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Minutes 63-08-26'380 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYP}~]SS HELD August 26, 1963 The City Council of the City of Cypress met in regula~ session on August 26, 1963, in the City Council Chambers, 9471 South Walker StPeet~ Cypress, California, at 7:30 p.m., Ma~.~ F~ank P. Noe presiding. PRESENT: Gordon, Gorzeman, Van Dyke, Wright, and Noe ABSENT: None Also present were: City Manager/City Clerk DarPell Essex; City Attorney H. Rodget Howell; City Engineer John Toups; Secretary to the Planning Commission Dartell Dalton; Building Superintendent John McGettrick; and Police Chief O. C. Foster. MINUTES: It was moved by Councilman GoPzeman~ seconded by Councilman Wright, and unanimously carried, the minutes of the August 12~ 1963, meeting be approved as mailed. ORAL COMMUNICATIONS: Mr. J. L. Redding, Jr., 20521 Eastwood Avenue, Torrance, representing the Texaco Company, addressed the Council concerning the amended zoning map. He stated that Texaco was not protesting this amended zoning map, but that the zoning proposed for the Texaco Tank Farm will be a hardship on Texaco as far as future development or expansion of the Tank Farm is concerned. He stated Texaco will probably be submitting a request for amendment to this map. PUBLIC HEARING RE: ZONE CHANGE NO. Z-67; JUANITA AND JOB J. DENNI, SR: The Mayor announced this was ~he time an~ 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-4 (Highway Commercial) and R-3 (High Density Multiple Family) that property located on the northeast corner of Juanita and Ball Road as requested by Juanira and Job J. Denni, St., 9512 So. Juanira, Cypress, California, known as Zone Ehange No. Z-67, and asked if anyone in the audience wished to speak for or against this proposed use. Mr. K. Johnson~ 8151 Orangethorpe, Buena Park, addressed the Council, repre- senting Mr. and Mrs. Job Denni, St., speaking in favor of the proposed zone change. There being no written communications and no oral protests, the Mayor declared the public hearing closed. The Secretary of the Planning Commission explained that the original application for zone change had requested both R-3 and C-4 zoning, but has been amended to request only R-3 zoning, whereupon 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 WITHIN THE CITY TO ZONE R-3 (HIGH DENSITY MULTIPLE FAMILY) ZONE CHANGE NO. Z-67 (JUANITA AND JOB J. DENNI, SR.) It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 ~OUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None City Council Minutes August 26, 1963 PUBLIC HEARING RE: ZONE CHANGE NO. Z-88; ROBERT H. GRANT AND COMPANY: COUNCILMAN VAN DYKE REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM. The Mayor announced this was the tin~ and place for a 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 south side of Orange Avenue approximately 990 feet west of Walker Street, as requested by Robert H. Grant and fk~npany, 1665 South Brookhurst, Anaheim, California~ known as Zone Change Z-88, and asked if anyone in the audience wished to speak for or against this proposed use. Mr. Richard Owen, Secretary-Treasurer of the R. H. Grant Company, addressed the Council, speaking in favor of the proposed change of zone. There being no written communications and no oral protests, the Mayor declared the public hearing closed. It was moved by Councilman Wright, seconded by CouLncilman Gorzeman, and unanimously carried, the following Ordlnance be read by title only: ORDINANCE NO, AN ORDINANCE OF THE CI]~f 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 CNE FAMILY) ZONE CHANGE NO. Z-88 (ROBERT H. GRANT AND COMPANY. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading by the following Poll call vote: AYES: ~ COUNCILMEN: Gordon, Gorzeman, Wright, and Noe NCES: 0 COUNCILMEN: None ABSENT: 1 COUN CI LMEN: Van Dyke COUNCILM~N VAN DYKE RETURNED TO HIS CHAIR ON THE PODIUM. PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-155; COLUMBIA OUTDOOR ADVERTISING COMPANY: The Mayor announced this was the time and place for the public hearing to consider application for Conditional Use Permit to permit the erection of a temporary sign adver%isin~ a proposed Junior High School site located on Lot 55, Tract ~686, in the CitV of Cypress, as requested by Columbia Outdoor Advertising Company, 7591 Acacia Avenue, Garden Grove, known as Conditional Use Permit No. C-155, a~d asked if anyone in the audience wished to speak for or against this proposed use. Mr. Marvin Hatper, representing the Columbia Outdoor Advertising Company, addressed the Council, speaking in favor of the Conditional Use Permit. Mr. John Kanel, 5502 Mildred Circle, Cypress, addressed the Council, request- ing the City Manager to explain the reason for the Planning Commlssion's denial of this Conditional Use Permit. The City Manager stated that the Planning Commission had denied this request due to the fact that there were numerous questions regarding the location of the sign which could not be explained inasmuch as no one appeared at the meeting from the Sign Company to explain the application. There being no written communications and no oral protests, the Mayor declared the public hearing closed. Mr. C. L. Wicker, a member of the Planning Commission, addressed the Council stating that the Planning Commission had denied this request because the Columbia Sign Company had not appeared at the meetings to explain their requests. City Council Minutes August 26, 1963 It was moved by Councilm~n Gorzeman, seconded by Councilman Van Dyke, and unanimosuly carried to approve Conditional Use Permit No. C-155 with the condition that the sign be removed when the first certificates of occupancy are issued for the homes in Tract 4686. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wri~.ht, and Noe NCES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None WRITTEN COMMUNICATION FROM THE TRAVELERS INDEMNITY COMPANY RE: RELEASE OF BCND: A written communication dated ~ugust 7, 1953, from the Travelers In"~nity Company was presented, requesting the City to advise their Company whether or not to continue the liability under the bond issued to N. J. Van Valkenburgh Company for construction and completion of sanitary sewer improvements in Assessment District No. 2. The City Manager stated that the City Engineer finds no reason for the City to continue to bold the indemnity bond. It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried to authorize the City Clerk to release Bond No. 952583 in the amount of $25,0003 held by the Travelers Indemnity Company, by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke~ Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None EASEMENT DEED FROM CLAUDE W. AND ELSIE B. ELLEDGE FOR STREET RIGHT-OF-WAY: An easement deed dated August 9, 1963, from Claude W. and Elsie B. Elledge~ for the street right-of-way at 6394-96 Orange Avenue~ Cypress, was p~sented. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried~ the City Council accept the easement deed from Claude W. and Elsie B. Elledge and the City Clerk be authorized to record the deed by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUN CI LMEN: None WRITTEN COMMUNICATION FROM JANICE KASKIE RE: RESIGNATION AS WOMEN'S CIVIL DEFENSE COORDINATOR: A written communication dated August 15, 1963, from Janice Kaskie~ 10151 Angela Avenue, CyDPess, submitting her resignation from the position of Women's Coordinator of Civil Defense for the City of Cypress was presented. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried to accept the resignation of Mrs. Kaskie as Women's Coordinator of Civil Defense. The Council requested the City Manager and Police Chief to attempt to secure someone for Council appointment to this position. It was also moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimosuly carried~ the City Manager write a letter of appreciation and commendation to Mrs. Kaskie. E~SEMENT IEED FROM QUIK-SHOP, INC. FOR STREET RIGHT-OF-WAY: An easement deed dated August 20, 1963, from Quik-Shop~ Inc. for the required right-of-way on the northeast corner of Valley View and CerPitos was presented. It was moved by Councilman Van Dyke, seconded by Councilman Gordon~nd unanimously City Council Minutes August 26, 1963 carried the City Council accept the grant deed from Quik-Shop, Inc., for the street right-of-way at the northwest corner of Valley View and Cerrlt os and authorize the City Clerk to record the deed. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright, and Noe NOES: 0 CO(~qCILMEN: None ABSENT: 0 COUNCILMEN: None STATE EMPLOYEES RETIREMENT SYSTEM: The City Manager reported that he has asked a representative of the State Employees Retirement System to meet with the City Council to fully explain the State Retirement System. After dis- cussion, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this matter be continued until a meeting is held between the City Council and a representative of the State Employees Retirement System, by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None After discussion of the possibility of a private retirement system, it was moved by Coualcilman Gordon, seconded by Councilman Gorzeman, and carried that a representative of private retirement systems also be invited to explain the merits of a private system to the City Council, by the following roll call vote: AYES: 4 COUNCILMEN: Gordon, Gorzeman, Wright, and Noe NOES: t COUNCILMEN: Van Dyke ABSENT: 0 COUNCILMEN: None APPOINTMENT OF PLANNING COMMISSIONER: Mayor Noe stated that after careful consideration he wished to reappoint Mr. Frank Ferreira as Planning Commissioner from AuguSt 27, 1963 through August 27, 1967. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried to approve the Mayor's appointment of Frank Ferreira to the Planning Commission from August 27, 1963 through August 27, 1967, by the following roll call vote: AYES: 5 COUNCILMEN: Gordon, gorzeman, Van Dyke, Wright, and Noe NOES: 0 COUN CI LMEN: None ABSENT: 0 COUNCILMEN: None DRAINAGE FEE POLICY: A report dated August 23, 1963, was p~esented from the City Manager requesting the City Council to determine a policy regarding the deletion of acreage dedicated for flood control purposes within a tract from the acreage to be chaPBed drainage fees. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the City Council adopt the policy of deleting area from the Master Plan Drainage fees which has been dedicated to the City for flood control channels. The following Poll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ATTENDANCE OF POLICE CHIEF AT ANNUAL POLICE CHIEFS'CONFERENCE: A report dated August 23, 1963, was presented from the City Manager concerning the annual professional meeting of the International Association of Chiefs of Police to be held in Houston, Texas, from October 5-10, 1963. After discussion, it was moved by Councilman Gorzeman, seconded by Councilman Van Dyke and unanimously carried to authorize the Chief of Police to attend the International Association of Chiefs of Police Conference in Houston, Texas, from October 5-10, 1963, and that he be reimbursed for all actual and necessary expenses incurred at this conference. 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 ATTENDANCE OF POLICE DISPATCHER AT DELINQUENCY CONTROL INSTITUTE: A report dated August 23, 1963, was presented by the City Manager concerning the Delinquency Control Institute being held at the University of Southern California. He stated that Miss Karrell Smith, Cypress Police Dispatcher, had applied for admission to this institute and had been granted a full tuition scholarship by the University. After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried to authorize Miss Karrell Smith to attend the Delinquency Control Institute for a period of twelve weeks beginning September 9, 1963 and that she receive her normal salary during the period of attendance at this Delinquency Control Institute. 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 MONTHLY ACTIVITY REPORT; JULY 1963: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and umanimously carried the Monthly Activity Report for July 1963 be received and filed. SECOND READING ORDINANCE RE: ZONE CHANGE Z~80; (WILLIAM D. AND ANNA SHUBIN): It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 181 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 1AND WITHIN THE CITY TO ZONE C-1 (LOCAL BUSINESS DISTRICT) AND R-1 (RESIDENTIAL ONE- FAMILY) ZONE CHANGE NO. Z-80 (WILLIAM D. AND ANNA SHUBIN) 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-86; AMENDED CITY ZONING MAP: It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING THE AMENDED ZONING MAP KNOWNAS ZONE CHANGE Z-86 August 26, 1963 The following roll call vote was taken: AYES: 5 COUNCII24EN: NOES: 0 COUNCII24EN: ABSENT: 0 COUNCII2iEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None Mrs. Daniel Thomas, 9212 Walker Street, Cypress addressed the Council, asking the status of the area on Walker Street, between Newman and Bishop. Mrs. Thomas was advised that the Council had requested the Planning Commission to make further study concerning this area. RESOLUTION ACCEPTING I~POSITION OF ADDITIONAL HIGHWAY USERS TAXES AND FEES: The City Manager reported that under the provisions of the Collier-Unruh Local Transportation Development Act (Chapter 1852 of the Statutes of 1963), each city is required to adopt a resolution approving the imposition of additional highway users taxes and fees. It is estimated that the City will receive $12,900 in additional gas tax funds. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried the following Resolution be adopted: RESOLUTION NO. 398 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF CRANGE, STATE OF CALIFORNIA, ACCEPTING THE IMPOSITION OF ADDITIONAL NIGHWAY USERS TAXES AND FEES PURSUANT TO CHAPTER 1852, STATUTES OF 1963. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSEN'r: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7410 THRU 7448 (PAYROLL): It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted: RESOLUTION NO. 399 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7410 THRU 7448. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7449 THRU 7474; (COI~EECIAL WARRANTS:) It was moved by Councilumn Gorzeman, seconded by Councilman Gordon, and unanimously carried the following Resolution be adopted, title as follows: RESOLUTION NO. 400 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7449 THRU 7474. SIGN ORDINANCE: It was m~zed by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried,~he following ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS ESTABLISHING A SIGN ORDINANCE It was moved by Councilman Wright seconded by Councilman Gordon, and unanimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None August 26, 1963 REPEAL OF TAXICAB ORDINANCE: The City Manager stated that the Taxicab Ordinance was orginally intended to process applications for taxicab and limousine franchies in the City; however, since one year has elapsed and no applications have been requested, the Ordinance serves no purpose. He recommended that the City Council repeal Ordinance No. 144, and that control of taxicabs would come under the Business License Ordinance. It was moved by Councilman Gorzeman, seconded by Councilman Gordon, and unanimously carried that the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS REPEALING ORDINANCE NO. 144 ENTITLED: "AN ORDINANCE OF THE CITY OF CYPRESS REGULATING THE USE AND OPERATION OF TAXICABS OR LIMOUSINES UPON PUBLIC STREETS OF THE CITY OF CYPRESS; PROVIDING FOR DRIVERS PERMITS AND AUHORIZING THE CITY COUNCIL TO HOLD PUBLIC HEARINGS AND TO GRANT OR DENY APPLICATIONS FOR OWNERS' CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: REGULATING THE RATES OF FARES TO BE CHARGED FOR THE WSE OF TAXICABS AND LIMOUSINES; PROVIDING A PENALTY FOR VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH." It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCII2MEN: Gordon, Gorzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 , COUNCILMEN: None INDUSTRIAL DEVELOPMENT PROGRAM: The City Manager stated that he has had preliminary discussions with a representative of the landowner of the majority of industrial property in Cypress regarding the future industrial development program of the City. He further reported that a tentative agreement has been reached whereby private funds may be available for an industrial development program. After discussion, it was moved by Councilman Gordon, seconded by Councilman Van Dyke, and unanimously carried to authorize the City Manager to continue negotiations with the industrial property owner and the City Attorney to complete the proposal for an expanded industrial development program for the City. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CITY AUDITING SERVICE: Councilman Van Dyke stated that he is very much concerned with the City's auditing service, recommending that the City obtain a more complete audit of the financial records. After discussion the Council requested that the City Manager make a study of the City's Auditing service and determine what the cost to the city would be for a more complete audit. DESTRUCTION OF CITY C(NJNCIL TAPE RECORDINGS: Councilman Van Dyke stated that the City has been maintaining a complete file of the tape recordings of City Council meetings, and recon~nended that consideration be given to the destruction of these tapes after a given period of time. After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried that the City Council meeting tape recordings be erased three months after the minutes have been approved, excluding those tapes involved in the business license controversy. The fol~owing roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright and Noe None None August 26, 1963 '38!7 Further discussion was held concerning the completeness of the City Council minutes. The City Attorney advised that as far as State law is concerned, the City Council minutes prepared by the City are more than adequate. ORAL COI~NICATIONS: Mr. Frank ViscaT, 5782 Lime Avenue, Cypress, addressed the Council concerning two articles he had recently read, which he felt were detrimental to the City of Cypress, one being an editorial in the Enterprise News- paper and the other on Page 142 of "Westward Tilt" a new book concerning California Communities. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council regarding the reappointment of Frank Ferreira, suggesting that the position should have been filled by the most qualified perdon and that there were several qualified residents in the cvum,~nity who desired to be on the Planning Commission. Mr. John Kanel, 5502 Mildred Circle, Cypress, addressed the Council stating that although Mr. Ferreire was e wonderful person, that he did not contribute to the Planning Commission actions. He further stated that the City Council should have requested the opinion of the Planning Commission on the reappointment of Mr. Ferreira. Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council concerning the Texaco Tank Farm's assessed valuation as compared with the assessed valuation of R-1 property. In answer to his question, the City Manager advised that in all probability R-1 property would carry a higher assessed value than the Tank Farm, however, the City services required in R-1 zoned property far exceed the services required by the Tank Farm. The City Manager also pointed out that the City has recently received the assessed valuation figures, which show the City in excess of $15,000,000, which is three million dollars over the estimated valuation set forth in the 1963-64 budget. Mr. Chris Gaspar, 9192 Walker Street, Cypress, addressed the Council concerning the amended zoning map, asking what action would be taken on the Walker Street property between Bishop and Newman. ADJOURNMENT: Prior to adjournment, the City Manager explained that the next regular meeting would fall on a holiday and that if there is sufficient business to be conducted, the next regular meeting will be at 7:30 P. M. on September 10, 1963. There being no further business to come before the City Council, it was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried that the meeting adjourn at the hour of 9:28 p.m. MAYOR ATTEST: CITY CLEw August 26, 1963