Minutes 64-02-10:
|NDEXED
MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
February 10m 1964
The City Council of the City of Cypress held a regular meeting on
February 10m 1964m in the City Council Chambersm 9471 South Walker Streetm
Cypress, California, at 7:30 p.m., Mayor Frank P. Noe, presiding.
PRESENT: Kanel, Gorzeman, Van Dyke, Wright and Noe
ABSENT: None
Also present were City Manager/City Clark Dartell Essexm City Attorney
H. Rodget Howell, Public Works Director Harold Neu, Secretary of the
Planning Commission Dartell Dalton, Police Chief O. C. Foster and Building
Superintendent John McGettrick.
MINUTES:
It was moved by Councilman Van Dyke, seconded by Councilman Kanel~ and
unanimously carriedm the minutes of the meeting of January 27, 1964, be
approved as mailed.
ORAL COMMUNICATIONS:
Mr. Robert Olney, 5187 Cumberland Drive, Cypress, addressed the Council,
urgln~ that favorable consideration be given to the appointment of Mr. Robert
Doerr to the Cypress Planning Commission.
RESOLUTION OF COMMENDATION FOR FORMER PLANNING COMMISSIONER JOHN KANEL:
The City Manager read in full Resolution No. 444. It was moved by Mayor
Noem Seconded by Councilman Wright, and carried, the following Resolution
be adopted, title as follows:
RESOLUTION NO. 444
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS COMMENDING MR. JOHN KANEL FOR HIS SERVICE
TO THE CITY OF CYPRESS.
r~ayor Noe presented a framed copy of Resolution No. 444 to former Plannin~
Commissioner John Kanel.
PUBLIC HEARING RE: VACATION OF THREE PARCELS OF LAND AS ALLEYS:
!~a or Noe stated that although the Public Hearin~ for the purpose of Y
cons~derlng the vacation of two alleys appeared next on the agenda, the Public
Hearln~ would not be bald until 8:00 p.m,, as set forth in the NOtice of
Public Hearing.
REQUEST FROM TRAVELERS INSURANCE COMPANY FOR RELEASE OF INDEMNITY BOND FOR
N. P. VAN VALKENBURGH COMFANY:
The City Manager presented a communication from Travelers Insurance
Company requesting the release of the indemnity bond for backfill
Pequlrements of N. P. Van Valkenburgh Company for construction and
completion of certain sanitary sewer improvements in an area known as
Assessment District No. 2. The Water District accepted the work on
January 30m 1963, and the inspecting engineers for the Cypress County Water
District have found no objection to release o~ the bond at this time.
After discussion, it was moved by Councilman Gorzeman, seconded by
Councilman Kanel~ and unanimously carrled~ to authorize the City Clerk to
February 10, 1964
release Bond No. 952583 in the Amount of $25,000 to the Travelers
Insurance Company for the sanitary sewer improvements constructed by
N. P. Van Valkenburgh Company, Inc. The following Poll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Corzeman, Kanel, Van Dyke~ Wright and Noe
None
None
COMMUNICATION FROM STATE OFFICE OF PLANNING RE:
HANN~ WISE ~ ASSOCIATES, PLANNING CONSULTA'~TS:
COMPLETION OF SERVICES OF
The City Manager presented a communicated dated January 23, 1964~ from the
State Office of Planning re~ardlng acknowledgement of completion of
services of Hahn, Wise & Associates for the gastap Plan Contract with the
City of Cypress. The City Manager also presented a memorandum of aRtcement
dated january 20, 1964~ from Hahn, Wise & Associates outlining the services
which will be performed by them to complete the various phases of the
Master Plan at no additional fee to the City of Cypress.
It was moved by Councilman Kanel, seconded by Councilman Gorzeman~ and
unanimously carried~ to sosapt the Memorandum of Agreement from Hahn, Wise
& Associates~ and to authorize the City Manager to forward the Acknowledgement
of Completion of Services of Hahn~ Wise and Associates to the State Office
of Planning. The following Poll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman~ Kanel, Van Dyke, Wright, and Noe
None
None
NOTICE FROM ALCOHOLIC BEVERAGE CONTROL RE: CHANGE IN PARTNERSHIP AT PARKWAY INN:
The City Manager presented a communication from th~ Alcoholic Beverage Control'
Board notifying the City that the Parkway Inn, 4504 Lincoln Avenue, Cypress~
has requested a drop of a partner from an Alcoholic Beverage License.
It was moved by Councilman Van Dyke, seconded by Councilman Wright~ and
unanimously carried, this communication be received end filed.
NOTICE FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: NEW ON-SALE BEER LICENSE FOR
GERALD J. AND JACK THOMPSON: Th~"Ci~y Manager presented a communication from
~he Alcoholic Beverage ~ontrol Board notifying the City of a new on-sale beer
license application at 6393 Ball Road by Gerald J. and Jack Thompson, The
application has been checked by the Police Department and no basis for
protests has been found.
After a brief discussion concerning the number of establishments selling
alcoholic beverages located in the City~ it was moved by Councilman Wright,
seconded by Councilman Gorzeman, and unanimously carried, this communication
be received and filed,
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS, TRACT 4928 (MACCO
~'EALTY CO.): A report dated February 7, 1964, was presented from the City Manager
Statin~ that the public improvements for Tract 4928 have been completed~
inspected, and found to be satisfactory by the Public Works Department.
It was moved by Councilman Van Dyke, seconded by Councilman Wright, and
unanimously carrled~ to accept the public improvements for Tract 4928 and
authorize the City Clerk to release the bonds for this tract, The following
roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman~ Kanel~ Van Dyke~ Wright and Noe
None
None
ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS, TRACT 5154 (MACCO
REALTY CO.'): A report ~'ated February 7, 1964~ was presented from the City
~anager statin~ that the public improvements for Tract 5154 have been com-
pleted, inspected~ and found to be satisfactory by the Public Works Department.
It was moved by Councilman Gorzemans seconded by Councilman Kanel~ and
unanimously carried, to accept the public improvements for Tract 515~ and
authorize the City Clerk to release the bonds for this tract. The followln~
rolI call vote was taken:
February 10, 1964
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
corzeman, Kanel, Van Dyke~ Wright, and Noe
None
None
PROCLAMATION OF 4-H CLUB WEEK: The City Manager presented a request from the
Cypress Sodbusters, the local 4-H Club~ requesting that the week of February
through March 7, 1954, be proclaimed as 4-H Club Week in the City of Cypress.
It was moved by Councilman Van Dyke~ seconded by Councilman Gorzeman and
unanimously carried, to grant this requests whereupon Mayor Noe proclaimed
February 29, through March 7, 1954, as 4-M Club Week in the City of Cypress.
.~WER REIMBURSEMENT, MACCO REALTY COMPANY: A report dated February 7~ 1964~
was presented from the City Manager stating that under the terms of the
recently adopted agreement between the City of Cypress and the Macco Realty Company~
the City has agreed to reimburse the Macco Realty Company for sewer
connections on Carob Street from adjoining property owners whose property
was not a part of the Macco subdivision. Mr. John H. Emoto~ 8241 S. Gay Street,
Cypress~ connected to the subject sewer, and based on the 72 feet of
frontage for his property at $2.04 per lineal foot~ $146.88 is due to the
Macco Realty Company.
It was moved by Councilman Van Dyke, seconded by Councilman Kanel, and
unanimously carried, to authorize release of $146.88 to the Macco Realty
Company as provided for in the Reimbursement Agreement, and authorize the
transfer of $3,12 which was paid by Mr. Emoto for inspection sePvlces~ into
the general fund for inspection services. The following roll call vote
was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke~ Wright and Noe
None
None
ATTENDANCE OF CITY ATTORNEY AT LEAGUE OF CALIFORNIA CITIES CITY ATTORNEY
'~'NFERENCE: "'A report dated February 7, 1964, was presented from the City
Manager c~ncerning attendance of the City Attorney at the League of
California Cities Annual Spring Meeting of the City Attorneyts Department
to be held from April 1-3~ 1964, in Monterey~ California.
It was moved by Councilman Van Dyke~ seconded by Councilman GoPzeman~ and
unanimously carried, to authorize the City Attorney to attend the League of
California Cities City Attorney Conference and that he be reimbursed for
his actual and necessary expenses. The City Attorney stated that he would
split his expenses with the City of Dairyland. The following Poll call
vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel~ Van Dyke~ Wright, and Noe
None
None
RELEASE OF DRAINAGE FEES TO THE ROBERT H. GRANT COMPANY FOR TRACT 5133 AND
51~q:'A report dated February 7m 1964m was presented from the City Manager
c-'~ing that the storm drain requirements for Tracts 4950~ 4752, 5133~ and
5134, provided for the construction..of no-joint drainage pipe alon~ the north
side of Cerrltos from Moody Street to Bloomfield. The City did not collect a
drainage fee for Tract 4950 and Tract 4752 in lieu of the actual construction
of the facilities. However, $14,250 was collected as a drainage fee for
Tracts 5133 and 5134. The no-joint Dire has been constructed and the
Robert H. Grant Company has requested that the drainage fees for Tracts
5233 and 5134 be released, The City is in a position to release $1~,000
of the drainage monies deposited by the Robert H. Grant Company, which
will leave a balance in the Drainage District 3-B fund of $187.00 which will
be used to cover any incidental City costs that may occur.
Councilman Kanel inquired concerning the amount of money the City will be
required to reimburse the R. H. Grant Company upon final completion of the
installation of the no-jointdrainage pipe.
Discussion was also held concerning the possibility of equalizing drainage
fees throughout the various areas of the City.
February 10, 1964
It was moved by Councilman Wright, seconded by Councilman Gorzeman~ and
unanimously carried to authorize the City ManaGer to release ~1~000 from
the Drainage District 3-B funds to the Robert H. Grant Company. The
followin~ Poll call vote was taken!
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman~ Kanel, Van Dyke, WriGht and Noe
None
None
PUBLIC HEARING RE: VACATION OF THREE PARCELS OF LAND AS ALLEYS: The Mayor
announced this was the time and place' to consider the ~acatinG of three
parcels of land which are reservations in favor of the City for alley
purposes. The alleys are located between Bishop and Camp east of Walker
Street and between Nelson and Newman Streets east of Graham.
COUNCILMAN WRIGHT REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE
PODIUM.
The Mayor declared the public hearin~ open and asked if anyone in the audience
wished to speak for or against the proposed vacation of land.
No one spoke in favor of this vacation.
Mr. Christian Frey, 5572 Bishop Street, Cypress, addressed the Council, and
presented a petition bearin~ 20 signatures, requestin~ the alley between
Camp and Bishop be opened and paved. Mr. Frey requested that the alley
between Camp and Bishop be maintained for better fire protection, and that
if maintained, they be widened from 15 feet to 18 feet. Mr. Frey also
suRBested that the alley be rocked, rather than paved, thereby keeping the
cost to the property owners at a minimum.
Mrs. E. G. Saylot, 5612 Bishop, Cypress, addressed the Council statinR that
at one time an alley did exist between Camp and Bishop.
Mr. Griffin, addressed the Council concerning the ownership of the alley and
stated he feels it should be re-opened and maintained.
Mr. Gordon Anderson, 5622 B{shop, Cypress, addressed the Council, statin~
that he is willin~ to pay his share of havinR the alley paved.
Mr. Dwainq Hawk, addressed the Council concernin~ the alley easement, asking
whether or not the County had formally accepted it. The City Attorney
advised him that to his knowledge the easement had been properly processed
by the County.
Mayor Noe asked if anyone in %he audience wanted to speak for or against
the vacatinG of the alley between Nelson and Newman Streets east of Graham.
No one spoke in favor or opposition concernin~ this alley.
The Secretary of the PlanninG Commission reviewed the widths required for
alleys if the property concerned is developed as R-4 property.
After discussion, it was moved by Councilman Van Dyke, seconded by Councilman
Kanel, and unanimously carried, to continue this public hearinG until the
regular meetink of February 24, 1964. The followin~ roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Gorzeman, Kanel, Van Dyke and Noe
None
Wright
COUNCILMAN WRIGHT RETURNED TO HIS CHAIR ON THE PODIUM:
1963=64 BUDGET REVISIONS: A report dated February 10, 1964, was presented
from the City Manager concernin~ 1963-64 BudGet revisions. A review of the
revenue estimates would indicate that the City will have available an
additional $85,000. Since the adoption of the 1963-64 budget, the City
Council has adopted certain projects which were unforeseen during the
February 10~ 1964
i ....
1963-6~ Budget discussions and there have also been several increases in
project costs and an increase in personnel to handle the growth of the City
has experienced in the first six months of the fiscal year. The total
additional appropriations requested, as outlined in the report~ is
$63,605.00.
After discussion, it was moved by Councilman Van Dyke, seconded by
Councilman Wright, and unanimously carried, to authorize the additional
appropriations and recommended transfers as outlined in the February 10,
196~, report from the City Manager.. The followin~ roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke, Wright and Noe
None
None
SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-101 (KING MAZUR): The
City Manager stated that at the last City Council meeting, the Council had
requested that he meet with the City of Buena Park concerning water
service to the area concerned with Zone Change No. Z-101, however as of this
date he had not had an opportunity to meet with Buena Park's City Manager,
He recommended that the second reading of the Ordinance be adopted and that
the water supply be considered at the time the record of survey is filed
with the City on the subject property.
It was moved by Councilman Van Dyke, seconded by Councilman Kanel, and
unanimously carried, the following Ordinance be adopted, title as follows:
ORDINANCE NO. 198
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 WITH THE
CITY FROM R-1 (ONE FAMILY RESIDENTIAL) TO C-2 (GENERAL
COMMERCIAL) ZONE CHANCE NO. Z-iO1 (KING MAZUR)
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke, Wright and Noe
None
None
RESOLUTION AMENDING RESOLUTION NO. ~19 RE: PURCHASES FOR CITY BY COUNTY
PURCHASING AGENT: The City Manager explained that Resolh~ion' No. ~19 which
authorizes purchases of certain items to be made for the City by the
Purchasing Agent of the County of Orange, adopted on December 2, 1968, pro-
vided that said contract would have a term of five years. However, Resolution
No. 63-1779 adopted by the Orange County Board of Supervisors, on December 17,
1953, provided that the term of the contract shall not exceed beyond a
period of one year. Consequently, it is necessary for the City of Cypress
to amend Resolution No. ~19 to change the term of the contract to coincide
with the County's resolution.
It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and
unanimously carried, the following Resolution be adopted~ title as follows:
RESOLUTION NO. ~45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING RESOLUTION NO. ~19 OF THE CITY OF CYPRESS
AUTHORIZING PURCHASES OF CERTAIN ITEMS TO BE MADE FOR
THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF ORANGE.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke, Wright, and Noe
None
None
February 10, 1964
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8327 THRU 8364 (PAYROLL): It was
moved by Councilman Van Dyke, seconded by CouncilS'an Wright', a~'d unanimously
carried~ the following Resolution be adopted, title as follows:
RESOLUTION NO. 446
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN
CLAIMS AND DEMANDS NOS. 8327 THRU 8364
The following Poll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke, Wright, and Noe
None
None
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8365 THRU 8418 (COMMERCIAL WARRANTS)
It was moved by Councilman Gorzeman, seconded by Councilman' K'anel, ah'd
unanimously carried, the following Resolution be adopted, ~itle as follows:
RESOLUTION NO. 447
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN
CLAIMS AND DEMANDS NOS. 8364 THRU 8418.
The followinR roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel~ Van Dyke, Wright, and Noe
None
None
APPOINTMENT OF PLANNING COMMISSIONER: Mayor Noe stated that several letters
of application had been received for the position of Planning Commissioner,
and that after considerable delibertation, he wished to appoint Mr. Robert
Doerr, 5207 Cumberland Drive, Cypress, to fill the unexpired term of John
Kanel on the Cypress Plannin~ Commission.
It was moved by Councilman Van Dyke, seconded by Councilman Wright, and
unanimously carried~ to concur with the appointment of the Mayor of
Robert Doerr~ 5207 Cumberland Drive~ Cypress, to the Cypress Plannin~
Commission, to fill the unexpired term of John Kanel, which will end on
August 5, 1966. The followin~ roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, Van Dyke~ Wright, and Noe
None
None
Mayor Noe introduced Mr. Do~rr~ who addressed the Council expressing his
appreciation for the appointment, statin~ that he would do his best on the
Plannin~ Commission.
ORAL COMMUNICATIONS:
Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council,
requesting information concernin~ various expenditures by the City. The
City Manager reviewed the City's Statement of Receipts and Expenditures,
with reference to Mr. Kennedy's question. Mr. Kennedy also inquired about
the costs involved thus far in the establishment of the municipal water
department. The City Manager s%ated that a neDoft would be made available
to the City Council and the public foliowinE a meetin~ with the City auditors.
Mr. Jack Roberrs, 9672 Salisbury Lane, Cypress, addressed the Council con-
cerning the City tax rate and water rates~ askin~ if the rates would be
increased when the City takes over water service in the area. The City
Manager stated that the water rates are based on existin~ wager rates and
the City does no~ contemplate any increase.
February 10, 1964
Mr. Carl De Pietro, 10301 Sande Street, Cypress, addressed the Council,
requestinZ consideration of allowing Cypress Citizens to have an opportunity
to vote upon whether or not the City Council should receive a token
salary for their service.
ADJOURNMENT:
The City Manager requested that the City Council adjourn the meeting until
February 17, 1954, in order that a meeting may be held to consider the
water reports.
It was moved by Councilman Gorzeman~ seconded by Councilman Wright, and
unanimously carried~ this meeting adjourn at the hour of 8:55 p.m. to
February 17~ 1964, at 7:30 p.m.
MAYOR
ATTEST:
February 10, 1964