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Minutes 63-12-23MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD December 23. 1963 INDEXED The City Council of the City of Cyress held a regular meeting on December 23, 1983, in the City Council Chambers, 9~71 South Walker Street, Cypress, California, at 7:30 p.m.~ Mayor Frank P. Noe presiding. PRESENT: Gordon, Wright, and Noe ABSENT: Gorzeman and Van Dyke Also present were City Manager/City Clerk Dartell Essex; City Attorney H. RodgaP Howell; Public Works Director Harold Neu; Secretary of the Planning Commission Dartell Dalton; and Police Lieutenant Robert Murray. MINUTES: It was moved by Councilman Wright. seconded by Councilman Gordon, and unanimously carried, to approve the minutes of December 9, 1963. ORAL COMMUNICATIONS: Mr. Don B, Christenson, of Christenson Realty and Development Company in Santa Ana~ addressed the Council, requesting that the item on the agenda concerning "Dedication Of Park Site"be considered at this time, whereuDon Mayor Noe stated that it would be considered after all opal communications were presented. There were no further oral communications at this time. DEDICATION OF PARK SITE: A report dated December 19, 1963, was presented from tee City Manager stating that the City has received a request from the Cypress Park partnership, who are acquiring Tract 5337, to set aside approximately one-third of an acre at the corner of Moody and Park Avenue for park end recreation purposes. This park would be dedicated to the City and improved to the satisfaction of the City, with the Cypress Park and Recreation District providing the required maintenance. After discussion, it was moved by Councilman Wright, seconded by Councilman Gordon, amd unanimously carried. the City Council indicate a desire to accept this dedication subSect to the approval of a lease agreement with the Cypress Park and Recreation District for maintenance. and an agreement with the property owner regarding the type of improvements to be con- structed Dn the park and recreation site. 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 AWARD OF BID ON PURCHASE OF POLICE VEHICLES: A report dated December 19, 1963, was presented from the City Manager concerning the bids received on three police vehicles. The report stated that the bid opening was held at 10:00 a.m. on December 16, 1963, in the presence'of the.City Manager and Police Chief. The City received only one bid from the Glenn E. Thomas Company, Long Beach. California. The following is a summary of the bid: MAKE OF VEHICLE TOTAL BID Dodge ~ TOTAL TRADE-IN $3,429.00 TOTAL LESS TRAND-IN $3.844.00 It was moved by Councilman Gordon, seconded by Councilman Wrigh~ and unanimously carried, to accept the bid from the Glenn R. Thomas Company, Long Beach~ for the replacement of ~heee Dolice vehi~les~ including the trade-in allowance. end authorize the City Manager to award the contract to the Glenn E. Thomas Company, The following Poll cell vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None gorzeman and Van Dyke December 23, 1964 PUBLIC HEARING RE: ZONE CHANGE NO. Z-97; CITY OF CYPRESS: The Mayor announced this was the time and place for the public hearing to consider the initiation of a Civic Center zone to be combined with existln~ zones generally bounded by the following locations: 660' west of Grlndlay~ 1320' north of Orange, west side of Walker, and 340' south of the Centerline of Orange Avenue, initiated by the City of Cypress~ known as Zone Change No. Z-97. The City Manager stated that the Planning Commission had held a public hearing concerning this proposed zone change and had recommended approval. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Wright. seconded by Councilman Gordon, and unanimously carrled~ the following ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING A CC (CIVIC CENTER ZONE) COMBINING DISTRICT TO THE EXISTING R-1 (RESIDENTIAL ONE-FAMILY) AND R-2 (RESIDENTIAL TWO-FAMILY) ZONE CHANGE NO. Z-97 (CITY OF CYPRESS) 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: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon~ Wright and Noe None Gorzeman and Van Dyke REQUEST FROM SOUTHERN CALIFORNIA WATER COMPANY FOR EXCAVATION PERMIT FOR TRACT 4966: The City ~anager present'ed a communication dated December ~, 1963~ from the Southern California Water Company, requesting an excavation permit to install water mains and services for Tract 4966. The City Manager stated that the request has been investigated and since the subject tract had no requirement that the City provide the water~ the permit was issued subject to an application for City franchise by the Southern California Water Company and confirmation by the City Council. It was moved by Councilman Wright~ seconded by Councilman Gordon~ and unanimously carried~ to confirm the issuance of the excavation permit for Tract 4966 water mains and services subject to revocation if a valid City franchise is not obtained by the Southern California Water Company. 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 NOTICE FROM ALCOHOLIC BEVERAGE CONTROL RE: ON-SALE BEER LICENSE~ BILLY J. STOVALL: The City Manager presented a communication fr~ the Alcoholic Beverage Control Board notifying the City of a proposedf'new on-sale beer license for Billy J. Stovall, 4612 Lincoln Avenue, Cypress. It was moved by Councilman Gordon~ seconded by Councilman Wright, and unanimously carried~ this application be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: CITY ~E'PRESENTATION ON MOSQUITO ABATEMENT DISTRICT BOARD OF TRUSTEES: The City Manager presented a communication dated December 13~ 1~63~ from the Orange County Mosquito Abatement District, notifying the City of the!termination of the appointment of Councilman Gorzeman as the City's representative on the Board of Trustees of the Mosquito Abatement District. December 23~ 1963 It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carrled~ to reappoint Councilman Gorzeman to the Orange County Mosquito Abatement Board of Trustees for the two-year term of office ending December 31, 1965. The following Poll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMAN: Gordon, WriRht, and Noe None Gorzeman and Van Dyke COMMUNICATION FROM COORDINATED SERVICE MAKING CLAIM ON CITY FOR PLUMBING O~ STORM WATER FROM TRACT 4966: The City Manager presented an invoice, dated December 13, lg63~ from Coordinated Service for the costs of ~l~Stn~ storm water from Tract No. 4966, in the amount of $3,291.43. The City Manager also informed the Council of a communication from Coordinated Service dated December 13, 1963~ which outlined the Developer's opinion on the possible future liabilities which may be incurred by the City if the storm drain right-of-way is not provided. The City Attorney expressed his opinion that the invoice was invalid and that the City was not now liable, nor has any future liability regarding storm water for the subject t~act. It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to direct the City Manager not to process the subject invoice. The following Poll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wrlghtand Noe None Gorzeman and Van Dyke AUDIT REPORT FOR FIRST QUARTER OF 1963-64 FISCAL YEAR: It was moved by Councilman Wright, se'~'onded by Councilman Gordon, and unanimously carried, to receive and file the first quarter audit report from City Auditors Diehl~ Evans and Company. 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 ORANGE COUNTY STREET NAMING COMMITTEE RE: KNOTT AVENUE AND GOLDEN WEST STREET ALIGNMENTS: The City Manager presented a commu- nication dated December 20, 1963, from the Orange County Street Naming Committee concerning a meeting to be held on January 7, 1964~ to discuss the conflicting street naming problem which exists on the Knott Avenue and Golden West Street alignments. The communication requested the City Council to designate a representative to attend this meeting. After discussion~ it was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, to designate Mr. Dartell Dalton to represent the City at this meeting, and to favor the name of Knott, 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 REPORT FROM CITY ATTORNEY RE: SUBDIVISION ACTIVITY MORATORIUM: The City Attorney requested that since two Councilmen were not present at this meeting~ this item be continued until the next regular meeting. It was moved by Councilman Wright, seconded by Counci~man Gordon, and unanimously carried, to continue the report on Subdivision Activity Moratorium until the regular meeting of January 13, 1964. APPEAL ON CONDITION OF TENTATIVE TRACT MAP NO. 49941LARWIN COMPANY: The City Manager stated that th~ city councilt at its meeting of December 9, 1963, had continued the appeal of the Letwin Company on Tentative Tract Map No. 4994, with specific reference to the condition which reads as follows: "Water shall be provided by the City of Cypress." December 23, 1963 It was moved by Councilman Gordon~ seconded by Councilman Wright~ and unanimously carried~ to deny the appeal of the LaPwin Company on Condition No. 4 of Tentative Tract Map No. q994. The followin~ roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon, Wright and Noe None Gorzeman and Van Dyke REPORT FROM CITY ATTORNEY RE: AGREEMENT WITH TWAITS-WITTENBERG COMPANY RE: WATER SEMVI~ FOR TRACT q398: The City Attorney requested that this matter be continued until later in the meeting. EMPLOYEES RETIREMENT SYSTEM: Mayor Noe stated that since two Councilmen w~"re not present at this meeting, consideration of a retirement system fop City employees would be continued until the regular meeting of January i3) 196~. FINAL TRACT MAP NO. 5~20; ROBERT H. GRANT AND COMPANY: The City Manager ~Pesented a communication dated December 23, 1963, from the Robert H. Grant Company requesting that consideration of Final Tract Map No, 5~20 be continued for a period of two weeks. It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried~ to grant the request of the Robert H, Grant Company, EASEMENT DEED FOR SEWER SYSTEM, TRACT ~966: A report dated December 1963~ was presented from the City Manager, stating that a change in the design of the sewer system of Tract ~966 requires a ten-foot easement along 20 feet of the west side of lot 19 of the subject tract. The Public Works Director has reviewed the easement deed and has found the deed to be acceptable, It was moved by Councilman Wright, seconded by Councilman Gordon~ and unanimously carried, to accept the deed for sanitary sewer purposes in Tract ~966 and authorize the City Clerk to submit the deed to the County for recopdation. 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 CERTIFICATION OF POLICE OFFICER EMPLOYMENT LIST: A report dated December 19, 1953, was presented from the City Manager~ setting forth the results of the examination for the position of Police Officer, It was moved by Councilman Wright~ seconded by Councilman Gordon, and unanimously carried~ to certify the Police Officer Employment list as submitted. 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 MONTHLY ACTIVITY REPORT; NOVEMBER 1963: It was moved by Councilman Gotdons seconded by Councilman Wright, and unanimously carried, to receive and file the Monthly Activity Report for November 1963. FIRST READING ORDINANCE RE: CURFEW REGULATIONS: The City Manager stated that the Orange County League of Cities has made a study of the curfew regulations in the County and the proposed Ordinance conforms with the recommendations of the League. It was moved by Councilman Wright, seconded Councilman Gordon, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS ADOPTING CURFEW REGULATIONS AND REPEALING ORDINANCES NO. ~8 AND 81 OF THE CITY OF CYPRESS IMPOSING CURFEW ON PERSONS UNDER EIGHTEEN YEARS OF AGE. December 23~ 1963 City Council Minutes December 23, 1963 It was moved by Councilman Wright~ seconded by Councilman Gordon, and unanimously carried~ this Ordinance pass its first reading. The followin~ roll call vote was takne: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Gordon~ Wright~ and Noe None Gorzeman and Van Dyke SECOND READING ORDINANCE RE: ZONE CHANGE N O. Z-92; LARWIN COMPANY: It was moved by Councilman Wright, seconded by Mayor Noe, and carried, the followin~ Ordinance be adopted, title as follows: ORDINANCE NO. ~98 (VOID) 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 FROM R-1 (ONE-FAMILY RESIDENTIAL) to C-1 (NEIGHBORHOOD STORES) ZONE CHANGE NO. Z-92 (LARWIN COMPANY) The following roll call vote was taken: AYES: 2 COUNCILMEN: Wright and Noe NOES: 1 COUNCILMEN: GoTdon ABSENT: 2 COUNCILMEN: Gorzeman and Van Dyke Due to the lack of a majority of the City Council votin~ in the affirmative~ the second reading of this Ordinance will be continued until the next regular City Council meeting. SECOND READING ORDINANCE RE: AMENDMENTS TO THE ZONING ORDINANCE: The City Manager reviewed the sections of the Zoning Ordinance wh'i'~ ~'~uldbe amended by passage of the following Ordinance. It was moved by Councilman Wright, seconded by-Councilman Gordon, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 191 AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90 THE ZONING ORDINANCE 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 SECOND READING ORDINANCE RE: AMENDMENTS TO THE SUBDIVISION ORDINANCE: The City Manager reviewed the proposed changes ~o the Subdivision Ordinance. It was moved by Councilman Wright, seconded by Councilman Gordon, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE 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 City Council Minutes December 23, 1963 REPORT FROM CITY ATTORNEY RE: AGREEMENT WITH TWAITS-WITTENBERG COMPANY RE: WATER SERVICE FOR TRACT B398: Upon the recommendation fo the City AttOrney, i~ was moved 'by Councilman Gordon, seconded by Councilman Wright~ and unanimously caPfled, to continue consideration of an agreement with the Twaits-Wittenberg Company concerning water service for Tract No. ~398 until the regular meeting of January 13,196~. RESOLUTION CHANGING POSTING PLACES IN THE CITY OF CYPRESS: The City Manager stated that the City is required by law to have three designated posting places in the City and reviewed the locations of the present posting places. Be stated that it is his recommendation that these posting places be changed to the following: 1. City Hall, 9737 South Walker Street 2. C~press Police Station, 53~1 Orange Avenue 3. Bulletin Board at the market located at 5951 Cerritos Avenue Councilman Wright stated that he is in favor of keeping the one original posting place at 5523 Lincoln Avenue, and requested that this location be added as a fourth posting place, whereupon the City Attorney advised the Council to maintain only the required three posting places, but suggested the possibility of having a fourth location as an unofficial posting place. It was moved by Councilman Wright, seconded by Councilman Gordon~ and unanimously carried, the following Resolution be adopted~ title as follows: RESOLUTION NO. ~29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING POSTING PLACES WITHIN THE CITY. 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 It was further moved by Councilman Gordon, seconded by Councilman Wright and unanimously carried, to designate 5523 Lincoln Avenue as an unofficial posting place for City Ordinances. 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 OF INTENTION TO VACATE ALLEYS: It was moved by Councilman Gordon, seconded' by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. ~30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ELECTING TO PROCEED UNDER THE LAW FOR THE PURPOSE OF VACATING AN ALLEY AS A PUBLIC STREET WITHIN 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 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8107 THRU 8144 (PAYROLL): It was moved by Councilman Wright~ seconded by Councilman Gordon~ and unanimously carried~ the followinR Resolution be adopted, title as follows: RESOLUTION NO. 431 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 8107 THRU 8144. 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 CLAIMS AND DEMANDS NOS0 8106 AND 8145 THRU 8171 (COMMERCIAL WARRANTS): It was moved by Councilman Wright~ seconded by Councilman Gordon~ and unanimously carried, the following Resolution be adopted~ title as follows: RESOLUTION NO. 432 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 8106 AND 8145 THRU 8171 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: ORAL COMMUNICATIONS: Gordon, Wright and Noe None Gorzeman and Van Dyke Mr. James Duncan~ Cypress, addressed the Council, estending best wishes for the Holiday season. Mayor Noe stated that he would like to express his appreciation to those individuals who attend City Council meetings and lend their support and suggestions to the City, and wished all in attendance a Merry Christmas There being no further business to come befone the City Conncil~ the Mayor declared the meeting adjourned at the hour of 8:22 P.M. ATTEST: December 23, 1963