Minutes 64-06-08INDEXED
MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
June 8, 196q
The City Council of the City of Cypress held a regular meeting on June 8,
196~, in the City Council Chan~Ders~ 9~71 South Walker Street~ CypresS~
California at ?:30 P.M., Mayor Frank P. Noe presiding.
PRESENT:
ABSENT:
Gorzeman, Kanel, McCarney, Wright and Noe
None
Also present were City Manager/City Clerk Dartell Essex; City Attorney
H. Rodget Howell; Public Works Director Harold Neu; Secretary of the
Planning Commission Dartell Dalton and Police Lieutenant Robert Murray.
MINUTES:
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, the minutes of May 25~ 1954 be approved as mailed.
ORAL COMMUNICATIONS:
Mr. A. E. Arnold, General Manager of the Cypress Park and Recreation
District, addressed the Council, and read into the record a communication,
now filed in the office of thb City Clerk, from 17 community organizations
supporting the General Park and Recreation Plan presented at the Park
District's May 28,196~ meeting~ with particular reference to a 15-acre
park site proposed between Valley View and Graham, north of Ball.
Mr. Arnold presented a rendering of the proposed park site which is
located adz acent to two elementary schools and a high school.
Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council
concerning the possibility of erecting a library at the proposed City park
site at Moody and Myra. The City Manager advised Mr. Doerr that the City has
not been in a position to submit a library proposal; however, the County
Board of Supervisors will consider two proposals for library construction
at their June 9th meeting.
Mr. Ray Gandola, 9591 Denni Street, Cypress, addressed the Council concerning
the 1964 weed abatement program, stating that his property was disced but
was not posted.
The City Manager advised that all properties listed on the weed abatement
lists were posted as required by law. The Public Works Director informed
Mr. Gandola that evidence had been found of posting of his property.
The City Manager informed the Council that the Public Hearing for
consideration of weed abatement program charges will be held in the near
future.
Mrs. Frank Cardoza, 9391 Grindlay, Cypress, addressed The Council, stating that
the notices posted on the property did not set forth any time period for
cleaning of the property. Mrs. Cardoza suggested that the City send
notices through the mail to the property owners involved in the weed
abatement program. She also indicated that her ten acres of pasture land
were posted for weed abatement.
Mrs. Bernice Brown, owner of property on Walker Street, addressed the Council,
stating that the notices on her property gave no time limit for cleaning of
the property.
Mr. Pete Van Ruiten, 9432 South Bloomfield, Cypress, addressed the Council
stating that at the Council Meeting of May 25th he had indicated that the
City should not have the same type of weed abatement program as last year.
June 8~ 196~
Mr. A. E. Arnold, 5~41 Bishop Street, Cypress, addressed the Council stating
that he feels the farms should not be declared a nuisance, but only those
areas which are sold and ready for development.
Mr. Fred Duffym 9787 Rome Street, Cypress, addressed the Council, concerning
the contractor doing the weed abatement program, asking if it was an outside
organization. Mayor Noe advised Mr. Duffy that the City advertised for bids
on the program and the contract was awarded to the low bidder.
Mr. Van Ruiten again addressed the Council, directing statements to the City
Attorney concerning the removal of weeds from his property.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, to consider the protests voiced against the weed abatement program
as the first item on the agenda.
CONSIDERATION OF 1964 WEED ABATEMENT PROGRAM COMPLAINTS:
Mr. A. E. Arnold, 5~41 Bishop, Cypress, addressed the Council, stating that
he would appreciate any help the Council could give to the individuals
protesting the methods used in the weed abatement program, and suggested
that the weed abatement contractor be given more thorough instructions from
the City.
Councilman Gorzeman inquired concerning the next scheduled public hearing
on the weed abatement program. The City Manager advised that the next
public hearing on this program would be on July 13,196~.
Mr. Frank Visca, 5782 Lime Avenue, addressed the Council concerning the
status of the weed abatement program, as to whether the contractor is
considered as an independent contractor or an employee of th~ City.
The Public Works Director stated that once the contract is awarded, the
City is limited in its actions on the abatement program.
Mr. Van Ruiten addressed the Council, asking if the contractors are allowed
to remove items of debris other than weeds. He was advised that this was
allowed.
Councilman McCarney stated that he feels the City, in the future, should
follow the policy of notifying by mail all individuals whose property is
posted and indicate the dates duping which the property owner may clean his
own property.
The City Attorney suggested that the Public Works Director be directed to
notify the contractor to be more careful in going onto property, and when
in doubt check with the Public Works Department.
The City Manager requested those individuals present at the meeting to
contact the Public Works Director to insure that their pasture land is
not disced.
Mr. Robert Doerr addressed the Council, asking if the weed abatement program
also applied to residential areas. The City Manager advised him that it
covers all areas in the City.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, ~he City, in the future, supplement the posting of
property with a letter of notice indicating the date that the weeds on the
property must be abated, The following roll call vo~e was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright & Noe
None
None
June 8, 196~
After further discussion, it was moved by Councilman Gorzeman, seconded by
Councilman Wright, and unanimously carried to refer the complaints
concerning the Weed Abatement Program to the Public Works Director and City
Manager for investigation and report at the public hearing to be conducted
on July 13th, and to send notices of the next public hearing by mail to
those individuals who have protested the weed abatement program. The following
roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright & Noe
Non e
None
PUBLIC HEARING RE: ZONE CHANGE Z-lll; (GORZEMAN AND BROWN):
The Mayor announced this was the time and place for the public hearing to
consider an application for amendment to the Zoning Ordinance to change
the zone from R-1 (One-Family Residential) to PD (Planned Development)
on property generally located at the northeast corner of Ball Road and
Walker Street, requested by Peter D. and Barbara Ann Gorzeman, and Edwin
Frank and Bernice McKell Bro~r~, known ~B Zone Change No. Z-111.
COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE
PODIUM.
The City Manager read in full Planning Commission Resolution No. 173
recommending approval of Zone Change No. Z-111.
The Mayor declared the public hearing open and asked if anyone in the
audience wished to speak for or against the proposed use.
Mrs. Bernice Brown, 1134 West Greendale Street, West Covina, addressed the
Council, speaking in favor of the request and read a letter from Mr. B~own
and herself listing many reasons why the zone change would be of bene~it
to the City. Mrs. Brown asked that the letter be made a part of the official
file of the zone change. Mrs. Brown also read excerpts from the 1927
Directory to the City of Cypress published by the Chamber of Commerce
concerning the City of Cypress.
Mr. Richard Owen, Secretary-Treasurer of Stardust Lands, Inc., addressed the
Council, speaking in favor of the proposed change of zone, stating that
it would assist the shopping center proposed to be located on property owned
by his company directly across the street from the subject property.
Mr. Edward Van Vleet, General Manager of the Southern California area of
Volk-McLain, proposed developer of the subject property, addressed the Council,
speaking in favor of the proposed zone change.
There being no written communications and no oral protests, the Mayor
declared the public hearing closed.
Councilmen McCarney and Kanel expressed a desire to continue this matter
for further study.
Mr. Peter D. Gorzeman, 9922 South Walker Street, Cypress, addressed the
Council as one of the applicants, requesting that a decision be made on
the zoning at this meeting.
The City Attorney advised the Council that it~annot grant or deny zoning
requests based on what other governmental agencies w~nt to do with the
property, such as the Park District in this case.
Mr. Paul Caruso, representing the applicant, addressed the Council stating
that there is a time schedule involved in the sale of the subject property
and that the property in question could be acquired through condemnation
for park purposes at any time.
June 8, 1964
After discussion, it was moved by Councilman Wright and seconded by Mayor
Noe to read by title only an ordinance approving Zone Change No. Z-111.
The following roll call vote was taken:
AYES: 2 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Wright and Noe
Kanel and McCarney
Gorzeman
Due to a lack of the majority voting in the affirmative, the motion failed
tO carry,
It was moved by Councilman Kanel and seconded by Councilman McCarney to
continue this zone change request until the next reBular City Council meeting.
The following roll call vote was taken:
AYES: 2 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel and McCarney
Wright and Noe
Gorzeman
Due to a lack of the majority voting in favor, this motion failed to carry.
Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, asking
why the Council was delaging this matter since the development appears to be
of a good quality,
It was moved by Councilman Kanel, seconded by Councilman McCarney, and
unanimously carried, to continue this matter until the end of the agenda.
COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-166~ LARWIN COMPANY:
The Mayor announced this was the time and place for the public hearing to
consider an application for Conditional Use Permit to allow the building of
an integrated community providing residential and commercial service centers
on property generally bounded by Carbon Creek Channel, Denni Street, Orange
Avenue and Bloomfield Avenue, requested by Larwin Company, 8670 Wilshire
Boulevard, Beverly Hills ~ California, known as Conditional Use Permit No. C-166.
The City Manager reviewed Planning Commission Resolution No. 174 recommending
approval of Conditional Use Permit No. C-166.
The Mayor declared the public hearing open and asked if anyone in the audience
wished to speak for or against the proposed conditional use permit.
Mr. Lee Goldin, representing the LaPwin Company, addressed the Council, speakln~
in favor of the conditional use permit.
Mr. Peter Van Ruiten, 9432 South Bloomfield, Cypress, addressed the Council,
inquiring about the drainage in the Planned Development area.
The City Manager advised Mr. Van Ruiten that adequate drainage would be provided.
There being no written communications and no oral protests, the Mayor
declared the public hearing closed.
After discussion, it was moved by Councilman Gorzeman, seconded by Councilman
McCarney~ and unanimously carried~ to approve Conditional Use Permit No. C-166
subject to the following conditons:
1. That all uses in the C-1 Zone be permitted in the commercial
area and C-2 uses as approved by the Planning Commission.
That all previous conditions outlined for Conditional Use Permit
No. C-156 regarding parking, distance between buildings, recreation
facilities, and all other conditions specified in approval of
that permit, except the nutabet of units~ be complied with.
June 8, 1964
3. That the nun~oer of units in Section 1 may be increased to 888
and the number of units in Section 2 shall be decreased to 483.
4. Water shall be provided by the City of Cypress unless the
water ordinance is repealed.
5. The building design for all commercial buildings shall be
approved by the Architectural Committee.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
AUDIT REPORT FOR QUARTER ENDING MARCH 31, 1964:
The City Manager presented the Audit Report for the quarter ending March 31,
1964 as submitted by City Auditors Diehl, Evans and Company.
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and'
unanimously carried, this Audit Report be received and filed. The following
roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
C~rzeman, Kanel, McCarney, Wright and Noe
None
None
TENTATIVE TRACT MAP NO. 5553; LARWIN COMPRNY:
The City Manager stated that this Tract Map had been continued from the last
City Council meeting due to drainage problems and to date these problems
have not been sol~ed.
Mr. Lee Goldin~ representing the Larwin Company, addressed the Council,
requesting that Tentative Tract Map No. 5553 be continued until the next
regular City Council meeting.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried to continue consideration of Tentative Tract Map No. 5553
until the regular meeting of June 22, 1964.
TENTATIVE TRACT MAP NO. 5558; ROBERT H. GRANT g COMPANY:
Mr. Richard OwenI representing the Robert H. Grant ~ Companyt addressed the
Council~ requesting that Tentative Tract Map No. 5558 be continued until the
next regular City Council meeting.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to continue consideration of Tentative Tract Map No. 5558
until the regular meeting of June 22,196~.
SMALL SUBDIVISION PERMIT NO. 5; SOUTHERN CALIFORNIA EDISON COMPANY:
The City Manager presented a report from the Planning Commission Secretary
dated June g, 1964, concerning Small Subdivision Permit No. 5 to subdivide
.7 acre into two(2) lots located on the northeast corner of Valley View and
Ball Road, as requested by the Southern California Edison Company.
Mr. Jack McFadden, representing the Southern California Edison Company~ addressed
the Council~ offering to answer any questions concerning the requested permit.
June 8, 196~
Following discussion concerning the proposed permit, it was moved by
Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried
to approve Small Subdivision Permit No. 5 subject to the following conditions:
1. That all street improvements be installed on Valley View
and Ball Road
2. That all structures on proposed property lines shall be
demolished.
3. Drainage fees shall be paid and all drainage shall be provided
to the satisfaction of the City Engineer.
That the map shall be recorded in the County Recorder's office
with the dimensions as submitted on the preliminary map.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
REPORT FROM CITY ENGINEER RE: CYPRESS NO. 2 LIGHTING DISTRICT:
The City Manager presented a report dated June 3m 196~, from the City Engineer
stating that a nundDer of subdivisions which have been accepted by the City
are not in a Lighting District.
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, the following R~solution be adopted, title as follows:
RESOLUTION NO. U80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESSm COUNTY OF
ORANGEm STATE OF CALIFORNIAm ORDERING THE CITY ENGINEER TO PREPARE
AN ASSESSMENTm DIAGRAMm PLANSm SPECIFICATIONSm ESTIMATE AND REPORTm
P[JRSU~NT TO THE 'PRSV[~IDNS:OF DIVISION 1~, PART lm STREETS AND HIGH-
WAYS CODEm STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET
LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF
ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM
IN SAID CITY FOR A PERIOD OF SEVENTEEN (17) YEARS AND THREE (3)
MONTHS BEGINNING OCTOBER 1m 196~ AND ENDING JANUARY 1~ 1982m
WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2
LIC~TING DISTRICT.
The folldwing roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
REPORT FROM CITY ENGINEER RE: 195~-65 BUDGET FOR STATE GASiTAX CONSTRUCTION
FUNDS AND STATE GAS TAX ENGINEERING FUNDS:
The City Manager presented a report dated June 5, 1964, from the City
Engineer setting forth the proposed 196~-65 budget for State Gas Tax
construction funds and State Gas Tax Engineering Funds.
It was moved by Councilman Wright, seconded by Councilman McCarney,
and unani~usly carried the following Resolution be adopted, title as follows:
RESOLUTION NO. ~81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING
AND SUBMITTING A BUDGET FOR EXPENDITURE OF STATE ALLOCATED
(ENGINEERING) FUNDS
June 8, 196~
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
It was moved by Councilman Kanel, seconded by Councilman Wright, and
unanimously carried, the following resoultion be adopted, title as follows:
RESOLUTION NO. 482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING
AND SUBMITTING A BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM
THE STATE HIGHWAY FUND TO CITIES.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and N~e
None
None
APPLICATIONS FOR FIREWORKS STAND PERMITS:
A report dated June 5, 1964, was presented from the City Manager stating
that applications for fireworks stand permits have been received from the
following organizations:
1. Boy Scout Troop No. 39 - Located on All American Market
parking lot at the northwest comer of Holder and Ball.
2. Manuel Coelho - Located at the southwest corner of Lincoln and Denni.
3. Pan American Youth Band and Diplomat Drum and Bugle Corps -
Located on the southeast corner of Lincoln and Bloomfield.
All of the applications have been submitted wi~h the Certificate of
Insurance and a clean-up bond as required by City Ordinance.
It was n~ved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried to grant fireworks stand permits to the above organizations
with the condition that all necessary electrical and building permits be
obtained from the City and that the final location of the stands be subject
to approval by the City Staff. The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: ~ COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
ACCEPTANCE OF DEED FROM SOUTHERN CALIFORNIA E DISON COMPANY:
A report dated June 5, 1964, was presented from the City Manager stating that
the City has received a deed from the Southern California Edison Company
for the required right-of-way adjacent to the Edison Company pumpihg plant
at the southeast comer of Moody and Orange.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman,
and unanimously carried to accept the deed from the Southern California
Edison Company and authorize the City Clerk to forward it to the County
for recerdation. The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
June 8, 1964
APPROVAL OF BRIDGE CONSTRUCTION PLANS--WALKER, MOODY~ AND DENNI STREET BRIDGES:
A report dated June 5,196~, was presented from the City Manager stating
that the Orange County Flood Control District has completed plans and
specifications for the widening of the ~alker and Moody Street Bridges and
for the construction of the new bridge at Denni Street. The specifications
establish receiving bids on July 13,196~, at 2:00 P. M. and provide 120
calendar days for completion of the work. On this basis, the work should be
completed on or before November 2~, 196~.
After discussion, it was moved by Councilman Wright, seconded by Councilman
Kanel~ and unanimously carried to approve the plans and specifications
for the bridge construction over the Carbon Creek Channel at Walker Street,
Moody Street, and Denni Street prepared by the Orange County Flood Control
District, and further authorize the Orange County Flood Control District
to proceed to advertise for bids. The following Poll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
RENEWAL OF CITY INSURANCE POLICY AND APPOINTMENT OF BROKER OF RECORD:
A report dated June 5, 1964, was presented form the City Manager cOncerning
renewal of the City's insuPmnce coverage. The report outlined the new Public
Entity form of insurance provided by the Pacific Indemnity Company, which
provides broader coverage.
After discussion, it was moved by Councilman Kanel, seconded by Councilman
McCarney, and unanimously carried to renew the appointment of Mr. Harold
Mort as the Broker of Record for the City of Cypress for a period of
five years, and further authorize the renewal of insurance coverage under the
new PUblic Entity Liability Policy with Pacific Indemnity Company for a
five year period with provision for annual payment and premium negotiations,
and further authorize the Broker of Record to renew all bonds and coverages
now in force with this agency. The folle~ing roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
CERTIFICATION OF EMPLOYMENT LIST FOR ENGINEERING AIDE:
A report dated June 4,196~, was presented from the City Manager, setting forth
the results of the examination for the position of Engineering Aide.
It was moved by Councilman Kanel, seconded by Councilman Wright, and
unanimously carried, to certify the Engineering Aide Employment Li~t as
submitted. The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
SECOND READING ORDINANCE RE: AMENDMENT TO SUBDIVISION ORDINANCE ON DELETION
OF REQUIREMENT OF CERTAIN LABOR AND MATERIALS BONDS:
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be adopted~ title as follows:
ORDINANCE N0. 209
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
June 8, 1964
The foll&~g roll call vote was taken:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-110 (CITY OF CYPRESS):
It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and
unanimously carried, the following Ordinance be adopted, title as follows:
ORDINANCE NO. 210
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)
The following roll call vote was taken:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RESOLUTION CANCELLING WARRANT NO. 9050:
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, the following ResolutiSn be adopted, title as follows:
RESOLUTION NO. 483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
CANCELLING WARRANT 9050
The following roll call vote was taken:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9067 THRU 9105 (PAYROLL):
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, the following Resolution be adopted, title as follows:
RESOLUTION NO. 484
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS
AND DEMANDS NOS. 9067 THRU 9105
The following roll call vote was taken:
AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9106 THRU 9156 (COMMERCIAL WARRANTS:)
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, the following Resolution be adopted, title as follows:
RESOLUTION NO. 485
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS
AND DEMANDS NOS. 9105 THRU 9158
June 8, 1964
The following Poll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, W~ight and Noe
None
None
IT was moved by Councilman Kanel~ seconded by Councilman Gorzeman~ and
unanimously carried~ a recess be called for ten minutes at The hour of 9:25 p.m.
Mayor Noe called The meeting back to order at 9:35 p.m.~ all City Council
members being present.
REPORT FROM COUNCILMAN KANEL RE: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS:
Councilman Kanel reported to The City Council That The Orange County League
Executive Committee had studied and discussed The formation of a new
organization known as The Southern California Association of Governments.
Councilman Kanel explained The purpose of this organization and requested the
City Council To express its desire concerning possible City membership.
After discussion, it was moved by Councilman McCarney, seconded by
Councilman Gorzeman, and unanimously carried, the City of Cypress indicate
a desire to the Orange County League of Cities to join The Southern California
AssocaTion of Governments.
REQUEST FROM CITY MANAGER FOR ANNUAL VACATION LEAVE:
The City Manager presented a request for his annual vacation leave from
June 26 Through July 10, 1954.
It was moved by~ouncilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried To approve the City Manager's request.
AUTHORIZATION TO ATTEND CALIFORNIA INDUSTRIAL DEVELOPMENT CONFERENCE:
The City Manager presented a communication from the League of California
Cities dated May 15, 1964, concerning the California Industrial Development
Conference To be held at the Ambassador Hotel in Los Angeles on June 11-12, 1964.
The City Manager requested that a representative of The City be authorized To
attend This conference.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried to autheeize a representative of The City To attend the
California Industrial Development Conference in Los Angeles On June 11-12,196~.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 - COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
REQUEST FROM ORANGE COUNTY FAIR RE: ADVERTISEMENT IN FAIR BROCHURE:
The City Manager presented a request form the Orange County Fair Organization
for City participation in The Orange County Fair Brochure.
It was moved by Counilman McCarney~ seconded by Councilman Gorzeman, and
unanimously carried, this request be received and filed.
REQUEST FROM HERRLD EXAMINER NEWSPAPER RE: CITY PARTICIPATION IN ANNIVERSARY
EDITION~
The City Manager presented a request form the Herald Examiner newspaper
for City participation in an anniversary edition of The newspaper.
IT was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, this request be received and filed.
DISTRIBUTION OF PROPOSED ORDINANCE RE: HOTEL ROOM TAX:
The City Manager distributed to The members of the City Council, copies of a
proposed Ordinance imposin~ a tax upon the privilege of transient occupancy and
providing for The collection Thereof.
June 8, 1964
The City Manager ad~}Sed the Council that there was evidence that unless
the cities throughout the State enacted this legislation, the State may
use this taxing money for State revenue. The City Mana[er suggested tha~the
City Council review the proposed ordinance for consideration at the next regular
City Council meeting.
RECONSIDERATION OF ZONE CHANGE NO. Z-ill (GORZEMAN AND BROWN):
The Mayor announced that Zone Change No. Z-111, requested by Peter D. and
Barbara Ann~rzeman and Edwin Frank and Bernice McKell Brown would be
reconsidered at this time as directed earlier in the meeting~
COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON
THE PODIUM.
Councilman Kanel inquired of the City Manager concerning his recommendation
on Zone Change No. Z-111. The City Manager advised the Council that the
staff recommendation to the Planning Commission was for approval and this
recommendation would still apply.
Councilman Kanel indicated that he would still prefer to see this
item continued until the next regular meeting in order to allow time for
further study on the matter.
Mr. Peter D. Gorzeman, applicant, addressed the Council, explaining the time
limits involved.
Mr. Paul Caruso, representing the applicant, addressed the Council, stating
that'the Volk-McLain Company, proposed developers of the subject property,
would be willing to meet with the Park Department concerning the subject
area. He pointed out that if the PD zone were granted, the Council would
still have control over the property through a Conditional Use Permit. Mr.
Caruso also pointed out With reference to severance damages, that if the
~olk~McLain Company purchased the property there would be no severance damages.
City Attorney H. Rodget Howell explained the court case of Kissinger vs.
The City of Los Angeles, which held that it is improper for a governmental
agency to zone or attempt to zone property based on the desires of governmental
agencies. Mr. Howell further indicated that he would agree with Mr. Caruso
that the severance damages would not be increased if the zone were changed.
It was moved by Councilman Kanel, seconded by Councilman Wright, and
unanimously carried, the following Ordinace be read by title only, title
as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 90, THE ZONIM~ ORDIN~E, BY CHANGING THE ZONE OF A
CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY
RESIDENTIAL) TO PD (PLANNED DEVELOPMENT), ZONE CHANGE NO, Z-ill,
~GORZEMAN AND BROWN)
It was moved by Councilman Wright, seconded by Councilman Kanel t~is ordinance
pass its first reading. Prior to voting on this motion Councilman Kanel
requested that The records show that the City Attorney stated that approval
of this zone change would not increase the severance damage cost if the
Park District were to acquire a portion of this property.
The following Poll call vote was taken on Councilman Wright's motion:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright and Noe
None
Gorzeman
June 8, 1984
COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM.
AGREEMENT WITH SOUTHERN CALIFORNIA WATER COMPANY RE: SETTLEMENT OF PENDING
LITIGATION AGAINST CITY:
The City Manager presented an agreement from the Southern California Water
Company dated June 1, 1964~ concerning settlement proposals for the pending
litigation against the City of Cypress.
The City Manager reviewed the terms of this agreement and pointed out that the
cash settlement portion of the agreement does exceed the expenses that the
City has incurred by going into the water business.
After discussion, it was moved by Councilman Gorzeman, seconded by Councilman
Wright, and unanimously carried to approve the Agreement with the Southern
California Water Company dated June 1, 1964, and authorize the Mayor to
sign and the Ci~ Clerk to attest the agreement subject to approval of form
by the City Attorney. The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman~ Kanel. McCarney~ WrigFf and Noe
None
None
Mr. Pete Van Ruiten ~ 9~32 South Bloomfield, Cypress, addressed the Council~
asking if this agreement would effect the privately-o~med water wells in the
City. The City Attorney advised Mr. Van Ruiten that the pr~ate water companies
would not be compelled to take water from the Southern Califomia Water Company.
AGREEMENT WITH ROBERT H. GRANT AND COMPANY RE: SETTLEMENT OF PENDING LITIGATION
AGAINST CITY RE: WATER SYSTEM:
The City Manager presented a proposed agreement between the Robert H. Grant
Company and the City of Cypress resolving pending dispute and litigation
concerning the City's water system.
The City Attorney reviewed the terms of the agreement. It was moved by
Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried,
to approve the Agreement between the City and the Robert H. Grant Company~
and authorize the Mayor to sign and the City Clerk to attest the agreement
subject to approval of form by the City Attorney. The following roll call
vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney~ Wright and Noe
None
None
MEMORANDUM OF UNgERSTANDING BETWEEN THE CITY AND THE LARWIN COMPANY RE:
PENDING LITIGATION AGAINST THE CITY:
The City Manager ~resented a proposed Memorandum of Understanding between
the City of Cypress and the Larwin Company and outlined the terms of the
document.
Considerable discussi6n was held concerning Condition No. 1 in reference
to bridge construction contributions.
It was moved by Councilman Kanel, seconded by Councilman McCarney, and
unanimously carried, to approve the Memorandum of Understanding between
the Larwin Company and the City of Cypress, and authorize the Mayor to
sign and City Clerk to attest the agreement subject to approval as to form
by the City Attorney. The following roll call vote was taken:
AYES: 5 ~OUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
June 8, 1964
ORAL COMMUNICATIONS:
Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council,
asking if the City would be in a position to approadh the Board of
Supervisors concerning building a library on the property to be contributed
by the Larwin Company to the City at the corner of Moody and Myra,
The City Manager advised that the Board of!Supervisors is considering two
proposals for a library site in the City at their meeting to be held on
June 9, 1964.
Mr. Robert Doerr~ 5207 Cumberland Drive, ~ypress, addressed the Council~
requesting the City to proceed with this matter.
Considerable discussion was held concerning the possiblity of the City
submitting a proposal for a library site and building to the County. The
City Manager indicated to the City Council that with the approval of the
water agreements, the City would be in a position to offer a proposal for
construction of a library building on the property located on the southwest
corner of Moody and Myra. The funds for the ~uilding could be taken from the
reserve for capital improvements, which is estimated to be approximately
$200,000 as of June 30~ 1964. In addition to this surplus, there will be
additional monies available from the water agreements.
The City Manager further stated that if the City Council determined to
proceed with this matter, it would be feasible for the City to convert .t
the library building into a community recreational facility at the expiration
of the normal ten-year County library lease.
Mr. Lee Goldin, representing the Larwin Company, addressed the Council and stated
that the County~ in the past, had approached the Larwin Company
regarding the availability of property at Moody and Myra for a library site
and that County feasibility studies had indicated that this location was
satisfactory for a library. Mr. Goldin furSher stated that although the
property was dedicated for park and recreation purposes~ the Larwin Company
would have no objection to use of this property for a library site.
After considerable discussion~ it was moved by Councilman Gorzeman, seconded
by Councilman Wright~ and unanimously carried the following Resolution be
adopted, title as follows:
RESOLUTION NO. 486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING
THE ORANGE COUNTY BOARD OF SUPERVISORS TO ALLOW THE CITY AN OPPORTUNITY
TO SUBMIT A PROPOSAL FOR CONSTRUCTION OF A BRANCH LIBRARY IN THE
CITY OF CYPRESS.
The following roll call vote wa~ taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney~ Wright and Noe
None
None
The City Manager advised the Council that this matter would be presented to
the Board of Supervisors at their meeting on June 9, 1964.
Mr. Wayne Worley, 6412 Orange Avenue, Cypress addressed the Council, stating
that the City Council had authorized a $45.00 refund to him for overpayment
on a small subdivision permit feeJ howeverJ he had not received the refund.
The City Manager advised him that this refund would be made at the next
City Council meeting.
June 8~ 1964
MP. Worley also advised the Council, that as a Planning Commissioner he
would be out of the State for a short period of time, and inquiPed if
official notice to the Council was necessary. The City AttoPney stated that
official notice of leaving the state is not necessaPy fop appointed
officials of the City.
Mr. Carl de Piertog 10301 Sande Street~ Cypress, addressed the Council
inquiring if seven individuals on the Cypress Planning Commission are
necessaPy. Mayor Noe indicated to Mr. de Pietro that the staff is
making a study on this matter.
ADJOURNMENT:
There being no fuPther business to come before the Council~ the Mayor
declared the meeting adjourned at the hour of 10:~5 P. M.
MAYOR
ATTEST:
June 8g