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Minutes 63-10-14MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 14, 1963 The City Council of the City of Cypress met in regular session on October 14, 1963, in the City Council Chambers, 9471 South Walker Street, Cypress, California, at 7:30 P. M., Mayor Prank P. Noe presiding. PRESENT: Gordon, Gorzeman, Wright and Noe ABSENT: Van Dyke Also present were: City Manager/City Clerk Dartell Essex, City Attorney H. Rodget Howell, Consulting Engineer John ToUps, Public Works Director Harold Neu, Administrative Assistant Darrell Dalton, Building Superintendent John McGettrick and Police Chief O. C. Foster. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, the minutes of September 23, 1963 meeting be approved as mailed. COUNCILMAN VAN DYKE ARRIVED AND TOOK HIS CHAIR ON THE PODIUM AT 7:33 P. M. ORAL COMMUNICATIONS: Mr. Jesse Black, 5422 De Long Etreet, Cypress, addressed the Council, congratulating the Council for not proclaiming October 24, 1963, as United Nations Day, and requesting the Council to proclaim October 23, 1963 as United States Day, urging allcitizens of Cypress to fly the American Flag on that day. Mr. John Kanel, 5502 Mildred Circle, Cypress addressed the Council, asking if the City had been requested to proclaim October 24th as United Nations Day. The City Manager explained that the City had appointed a United Nations day Chairman for Cypress, but he had not requested a proclamation from the City Council. Mr. Kanel urged the City Council to proclaim October 24th as United Nations Day. Mr. Tom Hiat~, 10341 Aurelia, Cypress addressed the Council favoring United Nations Day. After discussion, it was moved= by Councilman Gordon, seconded by Councilman Van Dyke, and unanimously carried, to proclaim Thursday October 24, 1963, as United Nations Day. 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 It was further moved by Councilman Gorzeman, seconded by Councilman Gordon, and unanimously carried, the proclaim Wednesday, October 23, 1963 as United States Day. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None October 14, 1963 BIDS FOR DRILLING OF WATER WELL: The City Manager stated that bids for the drilling and testing of one fourteen-inch diameter water well were opened at 10:00 a.m. on October 14, 1963, in the office of the City Manager. The following is a summary of the bids received: Roscoe Moss Co, 4360 Worth St. Los Angeles Water Well Supply 11234 S. Norwalk Blvd. Santa Fe Springs Item 1. Drilling, casing and perforating one 14 inch well to depth of 600 feet $11,180.00 $10,424.02 Item 2. Deduction for well drilled to depth of less than 600 feet. Unit price to be deducted per foot of well omitted. 16.50 $ 15.23 Item 3. Addition for well drilled to depth greater e~an 600 feet. Unit price to be added per foot of each well in excess of 600 feet to a maximum of 700 feet $ 17.00 $ 15.23 Item 4. Furnishing, installing and removing the developing and test unit. Lump sum of: $ 515.00 $ 450.00 Item 5. Operating the development and test unit. For unit price per hour of $ 17.50 $ 16.00 Proposed Beginning and Completion Dates From date of award 30 days - 60 days 10 days - 30 days The City Manager reported bids had been reviewed by the Public Works Director and were in order, with Water Well Supply having submitted the lowest and best bid. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, to accept the bid from and award the contract to the Water Well Supply Company, 11234 South Norwalk Boulevard, Santa Fe Springs, California. 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 CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-87 (R. H. GRANT AND CO.): The Mayor announced this was the time and place for the continuation of the public hearing to consider application for amendment to the Zoning Ordinance to change the zone from R-3 (High Density Multiple Family) to R-1 (Residential One-Family) on that property generally located on the northeast corner of Cerritos and Denni Streets, Cypress, as requested by R. H. Grant and Co., 1665 South Brookhurst, Anaheim, California, known as Zone Change No. Z-87. The City Manager read a letter dated October 2, 1963, from the Robert H. Grant Company requesting this zone change application be withdrawn due to a change in the development plans for the subject property. The Mayor asked if anyone in the audience wished to speak for or against this proposed use. Oct~Z~er 14) i963 Mr. Robert Kay, 1665 South Brookhurst, Anaheim, representing the applicant, addressed the Council, requesting this zone change request be withdrawn. There being no oral protests and no written communications, the Mayor declared the public hearing closed. It was moved by Councilman Wright, seconded by Councilman Gordon, to grant the request of the Robert H. Grant Company for withdrawal of this zone change application; however, after discussion Councilman-Gordon withdrew her second and the motion died for lack of a second. The City Attorney recom~nended that the City Council not take any action on this request at this meeting, but continue the matter until the next regular Council Meeting. Mr. Richard Owen, Secretary-Treasurer of the Robert H. Grant Company, addressed the Courtill concerning the City Attorney's recommendation. After discussion, it was moved by Councilman Gorzeman, seconded by Councilman Gordon, and carried, to continue this matter until the regular meeting of October 28, 1963. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke and Noe Wright None CONTINUATION OF PUBLIC HEARING RE: ZOI~ CHANGE NO. Z-82; LARWIN COMPANY: The Mayor announced this was the time and place for the continuation of the public hearing to consider application for amendment to the Zoning Ordinance to change the zone from R-1 (Residential One-Family), M-1 (Light Industrial), and A-2. (Heavy Agriculture) to PD (Planned Development) that property generally bounded by Carbon Creek Channel, Dennt Street, Orange Avenue, Bloomfield Street, and Tract 3742, as requested by Larwin Company, 8670 Wilshtre Boulevard, Beverly Hills, California, known as Zone Change Z-82 and asked if anyone in the audience wished to speak for or against this proposed use. Mr. Lee Goldin, representing the applicant, addressed the Council, speaking in favor of the proposed use and offering to answer any questions on the subject zone change request. The City Manager pointed out that the PD (Planned Development) Zoning would allow the Larwin Company to proceed with. development under Conditional Use Permit No. C-156. Discussion was held concerning various aspects of this type of development. There being no oral protests and no written communications, 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, AS AMENDED, BY CHANGING THE ZONE OF CERTAIN PARI~ELS OF LAND FROM R-1 (RESIDENTIAL ONE- FAMILY), M-1 (LIGHT INDUSTRIAL) AND A-2 (HEAVY AGRICULTURE) TO ZONE PD (PLANNED DEVELOPMENT) KNOWN AS ZONE CHANGE NO. Z-82 (LARWIN COMPANY) It was moved by Councilman Van Dyke, 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 October 14.-1963 Councilman Gorzeman asked Mr. Goldin if the Larwin Company would consider only developing one parcel at a time, so that any problems which may arise with the Planned Development could be worked out prior to the development of another parcel. Mr. Goldin replied that the Larwln Company has not rushed into this type of development, but has had many study sessions with the City staff. He stated that the street layouts would have to be changed, etc. if only one parcel were to be developed; consequently, they feel it will be necessary to have the entire area considered at one time. PUBLIC ~ARING RE: APPEAL TO CONDITIO~4~L USE PERMIT NO. C-15611ARWIN COMPANY: The Mayor announced this was the time and place for the public hearing to consider an appeal initiated by the Cypress City Council Of the decision of the Cypress Planning Commission on Conditional Use Permit No. C-156 to permit the building of a residential neighborhood under the planned development standards on property bounded by Carbon Creek Channel, Denni Street, Orange Avenue, Bloomfield Avenue, and Tract 3742, as requested by Larwin Company, 8670 Wilshire Boulevard, Beverly Hills, California, and asked if anyone in the audience wished to speak for or against this appeal. Mr. Lee Goldin, representing the applicant, addressed the Council, stating that he is in favor of the Conditional Use Permit, but is opposed to certain of the conditions of the permit, one of these being that the water be provided by the City of Cypress, and another concerning the specified sizes of the required swimming pools being determined by the Planning Cor~nission. Mr. Leo Baroldi, 6672 Cerritos Avenue, Cypress, addressed the Council concerning the specified sizes of the swimming pools in the proposed development, suggesting that rather than decrease the size of the pools, the Larwin Company sacrifice one or two of the dwelling units. The City Manager stated that this hearing would also be to consider an appeal received from the Larwin Company dated October 1, 1963 concerning certain conditions of Conditional Use Permit No. C-156. The City Manager read this communication, in which the Larwin Company appealed the following: 1. Paragraph No. 4 of Section 1, 2 and 3, regarding the size and number of the swimming pools, Applicant requested that ~said paragraphs be modified to provide the City staff ~approval of the size and number of pools. 2. General condition no. 17 (page 5) reading as follows: "Water for the proiect shall be provided by the City of Cypress" 3. General condition no. 15 (page 5) reading as follows: "All buildin~m ~onin~ and other City Ordinances shall be complied with." There being no oral protests and no further written c~m,onicattons, the Mayor declared the public hearing closed. After discussion, It was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carried to deny the appeal initiated by the City Council of the decision of the Planning Cormmission concerning Conditional Use Permit No. C-156. 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 It was further moved by Councilman Wright, seconded by Councilman Gorzeman and unanimously carried to deny the appeal by the Larwin Company of the decision Of the Planning Cormmission on Conditional Use Permit No. C-156. O!~tober 14, 1963 The following roll call vote was taken:- AYES: 5 COUNCII/4EN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None PUBLIC HEARING RE: ESTABLISF~4ENT OF FIRE ZONES IN THE CITY OF CYPRESS: The Mayor announed this was the time and place for the public hearing to consider the establishment of Fire Zones in the City of Cypress. The City Manager reported that due to recent inquiries and interest in the development of multiple dwellings and commercial shopping centers, the Staff has recw,..ended the establishment of Fire Zones for the City, which will ~uarantee high-quality construction. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for~or against the establishment of fire zones. There b~ing no oral eonmunications and no written communications, the Mayor declared the public hearing closed. Discussion was held concerning the effect this proposed Ordinance would have on various types of construction. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and carried, to hold this matter over until the regular meeting of October 28, 1963, by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Wright and Noe Van Dyke None CONDITIONAL USE PERMIT NO. C-156: The City Attorney stated that after reviewing the conditions of Conditional Use Permit No. C-156, he noted an omission ofthe clause that states "the Conditional Use Permit shall be based upon the obtaining of the required zone change". The City Attorney advised the applicant that Zone Change No. Z-82 must be completed before Conditional Use Permit No. C-156 can take effect. Mr. Goldln of the Larwin - Company acknowledged this condition. CONTINUANCE OF THE UNIFORM BUILDING CODES: A written cor~munication dated 3uly 17, 1963 from the City of Costa Mesa, was presented, transmitting a copy of a resolution urging the continuance of the Uniform Building Code, Uniform Housing Code, Uniform Plumbing Code, and the National Electric Code, as instruments of municipal jurisdiction. In its communication, the City of Costa Mesa requested the Cypress City Council to adopt a Similar resolution. It was moved by Councilman Gorzeman, sea nded by Councilman Van Dyke, and unanimously carried, the following Resolution be adopted: RESOLUTION NO. 407 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE CONTINUANCE OF THE UNIFORM BUILDING CODE, THE UNIFORM HOUSING CODE~ THE UNIFORM PLUMBING CODE, AND THE NATIONAL ELECTRICAL CODE AS INSTRUMENTS OF MUNICIPAL 3URISDICTION The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None CAMP FIRE GIRLS ANNUAL NUT SALE: A written communication dated September 24, 1963, from the Camp Fire Girls, Orange County Council, Inc. was presented, requesting permission to conduct their annual nut sale in the City of Cypress from January 17 through February 3, 1964. October 14~ 1964 It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried, to grant the request of the Camp Fire Girls to conduct their Annual Nut Sale in the City of Cypress from January 17 through February 3, 1964. 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 NOTICE OF PROPOSED ANNEXATION TO THE CITY OF STANTON: A written communication dated October 7, 1963, from the Orange County Boundary Conmission, was presented notifying the City of a proposed Ohmer Annexation to the City of Stanton. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried to receive and file this cormnunication. RESOLUTION FRO~. CITY OF SEAL BEACH RE: ERAYERS IN PUBLIC SCHOOLS: Resolution No. 1265, dated October ~, 1963, from the City of Seal Beach, California was presented, recommending enactment of an amendment to the Constitution of the United States of America so as to permit, as determined by the local school districts, the recitation of condenominational type prayers, on a voluntary type hasis, in the public schools of this country. After discussion, it was moved by Councilman Gorzeman, seconded by Councilman Gordon, and unanimously carried, the City of Cypress communicate with the City of Seal Beach, endorsing their Resolution No. 1265. INVESTIGATION REPORT ON DRAINAGE REQUIREMENTt WAYNE WORLEY: A report dated October 10, 1963, was presented from the City Manager reviewing the drainage condition placed on Conditional Use Permit No. C-158 granted to Mr. Wayne Worley. It was moved by Councilman Van Dyke, and seconded by Councilman Gorzeman, to hold this matter over until the regular meeting of October 28, 1963. After discussion, Councilman Gorzeman withdrew his second and said motion died for lack of a second. · Councilman Wright emphasized the need to insure that citizens are informed of all necessary procedures when applying for lot splits, etc., as in the caseof Mr. Worley. Discussion was held concerning the possible formation 9f a City Council Committee to study this matter and meet with Mr. Worley. Mr. John Kanel, 5502 Mildred Circle, Cypress, addressed the Council concerning the drainage fees imposed as cond~ ions of other Conditional Use Permits. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, urging that this matter be acted upon at this time. After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and carried, a committee of the City Council meet with Mr. Worley concerning this matter and make a recommendation at the regular Council meeting of October 28, 1963. The following roll call vote was taken: AYES: 3. COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman and Van Dyke Wright and Noe None Mayor Noe appointed Councilmen Gorzeman and Gordon to serve on the Committee to meet with Mr. Worley. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDSa TRACT 41121 EARWIN COMPANY: The City Manager reported that this matter had been held over from the meeting of September 23, 1963, dur to a drainage problem. He further stated that the staff is reviewing the plans on this tract concerning the drainage facility and will make a recon~nendation for correction of this drainage problem, whereupon it was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried to hold this matter over until the meeting of October 28, 1963. ~NTATIVE TRACT MAP NO. 5337~ SHERMORE CORPORATION: Tentative Tract Map No. 533?, located on the east side of Moody Street approximately 1320 feet north of Orange Avenue as requested by the Shermore Corporation, was presented. The City Manager reviewed the Planning Commissions recorm~endations on Tentative Tract 5337. The City Manager stated that a letter had been received on October 11, 1963, from an attorney for the Shemore Corporation, protesting certain of the drainage charges on Tract A398. Considerable discussion was held concerning the charges made for drainage purposes. Mr. Sherman Whitmore, addressed the Council, stating that he has never obiected to paying for the flood control channels, but does feel that when a flood control channel bisects a parcel of ground~ it is an unjust burden to require dedication in addition to payment of the drainage fees. After considerable discussion concerning the history of drainage districts, the laws involved, etc. Mr, Whirmore requested Tentative Tract Map No. 5337 be held over. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried to hold Tentative Tract Map No. 5337 until the regular meeting of October 28, 1963. The following roll call vote was taken: AYES: 5 COUNCILME~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright &Noe None None - TENTATIVE TRACT MAP NO. 4994~ LARWIN COMPANY: Tentative Tract Map No. 4994, located between Valley View and Juanita, north of Carbon Creek Channel, as requested by the Larwin Company,lwas presented. The City Manager reviewed the Planning Commission's recommendations on Tentative Tract Map No. 4994. It was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried, that an additional condition be added requiring installation of full street improvements on Valley View. Mr. Lee Goldin, representing Larwin Company, addressed the Council, protesting Condition No. 4 that "water shall be provided by the City of Cypress." After discussion, it was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carried, to approve Tentative Tract Map No. 4994, subject to the following conditions: 1. All vehicular access on Valley View shall be dedicated to the City. 2. All drainage shall be approved to the satisfaction of the City Engineer and all drainage fees shall be paid. 3. The street names of Lee and Gene streets shall be changed to correspond with streets to the west. 4. Water shall be provided by the City of Cypress. 5. All streets now designated as 52' and 60~ streets except the 52' cul-de-sacs, shall be aminimum of 56'. 6. A six-foot block wall fence shall be erected around the exterior boundary of the entire tract except those lots fronting on Juanira Street. If property to the north and south is being developed or has a final tract map recorded on the property, it need not be installed adiacent to the property. 7. Full street improvements shall be installed on Valley View. Oto~~r j4, 196~ ............................................................................. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van DyRe, Wright and Noe None None TENTATIVE TRACT MAP NO. 5272, STARDUST LANDS~ INC.: Tentative Tract Map No. 5272, located at the northeast corner of Denni and Cerritos, as requested by Stardust Lands, Inc. was presented. The City Manager reviewed the Planning Commtssion*s recommendations on this Tentative Tract Map. A letter dated October 2, 1963, from the Robert H. Grant Company, was presented, requesting withdrawal of Tentative Tract Map No. 5272. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and carried to continue Tentative Tract Map No. 5272 until the regular meeting of October 28, 1963. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke and Noe Wright None FINAL TRACT MAP NO. 4197, A. C. S%KES AND D. R. HUNGERFORD: Final Tract Map No. 4197, located on the eas,t side of Valley View north of Orange Avenue, as requested by A. C. Sykes and D. R. Hungerford, was presented. The City Manager reviewed the recommendations of the Public Works Director concerning this final tract map. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried to approve Final Tract Map No. 4197, accept and authorize the Mayor and City Clerk to sign the agreements required by the approved Tentative Tract Map, and instruct the City Cler~ to sign the record map upon compliance with the following conditions: 1. Bonds, agreements, and plan checking fees be deposited with the City. 2. Since the design of the storm drain is not firm, full payment of drainage fees (eight acres at $950.00 per acre) or a letter of credit from the developer's lending institution guaranteeing cash payment of acreage fees in lieu of actual construction. 3. A letter from the subdivider agreeing not to start construction prior to the City Engineer's approval of the Tract Improvement Plans. 4. Water shall be provided by the City of Cypress. 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 A_q~EPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT 4470~ MACCO REALTY CORP.: A report dated October 9, 1963, was presented from the City Manager, stating that the Public Works Director has inspected the final improvements of Tract 4470 developed by the Macco Realty Corporation, and has found them to be acceptable. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept the final improvements and authorize the City Clerk to release the Bonds for Tract 4470 subject to the Macco Realty Corporation satisfactorily replacing the fence of a Mr. White, property owner adjacent to the tract. 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 October 14, 1963 ACCEPTANCE OF THREE-PARTY AGREEMENT AND RELEASE OF BONDSt TRA6T 4452, ROBERT H. GRANT AND COMPANY: A report dated October 11, 1963 was presented from the City Manager concerning the acceptance of a three-party agreement for the water, sewer, and street improvements of Tract 4452, to be used in place of the bonds preyiously accepted for this tract. It was moved by Councilman Wright, seconded by Councilman Van Dyke and unanimously carried to accept the three-party agreement and release the existing bonds and agreements for Tract 4452. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None The City Manager suggested that from this d~ e forward there be an Administrative cost of $150.00 for handling such three-party agreements, due to the costs involved in reviewing said agreements. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, an administrative cost of $150.00 be charged for handling three-party agreements, when such method of guaranteeing public improvements is desired by the developer. The following roll call. vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None It was further moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, to authorize the disbursal of the drainage ~onies paid and due the City from the R. H. Grant Company for Drainage District 1-A to the Union Bank. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: GordDn, Gorzeman, Van Dyke, Wright & Noe None None RELEASE OF BOND FOR CHAIN LINK FENCEt TRACT 4773~ R. H. GRANT AND ~O.: A report dated October 9, 1963, from the City Manager was presented stating that the Robert H. Grant Company has requested the City Council to authorize the release of Bond No. 1530339 in the amount of $1,386.99, which was required for the construction of a chain link fence on the west boundary of Tract 4773. The chain llnk fence is no longer necessary since the adiacent dairy has been removed and an approved tract is under development adiacent to Tract 4773. It was moved by Councilman Gorzeman, seconded by Councilman Van Dyke, and unanimously Carried to authorize the City Clerk to release Bond No. 1530339 in the amount of $1,386.99, by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None EASEMENT DEED PROM SHADY CREST HOMESJ INC.~ TRACT 4686: An easement grant deed, dated September 24, 1963, was presented from the Shady Crest Homes, Inc., for sewer and indC~dental purposes in Tract 4686. It was moved by Councilman Gordon, seconded by Councilman Gorzeman, and unanimously carried, the City Council accept the Easement Grant Deed from Shady Crest Homes, Inc. and the City Clerk be authorized to record the deed. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None October 14, 19~3 AUDITOR'S REPORTm FISCAL YEAR JFLY 1~ 1962 THROUGH JUNE 30~ 1963: A report dated October 9, 1963 was presented from the City Manager transmitting the Auditor's Report for the fiscal year ended June 30, 1963. It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, the Auditor's Report be received and filed. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe NOne None FIRST qUARTERLY FINANCIAL REPORTm FISCAL YEAR 1963-64: A report was presented dated October 9, 1963 from the City Manager, transmitting the first quarterly Financial Report, which covers the period of July 1, 1963 through September 30, 1963. I t was moved by Councilman Gorzeman, seconded by Councilman Van Dyke and unanimously carried, to receive and file the First Quarterly Financial Report for the Fiscal Year 1963-64. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None LIMITING OF PRIVATE PATROL SERVICES: A report dated October 9, 1963, from the City Manager was presented, concerning a study requested by the City Council on the number of private patrol services to be allowed in the City of Cypress. After discussion, it was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, that the three private patrol systems now authorized to operate in the City are sufficient based on the current population and needs of the con~nunity. APPLICATION FOR PRIVATE PATROL SERVICE; HARBOR SECURITY PATROL: A report dated October 9, 1963, from the City Manager was presented, stating that the City has received an application from John R. Buesfng, representing Harbor Security Patrol, for the operation of a private patrol service in the City. It was moved by Councilman Van Dyke, Seconded by Councilman Wright and unanimously carried to deny the application from Harbor Security Patrol. CIVIC CENTER DAIRY BARN DEMOLITION: A report dated October 9, 1963, was presented from the City Manager stating that the City has received a request for authorization to demolish the existing dairy barn located on the civic center site, tbe contractor being will to demolish the dairy building down to, but not including, the slab for the salvage materials which he would obtain from the structure. After discussion, it was moved by Councilman Van Dyke, and seconded by Councilman Wright to authorize the City Manager to enter into a contract for demolition of the dairy barn on the civic center property, the cost of which will not exceed the salvable materials obtained from the building, but will not include the removal of the foundation slab, and that a $500.00 bond be posted by the contractor. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Van Dyke and Wright Gordon, Gorzeman and Noe None BIDS FOR CITY PICK UP TRUCK: A report dated October 9, 1963, was presented from the City Manager concerning bids for the City pick-up truck, recommending readvertising for bids on revised specifications prepared by the Public Works Director. ........................................... October-l~. 1963 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried to reject all previous bids on the pick up truck, approve the .amended specifications, and authorize the City Clerk to publish a notice inviting bids for the purchase of a pick-up truck. The following roll call vote was taken: AYEa 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Corzeman, Van Dyke, Wright & Noe None None BIDS FOR CITY CAR: A report dated October 9, 1963, was presented from the City Manager, concerning the purchase of a City car, recommending that the specifications for this vehicle be the same as those required for Police Department automobiles, which would allow for the transfer of the general City car to the Police Department as one of the annual Police Vehicle replacements. It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, to approve the specifications and authorize the City Clerk to publish a notice inviting bids for the purchase of a City Car. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None ~DS FOR CITY DUMP TRUCK AND COMPRESSOR: A report dated October 9, 1963 was presented from the City Manager, concerning the purchase of a City dump truck and compressor for street maintenance. After discussion, it was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried to approve the specifications and authorize the City Clerk to publish a notice inviting bids for the purchase of a two-ton truck chassis, dump body, a compressor-sprayer, and the required tank and tools. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None CENTRALIA SCHOOL DISTRICT DRAINAGE] SOUTH OF LINCOLN~ WEST OF HOLDER: A report dated October 10, 1963 was presented from the City Manager concerning the dedication of a drainage easement to the City by the Centralia School District as a condition of a Conditional Use Permit granted to them by the City Council on August 20, 1962. At the City Council meeting of January 21, 1963, the City Manager and City Attorney were authorized to proceed with legal action to acquire the dedication for the drainage easement on this site, as the Centralis School District had indicated that they would not dedicate this property. Since that date, meetings with the City Engineer have indicated that the School District will, at the time of construction, recognize the urgency for dedication of this right-of-way. It was moved by Councilman Van Dyke, seconded by Councilman Gordon, and unanimously carried to direct the City Manager and City Attorney to withhold any legal action at this time in obtaining the right-of-way for the Master Plan of Drainage channel adjacent. to the proposed school property south of Lincoln, west of Holder, and also to direct the City Manager to communicate with the Centralis School District regarding this decision and placing them on notice of the serious drainage problem which will occur upon development of the school without the drainage channel. TRAFFIC SIGNAL MAINTENANCE AGREEMENT: A report dated October 11, 1963 was presented from the City Manager concerning the possibility of entering into a contract f~r the maintenance of the traffic signal at Valley View and Katella. Octo~ r 14, 9~3 It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried to approve the agreement between the City and the Traffic Signal Maintenance Company for a period of five years at $29.33 per month for the maintenance of the traffic signal at Valley View and Katella and further to authorize the Mayor and City Clerk to sign said agreement upon approval as to form by the City Attorney. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None DRAINAGE REIMBURSEMENT AGREEMENT FOR~: A draft of a drainage reimbursement agreement form was presented by the City Attorney, to be used in drainage areas where construction costs will exceed the drainage fees. The City Attorney suggested that the draft be submitted to the Department Heads for their approval. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to refer this reimbursement agreement form draft to the Department Heads for their review and recommendation at the Co.ncil meeting of October 28, 1963. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gor zeman, Van Dyke, Wright & Noe None None ~OLICITATION ORDINANCE: FIRST READING: The City Manager explained the proposed Ordinance regulating solicitations within the City of Cypress, California. 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 REGULATING SOLICITATIONS WITHIN THE CITY OF CYPRESS, CALIFORNIA It was moved by Councilman Gorzeman, 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 and Noe None None Mr. John Kanel, 5502 Mildred Circle, Cypress addressed the Council concerning the effect this Ordinance would have on solicitations by political groups. Considerable discussion ensued concerning the various types of door-to-door solicatation. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, stating that he is in favor of this Solicitation Ordinance. WATER DEPARTMENT POLICIES AND PROCEDURES RESOLUTION: It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried the following Resolution be adopted: RESOLUTION NO..408 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING POLICIES AND PROCEDURES TO SUPPLEMENT ORDINANCE NO. 173 FOR T~ OPERATION OF THE WATER DEPARTMENT. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSEE~: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None October 14. 1963 Mr. Carol de Pietro, 10301 Sande Street, Cypress, addressed the Council, representing the Industrial CommitFee of the'Cypress Chamber of Con~merce, concerning questions about the municipal water department. Mr. de Pietro was advised to bring this matter up under Oral Communications at the end of the meeting. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7550 AND 7648 THRU 7681 (PAYROLL): It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 409 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7550 and 7648 THRU 7681. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7682 THRU 7716 (PAYROLL): It was moved by Councilman Gorzeman, seconded by Councilman Gordon, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 410 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7682 THRU 7716. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Gordon, Gorzeman, Van Dyke, Wright & Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7717 THRU 7783 (COMMERCIAL WARRANTS}: It was moved by Councilman Gorzeman, Seconded by Councilman Gordon, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 411 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7717 THRU 7783. 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 CLAIM AND DEMAND NO. 7784: It was moved by Cpuncilman Van Dyke, seconded by Councilman Gordon, and carried the following Resolution be adopted, title as follows: RESOLUTION NO. 412 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIM AND DEMAND NO. 7784. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gordon, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAIN: 1 COUNCILMEN: Gorzeman October 14, 1963 ...O, RAL COI~UNICATIONS: Mr. Carl de Pietro, representing the Industrial Committee of the Cypress Chamber of Commerce, addressed the Council concerning various questions on the municipal Water Department. Mr. de Pietro presented the list to the City Manager for his reply. Mr. William Shubin, 4615 Orange Avenue, Cypress, addressed the Council concerning the City Council's appeal of the Planning Cu,,m~ission's decision on Conditional Use Permit No. C-156. Mayor Noe explained that the City Council, under the new Zoning Ordinance Amendments, could not have heard this Conditional Use Permit without it being appealed. ADJOURI~4ENT: There being no further business to come before the City Council, it was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, the meeting adjourn at the hour of 11:05 P. M. MAYOR ATTEST: / October 14, 1963