Minutes 63-07-22'363
MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
July 22, 1963
The City Council of the City of Cypress met in regular session on
July 22, 1963 in the Council Chamberst 9471 So. Walker, Cypress, California
at 7:30 P. M., Mayor Frank P. Noe presiding.
PRESENT: Gordon, Van Dyke, Wright and Noe
ABSENT: Gorzeman
Also present were: City Manager, Darrell Essex; City Attorney,
Rodget 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 July 8, 1963 be approved as mailed.
It was moved by Councilman Wright, seconded by Councilman Gordon
and unanimously carried, the Minutes of June 10, 1963 be corrected to show
the first reading of the Ordinance establishing a Water Department being
approved for first reading by a unanimous vote of the City Council
ORAL COMMUNICATIONS:
Mr. Fred Duffy, 9787 Rome, Cypress addressed the Council and read
a communication in full regarding the collection of Business License fees.
Said cor~nunications were not filed with the City Clerk and no action was taken.
Mr. Carl de Pietro addressed the Council regarding the applications
received for City Treasurer.
Mr. John Kennedy, St. Vincent Circle, Cypress addressed the Council
regarding the business license fees.
Mr. Frank Visca, 5782 Lime, Cypress, addressed the Council regarding
the business license fees,
It was then moved by Councilman Van Dyke, seconded by Councilman
Wright and unanimously carried, the City Council would discuss the matter
of the collection of business license fees after the City Attorney gay e his
report at such time as this item appeared on the Agenda.
AWARD OF BID ON CITY VEHICLE:
The City Manager reported there were three bids received for the
purchase of a city vehicle as follows:
L. D. Coffing Co., 311 E. 5th St., Santa Ana
Worthington's Fuller, on Dodge, 201 Harbos, Fullerton
McPeek's Plymouth Center, 336 Los Angeles, Anaheim
NO BID.
NO BID.
NO BID.
All dealers having marking their proposal's NO BID, there was no
action taken by the City Council.
WRITTEN COMMUNICATION FROM ORANGE COUNTY LEAGUE OF CITIES:
A written communication from the Orange County League of Cities
regarding the meeting on November 14, 1963 at Disneyland Hotel with the
Orange County Economic Dev. Committee was presented.
It was moved by Councilman Wright, seconded by Councilman Gordon
and unanimously carried, this communication be received and filed.
364
WRITTEN COMMUNICATION FROM ORANGE COUNTY ASSOCIATED CHAMBER OF COMMERCE; MASTER
PLAN OF ZbN~ING:
A written communication from the Orange County Associated Chan~ber of
Commerce requesting all cities to refrain from rezonin~ industrial land until
the County PlanninR Department completes a study.
It was moved by Councilman Wright, seconded by Councilman Gordon and
unanimously carried, the City Manager notify the OranRe County Associated
Chamber of Commerce, the City's Master Plan Study and Zoning Map are in the
process of being adopted andforward a copy of each to the Orange County Planning
Department.
WRITTEN COMMUNICATION FROM L. A. COUNTY FLOOD CONTROL RE: SUPPORT OF LEGISLATION:
A written communication from the L. A. County Flood Control District
requesting the support of the City of Cypress of a resolution of the L. A.
County Board of Supervisors requesting Congress to enact legislation either
by House Bill No. 6016 or Senate Bill No. S-1839 to permit construction of the
drainage project by the Corps of Engineers on the drainaRe pro~ect adjacent to
the City of Cypress.
It was moved by Councilman Wright, seconded by Councilman Gordon and
unanimously carried, the City Manager notify the members of Congress the city
of Cypress endorses this action.
WRITTEN COMMUNICATION FROM MUSCULAR DYSTROPHY ASSOC. RE:
DRIVE:
PERMISSION FOR FUND
It was moved by Councilman WriRht, seconded by Councilman Van Dyke,
and unanimously carried, this permit be granted subject to the solicitors of
the Association contact the Police Department regarding the regulations and
exact dates of the volunteer door to door solicitation program.
WRITTEN COMMUNICATION FROM RICHFIELD OIL CORPORATION RE: FRANCHISE:
A written communication from Richfield Oil Corp., dated May 22,
1963 requestinR permit for franchise for pipelines was presented.
It was moved by Councilman Wright and seconded by Councilman Gordon,
unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 38~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AUTHORIZING THE ISSUANCE OF A PERMIT TO RICHFIELD OIL
CORPORATION.
It was moved by Councilman Wright, seconded by Councilman Van Dyke, and
unanimously carried, this Resolution be adopted with the following condition:
1. The Richfield Oil Corporation submit a copy of the Insurance coverage.
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMAN:
Gordon, Van Dyke, Wright and Noe
None
Gorzeman
COUNCILMAN GORZEMAN ARRIVED AT 7:55 P. M., AND TOOK HIS CHAIR ON THE PODIUM:
CONSIDERATION OF LEASE FOR CITY HALL BUILDINGS:
It was moved by Councilman Van Dyke, seconded by Councilman WriRht and
carried, the City of Cypress enter into a lease agreement for a period of 23 months
at 93?0.00 per month to expire June 30,196S with Carl F. Trautman for the City
Hall buildings. The following roll call vote was taken:
AYES: 3 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Van Dyke, Wright
Gordon and Noe
None
365
REPORT FROM CITY ATTORNEY RE: COLLECTION BUSINESS LICENSE FEES:
It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman
and unanimously carried, the City Attorney be directed to read his report in
full. The following roll call vote was Taken:
AYES: 2
NOES: 3
COUNCILMEN: Van Dyke, Wright
COUNCILMEN: Gordon, Gorzeman and Noe
Motion failed to carry.
The City Attorney then gave an oral report on the collection of
business license fees a copy of which is to be on file in the office of the
City Clerk, dated July 19, 1963 and not spread on the Minutes of this meeting.
The following citizens addressed the City Council regarding the
collection of these business license fees~
Mr. Fred Duffy, Mr. John Kenndy, Mr. Wayne Worley, Mr. Carl de Pietro,
and Mr. Frank Visca.
After considerable discussion, it was moved by Councilman Gorzeman,
seconded by Councilman Van Uyke, and unanimously carried~ the Director of
Finance and the City Attorney be directed to proceed to collect these business
license fees under a Class Suit. 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 REIMBURSEMENT FOR STREET IMPROVEMENT TO SHADYCREST HOMES, INC.:
It was moved by Councilman WriRht, seconded by Councilman Van Dyke, and
unanimously carried, the Director of Finance be authorized to reimburse Shady-
Crest Homes, Inc., in the amount of $883.22 for four feet of pavin~ west of the
center llne of Moody Street adjacent toTRACT 4686.
ACCEPTANCE OF EASEMENT DEED FROM LARUE WHITE FOR CORNER OF LINCOLN AND WALKER:
It was moved by Councilman Van Dyke, seconded by Councilman Gordon
and unanimously carried, this Easement Deed for the ten feet of right of way
on the west side of Walker from Lincoln northerly 98 feet be aceerred.
QUARTE~L.Y FINANCIAL REPORT FROM JULY 1, 1962 THROUGH JUNE 30, 1963:
It was moved by Councilman Wright, seconded by Councilman Gorzeman
and unanimously carried, this report be received and filed.
ACTIVITY REPORTS FOR MONTH OF MAY AND JUNE,. 1963:
It was moved by Councilman Wright, seconded by Councilman Van Dyke
and unanimously carried, these reports be received and filed.
AUTHORIZATION FOR CITY CLERK TO PUBLISH NOTICE INVITING BIDS FOR PICKUP TRUCK:
It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman,
and unanimously carried, the City Clerk be authorized to publish "Notice Inviting
Bids" for the purchase of a City vehicle (Pickup Truck) for the Public Works
Department.
RENEWAL OF CONTRACT WITH COUNTY OF ORANGE FOR FIRE SERVICES:
It was moved by Councilman Van Dyke, seconded by Councilman Wright
and unanimously carried, the City of Cypress enter into a contract for renewal
with the County of Orange for fire services for the fiscal year 1963-64.
FIRST READING ORDINANCE RE: CONDOMINIUMS:
The City Attorney reported this proposed Ordinance has not been completed
at this time, therefore no action was taken on the matter.
SECOND READING ORDINANCE RE: AMENDMENT TO SUBDIVISION ORDINANCE:
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, the following Ordinance be adopted, title as follows:
ORDINANCE NO. 178
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77,
THE SUBDIVISION ORDINANCE, AS AMENDED.
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: ZONE CHANGE Z-84; (LEO BAROLDI):
It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman,
and unanimously carried, this Ordinance be continued until such time as plans
are submitted by the applicant for the proposed development of this area.
SECOND READING ORDINANCE RE: ZONE CHANGE Z-85~ (TRICON DEVELOPMENT INC.):
It was moved by Councilman Gorzeman~ seconded by Councilman Gordon
and unanimously carried, the following Ordinance be adopted~ title as follows:
ORDINANCE NO. 179
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-85 (TRICON DEVELOPMENT INC.)
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 NOS. 7209 THRU 7245 (PAYROLL):
It was moved by Councilman Van Dyke~ seconded by Councilman Gordon and
unanimously carried, the following Resolution be adopted:
RESOLUTION NO. 385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOWING
CLAIMS AND DEMANDS NOS0 7209 THRU 7245.
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7246 THRU 7322: (COMMERCIAL WARRANTS):
It was moved by Councilman Gorzeman~ seconded by Councilman Van Dyke
and unanimously carried, the following Resolution be adopted:
RESOLUTION NO. 386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ALLOWING
CLAIMS AND DEMANDS NOS. 7246 THRU 7322.
RESOLUTION CANCELLING WARRANTS NOS. 6966 AND 7177:
It was moved by Councilman Van Dyke, seconded by Councilman Gordon
and unanimously carried~ the followin~ Resolution be adopted:
RESOLUTION NO. 387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CANCELLING
WARRANTS NOS. 6966 AND 7177.
367
RESOLUTION LEVYING ASSESSMENTS ON WEED ABATEMENT:
It was moved by Councilman Wright, seconded by Councilman Gordon and
unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING
WEED ABATEMENT ASSESSMENTS AND IMPOSING SPECIAL ASSESSMENT AS
LIEN ON PARCELS WITHIN THE CITY OF CYPRESS
It was moved by Councilman Van Dyke, seconded by Councilman Wright
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
Hone
RESOLUTION EXTENDING TIME ON LIGHTING DISTRICT NO. 1:
It was moved by Councilman Wright, seconded by Councilman Gorzeman
and unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 389
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS EXTENDING
TERMINATION DATE OF STREET LIGHTING DISTRICT NO. 1 OF THE CITY
OF CYPRESS.
It was moved by Councilman Gordon, 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 & Noe
None
None
RESOLUTION LEVYING ASSESSMENTS ON LIGHTING DISTRICT NO. 1:
It was moved by Councilman Wright, seconded by Councilman Gordon
and unanimously carried. the following Resolution be read by title only:
RESOLUTION NO. 390
A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN
THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 1 TO
PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FURNISHING
OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE
PERIOD FROM JULY 1, 1963 THROUGH DECEMBER 31, 1964 PURSUANT TO
THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH
AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1 STREETS AND
HIGHWAYS CODEt STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE
"STREET LIGHTING ACT OF 1919".
It was moved by Councilman Wright, 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, Van Dyke, Wright and Noe
Hone
None
'36 :
RESOLUTION LEVYING ASSESSMENTS FOR LIGHTING DISTRICT NO. 2:
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 391
A RESOLUTION OF THE CITY OF CYPRESS~ COUNTY OF ORANGE, STATE OF
CALIFORNIA~ LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN
THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO
PAY FOR THE COST OF THE INSTALLATION~ MAINTENANCE AND FURNISHING
OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE
PERIOD FROM JULY 1~ 1963 THROUGH DECEMBER 31~ 196~ PURSUANT TO
THE REPORTS OF THE CITY ENGINEER OF SAID CITY 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 LIGHTING ACT OF 1919".
It was moved by Councilman Wright, seconded by Councilman Gorzeman,
and unanimously caPried~ this Resolution be adopted by the followin~ called
vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT:O COUNCILMEN:
Gordon, Gorzeman, Van Dyke, Wright and Noe
None
None
RESOLUTION LEVYING ASSESSMENTS FOR LIGHTING DISTRICT NO. 2:
It was moved by Councilman Wright, seconded by Councilman Gorzeman
and unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 391
A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN
THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO
PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FURNISHING
OF ELECTRIC CURRENT TO LIGHT SAID STREET LISHTING SYSTEM FOR
THE PERIOD FROM JULY 1~ 1963 THROUGH DECEMBER 31~ 1964 PURSUANT
TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY 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 LIGHTING 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
NOES: 0
ABSENT: 0
COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe
COUNCILMEN: None
COUNCILMEN: None
RESOLUTION RE: CIVIL DEFENSE:
It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and
unanimously carried, the following Resolution be read by title only:
RESOLUTION NO, 392
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
DESIGNATING "OPERATIONAL AREA" FOR CIVIL DEFENSE.
It was moved by Councilman Wright, 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, Van Dyke, Wright and Noe
None
None
RESOLUTION RE: INVESTING CITY FUNDS:
It was moved by Councilman Wright~ seconded by Councilman Gorzeman, and
unanimously carried, the following Resolution be read by title only:
RESOLUTION NO. 393
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING
INVESTMENT OF PUBLIC FUNDS.
It was moved by Councilman Gorzeman, seconded by Councilman Wright
and unanimously carried, this Resolution be adopted by the following called vote:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
APPOINTMENT OF CITY TREASURER:
Gordon 9 Gorzeman, Van Dyke9 Wright and Noe
None
None
It was moved by Councilman Van Dyke, seconded by Councilman WriRht and
unanimously carried, the Mayor's appointment of Mr. Vincent L. Devaney as City
Treasurer be approved9 effective as of this date.
RESIGNATION OF FERNE S. PHILLIPS AS CITY CLERK:
The City Manager read in full a letter of resignation of Ferne S.
Phillips as City Clerk9 effective as of August 19 1963.
It was moved by Councilman Wright, seconded by Councilman Gorzeman
and unanimously carried~ this resignation be accepted.
RESOLUTION MAKING APPOINTMENTS TO CERTAIN OFFICES:
It was moved by Councilman Gorzeman9 seconded by Councilman Gordon
and unanimously carried, the following Resolution be adopted:
RESOLUTION NO. 394
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING
APPOINTMENTS TO CERTAIN CITY OFFICES.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gordon, Gorzeman9 Van Dyke, Wright and Noe
None
None
REPORTS OF OFFICERS & COMMISSIONS:
The City Manager reported the Public Utilities Commission will hold
a hearin~ regarding the Dyke Water Company in San Francisco on July 30,
1963 and recommended the City of Cypress send representatives to attend this
meeting.
It was moved by Councilman Gordon, seconded by Councilman Gorzeman
and carried9 the City Manager and Councilman Van Dyke represent the City of
Cypress at this hearins and be rei~bursed for all necessary and actual expenses
incurred.
The following roll call vote was taken:
AYES: ~ COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAIN: 1 COUNCILMAN:
Gordon, Gorzeman, Wright and Noe
None
None
Van Dyke
REPORT OF CITY ATTORNEY ON AMENDMENT TO ORDINANCE PERTAINING TO BUSINESS LICENSES
(ORDIN'A'NCE' ~. 164):
The City Attorney reported to the City Council on the enforcement of
Ordinance No. 164 relating to the collection of $50.00 per residential unit
and advised that for those units issued Building Permits prior to the effective
date of Ordinance No. 164 the fees were to be collected on a prorated basis.
After the effective date of Ordinance No. 164 they were to be collected for the
full fees as set forth in Ordinance No. 164 prior to the issuance of Building
Permits.
After discussion, it was moved by Councilman Van Dyke~ seconded by
Councilman Gorzeman and carried~ the City Council confirm the City Attorney's
determination of collecting prorated fees and authorize the Director of Finance
to proceed with the collection of fees as set forth in Ordinance No. 164 prior
to the issuance of Building Permits for the construction of two or more residential
units in the City of Cypress. The following roll call vote was taken:
AYES: 3
NOES: 2
ABSENT: 0
COUNCILMEN: Gorzeman, Wright and Van Dyke
COUNCILMEN: Gordon and Noe
COUNCILMEN: None
ADJOURNMENT:
There being no further business to come before the Council~ it was
moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously
carried, the meeting adjourn at 10:10 P. M.
FR~ANK P. NOE, MAY'OR''[