Z-37. It was moved by Councilman Noe, seconded by Councilman Wright this Ordinance be adopted. Motion failed to pass. Discussion was held on the matter of further consideration of this Zone Change for an industrial site on part of the area included in the above described property. It was then moved by Councilman Gorzeman, seconded by Councilman Gordon and carried, that this matter be continued until the next meeting of the City Council and after a Joint Planning Commission and City Council study session of the Master Plan of the area concerned. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman and Wright Noe and Van Dyke None SECOND HEADING ORDINANCE RE: TAXI CAB PERMITS: It was moved by Councilman Gorzeman, seconded by Councilman Noe and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 145 AN ORDINANCE OF THE CITY OF CYPRESS REGULATING THE USE AND OPERATION OF TAXICABS OR LIMOUSINES UPON THE PUBLIC STREETS OF THE CITY OF CYPRESS; PROVIDING FOR DRIVER'S PERMITS AND AUTHORIZING THE CITY COUNCIL TO HOLD PUBLIC HEARINGS AND TO GRANT OR DENY APPLICATIONS FOR OWNERS' CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; HEGULATING THE RATES OF FARES TO BE CHARGED FOR THE USE OF TAXICABS AND LIMOUSINES; PROVIDING A PENALTY FOR VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. It was moved by Councilman Gorzeman, seconded by Councilman Noa and unanimously carried, this Ordinance be adopted by the following called vote: September 17, 1962 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None FIRST READING ORDINANCE RE: AMENDING BUSINESS LICENSE ORDINANCE; BILLBOARDS: It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 82 OF THE CITY OF CYPRESS LICENSING THE TRANSACTIONS OF BUSINESSES, TRADES, PROFESSIONS, OCCUPATIONS AND SERVICES IN THE CITY OF CYPRESS FOR THE PURPOSE OF RAISING REVENUE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, this Ordinance pass its first reading by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None AMENDMENT TO ZONING ORDINANCE NO. 90 RE: ANNEXATION: It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, the City Attorney be directed to prepare a proposed amendment to the Zoning Ordinance No. 90 regarding the zoning of future areas requesting annexation to the City of Cypress. INITIATION OF ZONE CHANGES FOR ALL APEAS NOW IN EXIS{ING R-1 USES: It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, that the Planning Co~nission be directed to initiate zone change proceedings for all those areas of Residential One-Family Zones. AUTHORIZATION FOR CITY ATTORNEY TO ATTEND ATTORNEY'S CONFERENCE IN CHICAGO: It was moved by Councilman Gorzeman, seconded by Councilman Gordon and unanimously carried, that authorization for City Attorney, Rodget Howell to attend the National Conference of Attorney~s to be held in Chicago and the City to re-imburse him for one-half of all actual and necessary expenses incurred. ANNOUNCEMENT OF JOINT STUDY SESSION OF PLANNING CO~4ISSION..AND q~TY COUNCIL FOR MASTER PLAN STUDIES: The Mayor announced that on September 27, 1962 there will be a j oint study session for the Planning Cou~nission and City Council for discussion of the Master Plan of the City of Cypress. ORAL COt~JNICATIONS: Mr. Wayne Worley, Orange Avenue, Cypress, California addressed the Council concerning the construction of the sewer lines and requested information as to when they would be available for hook-on. Mr. Worley was advised it would probably be within the next few months the sewer would be completed. September 17, 1962 ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the meetin~ adjourn at 8:45 P. M. ATTEST: .... ' .... CITY CLERK September 17, 1962