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Minutes 62-10-29MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 29, 1962 The City Council of the City of Cypress met in adjourned session in the Council Chambers, 9471 South Walker Street, Cypress, California on Monday, October 29, 1962 at 7:30 P. M,, Mayor Van Dyke presiding. PRESENT: ABSENT: Gordon,.Noe, Wright and Van Dyke Gorzeman Also present were: City Manager, Dartell Essex; City Attorney, Rodget Howell; City Engineer, John M. Tours; and City Clerk, Ferne S. Phillips. MINUTES: It was moved by Councilman Wright, seconded by Councilman Noe, and unanimously carried, the Minutes of October 15, 1962 be approved as mailed. ORAL COMMUNICATIONS: Mr. Milt Peters, 3609 Savannah Street, Anaheim, California representing the Dale Davis Revival Team, addressed the Council requesting an application for a Conditional Use Permit to allow the erection of a tent to hold public revival services for 30 to 60 days on the corner of Bloomfleld and Lincoln be considered at their next regular meeting. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, by reason of the circumstances in this case and the hardship created, the City Clerk be authorized to publish Notice of Public Hearing for application for Conditional Use Permit for the next regular meetin~ of the Council. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE SECTION 103.5: The Mayor announced this was the time and place for the public hearing to consider amendment to the Zoning Ordinance and specifically Section 103,5 respecting classification of annexed lands and unclasslfled property as initiated by the City, and asked if anyone in the audience wished to speak For or against this proposed amendment, There being no written communications and no oral protests, the Mayor declared the public hearing closed, 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 OF CYPRESS AMENDING ORDINANCE NO. ENTITLED "ZONING ORDINANCE OF THE CITY OF CYPRESS" AND PARTICULARLY SECTION 103,S It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, this Ordinance pass its first reading by the following called vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Gordon, Noe, Wright and Van Dyke None Gorzeman October 29, 1962 PUBLIC HEARING RE: APPEAL ON VARIANCE NO. V-165: The Mayor announced this was the time and place for the public hearing to consider an appeal of the Planning Commission decision of denial of the application for variance of front yard setbacks, rear yard setbacks and lot sizes of Tract No, 4752 located on Cerritos between Moody and Denni as requested by Star Dust Lands Inc. P. O. Box 2067, Anaheim, California and asked if anyone in the audience wished to speak for or against this matter. There being no written communications and no oral protests, the Mayor declared the public hearing closed. tt was moved by Councilman Wrighte seconded by Councilman Noe and unanimously carried this Variance be approved subject to the followln~ conditions: 1. Approve lot sizes as requested. Approve setbacks as requested based on the submission of a plot plan approved by the City Manager, City Engineer and Assistant Building Superintendent, WRITTEN COMMUNICATION FROM STANDARD DEVELOPMENT CORP, RE: IMPROVEMENT BONDS ON TRACT NO. 3990: " RELEASE OF A written communication from Standard Development Corporation, 8670 Wilshire Boulevard, Beverly Hills, California requesting release of Improvement Bonds for Tract No. 3990 was presented. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, to accept the public improvements and further authorize the City Clerk to file a Notice of Completion, and release bonds on the expiration of the time limit set forth in filing Notice of Completion. WRITTEN COMMUNICATION FROM TONY MERCURY RE: WAIVER OF FEE FOR CONDITIONAL USE PERMIT: A written communication from Tony Mercury, 6292 Lincoln, Cypress, California requesting waiver of application fee for ConditionalUse Permit was nresented, based on the fact he had made an improper application and paid fees previously. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried~ the application fee be waived due to previous fees having been paid. WRITTEN COMMUNICATION FROM CENTRALIA SCHOOL DISTRICT RE: PROPOSED SCHOOL SITE DEDICATIONS AND PUBLIC IMPROVEMENTS: "' A written communication from the Centralla School District, 6625 La Palma Avenue~ Buena Park, stating the School Board by unanimous vote have expressed their explicit desire to not comply with the City Zoning Ordinance to dedicate or improve any property for drainage purposes on the south side of the parcel under eminent domain action was presented. The City Manager advised the City Council that the conditions as set forth in the granting of the Conditional Use PeEknit are not only a part of the Zoning Ordinance, but apply directly to the enforcement of the City's Master Plan of Drainage, After considerable discussion, it was moved by Councilman Wright, seconded by Councilman Noe, and unanimously carried, the City Attorney and City Manager be authorized to negotiate with the School District in regard to these conditions, and if this meets with no success, further authorize the Citv Attorney to pursue a course of action which would require compliance with the conditions as previously set forth in the Planning end City Council decisions on the drainage requirements for this property. October 29, 1962 WRITTEN COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: IMPROVEMENT OF PORTION OF BALL ROAD: A written communication from the Cypress School District, 9241 So, Walker St,~ Cypress requesting the City to improve a portion of Ball Road between Holder and Valley View of approximately 600' in length was presented, After discussion~ it was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried~ this matter be referred to the City Manager and City Engineer for further study of this project. WRITTEN COMMUNICATION FROM VOORHEIS TRINDLE g NELSON INC., RE: EXTENSION OF TIME ON TENTATIVE TRACT MAP NO. 4398: A written communication from K. W. Carlson~ representing Voorheis~ Trindle & Nelson Engineering Firm requesting a one year extension on Tentative Tract Map No. 4399 was presented. It was moved by Councilman Wright, seconded by Councilman Noe, and unanimously carried, this one year extension be granted subject to the following conditions: 1. Dedication for drainage. Two traffic lanes on Carrites and two traffic lanes on Holder along the portion shown as "Not a Part Of" on the Tentative Map No, 4399, be paved. WRITTEN COMMUNICATION FROM D. & E. COMPANY RE: RELEASE OF BONDS ON TRACT NO. 3966: A written communication from D, & E. Company requesting acceptance of public improvements and release of bonds on Tract No. 3966 was presented, It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried~ to accept the public improvements and further authorize the City Clerk to file a Notice of Completion, and release bonds on the expiration of the time limit set forth in filing Notice of Completion, REPORT FROM CITY MANAGER RE: PROPOSED INCREASE IN HIGHWAY USER TAXES TO FINANCE COUNTY ROADS AND CITY STP~EETS: The City Manager presented a report on the proposed increase in Highway User Taxes to finance County Roads and City Streets. After discussion, it was moved by Councilman Wright, seconded by Councilman Gordon and unanimously carried, the City go on record as favoring the proposed one-cent increase in gas tax and further authorize the City Manager to communicate with the League of California Cities and other agencies concerned with this proposed increase in Highway User Tax Funds. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 5002 THRU 6035: The followink Resolution was read by title only: RESOLUTION NO. 308 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOWING CLAIMS AND DEMANDS NOS. 8002 THRU 6035. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, this Resolution be adopted by the following called vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: i COUNCILMAN: Gordon, Noe, Wright and Van Dyke None Gorzeman October 29, 1962 RESOLUTION OF INTENTION TO VACATE PORTION OF MYRA STREET: The following Resolution was read by title only: RESOLUTION NO. 309 A RESOLUTION OF THE CITY OF CYPRESS DECLARING THE INTENTION OF THE CITY COUNCIL TO ORDER THE VACATION OF A PORTION OF MYRA AVENUE FROM MOODY STREET TO BLOOMFIELD STREET. It was moved by Councilman Wrights seconded by Councilman Gordon and unanimously carrieds this Resolution be adopted by the following called vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Gordon, Noes Wright and Van Dyke None Gorzeman APPOINTMENT OF PLANNING COMMISSIONER: The Mayor announced the appointment of Wayne Worley, 6412 Orange Ave., Cypress to serve as Planning Commissioner to fill the unexpired term of Drexel O, Berry, term to expire August 5, 1965. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried to accept the Mayor's appointment, RESIGNATION OF COUNCILMAN FRANK NOE AS REPRESENTATIVE OF THE UNITED NATIONS COMMITTEE: It was moved by Councilman Wright, seconded by Councilman Gordon and unanimously carpleds to accept the resignation of Councilman Frank Noe as United Nations Representative. APPOINTMENT OF REPRESENTATIVE TO TNE UNITED NATIONS COMMITTEE: It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried~ to accept the appointment by the Mayor Of Mr. Joe Mason to serve as representative on the United Nations Committee, AUTHORIZATION FOR CITY MANAGER AND STAFF TO ASSIST IN PROPOSED ANNEXATIONS TO THE CITY: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, that authorization be given to the City Manager and members of the staff to assist any person or persons requesting assistance in annexation of territory to the City of Cypress. WEED ABATEMENT: It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, that the City Manager be directed to notify property owners to abate weeds and prepare a program of weed abatement, ADJOURNMENT: There being no further business to come before the Councils it was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, the meeting adjourn at 9:05 P, M, M Y CItY OF. A ESS ATTEST: October 29, 1962