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Minutes 63-05-13MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD May 13, 1963 The City Council of the City of Cypress met in regular session on May 13, 1963, in the Council Chambers, 9471 So. Walker, Cypress, California, at 7:30 P. M., Mayor Frank P. Noe presiding. PRESENT: Gordon, Gorzeman, Van Dyke, Wright and Noe ABSENT: None Also present were: City Manager, Darrell Essex,; City Attorney, Rodger Howell; City Engineer, John Toups; and City Clerk, Ferne S. Phillips. MINUTES: It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, the Minutes of April 22, 1963, be approved as mailed. ORAL COMMUNICATIONS: Mr. George Mills, representing V. F. W. Post of Cypress addressed the City Council requesting permission to conduct "Poppy Sales" on May 24 and May 25, 1963, as a fund drive. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried, this request be granted. PRESENTATION OF GAVEL TO COUNCILMAN JACOB VAN DYKE: Mayor Noe presented a gavel to Councilman Jacob Van Dyke in recognition of his services to the City of Cypress as Mayor, and Council- man since incorporation. PROCLAMATION RE: "NATIONAL POLICE WEEK": A proclamation regarding National Police Week was read in full and so ordered by the Mayor for the week May 12 through May 18, 1963. PUBLIC HEARING RE: ZONE CHANGE Z-77; JOHN W. BURR: 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 M-1 (Light Industrial) to R-3 (Nigh Density Multiple Family) that property located on the northeast corner of Cerritos and Bloomfield as requested by John W. and Nell C. Burr, P. O. Box 2, Los Alamitos, 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 Van Dyke, 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) ZONE CHANGE Z-77 (JOHN W. BURR) May 13, 1963 326 It was moved by Councilman Wright, seconded by Councilman Van Dyke, 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, Van Dyke, Wright and Noe None None WRITTEN COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: APPLICATION FOR ON SALE-BEER LICENSEI WALTER W. PARKS: A written communica tion from Alcoholic Beverage Control regarding application for new on-sale beer license by Walter W. Parks, 10461 Valley View Cypress, was presented. It was moved by Councilman Wright, seconded by Councilman Gordon and unanimously carried, this communication be received and filed. WRITTEN COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: APPLICATION FOR OFF-SALE BEER AND WINE LICENSE; U'TOTE'M: A written communication from Alcoholic Beverage Control regarding application for new off-sale beer and wine license by U'Tote'M, 5961 Cerritos, Cypress, was presented. It was moved by Councilman Gorzeman, seconded by Councilman Gordon, and unanimously carried, this communication be received and filed. WRITTEN CO~4UNICATION FROM NATIONAL MULTIPLE SCLEROSIS SOCIETY RE: FUND DRIVE: A written communication from National Multiple Sclerosis Society requesting permission to conduct a fund drive in the City of Cypress as presented. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried this request be approved. APPLICATION FOR PRIVATE PATROL LICENSE: L. SALMON: Application for private patrol service in new subdivisions as requested by Leonard Salmon, 2239 Grand Avenue, Long Beach, California, was presented. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and carried, this permit be approved subject to the approval of the Chief of Police. The following roll call vote was taken; AYES: 5 COUNCILMN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Wright and Noe. Van Dyke None APPLICATION FOR DANCE PERMIT AT KANDY KAIN; JOSEPH JEWETT: Application for dance permit at Kandy Kain Bar, 4612 Lincoln, Cypress, as requested by Joseph Jewerr was presented. It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, this request for dance permit be denied. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5044; ROBERT H. GRANT CO.: Tentative Tract Map No. 5044 for the northwest corner of Valley View and Cerritos, 11 acres, 57 lots, as requested by Robert H. Grant Co., 1665 ~no. Brookhurst Auaheim, was presented. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, that Tentative Tract Map No. 5044 be approved subject to the following conditions: May 13, 1963 - 327 1. "C" Street be 60'; '~", "B" and "D" streets be 52' 2. That the Mater Plan of Drainage fees be paid and drainage, both on-site and off-site, be to the satisfaction of the City Engineer. 3. A 6' block wall be constructed on the property linces of all lots abutting Valley View Street. 4. 6' fence, approved by the Building Department, to be constructed along the north line of the tract, north and east. Also a 6' fence along the west line of the tract unless the property to the west is being developed at the time the homes are occupied in Tract 5044. 5. The developer pay the street light energy cost from the time the homes are occupied until a street light assessment can be levied on the properties. 6. Water to be supplied by the 6outhern California Water Co., or the City of Cypress, at the option of the City. 7. All improvements on the connercial and residential area be installed to the satisfaction of the City Engineer. 8. Subject to the approval of a Variance for the lot depths. CONSIDERATION OF TENTATIVE TRACT MAP NO. ~154; MACCO REALTY CO.: Tentative Tract Hap No. 5154 for that property located on the north- west corner of Carob and Crescent Street, 2 acres 11 lots as requested by Macco Realty Co., was presented. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried Tentative Tract No. 5154 be approved subject to the following conditions: [. All conditions as shown on the Tentative Map No. 5154. CONSIDERATION OF THREE PARTY AGREEMENTS FOR TRACT 5133 and 5134: ROBERT H. GRANT CO.: A three party agreement between the Robert H. Grant Co., Union Bank, and the City of Cypress to guarantee the public improvements on Tract 5133 and 5134 in lieu of bonds was presented. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, these agreements be approved subject to the approval of the City Attorney and authorization be given to the City Clerk to return the Letters of Credit upon receipt of ekecured contracts. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None CONSIDERATION OF FINAL TRACT MAP NO. 4398: The City Manager reported the Developer had requested this Fixml Tract Map No. 4398 be withdrawn and not considered at this time. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to grant the applicant's request to withdraw Finat Map. No. 4398. May 13, 1963 CONSIDERATION OF FINAL TRACT MAP NO. 4966: Final Tract Map No. 4966 located on the south side of Cerritoa, west of Knott Ave., as requested by SLanley Ritter was presented. It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, to continue this matter until the next regular meeting. ACCEPTANCE OF GRANT DEEDS FRCM LARWIN CO.s: The Grant Deeds for the property located on the Flood Control Channel as requested in the vacation of Myra and Belle Avenue ~nd submitted by Larwin Fund, 8670 Wilshire Blvd., Beverly Hills, were presented. It was moved by Councilman Gordon, Seconded by Councilman Gorzeman, and unanimously carried, these Grant Deeds be accepted by the City of Cypress. ACCEPTANCE OF GRANT DEED FROM MARTIN NANNE FOR STREET PURPOSES ON GRINDMY: A grant deed for street purposes for Grindlay Street at Ball Road as submitted by Martin Nanne, Cypress, was presented. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, this Deed be accepted as offered under the Agreement between Martin Nanne and Robert H. Grant & Co., and the City Manager be directed to con~nunicate with the Robert H. Grant Co. expressing appreciation for obtaining the Deed and further that the City will not be able to reimburse the Robert H. Grant Co. for their expense involved. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCII/4EN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None CONSIDERATION OF AGREEMENT FOR CIVIC CENTER SITE: A proposed Agreement for the purchase of property at the northeast corner of Orange and Grindlay for the purpose of development of Civic Center Site was presented. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to accept the Agreement as submitted and m thorize the Mayor and City Clerk to sign Agreement on behalf of the City of Cypress. TENTATIVE TRACT MAP NO. 4650: Tentative tract map no. 4650 for that property on the northeast corner of Orange and Grindlay for the development of the Civic Center Site was presented. It was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carried, TentativeTract Map No. 4650 be approved as submitted. CONSIDERATION OF REVISED ESCROW INSTRUCTIONS RE: EXTENSION OF VALLEY VIEW: Revised Escrow Instructions for the ~onstruction of the extension of Valley View from Katella to the City Limits was presented. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, the Revised Escrow Instructions be approved as submitted and authorization for the Mayor and City Clerk to Sign on behalf of the City of Cypress. May 13, 1963 SECOND READING ORDINANCE RE: ZONE CHANGE Z-72 (GEORGE DYKSTNA): It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried the following Ordinance be adopted approving Zone Change Z-72: ORDINANCE NO. 165 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) ZONE CHANGE Z-72 (GEORGE DYKSTHA) The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: SECOND READING ORDINANCE RE: Gordon, Gorzeman, Van Dyke, Wright and Noe None None ZONE CHANGE Z-73 (MARK L. RIGHT}: COUNCILMAN WRIGHT ASKED TO BE EXCUSED FROM HIS CHAIR ON THE PODION AT THIS TIME. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be adopted approving Zone Change Z-73. ORDINANCE NO. 166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMNDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE C-4 (HIGHWAY CO~a4ERCIAL) AND R-3 (HIGH DENSITY MULTIPLE FAMILY) ZONE CHANGE Z-73 (MARK L. WRIGHT) The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gordon, Gorzeman, Van Dyke and Noe None Wright COUNCILMAN WRIGHT RETURNED TO HIS CHAIR ON THE PODIUM. SECOND READING ORDINANCE RE: ZONE CHANGE Z-74 (STONEBRIDGE ING.): It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman and unanimously carried, the following Ordinance be adopted approving Zone Change Z-74: ORDINAN~ NO. 167 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 ID ZONE C-2 (GENERAL COMMERCIAL) ZONE CHANGE Z-74 (STONEBRIDGE INC.) The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCII/4EN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None SECOND READING ZONE CHANGE Z-76; N. T. & T. PROPERTIESs IND.: It was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried, the following Ordinance be adopted approving Zone Change Z-76: May 13, 1963 ORDINANCE NO. 168 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AFtENDING 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) ZONE CHANGE Z-76 (N.T.&T. PROPERTIES, INC.) The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None Mr. Jesse Elliott, representing N. T. & T. Properties, Inc., 9570 W~lshire Boulevard, Beverly Hills, California, addressed the City Council and stated his Company would agree, in consideration of the City pro- ceeding with the approval of this Zone Change rather than waiting until the adoption of the new Zoning Ordinance proposed, that his development shall be considered as subject to the Subdivision Map Act as to drainage, water, streets, lighting, sewage, fire hydrants, and he will execute an agreement to this effect and further if he does not so execute the agreement no Building Permits will be issed pursuant to this matter. ORDINANCE RE: DESIGNATION OF VALLEY VIEW AS COUNTY HIGHWAY: An Ordinance designating Valley View as a County Highway for the purpose of construction, maintenance, improvement and repair from Katella to the southerly City limits was presented and read in full, title as follows: ORDINANCE NO. 169 AN ORDINANCE DESIGNATING VALLEY VIEW STREET IN THE CITY OF CYPRESS AS A COUNTY HIGHWAY It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, this Ordinance be adopted by the following called vote: NOES: 5 COUNCILMEN: Gordnn, Gorzeman, Van Dyke, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Wright and Noe RESOLUTION RE: VACATION OF PORTION OF BELLE AVENUE: The following Resolution was read by title only: RESOLUTION NO. 360 A RESOLUTION OF THE CITY OF CYPRESS ORDERING THE VACATION OF A PORTION OF BELLE AVENUE BETWEEN MOODY AND BLOOMFIELD. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, this ResolutiOn be adopted by the following called vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: I None ABSENT: 0 COUNCILMEN: None RESOLUTION RE: ABATEMENT OF WEEDS: It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, the following Resolution be adopted: May 13, 1963 RESOLUTION NO. 361 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY AND A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PRDVIDE FOR THE ABATEMENT THEREOF. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None RESOLUTION RE: LIGHTING DISTRICT: A resolution ordering the City Engineer to prepare an assessment, diagram and report for Cypress Lighting District No. 2 was presented, title as follows: RESOLUTION NO. 362 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLAN~, SPECIFICATIONS, ESTIMATE AND REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919" FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF EIGHTEEN (18) YEARS AND THREE (3) MONTHS BEGINNING OCTOBER 1, 1963, AND ENDING JANUARY 1, 1982, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, this Resolution be adopted by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 6879 TMRU 6913 (PAYROLL): It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted: RESOLUTION NO. 363 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND D~2~ANDS NOS. 6879 THRU 6913. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, NOES: 0 COUNCII24EN: None ABSENT: 0 COUNCILMEN: None Wright and Hoe RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 6914 THRU 6967 (CO~ERCIAL WARRANTS.): It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted: May 13, 1~63 ............. '3B RESOLIfrlON NO. 364 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND D~MANDS NOS. 6914 THRU 6967. The following roll call vote was taken: AYES: 5 COUNCII24EN: Gordon, Gorzeman, Van Dyke, Wright and Hoe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ALLOWING CLAIM AND D~14AND NO. 6968: It was moved by Councilman Gordon, Seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted: RESOLUTION NO. 365 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CLAIM AND D~}tAND NO. 6968. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright APPOINTHENT OF AUDITING COMHITTEE: It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, to accept the Mayor~s appointment of Councilman Shirley Gordon, and [dayor Pro-TemMark L. Wright to serve on the Auditing Committee with the City Treasurer, John C. Leal, effective as of this date. WRITTEN CO~IUNICATION FROM ASSEMBLYMAN RE: A.B. #5270: The City }tanager presented a written communication from Assemblyman William Dannemeyer regarding A. B. #5270, requesting an expression from the City Council. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, the City Manager be directed to advise the City of Cypress has no objection to the present legislation as it now exists. CONTRACT FOR MAINTENANCE OF CITY MALL BUILDINGS: The City Manager presented a proposed contract with Lynn G. Lawrence dba Thorough Maintenance Co., 8131Vons Drive, Garden Grove, California, for the maintenance of the City Hall Buildings. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman and unanimously carried, this contract be approved as submitted and authorization for the Mayor and City Clerk to sign contract on behalf of the City. AUTHORIZATION EOR EXPENDITURE OF FUNDS FOR WIDENING OF BRID~E ON MOODY: The City Manager presented a request for additional funds for the construction of four traffic lanes on the Moody Street Bridge in an amount not to exceed $10,000.00. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, that an additional expenditure of funds in an amount not to exceed $10,000.00 be appropriated for the construction of four traffic lanes on the Moody Street Bridge. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None May 13, 1963 -333 REQUEST FROM SANTA ANA REGISTER FOR PARTICIPATION IN PUBLICATION FOR CITY OF CYPRESS: The City Manager presented a request from the Santa Aria Register to participate by advertisement in the publication of a brochure for Orange County Cities to be sent to sections of the United States and throughout the State of California. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, to table this request. The following roll call vote was taken: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman and Van Dyke Gordon, Wright and Noe None It was then moved by Councilman Gordon, seconded by Councilman Wright, and carried, the City of Cypress subscribe to an advertisement not to exceed $150,00 for the publication of this brochure. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Wright and Noe Gorzeman and Van Dyke None ORAL CO1~UNICATIONS: Mr. James Duncan, Walker Street, Cypress, California, addressed the City Council concerning the amount of funds available for the construction of the Civic Center Site, ADJOURI~4ENT: There being no further business to come before the Council, it was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the meeting adjourn at 9:40 P. M. ATTEST: CITY CLBRK / May 13, 1963