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Minutes 63-02-11MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD February ll, 1963 The City Council of the City of Cypress met in regular session on February 11, 1963 at 7:30 P. M., in the Council Chambers, 9~71 South Walker Street, Cypress, California, Mayor Van Dyke presiding. PRESENT: Gordon, Gorzeman, Noe, Wright and Van Dyke ABSENT: None Also present were: City Manager, Dartell Essex; City Attorney, Rodget Howell; City Engineer, John M. Toups; and City Clerk, Ferns S. Phillips. MINUTES: It was moved"Fy'~TdunCilman Noe, seconded by Councilman Gordon and unanimously carried, the Minutes of January 21, 1953 he approved as mailed. ORAL COMMUNICATIONS: Mr. Paul Angers, 10352 Aurelia Ave., Cypress addressed the Council regarding the replacement and maintenance of parkway trees in the residential areas. The City Manager advised the Council this matter was being studied and a report would he presented within the next few weeks. Mrs. Margaret Hennessey, 5711 Camp Street, Cypress, California addressed the Council concerning recent rainfall causing flooding on property at the rear of her home. The City Manager advised the Council the Public Works Department would investigate this matter. PUBLIC HEARING RE: VARIANCE NO. V-6| GEORGE W. SMITH ENTERPRISES, INC.: The Mayor announced this was the time and place for the appeal on the decision of the Planning Commission on Variance No. V-6 to allow the construction of a sign at 6122 Lincoln Avenue, Cypress, California, as requested hy George W. Smith Enterprises, Inc., 6122 Lincoln Avenue, Cypress, California and asked if anyone in the audience wished to speak for or against this proposed Variance. COUNCILMAN MARK WRIGHT requested permission to be excused from the podium at this time. Mr. George W. Smith, 6122 Lincoln Avenue, Cypress, California addressed the Council as the applicant, speaking in favor of this proposed Variance. Mr. Jim Duncan, 9582 Walker Street, Cypress, California addressed the Council speaking in favor of this proposed Variance. Mr. C. L. Wicker, 61~ Lincoln Avenue, Cypress and Mr. John Kanel 5502 Mildred Circle, Cypress, also addressed the Council regarding this proposed use. There being no written communications and no further oral comments, the Mayor declared the public hearing closed. It was moved by Councilman Noe, seconded by Councilman Gord~n and unanimously approved this Variance be granted subject to the penalty as set forth in the Uniform Buildin~ Code in reference to permit fees. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Gordon, Gorzeman, Non and Van Dyke None Wright February 11, 1963 WRITTEN COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: APPL FEES: WAIVER OF A written communication from the Cypress School Districtm 92~1 South Walker, Cypress, requesting waiver of application fees for Conditional Use Permit was presented, It was moved by Councilman No,, seconded by Councilman Gorzeman and unanimously carried, the application fees for Conditional Use Permit he waived. WRITTEN COMMUNICATION FROM ORANGE COUNTY BOUNDARY COMMISSION RE: NO. 7 ANNEXatION"';' TO CIT~ 'OF BUENA PARK: "CRESCENT A written communication from Orange County Boundary Commission regarding a proposed annexation to the City of Buena Park known as "Cresc nt e Avenue, No. 7 Annexation" was presented. It was moved by Councilman No,, seconded by Councilman Gordon and unanimously carried, this communication be received and filed, WRITTEN COMMUNICATION FROM CITY OF STANTON RE: PROPOSED FREEWAY ROUTES: A written communication from the City of Stanton regarding the proposed freeway routes was presented. It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, this communication be received and filed and the City Manager be directed to advise the City of Stanton the City of Cypress would review the proposed routes and participate in any area-wide study group organized for reviewing these proposals. WRITTEN COMMUNICATION FROM CITY OF WESTMINISTER RE: PROPOSED FREEWAY ROUTES: A written communication from the City of Westminister regarding the proposed freeway routes was presented. It was moved by Councilman Noet seconded by Councilman Gordon, and unanimously carried, this communication be received and filed and the City Manager be directed to advise the City of Westminister the City'of Cypress would review the proposed routes and participate in any area-wide study group organized for reviewing these proposals. WRITTEN COMMUNICATION FROM ORANGE COUNTY BOUNDARY COMMISSION RE: ANNk'XA'T'ION"' TO 'THk' 'CITY' '0~ CY'P~ESS: " "LINCOLN A written communication from the Orange County Boundary Commission certifying to the boundaries of the proposed "Lincoln Annexation" to the City of Cypress was presented, It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this communication be received and filed. ACCEPTANCE OF AUDITOR'S REPORT FOR PERIOD ENDING DECEMBER 31! 1962: It was moved by Councilman No,m seconded by Councilman Gorzeman and unanimously carried, the Auditor's Report for the period ending December 31, 1952 be accepted. COUNCILMAN WRIGHT returned to his chair on the podium at this time. February 11, 1963 CONSIDERATION OF FINAL TRACT MAP NO, 4773~ ROBERT H, GRANT COMPANY= Consideration of Final Tract Map No. 4773 for that property north of Ball Road, between Walker and Moody consisting of 44 lots am requested hy Robert N. Grant Company, was presented. A written communication from Mr. Frank Boersma, Cypress requesting a cement block wall to be constructed 50 feet from the property line on the east side of his leased property and a street he provided on the north portion of the adjoining property to allow hay trucks to have access for delivery purposes, was presented. It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, that Final Tract Map No. 4773 he approved subject to the following conditions: 1. Bonds and Agreements for public improvements he accepted and the Mayor and City Clerk he authorized to sign on behalf of the City. 2. That the City Clerk be authorized to sign the Record Map. The Developer construct a six foot chain link fence or equivalent along the west line of Tract 4773 and to further provide egress for the dairy operation on Canterbury or the north property line of the dairy property for empty hay trucks only. A surety bond be submitted for construction of this fence in an amount to he determined by the City Engineer. CONSIDERATION OF FINAL TRACT MAP NO. 4686; ROBERT H. GRANT COMPANY: Consideration of Final Tract Map No, 4686 for that property north of Ball Road, between Walker and Moody consisting of 62 lots as requested hF Robert N. Grant Company, 1665 South Brookburst, Anaheim, California, was presented. It was moved by Councilman Wright, seconded by Councilman Nee, and unanimously carried, that Final Tract Map No, 4686 he approved subject to the following conditieas: 1. BOnds and Agreements for public improvements he accepted and the Mayor and City Clerk are authorized to sign on behalf of the City. 2. The City Clerk be authorized to sign the Record Map. 3, The Developer construct a six foot chain link fence or equivalent along the south line of Tract 4686. A surety bond be submitted for construction of this fence in an amount to be determined by the City Engineer. ACCEPTANCE OF CORPORATION GRANT DEED FROM SHELL OIL COMPANY: It was moved by Councilman Wright, seconded by Councilman Nee and unanimously carried, this Corporation Grant Deed for a dedication On the east side of Denni Street, southerly of Lincoln Avenue, he accepted on behalf of the City. ACCEPTANCE OF EASEMENT DEED FROM JOSEPH F. LOURENCO: It was moved by Councilman Noe~ secOnded by Councilman Gorzeman and unanimously carried~ this Easement Deed for dedication to ultimate width on the south side of Orange on Mr. Lourence's property be accepted on behalf of the City, February 11, 1963 REPORT FROM CITY MANAGER RE: RUBBISH SERVICE IN CITY: The City Manager presented a report to the City Council regarding the rubbish service in the City, in reply to several requests from citizens. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the City Manager and City AttOrney prepare an amendment to the franchise agreement pertaining tO fees and report back to the City Council at the next meeting or in any event not to exceed sixty days, and to notify the CoBtractor of the complaints that have been presented to the City, REPORT FROM CITY MANAGER RE: INCREASED MONTHLY HOUSE PAYMENTS: The City Manager presented a written report tO the City Council regarding the increase in monthly house payments of residents in the subdivisions. It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, the City Manager be directed to request an investigation of the increase in monthly payments of the Coast Federal Savings and Loan Association, and make a report to the City Council, RE~ASE OF STORM DRAIN BOND FOR TRACT NO, ~70; Request for release of storm drain bond in Tract No. ~70 as submitted by Macco Realty Corp., was presented. It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, this Storm Drain Bond be released. RELEASE OF RELOCATION BOND; WAYNE WORLEY: Request for release of relocation bond as submitted by Wayne Worley, 6~12 Orange Avenue, Cypress was presented. It was moved by Councilman Gorzeman, seconded by Councilman Nee and unanimously carried, this Relocation Bond No. ~5011, in the amount of $1,000.00 be released. CONSIDERATION OF PETITION FOR ANNEXATION KNOWN AS "LINCOLN ANNE~.ATIONIT.; FORES"T LAWN'COMPaNY: ..... A petition for annexation to the City of Cypress for property consisting of approximately 20 acres, located north of Lincoln between City Limits and Sumner Place as requested by Forest Lawn Company, Glendale, California, was presented. The City Clerk reported the petition has been signed by the property owner and certified there is only one property owner for this area. It was moved by Councilman Gorzeman, seconded by Councilman Gordon and unanimously carried, the following Resolution giving notice of Intention to Annex said property be read by title only: RESOLUTION NO. 33~ RESOLUTION GIVING NOTICE OF PROPOSED ANNEXATION TO THE CITY OF CYPRESS OF UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS THE "LINCOLN ANNEXATION" AND GIVING NOTICE OF THE TIME AND PLACE FOR HEARING OF PROTESTS THERETO. It was moved by Councilman Wright, seconded by Councilman Gorzeman and unanimously carried, this Resolution he ad(~ted hy the following called vote: February 11, 1963 AYES: 5 COUNCILMEN: Gordon, Gorzeman, Nee, Wright and Van Dyke NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ACCEPTANCE OF DEEDS ON "CAROB STREET ANNEXATION": It was moved by Councilman Gordon, seconded by Councilman Gorzeman and unanimously carried, the following Deeds he accepted on behalf of the City of Cypress: 1. Corporation Grant Deed from Macco Realty Company. 2. Grant Deed from Alois M. and Clara M. Rombout. 3.Easement Deed from Erwtn R, Walton. Easement Deed from John W. Emotc. 5.Easement Deed fr~ Refugic and Paula Gonzales. 6.Easement Deed from Harry I. and Nell P. Mot,head. 7.Easement Deed from Arval Marcroft and Virginia Marcroft. 8.Easement Deed frown Ray and Amy Armstrong, 9.Easement Deed from Vance K. and Helen L. Van Dalsem. SECOND READING ORDINANCE RE: ZONE CHANGE Z-63~ CLAUDE AND ELSIE ELLEDGE: me following Ordinance was read by title only: ORDINANCE NO. 156 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-63. It was moved by Councilman Wright, seconded by Councilman No, and unanimously carried this Ordinance be adopted by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, No,, Wright and Van Dyke NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SECOND READING ORDINANCE RE: ZONE CHANGE Z-6~; CITY OF CYPRESS: The following Ordinance was read by title only: ORDINANCE NO. 157 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 A-1 (GENERAL AGRICULTURE) Z-64. It was moved by Councilman Gorzeman, seconded by Councilman No, and unanimously carried, this Ordinance he adopted by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Nee, Wright and Van Dyke NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None February 11, 1963 SECOND READING ORDINANCE RE: "TAYLOR ANNEXATION": The following Ordinance was read by title only: ORDINANCE NO. 158 AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED "TAYLOR ANNEXATION" TO THE CITY OF CYPRESS. It was moved by Counctlman iWright, seconded by Councilman No, and unanimously carried this Ordinance he adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzemanm No,, Wright and Van Dyke None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 6470 THRU 6503 (PAYROLL FOR LAST The following Resolution was read by title only: RESOLUTION NO. 335 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS, 6470 THRU 6503, It was moved by Councilman No,, seconded by Councilman Wright and unanimously carried, this Resolution be adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, No,, Wright and Van Dyke None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 6504 THRU 6547 (COMMERCIAL WARRANTS): The following Resolution was read by title only: RESOLUTION NO. 336 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 6504 THRU 6547, It was moved by Councilman No,, seconded by Councilman GOrzeman and unanimously carried, this Resolution be adopted by the followin~ roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, WriRht ~d Van Dyke None N~e APPOINTMENT OF ASSISTANT CITY ATTORNEY: It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carried, that Alexander Bowie be appointed as Assistant City Attorney for the City of Cypress by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, No,m WriSht and Van Dyke None N~e February 11, 1963 PROGRESS REPORT FROM CITY MANAGER RE: PARK STUDYz The City Manager presented to the City Council a progress report on the recent park study that has been conducted by the City, and stated that the completed study will be ready for the City couneil's review in approximately 60 days. APPRAISER FOR CIVIC CENTER SITE: The City Manager reported that the City has employed the services of an appraiser to appraise Civic Center sites "A" add "B" as submitted by the Civic-Center Site Selection Committee. ORAL COMMUNICATIONS: There were no oral communications presented at this ADJOURNMENT: There being no further business to come before the City Council, it was moved hy Councilman Noe, seconded hy Councilman Gorzeman and unanimously carried, the meeting adjourn at 9:17 P. M. MAYOR ATTEST: //' CITY CLERK February 11, 1963