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Minutes 63-07-08- 355 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 8, 1963 The City Council of the City of Cypress met in regular session on July 8, 1963 at ?:30 P. M., in the Council Chambers, 9~?1 So. Walker, Cypress Mayor Frank P. Noe presiding. PRESENT: ABSENT: Gordon, Gorzeman, Van Dyke, Wright and Noe None Also present were: City Attorney, Rodger Howell, City Clerk, Ferne S. Phillips, Assistant City Manager, Darrell Dalton, and Assistant City Engineer, Ronald Nottingham. MINUTES: It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, the Minutes of June 10, June 17 and June 24, 1963 be approved as mailed with the following corrections on the Minutes of June 24, 1963: "Page 2, under C-152, the words "as representatives" in place of "as proposed operators" of the Auto Wrecking Co". "Page 7 under Written Communication from A. G. Garcia, the word "presented" in place of "read in full". ORAL COMMUNICATIONS: Mr. Jim Duncan, Walker Street, Cypress addressed the Council commending the Police Department for their contributions to the remodeling of the police building. Councilman Van Dyke stated he wished to express his appreciation also for the work accomplished by members of the Police Department in their new location. It was then moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, the Cypress Police Department be officially commended for their work and contribution to the City. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-153; COLUMBIA OUTDOOR ADV. CO.: The Mayor announced this was the time and place for the public hearing to consider application for Conditional Use Permit to allow a temporary 10 x 10 sign to advertise on the northwest corner of Cerritos and Denni as requested by Columbia Adv., Co., 7591 Acacia Ave., Garden Grove, Calif., known as Conditional Use Permit No. C-153, and asked if anyone in the audience wished to speak for or against this proposed use. Mr. John Prins, 1665 So. Brookhurst, Anaheim, Calif., addressed the Council speaking in fay or of the proposed sign. 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 Gordon and unanimously carried, this Conditional Use Permit No. C-153 be approved subject to the following conditions: 1. Permit be granted for 1 year period or until construction is completed on the commercial buildings, whichever is sooner. 2. That the sign be a minimum of 275' from the centerline of Denni and 70' north of the centerline of Cerritos Ave., or whatever distance is necessary to assure traffic vision will not be obstructed. 3. That all building permits be applied for. 4. That all zoning, building and other regulations of the City be complied with. 5. mat the sign shall be as shown in the photograph submitted with the application except for the time shown for completion which may be revised. PUBLIC HEARING RE: ZONE CHANGE Z-80; WILLIAM AND ANNA SHUBIN: 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 C-1 (Local Business District) and R-3 (High Density Multiple Family) that property generally located at the northeast corner of Orange and Denni as requested by William D. and Anna Shubin, 4605 Orange Ave.~ Cypress, known as Zone Change Z-80~ and asked if anyone in the audience wished to speak for or against this proposed use. Mr. Sherman Whirmore, 2036 N. Main~ Santa Ana, Calif.~ addressed the Council as Developer for the property described in Zone Change Z-80 and requested this matter be continued until the first regular meeting in August. It was moved by Councilman Wright, seconded by Councilman Gorzeman~ and unanimously carried, this public hearing for Zone Chan~e Z-80 be continued until August 12, 1963 meeting. PUBLIC HEARING RE: ZONE CHANGE Z-84; LEO BAROLDI: 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 (]eavy Agriculture) to C-2 (General Business District) that property located at 6672 Cerritos Ave., as requested by Leo Baroldi~ 6672 Cerritos Ave., Cypress known as Zone Change Z-84 and asked if anyone in the audience wished to speak for or against this proposed use. Mr. Leo Baroldi, 6672 Cerritos, Cypress, addressed the Council speaking in favor of the proposed zone change. There being no written communications and no oral protests, the Mayor declared the public hearing closed. After discussion of recommendations of Planning Commission for C-1 instead of C-2 wherein applicant agreed, it was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, the followin~ 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 C-1 (NEIGHBORHOOD COMMERCIAL) ZONE CHANGE Z-84.(LEO BAROLDI) It was moved by Councilman Van Dyke~ seconded by Councilman Wright and unanimously carried~ this Ordinance pass its first reading by the following called vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Gordon~ Gorzeman, Van Dyke, Wright and Noe None None PUBLIC HEARING RE: ZONE CHANGE Z-85~ TRICON DEV. CO.: 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-1 (Residential One Family) that property generally located on the east side of Denni, north of Orange as requested by Tricon Dev. Co., 12522 Brookburst, Garden Grove, known as Zone Change Z-85 and asked if anyone in the audience wished to speak for or against this proposed change of zone. - 357 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 Gordon 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 WITHI~ THE CITY TO ZONE R-1 (RESIDENTIAL ONE FAMILY) ZONE CHANGE Z-85 (TRICON DEVELOPMENT INC.) It was moved by Councilman Wright, seconded by Councilman Gordon, 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 PUBLIC HEARING RE: PROTESTS ON LIGHTING DISTRICT: The Mayor announced this was the time and place for the public hearing to consider protests in the formation of the Lighting District covering Tracts 4103, 4772, 4773, 4685, 5133 and 4399 and asked if there was anyone in the audience that wished to speak for or against this proposed annexation to Lighting District No. 2. 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 Gotdone and unanimously carried, the following Resolution be read by title only: RESOLUTION NO. 381 A RESOLUTION OF THECITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE~ STATE OF CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER OF SAID CITY~ DATED JUNE 10, 1963, PREPARED PURSUANT TO RESOLUTION NO. 362 OF SAID COUNCIL AND REFERRED TO IN RESOLUTION NO. 374 OF SAID COUNCIL~ AND THE PLAN, SPECIFICATIONS, ESTIMATE AND ASSESSMENTS CONTAINED IN SAID REPORT; ORDERING THE INSTALLATION OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT; ORDERING THE MAINTENANCE OF AND THE FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM; LEVYING THE AFOREMENTIONED ASSESSMENTS; AND FORMING THE LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 375 AND RESOLUTION APPOINTING TIME AND PLACE FOR HEARINGS NO. 376, ALL IN ACCORD WITH DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". It was moved by Councilman Wright, seconded by Councilman Van Dyke, 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 DETERMINING CONTRACTOR FOR LIGHTING DISTRICT: It was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried, the followng Resolution be read by title only: RESOLUTION NO. 382 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DETERMINING THAT THERE IS ONLY ONE CONTRACTOR PRACTICALLY CAPABLE OF MAKING THE INSTALLATION OF, SUPPLYING MAINTENANCE FOR, AND FURNISHING ELECTRIC CURRENT FOR THE LIGHTING OF THE STREET LIGHTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT AND ORDERED TO BE INSTALLED BY RESOLUTION NO. 381 OF SAID COUNCILJ ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1~ STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE STREET LIBHTING ACT OF 1919. It was moved by Councilman Gorzeman, 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 WRITTEN COMMUNICATION FROM CENTRALIA SCHOOL DISTRICT RE: AMENDMENTS TOLAND~USE PLA~: A written communication from Centralia School District requesting notification of any amendments to the Land Use Plan was presented. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. WRITTEN COMMUNICATION FROM OTTO JACOBS RE: WEED ABATEMENT ON PRIVATE PROPERTY: A written communication from Otto Jacobs, 317 W. 8th St., Santa Ana, Calif., representing Mr. Job Denni, St., 9512 Juanira, Cypress regarding damage incurred by abatement of weeds on property was presented. It was moved by Councilman Wright, seconded by Coun~lman Van Dyke and unanimously carriedg the City Manager be authorized to inform Mr. Jacobs and Mr. Denni the Contractor for the Weed Abatement Program would repair the damage incurred. WRITTEN COMMUNICATION FROM RICHFIELD OIL CORP. RE: FRANCHISE FOR OIL LINES: A written communication from Richfield Oil Corp., regarding a franchise for oil lines was presented. It was moved by Councilman Van Dyke, seconded by Councilman Gordon and unanimously carried, this matter be continued until the next regular meeting of the Council. REPORT FROM CITY ATTORNEY RE: PLANNING COMMISSIONERS QUALIFICATIONS: The City Attorney presented a written report on the qualifications required to serve as Planning Commissioner for the City of Cypress. It was moved by Councilman Wright~ seconded by Councilman Gorzeman and unanimously carried~ this report be received and filed. APPOINTMENT OF CITY TREASURER: The Mayor announced the position of City Treasurer was open and the City Council would request applicants for the position that had experience in book- keeping or accounting to apply prior to the next regular meeting so that an appointment could be made at that time. APPLICATION FOR PRIVATE PATROL SERVICE; JAMES LITCHFIELD: It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, this application be approved subject to the following conditions: 1. Approval of all employees of firm by the Chief of Police. FINAL TRACT MAP NO. 4752; ROBERT H. GRANT CO.: Final Tract Map No. 4752 was presented as requested by Robert H. Grant Co., 1665 So. Brookburst, Anaheim, Calif. It was moved by Councilman Wright, seconded by Councilman Gordon and unanimously carriedg this Tract Map No. 4?52 be approved, the public improvement agreements be accepted and authorization for the Mayor and City Clerk to sign agreements; authorization for the City Clerk to sign Record Map, and the drainage facilities be installed subject to the approval of the City Engineer in lieu of drainage fees. The following Poll call vote was taken: AYES: 5 COUNCILMEN: NO~S: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ GoPzeman, Van Dyke, Wright and Noe None None FINAL TRACT MAP NO, 4966; CON-TECH BUILDING CO,: Final Tract Map No. 4966 was presented as requested by Con-Tech Building Co., 925 So. Gilbert, Anaheim, Calif. It was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried, that Final Tract Map No. 4966 be approved subject to the following conditions: 1. Plan check and inspection fees in the amount of $5,234.00 be deposited with the City. 2. A cash deposit for off-site drainage facilities in the amount of $18,000.00 be deposited with the City, in lieu of drainage fees. 3. Acceptance of bonds and agreements for the public improvements and authorization for the Mayor and City Clerk to sign agreements after conditions 1 and 2 are complied with. 4. Authorization for City Clerk tosign Record Map upon completion of all conditions. The following Poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon~ Gorzeman~ Van Dyke, Wright and Noe None None FINAL TRACT MAP NOo 5166; MIDWOOD DEVELOPMENT CO.~ INC.: Final Tract Map No. 5166 was presented as requested by Midwood Dev. Co. , Inc. It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, this Final Tract Map be approved subject to the following conditions: 1. Drainage facilities be constructed to the satisfaction of the City Engineer in lieu of payment of Master Plan of Drainage fees. 2. Acceptance of written agreement as prepared and approved by the City Attorney for covenants~ conditions and restrictions. 3. Acceptance of Bonds and Agreements and authorization for Mayor and City Clerk to sign Agreements. 4. Authorization for City Clerk to sign Record Map. The following called vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke~ Wright and Noe None None CONSIDERATION OF RENTAL LEASE ON CITY HALL BUILDINGS: It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried~ this matter be referred to the City Manager for further study and report to the City Council at the next regul~ meeting. RELEASE OF RELOCATION BOND; WAYNE WORLEY: It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, that Relocation Bond No. 448470 in the amount of $1,000.00 be released ~s requested by Wayne Worley, 6410 Orange~ Cypress~ Calif. y360 ACCEPTANCE OF GRANT DEEDS FROM HARVEY DEV. CO.: It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried~ these two Grant Deeds from the Harvey Dev., Co., be accepted and City Clerk be authorized to sign acceptance for recording purposes. It was then moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, that a letter of appreciation be forwarded to the Harvey Co., for their contribution to the City. COPY OF APPLICATION FOR NEW ON SALE BEER LIq.ENSE; ROBERT FERRARA, "KANDY KAIN": A copy of application for new on sale beer license as requested by Robert A. Ferrara dba "Kandy Kain" located at 6412 Lincoln, Cypress was presented. It was moved by Councilman Gorzeman~ seconded by Councilman Gordon and unanimously carried~ this matter be received and filed. AUTHORIZATION FOR CITY CLERK TO PUBLISH "NOTICE INVITING BIDS": It was moved by Councilman Van Dyke, seconded by Councilman Wright and carried, %he City Clerk be authorized to publish "Notice Inviting Bids" for the purchase of a City vehicle. AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: The following roll call vote was taken: Van Dyke, Wright and Noe Gordon and Gorzeman None FIRST READING AMENDMENTS TO SUBDIVISION ORDINANCE: 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. 77, THE SUBDIVISION ORDINANCE AS AMENDED. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading by the following called AYES: 5 COUNCILMEN: NOES: 0 OOUNCILMEN: ABSENT: 0 COUNCILMEN: vote: Gordon, Gorzeman, Van Dyke, Wright and Noe None None FIRST READING RE: PROPOSED SIGN ORDINANCE: After discussion, it was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried, this matter be continued for further study. SECOND READING ORDINANCE RE: ZONE CHANGE Z-81 (GOOD): COUNCILMAN GORDON ASKED TO BE EXCUSED FROM THE PODIUM DURING DISCUSSION OF THIS ITEM. It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, the following Ordinance be adopted: ORDINANCE NO. 174 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-81 (VIRGINIA GOOD) The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Van Dyke~ Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Gordon COUNCILMAN GORDON RETURNED TO HER CHAIR ON THE PODIUM. ACCEPTANCE OF GRANT DEED FROM SHERMAN WHITMORE: It was moved by Councilman Wright, seconded by Councilman Gorzeman~ and unanimously carried, this Grant Deed as executed by Sherman Whirmore be accepted and the City Clerk be authorized to sign acceptance for recording; and further the Assistant City Engineer be authorized to notify the Title Company and the County Surveyor's Office the Final Tract Map No. 4398 be released for recording purposes. SECOND READING ORDINANCE RE: ZONE CHANGE Z-83 (VISSER): It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 175 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-83 (NEIL VISSER) 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 SECOND READING ORDINANCE RE: AMENDMENTS TO ZONING ORDINANCE: It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, the following Ordinance be adopted: ORDINANCE NO. 176 AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE. The following roll call was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SECOND READING PERSONNEL ORDINANCE: It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried~ the following Ordinance be adopted: ORDINANCE NO. 177 AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING A PERSONNEL SYSTEM. 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 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOB. 7175 THRU 7208: It was moved by Councilman Van Dyke, seconded byCouncilman Gordon and unanimously carried, the following Resolution be adopted: RESOLUTION NO. 383 A RESOLUTION OF THE CITY OF CYPPdESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7175 THRU 7208. 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 JOINT MEETING FOR STUDY PURPOSES ON THE PROPOSED SIGN ORDINANCE: It was moved by Councilman Wrlght~ seconded by Councilman Van Dyke~ and unanimously carried, the Planning Commission be invited to attend a study session on the proposed sign ordinance. ORAL COMMUNICATIONS: Mrs. Wm. Shubin~ ~615 Orange Ave.~ Cypress, Calif.~ addressed the Council requesting information as to whether the City Council members were required to live in the City of Cypress. Mr. John Kanel~ 5502 Mildred~ Cypress, addressed the City Council requesting the Council to consider amending the Planning Commission Ordinance. ADJOURNMENT: There being no further business to come before the Council~ the Mayor declared the meeting adjourned at 9|~5 P. M.