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Minutes 64-05-25INDEXED MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD May 25, 1964 The City Council of the City of Cypress held a regular meetin~ on May 25, 1964, in the City Council ChaSers, 9471 South Walker Street, Cypress, California, at 7:30 p.m., Mayor Frank P. Noe presiding. PRESENT: Kanel, McCarney, Wright, and Noe ABSENT: Oorzeman Also present were City Manager/City Clerk DaPrell Essex; City Attorney James Epickson; Public Works Director Harold Neul Secretary of the Plannin~ Commission DarPell Dalton; and Police Chief O. C. Foster. MINUTES: It was moved by Councilman Kanel, seconded by Councilman Wri~ht~ and unanimously carried, the minutes of May 11, 1964, be approved as mailed. ORAL COMMUNICATION: Mr. Richard Huston~ owner of the property at 5552 Lincoln Avenue, Cypress, addressed the Council concernin~ the City's protest to his application for an on-sale beer license at the above location. Mr. Huston pointed out that he has acquired adjacent property which would allow for adequate parkin~ and requested the City Council to rescind the protest made to the Alcoholic Beverage Control Board. After a brief discussion, Councilman Kanel suggested this matter be discussed at the close of the meeting. COUNCILMAN GORZEMAN ARRIVED AT 7:40 P.M. AND TOOK HIS CHAIR ON THE PODIUM. PUBLIC HEARING RE: CONSIDERATION OF PROTESTS ON 1964 WEED ABATEMENT PROGRAM: The Mayor announced this was the time and place to consider protests a~ainst the abatement of weeds, rubbish, Peruse, and dirt on private Dro~erty located in the City of Cypress. The Mayor declared the public hearing open and asked if anyone in the audience wished to protest the weed abatement program. Mr. Pete Van Ruiten~ 9432 So. Bloomfield~ Cypress, addressed the Council, inquirinR if the abatement would be handled in the same manner as last year. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, askin~ about the dairymen's pastures with reference to the weed abatement program. The City Manager advised Mr. Duncan that pastures are treated separately and are not considered as areas for weed abatement. There being no written communications and no oral protests, the Mayor declared the public hearinR closed. It was moved by Councilman Wright, seconded by Councilman Kenel, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. ~76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND ORDERINC THE ABATEMENT THEREOF. The followin~ roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney~ WriR~tt and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None May 25, 1964 PUBLIC HEARING RE: ZONE CHANGE NO. Z-110 (CITY OF CYPRESS): The Mayor announced this was the time and place for"~he' public hea'rln~ to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone from C-2 (General Commercial) to R-1 (One-Family Residential) on property ~enerally located approximately 165' north of Rome Avenue and 377' west Of Walker Street~ initiated by the City of Cypress~ known as Zone Change No. Z-110. The City Manager informed the City Council that the Plannin~ Commission had recommended approval of this zone change. The Mayor declared the public hearin~ open and asked if anyone wished to speak for or aRainst the proposed use. Mr. Carl Trautmanm 9781 South Walker Street, Cypressm addressed the Councilm speakinR in opposition to the proposed change of zone. Mrs. Carl Trautman, 9761 South Walker Streetm Cypressm addressed the Council speakinR in opposition to the proposed chan~e of zone. There bein~ no written communications and no oral protests~ the Mayor declared the public heaPin~ closed. Discussion was held concernin~ the extension of Rome Street in the vicinity of the requested zone chan~e. Councilman Gorzeman inquired of the City Attorney if he should abstain from voting on this matter since he lives in the vicinity of the request. The City Attorney advised him that there was no conflict of interest in votin? on this matter. It was moved by Councilman Gorzeman~ seconded by Councilman McCarney~ and unanimously carried, the Ordinance approving this zone change be read by title only. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel~ McCarney. Wri~ht~ and Noe None None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM C-2 (GENERAL COMMERCIAl,) TO R-1 (ONE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-110 (CITY OF CYPRESS). It was moved by Councilman Wright, seconded by Councilman McCaPney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman ~ Kanel, McCarney ~ Wright ~ and Noe None None COMMUNICATION FROM METROPOLITAN WATER DISTRICT RE: NEW WATER PLAN FOR THE PACIFIC SOUTHWEST: The City Manager presented a communication dated May B~ 1954, from the Metropolitan Water District~ requesting that the City of Cypress endorse the new Water Plan for the Pacific Southwest, which is the subject of Senate Bill No. 2750. The City Manager also presented a communication from City Attorney H. Rodget Howell recommending that the City Council support this measure. It was moved by Councilman McCarney~ seconded by Councilman Kanel~ and unanimously carried~, to support Senate Bill No. 2760 and authorize the City Manager to notify the representatives of the State Legislature and Governor Brown of the City Council's action. May 25~ 1954 COMMUNICATION FROM CYPRESS SHOW STOPPERS BAND RE: RECOGNITION AS OFFICIAL CITY BAND: The City Manager presented a communication dated May 6, 1964, From Mr. C. B. Parker, Band Director and Mr. John Russo, Band President~ of the Cypress Show Stoppers ~ requesting that the City of Cypress recognize the Cypress Show Stoppers as the official City Band. The City Manager pointed out that the problem in recognizing the band as the Official City Band is a question of whether or not the recognition would designate the City as a sponsor of the band as sponsorship could entail certain insurance liabilities and City expenditures. The City Manager further recommended that the City Council adopt a resolution to acknowledge the contributuions of the Cypress Show Stoppers without desiRnating the City as a sponsor. After a brief discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACKNOWLEDGING THE CONTRIBUTIONS OF THE CYPRESS SHOW STOPPERS BAND COMMUNICATION FROM SAMUEL J. CRUMBINE AWARDS JURY RE: 1964 AWARD TO ORANGE COUNTY HEALTH DEPARTMENT: The City Manager presented a communicatio~ dated May B, 1964, from Mr. Howard E. Hough representing the Samuel J. Crumbine Awards Jury for outstanding achievement in the development of health and sanitary service, informing the City that the Orange County Health Depart- ment had won the 1964 National Award. It was moved by Councilman Gorzeman, seconded by Councilman Wright~ and unanimously carried, this communication be received and filed, and further to direct the City Manager to forward a letter of congratulations to the OranRe County Health Department for this achievement. COMMUNICATION FROM "JUNE IS DAIRY MONTH--1964" COMMITTEE RE: PROCLAMATION OF JUNE IS DAIRY MONTH: The City Manager presented a communication dated May 8, 1964, from Mr. Stephen R. Miller, Chairman of the "June is Dairy Month-- 1964" Committee, requesting the City proclaim June is Dairy Month. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. Mayor Noe proclaimed the month of June as Dairy Month. TENTATIVE TRACT MAP NO. 5553; LARWIN COMPANY:v The City Manager presented Tentative Tract Map No. 5553, located on the west side of Valley View south of the Pacific Electric Railroad tracks, 17.7 acres, 91 lots, as requested by the Larwin Company, 8670 Wilshlre Boulevard, Beverly Hills, California. Consideration of this Tentative Tract Map had been continued from the meeting of May 11, 1964, due to drainage problems. The City Manager recommended that consideration of this map be continued until the next regular meeting with the consent of the developer. Mr. Lee Goldin, representing the Larwin Company, consented to continuing this matter. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried~ to continue consideration of Tentative Tract Map No. 5553 until the regular meetin~ of June 8, 1964. The following roll call vote was taken: AYES: 5 CO[~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None May 25, 1964 FINAL TRACT MAP NO. 4994; LARWIN COMPANY: The City Manager presented a report dated May 7, 1984, from the City Engineer concerning Final Tract Map No. 4884, located north of the Carbon Creek Channel between Valley View and Juanits Street, 94 R-1 lots, 19.580 acres, as requested by the Larwin Company, 8670 Wilshire Boulevard, Beverly Hills, California. The City Manager stated that this matter had been continued from the meeting of May llth because of the dispute over the condition requiring that the City provide the water service to the subject tract. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the City Council call a recess to go into executive session with a representative of the Southern California Water Company, the City Attorney, and the City Manager for the purpose of discussing a settlement of pendin~ litigation by the Southern California Water Company against the City of Cypress, discussion to be limited to this matter and no action taken. The recess was called at 8:05 p.m. The Mayor called the meeting back to order at the hour of 8:18 p.m., all City Councilmen being present. City Attorney James Erickson advised the audience that a discussion was held with a representative of the Southem California Water Company regarding the basis for settlement of pending litigation, with specific reference to a proposal by the Southern California Water Company. N~ action was taken and no agreement reached as to whether or not the City Council would accept the Southern California Water Company's proposal. The City out that Map that Manager once again presented Final Tract Map No. 4994, and pointed the Larwin Company had protested the condition on the Tentative Tract water be provided by the City of Cypress. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that construction of the public improvements for this tract had been started, and requested that the City Council remove the condition concernln~ water being served by the City of Cypress from the final map as the City Council did for another tract. Councilman Gorzeman stated that he would hesitate deleting this condition since the City's Valley View well would be able to service this tract, and suggested this matter be continued until the next City Council meeting. After discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve Final Tract Map No. 4994, accept the agreements and bonds for public improvements, authorize the Mayor and City Clerk to sign the agreements, and authorize the City Clerk to sign the record map, and further to authorize deletion of the condition requiring the City to provide the water service upon completion of the current negotiations with the Southern California Water Company on pendinE litigation against the City. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None TENTATIVE TRACT MAP NO. 4377; LARWIN COMPANY: The City Manager presented Tentative Tract Map No. 4377, located on the southeast corner of Valley View and Orange, 9 acres, 45 lots, as requested by the Larwin Company, 8670 Wilshire Boulevard, Beverly Hills, California. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, requesting the City Council to approve the map with the same stipulation as Tract 4994 regarding the water condition. Councilman Gorzeman stated that he would prefer continuing this tract map until the question of repealing the Water Ordinance is resolved. After considerable discussion, it was moved by Councilman Kanel and seconded by Councilman McCarney to approve Tentative Tract Map. No. 4377 subject to the following conditions, and further authorize deletion of the condition requiring the City to provide the water service upon completion of the current negotiations with the Southern California Water Company on pendin~ litigation against the City. May 25, 1964 1. A six foot b lock wall fence be provided on all the lots siding or backin~ to Valley View. This height may be reduced in the front yard to 3 1/2 fee%. 2. Vehicular access rights shall be dedicated to the City on Valley View and Orange. 3. Drainage shall be approved by the City Engineer and all drainage fees shall be paid. 4. A six foot block wall fence shall be built on the east and south boundaries of the tract at the time Certificates of Occupancy are issued unless development occurs to the south or to the east. 5. Orange Avenue shall be reconstructed on all existing pavement with the developer being reimbursed for the area reconst~/cted over the centerline. 6. Relocate traffic light at Valley View and Orange. 7. Water shall be provided by the City of Cypress, unless the water ordinance is repealed at the time the final map is filed. 8. Temporary drainage shall be provided at the rear of lots 28-35 in a temporary drainage facility approved by the City Engineer unless drainage rights are obtained from the property owner to the south. 9, All property line radii shown as 13' shall be changed to 15'. The Public Works Director advised Mr. Goldin that in view Of recent developments in the area of Tract 4377, it may be a drainage requirement for the subject tract to cooperate on the lowering of the grade of Valley View Street. Mr. Goldin indicated that the LaPwin Company would be willin~ to cooperate on this project. The following roll call vote was taken on Councilman!Kanel's motion to approve Tentative Tract Map No. 4377: AYES: 4 COUNCILMEN: NOES: 1 COI~CILMEN: ABSENT: 0 COUNCILMEN: Kanelt McCarney, Wrightt and Noe Gorzeman None TENTATIVE TRACT MAP NO. 5537; LARWIN COMPANY: The City ManaZer presented Tentative Tract Map No. 5537t located on the north side of the Carbon Creek Channel between Juanira and Holdert 40 acrest 211 lotst as requested by the Larwin Companyt 8670 Wilshire Boulevard, Beverly Hillst California. The City Manager read the conditions of approval recommended by the Planning Commissiont and advised the Council that the Larwin Company had protested Condition No. 8 and the condition that water be provided by the City of Cypress. Mr. Lee Coldin, representinR the Larwin Company, addressed the Council, stating that they now accept Condition No. 8 as recommended. It was moved by Councilman McCarney, seconded by Councilman Kanel, and carried, to approve Tentative Tract Map No.5537 subject to the followin~ conditions, and further authorize deletion of the condition requirinR the City to provide the water service upon completion of the current negotiations with the Southern California Water Company on pending litigation a~ainst the City. 1. Vehicular access rights shall be dedicated on Holder Street. 2. A six-foot block wall fence shall be installed along the Pacific Electric Railroad right-of-way. May ~5t 196~ 3. A six-foot chain link fence shall be installed alonR the flood control channel by the developer unless such a fence has been constructed by the Flood Control District at the time the developer requests C.O.ts. 4. All water wells shall be dedicated to the City unless the water ordinance is repealed, 5. Juanira Street shall be reconstructed with 8 foot of pavement west of the centerline. 6. Water shall be provided by the City of Cypress unless the water ordinance is repealed. 7. Drainage shall be approved by the City Engineer and all drainage fees shall be paid. 8. The developer shall contribute to the widening of Juanira Street brid~e since the tract will be contributing local traffic to that area. 9. A six-foot pedestrian access shall be constructed between lots 185 and 186 with a six-foot block wall fence on each side of the ealkway, except in the front yard setback, where it may be lowered to 3 1/2 feet. 10. The radii on the streets should be chanFed from 13' to 15'. The foliowinE roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Wright, and Noe Gorzeman None SMALL SUBDIVISION PERMIT NO. 4; A. VAN KLAVEREN: The City Manager presented a report from the Planning Comm'is'~'ion Secretary dated May 20, 1964, concernin~ Small Subdivision Permit No. 4, to subdivide 11/4 acres into four lots located on the southwest corner of Orange Avenue and Valley View, as requested by A. Van Klaveren, 9591 Valley View Street, Cypress, California. Mr. A. Van Klaveren addressed the Council, statinR that he is not in agreement with all of the conditions as recommended by the Planning Commission. Mr. Van Klaveren requested an additional entrance to the subject property on Orange Avenue. The City Manager advised Mr. Van Klaveren that the staff had recommended against additional entrances from Orange Avenue because the City if required to limit the accesses to arterial highways if it is to be eligible for funds from the County's Arterial Highway Financing Program. After considerable discussion on this matter, it was moved by Councilman McCarney, seconded by Councilman Kenel, and unanimously carried, to approve Small Subdivision Permit No. 4 subject to the following conditions: 1. That full street improvements be installed around the entire length of the frontage of the property. 2. That all drainage fees be paid and drainage be provided to the satisfaction of the City Engineer. 3. That any additional vehicular access rights on OranRe Avenue and Valley View Street be dedicated to the City. 4. That either an alley be provided at the rear of the lots or access be acquired through the condominium. If access is acquired through the condominium, then a document of such an agreement shall be recorded in the C6Unty Recorder's office before recordation of the Map. 5. The property shall be divided into four lots with a minimum of 60' frontage for each lot. May 25, 1964 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanelm McCarney, Wrightm and Noe None None Mr. Van Klaveren was advised that the City will assist him in obtaining access rights through the condominium development adjacent to his property. Mr. Van Klaveren inquired concerning how much time he has to install the public improvements. Mr. Dalton advised him that he will not be issued a certificate of occupancy until either the improvements are installed or a bond is posted guaranteeing the installation of the improvements. REPORT FROM CITY ENGINEER RE: PERMIT TO CONSTRUCT DRAINAGE FACILITIES INTO THE CARBON CREEK CHANNEL (TRACTS ~994 AND 4982): A report dated May 21, 1964, was presented from the City Engineer, stating that in order to adequately handle storm run-off in Tracts No. 4994 and 4982, it is necessary to drain into the facilities of the Orange County Flood Control District. Connections will be made to the Carbon Creek Channel adjacent to these tracts. It was moved by Councilman Gorzemang seconded by Councilman McCarney~ and unanimously carried, to authorize the Mayor to execute the permit on behalf of the City. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanelg McCarney~ Wri~ht~ and Noe None None CERTIFICATION OF EMPLOYMENT LIST FOR POLICE SERGEANT: A report dated May 21, 1984, was presented from the City Mana~er, setting forth the results of the examination for the position of Police Sergeant. It was moved by Councilman Gerzeman~ seconded by Councilman McCarneyg and unanimously carried, to certify the Police Sergeant Employment List as submitted. CERTIFICATION OF EMPLOYMENT LIST FOR POLICE OFFICER: A report dated May'21, 1964, was presented from the City Manager, settlnS forth the results of the examination for the position of Police Officer. It was moved by Councilman McCarney~ seconded by Councilman Gorzeman, and unanimously carried, to certify the Police Officer Employment List as submitted. EASEMENT DEED FROM STONEBRIDGE, INC: A report dated May 21, 1964, was pre- sented from the City Manager, statin~ that the City has received an easement for storm drain purposes from Stonebridge, Inc. for the no-joint storm drain on Cerritos Avenue, east of Denni Street, It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to accept the storm drain easement from Stonebrid~e, Inc. and authorize the City Manager to transmit the deed to the County for recordation. EASEMENT DEED TO SOUTHERN CALIFORNIA EDISON COMPANY: A report dated May 21, 1964, was presented from the City Manager, stating that the southerly six feet and easterly five feet of the southerly 30 feet of Lot A of Tract 5527 is required for placement of electrical utilities by the Southern California Edison Company. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to authorize the Mayor to sign and City Clerk to attest the easement deed in favor of the Southern California Edison Company. AGREEMENT FOR A.H.F.P. PROJECT NO. 197--BALL ROAD BRIDGE: A report dated May 21, 1964, was presented from the City Manager~ stating that the City has received a Memorandum of Agreement for approval of the City to provide for the improvement of the Ball Road Bridge over Carbon Creek Channel as a County Arterial Highway Financing Program. It was moved by Councilman McCarney, seconded by Councilman Gorzen~n, and unanimously carried, to approve the memorandum of A~reemen~ for A.H.F.P. Project No. 197 and authorize the Mayor to sign and City ~erk to attest the subject agreement. The following roll call vote was taken: AYES: 5 CO[~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzemanm Kanel, McCarneym Wright, and Noe None None AGREEMENT FOR A.H.F.P. PROJECT NO. 254--TRAFFIC SIGNALS AT BALL ROAD AND WALKER STREET: A report dated May 21, 1964, was presented f~om the City Manager statin~ that the City has received a Memorandum of A~reement for approval of the City to provide for the traffic siRnalization of the inter- section of Ball Road and Walker as a County Arterial Highwav Financin~ Program. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to approve the Memorandum of A?reement for A.H.F.P. Project No. 254 and authorize the Mayor to sign and City Clerk to attest the subject a~reement. The followin? roll call vote was taken: AYES: 4 COUNCILMEN: Kanel, McCarney, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Gorzeman AGREEMENT FOR A.H.F.P. PROJECT NO. 255--INTERSECTION IMPROVEMENT AND TRAFFIC SIGNALS AT VALLEY VIEW STREET AND CERRITOS AVENUE: A report dated May 21, 1964, was presented from the City Manager statin~ that the City has received a ~emorandum of Agreement from Orange County for approval of the City to provide for the intersection improvement and traffic si~nalization at the intersection of Valley View Street and Cerritos as an Arterial Highway Financin~ Program. It was moved by Councilman Gorzeman, seconded by Councilman McCarney~ and unanimously carried, to approve the Memorandum of Agreement for A.H.F.P. Project No. 255 and authorize the Mayor to sign and City Clerk to attest the subject agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 CO[~CILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wright, and Noe None None AGREEMENT FOR A.H.F.P. PROJECT NO. 258--TRAFFIC SIGNALS AT VALLEY VIEW & BALL: A report dated May ~1, 1964, was presented fromthe City Manager stating that the City has received a Memorandum o~ Agreement from Orange County for approval of the City to provide for traffic si~nalization at the intersection of Valley View Street and Ball Road as an Arterial HiZhway Financing Program. It was moved by Councilman Wright~ seconded by Councilman Gorzeman, and unanimously carried, to approve the Memorandum of Agreement for A.H.F.P. Project No. 258 and authorize the Mayor to sign and City Clerk to attest the subject agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarney, Wright, and Noe None None MONTHLY ACTIVITY REPORT--APRIL, 1964: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to receive and file the Monthly Activity Report for April 1964. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9000 THRU 90~1 (PAYROLL): It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 478 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9000 THRU 9041 The followinZ roll call vote was taken: AYES: 5 COUNCILMEN: Grozeman, Kanel, McCarney~ Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None May 25, 1964 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 90~2 THRU 9066 (COMMERCIAL WlRRANTS): It was moved by Councilman Gorzemant seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. ~79 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOB. 90~2 THRU 9066 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney~ WriRht, and Noe None None EMERGENCY ORDINANCE RE: AMENDMENT TOSUBDIVISION ORDINANCE RE: IMPROVEMENTS UPON PRIVATE STREETS OR PARKWAYS UNDER OPTIONAL DESIGN STANDARDS: The' City" Manager stated that the Subdivision Ordinance No. 77 does not presently provide for the payment of fees and re~ulation of improvements upon private streets and parkway areas existin~ under optional design standards. It was moved by Councilman Wright ~ seconded by Councilman McCarney, and unanimously carriedt to read an emergency ordinance in full. The followin~ roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel, McCarneyt Wright, and Noe None None City Attorney James Erickson read the proposed Ordinance in full, title as follows: ORDINANCE NO. 208 AN EMERGENCY ORDINANCE OF THE CITY OF CYPRESS AMENDING THE SUBDIVISION ORDINANCE, ORDINANCE NO. 77~ TO PROVIDE FOR FEES AND REGULATION OF IMPROVEMENTS UPON PRIVATE STREETS AND PARKWAY AREAS EXISTING UNDER OPTIONAL DESIGN STANDARDS. Mr. Lee Goldin, 8570 Wilshire Boulevard, Beverly Hills, California, addressed the Council, inquirin~ about the need for this Ordinance, with reference to inspections on the private streets, and asking if the City intends to maintain such streets. The City ManaRer advised Mr. Goldin that the City will not maintain the private streets, but provision must be made for their inspection. It was moved by Councilman Kanel~ seconded by Councilman Gorzeman~ and unanimously carried, to adopt Ordinance No. 208. The follOwin~ Poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORDINANCE RE: AMENDMENT TO SUBDIVISION ORDINANCE RE: DELETION OF REQUIREMENT OF CERTAIN LABOR ~ND MATERIALS BONDS: The City Manager stated that the Cft~ no longer requires labor and materials bonds for subdivisionst and recommended adoption of an ordinance amending the Subdivision Ordinance concerning this matter, It was moved by Councilman Gorzemant seconded by Councilman Wright, and unanimously carried, the followin~ Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE~ TO PROVIDE FOR DELETION OF THE REQUIREMENT OF CERTAIN LABOR AND MATERIALS BONDS. May 25,196~ It was moved by Councilman Kanel, seconded by Councilman UcCarney, and unanimously carried, this Ordinance pass its first reading. The followin~ roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Corzeman, Kanel, ~cCarney, Wright and Noe None None ORAL COMMUNICATIONS: Mr. Richard Nuston, owner of the property at 5552 Lincoln Avenue, Cypress, addressed the Council concerning the City's protest to his application for an on-sale beer license at the above location. The City Manager stated that the protest was made by the City on the basis of the proximity of the proposed establishment to a church and a nursery school and inadequate parking facilities. Mr, Huston pointed out that the church officials had been contacted by the Alcoholic Beverage Control Board, but did not file a protest to the application, After considerable discussion, it was moved by Councilman Gorzeman and seconded by Councilman Wright, to rescind the City's protest sent to the Alcoholic Beverage Control Board due to the fact that the church and nursery school did not protest the application and the fact that adequate parking is available. Prior to voting on the motion~ discussion was held concerning this matter. Councilman Kanel stated that it is his opinion that the City should maintain its protest since the proposed location for the requested establishment is located close to a church and school, Councilman Corzeman inquired of the Chief of Police concerning the effect this on-sale beer establishment would have upon the church. Chief Foster stated that this would be difficult to determine at this time. The following roll call vote was taken on Councilman Gorzeman's motion to withdraw the City's protest to Mr. Huston's application for an on-sale beer license. AYES: 2 COUNCILMEN: Gorzeman and Wright NOES: 2 COUNCILMEN: Kanel and McCarney ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Noe Due to a lack of a majority of the Council voting in the affirmative, the motion failed to carry, Councilman Kanel stated that he would like to have the staff make a study concerning the establishments selling alcoholic beverages along Lincoln Avenue, After discussion, it was:moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to direct the staff to make a study and recommendation to the City Council concerning stronger controls on the selling of alcoholic beverages in the commercial zones of the city, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright and Noe None None Ur. Pete Van Rutten, 9432 South Bloomfield, Cypress, addressed the Council concerning various drainage questions. Mayor Noe advised him to confer with the Public Works Director concerning this matter. ADJOURNMENT: There being no further business to come before the Council, the M~yor declared the meeting adjourned at the hour of 9:45 p.m. ATTEST: MAYOR May 25, 1964