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Minutes 63-02-25MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD February 25, 1963 The City Council of the City of Cypress met in regular session on February 25, 1963 at 7:30 P. M., in the Council Chamberss 9471 South Walker Street, Cypress, California Mayor Van Dyke presiding. PRESENT: Gordon, Gorzemans Noes Wright and Van Dyke ABSENT: None Also present were: City Manager, Dartell Essex; City Attorney, Rodget Howell; City Engineer, John M. Toups; and City Clerks Ferne S. Phillips. MINUTES: It was moved by Councilman Noe, seconded by Councilman Wright and unanimously carried, the Minutes of February 7s 1963 be approved as mailed. It was moved by Councilman Gordon, seconded by Councilman Gorzeman and unanimously carried, the Minutes of February 8, 1963 be approved as mailed. It was moved by Councilman NOes seconded by Councilman Gordon and unanimously carried, that the following correction be made in the Minutes of February 11, 1963 on Page 3 under Consideration of Final Tract Map No. 4773; The third condition should read as follows: That the Developer construct a 6 foot chain link fencet or equivalent, along the west line of Tract 4773 and to further provide egress for the dairy operation on the north property line of the dairy property or an opening on Canterbury for empty hay trucks only. ORAL COMMUNICATIONS: There were no oral communications presented at this time. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-145~ COLUMBI~ OUTDOOR ADVERTISING: The Mayor announced this was the time and place for the public hearing to consider application for Conditional Use Permit to allow the erection of six billboards for the purpose of directing traffic to new subdivisions and to be located on the south side of Lincoln, 495' west of Denni~ on Moody south of Camp; northeast corner of Moody and Ball~ northwest corner of Walker and Ball; west side of Valley View 160' north of Ball; the north side of Cerritos at the west end of the Tract, as requested by Columbia Outdoor Advertising, 7591 Acacia Avenue, Garden Grove, known as Conditional Use Permit No. C-145s and asked if anyone in the audience wished to speak for or against this proposed use. There being no written communications and no oral protestss the Mayor declared the public hearin~ closed, It was moved by Councilman Noe, seconded by Councilman Wright and carriedt that application for Conditional Use Permit No. C-145 be granted subject to the following conditions as set forth by the Planning Commission: 1. No other advertising copy on the sign referring to the tract. 2. Permit to expire 2 years from date of issuance or at the time all homes are sold, whichever may occur first. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMANs ABSENT: 0 COUNCILMEN: Gordon, Noes Wright and Van Dyke Gorzeman None February 25, 1963 POLICY ON ISSUANCE OF SIGN PERMITS: It was moved by Councilman Wright~ seconded by Councilman Gorzeman and carried, the policy of the City of Cypress will be not to issue any sign or building permits unless they comply with the Ordinance and Codes adopted by the City, with no exceptions to these requirements~ and the Building Department be instructed to prosecute all violators~ with a copy being sent to all Sign Companies doing business in the City. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 1 COUNCILMAN~ ABSENT: 0 COUNCILMEN: Gordon, Gorzeman~ Wright and Van Dyke Noe None PUBLIC HEARING RE: ZONE CHANGE Z-68~ GERTIE SPYKSMA: The Mayor announced this was the time and place for the public hearing to consider application for amendment to the Zoning Ordinance to change the zone from A-2 (Heavy Agriculture) to R-3 (High Density Multiple Family) that property located on the north side of Ball, west of Juanlta and south of Car~on Creek as requested by Gettie Spyksma, 9711 Juanira Avenue, Cypress and known as Zone Change Z-68 and asked if anyone in the audience wished to speak for or against this proposed zone change. There being no written communications and no oral protests~ the Mayor declared the public hearing closed, It was moved by Councilman Noe, seconded by Councilman Wright 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-3 (HIGH DENSITY MULTIPLE FAMILY) Z-68. It was then moved by Councilman Wright~ seconded by Councilman Gorzeman and unanimously carriede this Ordinance pass its first Peadlng and the second reading of this Ordinance be continued until such time as a tentative plot Dlan is submitted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke None None PUBLIC HEARING RE: ZONE CHANGE Z-69; GERTIE SPYKSMA: The Mayor announced this was the time and place for the public hearing to consider application for amendment to the Zoning Ordinance to change the zone from A-2 (Heavy AgrlcultuPe) to R-1 (Residential One-Family) that property located north of Carbon Creek between Valley View and Juanira, as requested by Gettie Spyksma~ 9711 Juanira Avenue, Cypress, California, and known as Zone Change Z-69 and asked if anyone in the audience wished to speak for or against this proposed zone change, Mr. Lindeboom 9872 Valley View, Cypress, addressed the Council requesting notification of meeting when Tentative Map is filed for consideration of fence along his property llne, There being no written communications, and no further oral co~inents~ 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: February 25, 1963 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-69, It was then moved by Councilman Noe, seconded by Councilman GoPzeman and unanimously cappiede this Opdinance pass its first reading by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ Gopzeman, Noe~ Wright and Van Dyke None None PUBLIC HEARING RE: ZONE CHANGE Z-70; A. C. SYKES AND D. R, HUNGERFORD: The Mayop announced this was the time and place fop the public heaping to considep application fop amendment to the Zoning Opdinance to change the zone fpom M-1 (Light Industrial) to R-3 (High Density Multiple Family) that ppopepty located noptheply of Opange Avenue, and easteply of Valley View as requested by A. C. Sykes and D, R. Hungepfopd, 15756 Woodpuff Avenue~ Bellflowep, Califopnia~ and known as Zone Change Z-70 and asked if anyone in the audience wished to speak fop or against this ppoposed zone change. Mp. A, C. Sykes~ 15756 Woodruff Avenue, Bellflowep, Califopnia, addPessed the Council~ as the appllcant~ speaking in favop ef the ppoposed zone change. There being no wPitten communications and no opal ppotestsI the Mayop declaped the public heaping closed. It was moved by Councilman Noe, seconded by Councilman Gopzeman and unanimously capPied~ the following Opdinance be pead 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-3 (HIGH DENSITY MULTIPLE FAMILY) Z-70. It was then moved by Councilman Noe, seconded by Councilman Gopdon and unanimously cappied~ this Opdinance pass its flpst peading and the second peadlng of this Opdinance be continued until such time as a tentative plan is submitted. The following poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gopdon, Gopzeman~ Noe, Wpight and Van Dyke None None PUBLIC HEARING RE: VACATION OF A PORTION OF BELLE AVENUE; CITY OF CYPRESS: The Mayop announced this was the time and place fop the public hearing to considep ppotests to the ppoposed vacation of a portion of Belle Avenue~ between Moody Stpeet and Bloomfleld Avenue located in Tpacts 3742 and ~0~7 (eight feet) as initiated by the City of Cypress, and asked if anyone in the audience wished to speak for oP against this ppoposed vacation. Thepe being no wpitten communications and no oral protests, the Mayop declaped the public heaping closed. It was moved by Councilman Wright~ seconded by Councilman Noe and unanimously cappied~ the following Resolution be pead by title only: RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ORDERING THE VACATION OF A PORTION OF BELLE AVENUE BETWEEN MOODY STREET AND BLOOMFIELD, FebPuapy 25~ 1963 It was then moved by Councilman Noe~ seconded by Councilman GordDn and unanimously carried this Resolu~lon 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 It was then moved by Councilman Noee seconded by Councilman Gordon and unanimously carried, the City Council Pe-conslder the previous motion. At this time~ the Mayor formally closed the public hearing. It was moved by Councilman Gorzeman~ seconded by Councilman Gordon and unanimously carriede this matter be taken under submission. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT= 0 COUNCILMEN~ GoPdon~ GoPzemant Noe~ Wright and Van Dyke None None WRITTEN COMMUNICATION FROM CITY OF FOUNTAIN VALLEY RE: REAPPORTIONMENT OF STATE SENATE AND WITHHOLDING STATE INCOME TAX: A written communication from the City of Fountain Valley pegardinE the reapportionment of the State Senate and opposing the WithholdinE of State Income Tax was presented. It was moved by Councilman Noe, seconded by Councilman Gordon and unanimously carriede this communication be received and filed. WRITTEN COMMUNICATION FROM CITY OF ANAHEIM RE: ASSEMBLY BILL NO. 28: A written communication from the City of Anaheim and the City of Santa Ana regarding their stand of opposition to Assembly Bill No. 28~ and requesting the City of Cypress to take a stand in regard to this Bille waspresented. It was moved by Councilman Gorzeman~ seconded by Councilman Wright and unanimously carried that the City of Anaheim and the City of Santa Ana be notified that the City of Cypress is in opposition to Assembly Bill No. 28, and would further notify the State of such action. WRITTEN COMMUNICATION FROM AMERICAN CANCER SOCIETY RE: FUND DRIVE: A written communication from the American Cancer Society requesting permission to conduct a fund drive in the City of Cypress during the month of April~ 1963~ was presented. It was moved by Councilman Noe~ seconded by Councilman Gorzeman and unanimously carried~ this request be granted. WRITTEN COMMUNICATION FROM ORANGE COUNTY BOUNDARY COMMISSION RE: "WALKER STREET ANNEXATION"| A written communication from the Orange County Boundary Commission regarding the proposed "Walker Street Annexation" was presented. It was moved by Councilman Wright, seconded by Councilman Gorzeman and unanimously carrled~ this communication be received and filed. February 25m 1963 AWARD OF BID FOR POLICE VEHICLE= The follewing Bids for the purchase of an additional Police Vehicle for the City of Cypress were presented to the Council for their consideration: $ 1,317.90 - Cal Worthington Dodge 1,197.36 - McPeek P1)nnouth 712,85 - A1 Rober~s Plymouth It was moved by Councilman Gorzeman, seconded by Councilman Nee and unanimously carried, that A1 Roberrs Plymouth be awarded the Bid for the Police Vehicle at $712.85. The following roll call vote was taken~ AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: gordon, Gorzeman, Noe, Wright and Van Dyke None None CONSIDERATION OF FINAL TRACT MAP NO. 4928; MACCO REALTY COMPANY: Final Tract Map No. ~928 located north of Crescent and west of Gay Street, approximately 2 acres and 12 lots; acceptance of Agreements and Bonds for Public Improvements; Authorization for Mayor and City Clerk to sign Agreements and authorization for City Clerk to sign Record Marl was presented to the Council. It was moved by Councilman Wrightl seconded by Councilman Nee and unanimously carried, that Final Tract Map No, ~928 be approved; Agreements and Bonds for Public Improvements be accepted; Authorization be given the Mayor and City Clerk to sign Agreements; and authorization be given the City Clerk to sign the record map by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Nee, Wright and Van Dyke None None RELEASE OF BUILDING RELOCATION SURETY BOND; WAYNE WORLEY: Consideration of release on Building Relocation Surety Bond No. ~5528 as submitted by Wayne Worley~ 6~12 Orange Avenue, Cypress~ California was presented. It was moved by Councilman Wright, seconded by Councilman Noe and unanimously carried, this Bond be released by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN= Gordon, Gorzeman, Nee, Wright and Van Dyke None None ACCEPTANCE OF EASEMENT DEED; REUBEN C. WILDER: Acceptance of Easement Deed for street purposes on property located on the northwest corner of Orange and Moody from Reuben C. Wilder~ Cypress, was presented, It was moved by Councilman Gorzeman, seconded by Councilman Noe and unanimously carriedl this Deed be accepted. ACCEPTANCE .OF AGREEMENT BETWEEN CITY OF CYPRESS AND ORANGE COUNTY FLOOD CONTROL DISTRICT RE: MOODY AND WALKER STREET BRIDGES ON CARBON CREEK CHANNEL AND ~ OF BRIDGE ON DENNI: Acceptance of Agreement between the City of Cypress and the Orange County Flood Control District providing for the modification of the existing Moody Street and Walker Street bridges on Carbon Creek Channel, and the construction of a new bridge at Denni Street, as a joint effort~ and authorization for Mayor and City Clerk to sign Agreement on behalf of the City, was presented, February 25~ 1963 It was moved by Councilman Noe, seconded by Councilman Gorzeman and unanimously carried, this Agreement between the City of Cypress and Orange County Flood Control District be aocepted and the Mayor and City Clerk be authorized to sign the Agreements on behalf of the City. MONTHLY ACTIVITY REPORT FOR THE MONTH OF JANUARY, 1963: It was moved by Councilman Gorzeman, seconded by Councilman No, and unanimously carried, the Monthly Activity Report fop the month of January, 1953 be received and filed. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 6548 THRU 6597 (PAYROLL FOR FIRST HALF OF FEBRUARY~ 19631: The following Resolution was read by title only: RESOLUTION NO. 337 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS, 6548 THRU 6597. It was moved by Councilman No,, 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 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS~ 6580 THRU 6601 (COMMERCIAL WARRANTS): The following Resolution was read by title only: RESOLUTION NO. 338 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS~ 6580 THRU 6601, It was moved by Councilman Gorzeman, seconded by Councilman Noe and unanimously carried, this Resolution be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES; 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, No,, Wright and Van Dyke None None REQUEST BY CITY ATTORNEY FOR AUTHORIZATION TO SIGN TAX CANCELLATION FORMS ON BEHALF OF THE CITY OF CYPRESS AS PRESSNTED BY THE ORANGE COUNTY COUNSEL'S ~uFICE: The City Attorney advised the City Council the County Counsel's Office had filed request for tax cancellation fop the Centrail, School District and requested authorization to sign this request on behalf of the City of Cypress. It was moved by Councilman Wright, seconded by Councilman No, and unanimously carried, the City Attorney be authorized to sign the tax cancellation form request on behalf of the City of Cypress as sent by the County Counsel's office, upon receipt of a map showins the property concerned, covering tax exempt property within the City of Cypress. REPORT FROM CITY ATTORNEY RE: LOS ALAMITOS RACE COURSE: The City Attorney advised the City Council the City Manager and City Attorney had met with officials of the Los Alamitos Race Track in which they requested the City Council to assist them in their application for thoroughbred racing, February 25, 1963 It was moved by Councilman Wright~ seconded by Councilman Gorzeman and unanimously carriede the City Attox~ney be authorized to file a brief as "friend of court" in which there is now pending a law suit as to whether or not thoroughbred Pacing should be allowed at the Los Alamitos Race Track in the City of Cypress and authorize the necessary expenses fop this action. The following Poll call vote was taken: AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ GoPzeman~ Noe~ Wright and Van Dyke None None It was then moved by Councilman Wrlght~ seconded by Councilman Gorzeman and unanimously carPied~ the City Council support the efforts of the Los Alamitos Race Course in its efforts to obtain approval for thoroughbred racing as part of its activities and authorize the Mayore City Council~ City ManaZer and City Attorney to testify before Legislative Committees or to support Leglsla~ion to accomplish this purpose. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ Gorzeman~ Noe~ Wright and Van Dyke None None ORAL COMMUNICATIONS: Mr. William D. Shubin~ ~615 Orange Avenue, Cypress~ California addressed the Council commending their decision to assist the Los Alamitos Race Track in their application for thoroughbred Pacing at the Los Alamitos Race Course. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe~ seconded by Councilman Wright and unanimously carried, the Meeting adjourn at 8:55 P. M., in memoriam of Mr. Frank Vessels MAYOR ATTEST: / CITY CLERK February 25~ 1953