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Minutes 63-11-12MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD November 12, 1963 The City Council of the City of Cypress met in regular session on November 12, 1963, in the City Council Chambers, 9~71 South Walker Cypress, at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Gordon~ Wright and Noe ABSENT: Gorz~man and Van Dyke Also present were City Manager/City Clerk Dartell Essex; City Attorney H. Rodget Howell; Public Works Director Harold Neu; Building Superinfendent John McGettrick; and Police Chief 0. C. Foster MINUTES: It was moved by Councilman Wright, seconded by Mayor Noe, and carried, the minutes of the October 28, 1963, meeting be approved as mailed, ORAL COMMUNICATIONS: Mr. Frank Visca, 5782 Lime Avenue, Cypress, representing the Cypress Chamber of Commerce, addressed the Council, commending Mr. C. L. Wicker for his years of service on the Cypress Planning Commission. Mr. Visca also suggested that the local newspapers be advised of the ~acancy on the Planning Commission. AWARD OF BIDS FOR AUTOMOTIVE EQUIPMENT: The City Manager stated that bids for a City pick-up truck, four-door sedan, and street maintenance truck were opened at 10:00 a.m., November 12, 1963, in the office of the City Manager. The following is a summary of the bids received: DEALER PICK-UP TRUCK SEDAN STREET MAINTENANCE TRUCK Glenn Thomas Dodge 340 E. Anahelm Long Beach~ Calif. $1~862.33 $1,728.66 $8,001.96 Trade-In~ Smith Motors Ford 12801 Brookhurst Garden Grove, Calif. $1,836.84 No Bid $8,426.39 McCoy Motor Ford 320 No. Los Angeles St. Anahelm, California $1,782.56 $2,602°08 $8,356.35 No Trade-In indicated Mel Burns Ford 2000 Long Beach Blvd. Long Beach, Calif. $1,88~.13 $1,776.00 $8,~9~.88 Trade-In~ McPeek Plymouth 336 So. Los Angeles St. Anaheim, Calif. No Bid $1,8~.00 No Bid Trade-In~ Woods GMC 1710 So. Los Angeles St. Anahelm, California $2~0~.6~ No Bid $8,700°64 ~Bids on four-door sedan include credit for 1961 Ford Falcon Trade-In The City Manager stated that the Public Works Director had completed a review of the bids and recommends the City Council accept low bids from Glenn Thomas Dodge, Anahelm, for the four-door sedan and street maintenance truck, and from McCoy Motor Ford, Anaheim, for the pick-up truck. November 12, 1963 After a brief discussion concerning the street maintenance truck, it was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to award purchase contracts for the four-door sedan with trade in and for the street maintenance truck to Glenn Thomas Dodge Company, Long BeachI and for the pick-up truck to McCoy Motors Ford Company, Anaheim, The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: GordonI Wright and Noe None Gorzeman and Van Dyke PUBLIC HEARING RE: APPEAL ON CONDITION OF TENTATIVE TRACT MAP NO~ 499~; LARWIN COMPANY: The Mayor announced this was the time and place for the public hearing to consider an appeal initiated b~ the Larwin CompanyI 8570 Wilshire Blvd.I Beverly Hills, California, on Tentative Tract Map ~99~I with specific reference to the condition which reads as follows: "Water shall be provided by the City of Cypress". Mri Denny FredI Attorney for the Larwin Company, addressed the City Council, requesting that this Public Hearing be delayed until the Vice President of the LaPwin Company arrived at the meeting. Based upon this request of the applicant, the City Council granted consent to delay the public hearing on this appeal until the and of the meeting. COMMUNICATION FROM RONDELL B. HANSON RE: DRAINAGE CHARGES ON TRACT 43981 $HERMORE CORPORATION: The City Manager presented a communication dated October 91 19531 from Rondell B, Hanson, of the law fil~n of Kindel g Andersont protesting on behalf of the Shemore Corporation, the drainage requirements for Tract 4398, Mr. Hanson requested the payment of $46,200 for property which is alleged to have been taken from the She~more Corporation without just compensation and without due process of law. A communication dated November 12, 1963, was presented from the City Attorney concerning this claim, stating that the City's drainage policy is not in conflict with the existing law, the decisions of the courst of CaliforniaI or reasonable constructions thereof, and recommended denial of this claim unless the City desired to revise the entire water drainage policy. Upon the recommendation of the City Attorneyt it was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to deny the claim made by Rondell B. Hanson on behalf of the Shemore Corporation for the payment of $~6,200 with reference to the drainage in Tract 4398. The following Poll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke COMMUNICATION FROM CALIFORNIA DEPARTMENT OF FINANCE RE: EXTENSION OF dONTRACT FOR PLANNING SERVICES: The City Manager presented a communication dated October '281 1953, from the California Department of Finance request- ing City approval of amending the time of performance on the Master Plan Contract. The amendment changes the completion date of the contract from September 91 1963, to January 20, 196q. It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to authorize the City Manager to notify the State Department of Finance that this amendment is acceptable to the City of Cypress. The following Poll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke November 12, 1963 RESOLUTION FROM CITY OF STANTON RE: SCHOOL CROSSING GUARD EXPENSES: The City Manager presented a resolution of the City of Startton dated October 28m 1953m recommending support of legislation which would force the school districts to pay expenses incurred for school crossing guard protection. The City Manager stated that the basic argument for this legislation is that school districts serve students in county territory in different cities andm thereforem the costs should be spread throughout the school district rather than being borne by any one city. It was moved by Councilman Gordonm seconded by Councilman Wrightm azd unanimously carriedm to support the resolution of the City of Stanton. COMMUNICATION FROM C. L. WICKER RESIGNING FROM CYPRESS PLANNING COMMISSION: The City Manager presented a communication dated November 4m 1963m from Planning Commissioner C, L, Wickerm submitting his resignation from the Planning Commission due to business commitments. Councilman Gordon thanked Mr. Wicker for his years of service on the Planning Commission. Mr. C. L. Wicker ~ddressed the Councilm stating that it has been a pleasure to serve the City of Cypress, It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carriede to accept with regrets the resignation of Mr. C. L. Wicker from the Cypress Planning Commission. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Oorzeman and Van Dyke It was further moved by Councilman Gordonm seconded by Coundilman Wrighte and unanimously carriedm to prepare a resolution thanking Mr. Wicker for his years of service on the Planning Commission. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordonm Wright and Noe None Gorzeman and Van Dyke ZONE CHANGE NO. Z-92; LARWIN COMPANY: The City Manager stated that Zone [hange No. Z-92 had been continued at the last meeting of the Councile this zone change to change the zone from R-1 (One-family residential) to C-1 (Neighborhood Stores) that property generally located on the southeast corner of Moody Street and Ball Roadm as requested by the Larwln Companye 8670 Wilshire Boulevardm Beverly Hills~ California. Mr. Denny Fred~ attorney for the Lapwin Companym addressed the Councilm requesting that this Zone Change No. Z-92 be delayed until the end 6f the meeting. The City Council granted this request of the applicant. INVESTIGATION REPORT ON DRAINAGE REQUIREMENT~ WAYNE WORLEY: Since the Committee appointed by the Mayor to investigate the drainage requirement Of Mr. Wayne Worley~ was not present at the City Council meeting in its entirety~ this matter was continued by the City Council until the regular meeting of November 25, 1963, APPROVAL OF DRAINAGE REIMBURSEMENT AGREEMENT FORM: Upon themquest of the City Manager, the City Council continued approval of the drainage reimburse- ment agreement form until a complete study is presented from the City Staff. ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDSe TRACT 4686; R. H. GRANT AND COMPANY: A PepOft dated November ?e 1963e was presented from the City Manager, stating that the Public Works Dipector has recommended acceptance of the public improvements in TPact 4686 developed by the Robert H. Grant Company, It was moved by Councilman Wright~ seconded by Councilman Gordon~ and unanimously carried~ to accept the final improvements and authorize the City Clerk to release the bonds for Tract 4686. The following roll call vote was taken: November 12~ 196~ AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke Mr. Richard Owan, Executive Vice President of the Robert H. Grant Company, addressed the Council regarding the Italian Cypress trees which were planted by the Robert H. Grant Company in the parkways and requested Council consideration of adopting this tree as the official City tree. Mr. Owen was advised by Councilman Gordon that this tree is represented on the official City seal, CERTIFICATION OF EMPLOYMENT LIST--RECEPTIONIST CLERK: A report dated November 7, 1963, was presented from the City Manager, stating that the City Council, in accordance with Ordinance No. 177m shall serve as a Personnel Board and must certify eligible lists of persons having satisfactorily completed examinations for positions in the City~s employment. Included in this report were the results of a recent examination for the position of Receptionist-Clerk. It was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carriedm to certify the eligible list dated November 7m 1963m for the position of Receptionist-Clerk, SECOND READING! FIRE ZONE ORDINANCE: It was moved by Councilman Wrightm s'~conded by Councilman Gordon, and unanimDusly carriedm to continue the second reading of the Fire Zone Ordinance until the regular meeting of November 25m 1963. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7852 THRU 7888 (PAYROLL): It was moved by Councilman Wrightm seconded by Councilman Gordonm and unanimously carried, the following Resolution be adoptedm title as follows~ RESOLUTION NO. ~15 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 7852 THRU 7888. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorseman and Van Dyke RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 7889 THRU 7950 (COMMERCIAL WARRANT~:) It was moved by Councilman Gordon, seconded by Councilman ~and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. ~16 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS ~OS0 7889 THRU 7950. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke RESOLUTION ALLOWING CLAIM AND DEMAND NO. 7951: It was moved by Councilman Wright, seconded~jby Councilman Gordon, and unanimuusly ' carried, to continue the resolution allowing claim.~and demand No. 7951 until the regular meeting of November 25, 1963. The following roll call vote was takem: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke Novembe~ 12, 1963 LARWIN COMPANY CONDOMINIUM SEWAGE LINES: Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, questioned the City Council regarding whether or not addi- tional sewer assessment charges would be required of property owners adjacent to the proposed condominium at Ball and Denni if changes were made in the sewer connections. Mr. Kennedy was advised that the City was unaware of any changes in the sewer lines and if changes were made, no additional assessments would be levied adjoining property owners. ASSIGNMENT OF SOUTHERN CALIFORNIA WATER COMPANY CONTRACT BY MIDWOOD DEVELOPMENT COMFANY TO 1~E CI~"f OF CYFRESS~ TRACT 5155: The City Manager 'stated that the Midwood Development Company, Inc. has presented an assign- ment to the City of their contract with Southern California Water Company. me City Manager explained'that the acceptance of this water contract would reflect a savings to the taxpayers at such time as the voters approve a water revenue bond. This contract representsa refundable sum of approxi- mately $20,905.00. It was moved by Councilman Wright, seconded by Councilman Gordon, and unan- imously carried, to accept the assignment dated November 6, 1953 to the City of the Southern California Water Company contract fr~ the Midwood Development C(~npany, Inc, for Tract 5166. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke EXCAVATION PERMIT FOR SOUTHERN CALIFORNIA WATER COMPANY FOR TRACT 5166: The CiTy Manager stated that based upon the assignment from Midwood Development Company of their contract with Southern California Water Company, he exercised administrative authority in granting an excavation permit on Bloomfield Avenue to the Southern California Water Company in order to connect the water lines for Tract 5166 to the Southern California Water line subject to City Council approval. After discussion, it was moved by Councilman Gordon, seconded by Councilman Wright, and unanimously carried, to concur with the issuance of the subject excavation permit to the Southern California Water Company conditioned upon the Southern California Water Company obtaining a franchise from the City of Cypress. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke PUBLIC HEARING RE: APPEAL ON CONDITION OF TENTATIVE TRACT MAP NO. 4994| LARWIN Cb~ANY AND ZONE CHANGE NO. Z-92: This Public Hearing and Zone Change were continued from the beginning of this meeting at the request of the applicant. Mr. Denny Fred, Attorney for the Larwin Company, addressed the Council, requesting that the Public Hearing on the Appeal of Tentative Tract Map NO. 4994 and.also Zone Change No. Z-92 be continued until the next regular meeting of theCity Council, to.be held on November 25, 1963, It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to grant the request of Mr. Fred, representing the LaPwin Company, to c6ntinue the Public Hearing on the appeal of a condition on Tentative Tract Map No, 4994 and to continue Zone Change No, Z-92 until the regular meeting of November 25, 1963. The following roll call vote was taken: AYES: 3 COUNCILMEN: Gordon, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Gorzeman and Van Dyke ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meeting adjourned at 8:07 P.M. .... ATTEST: .a // c~T~ CL~R~ / November 12, 1963