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Minutes 64-06-22~JDEXEO MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD J~ne 22, 1964 The City Council of the City of Cypress held a regular meetin~ on June 22~ 1964~ in the City Council Chambers, 9471 South Walker Street, Cypress, California, at 7:33 p.m., Mayor Frank P. Noe presiding. PRESENT: Gorzeman, Kanel, McCarney~ and Noe ABSENT: Wright Also present were City Manager/City Clerk Darrell Essex; City Attorneys H. Rod~er Howell and James Erickson; Public Works Director Harold Neu; Secretary of the Planning Commission Darrell Dalton; and Acting Polim Chief Robert Murray. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the minutes of June 8,196~, be approved as ~iled. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, th~ minutes of the special meeting of June 15, 1964, be approved as mailed. ORAL COMMUNICATIONS: There Were no opal communications at this time. PUBLIC HEARING RE: ZONE CHANGE NO. Z-109; (SHERMAN R. WHITMORE): The Mayor annou~eed 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-4 (High Density Multiple-Family) to R-1 (One-Family Residential) on property generally located 660' south of Lincoln on the east side of Moody Street requested by Sherman R. Whitmore, P. O. Box 756, Costa Mesam California~ known as Zone Change Z-109. The City Manager informed the Council that the Planning Commission had recommended denial of this zone change. The City Manager further indicated that Mr. Whitmore, applicant, had requested this matter be continued until the meeting of July 13, 1964. The Mayor declared public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Samuel Wilcox, 90~1 Moody Street, Cypress, addressed the Council~ indicating that he had spoken in opposition to this Zone Change at a previous public hearing on the matter. Mr. Wilcox requested that the zoning remain as suggested in the Master Plan of Land Use. Mr. Joseph H. Toohey, 90gl MOody Street, Cypress, addressed the Council, and prese~ed a petition signed by individuals opposed to Zone Change No. Z-109. After a brief discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried~ to continue the public hearing on Zone Change No. Z-109 until the regular meeting of July 13, 1964. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright / June 22, 1964 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-172 (GORZEMAN AND BROWN): The Mayor announced this was the time and place to consider an application for Conditional Use Permit to allow the construction of a ~planned development containing residential and commercial units on property generally located on the northeast corner of Ball Road and Walker Street, requested by Peter D. and Barbara Ann.Gorzeman, 9922 Walker Street~ Cypress, and Edwin Frank and Bernice McKell Brown, 1134 West Greendale Street, West Covina, California, known as Conditional Use Permit No. C-172. COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM. The City Manager presented Planning Commission ResolUtion No. 177 recommending approval of th~ Conditional Use Permit and read all of the conditions recommedded. 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 B~emn, applicant, addressed the Council, speaking in favor of the proposed use, and listed numerous reasons why the use w~uld be beneficial to the City. There being no written communications and no oral protests, the Mayor declared the public hearing closed. The City Manager read in full a communication dated June 20, 1964, from Mr. Kenneth Q. Volk, Jr., proposed developer of the subject property, stating that his company would like to proceed with the development as plan~ed; however, they are willing to discuss the acquisition of a portion of the property by the Park District if they ape prepared to purchase it. Councilman Kanel stated that he felt Condition No. 9 should be reworded to allow for Council approval of any C-2 uses in the subject area. Councilman Kanel inquired if the developer had met with the Park District officials concerning the subject area. Mr. Paul Caruso. representing the applicant, addressed the Council, stating that he had met with the Cypress Park District Director and with an official from the County Right- of-way Department. Following discussion, it was moved by Councilman McCarney, and seconded by Mayor Noe to approve Conditional Use Permit No. C-172 subject to the following conditions: 1. That all buildings shall be a minimum of 15' from the street. All buildings be at least 30' apart when facing front to front 15' apart from side to side, and 25' apart from side to frontZ IAll private drives shall be constructed with either a valley gutter or curb depending upon the determination of th~ City Engineer. All drives shall be paved with a minimum of 2" of asphaltic concrete and 4" of base, unless greater thickness is required due to the soil conditions, by the City Engineer. 5. The swimming pool shall contain not less than 1500 sq. ft. and the wading pool not less than 300 sq. ft. Carports shall be permitted and there shall not be less than two per unit. Total parking shall be not less than 2.5 spaces per unit including on-site and off-site. June 22, 1964 101 7. All landscaping plans shall be approved by the staff. 8. All elevations of buildings shall be approved by the staff. 9. C-1 uses shall be permitted in the commercial area and any C-2 uses shall be recommended by the Planning Commission subject torthe approval of the City Council. 10. The Architectural Committee shall approve all elevations of the commercial buildings. 11. Conditions, Covenants, & Restrictions shall be approved by the staff before issuance of the Certificates of Occupance. 12. All drainage fees shall be paid and all drainage provided to the satisfaction of the City Engineer. 13. Water shall be provided by the City of Cypress, unless the water ordinance is repealed. 14. The Use Permit will not become e~fective until the PD zoneis in effect. After further discussion, it was moved by Councilman Kanel, seconded by Councilman McCarneyI and unanimously carried, to amend the previous motion by adding Condition No. 15 to read as follows: 15. No building permits shall be issued until 45 days following the effective date of the Conditional Use Permit. The following roll AYES: 3 NOES: 0 ABSENT: 2 The following roll approve Conditional AYES: 3 NOES: 0 ABSENT: 2 COUNCILMAN GORZEMAN COMMUNICATION FROM call vote was taken on this amendment: COUNCILMEN: COUNCILMEN: COUNCILMEN: Kanel~ McCarney, and Noe None Gorzeman and Wright call vote was taken on Councilman McCarney's motion to Use Permit No. C-172: COUNCILMEN: COUNCILMEN: COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright RETURNED TO HIS CHAIR ON THE PODIUM STATE DEPARTMENT OF FINANCE RE: CITY POPULATION ESTIMATE: The City Manager presented a communication dated May 29, 1964~ from the State Department of Finance informing th~ City that the estimated population of th~ City of C~press as of April 1~ 1964~ was 11,350. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried~ this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY TAX COLLECTOR RE: PUBLIC AUCTION TO SELL PROPERTY WITHIN THE CITY: The City Manager presented a communication dated June 2, 1964, from the Orange County Tax Collector notifying the City df a public auction to sell a five-foot strip of property located on the north side of Nelson, east Of Walker. It was moved by Councilman Gorzeman, seconded by Councilman McCarneyl and unanimously carried, to authorize the City Manager to notify the Orange County Tax Collector that the City consents to th~ sale of this property. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOne Wright COMMUNICATION FROM ORANGE COUNTY COMMUTERS ASSOCIATION RE: CONTINUATION OF SANTA FE RAILWAY COMMUTER SERVICE: The City Marker presented a communication dated June 10, 1954, from the Orange County Commuters Association requsting t~ City to support a resolution requesting that the Santa Fe Railway Company be directed to continue providing the present commuter service until a more complete study and survey of the transportation needs of the area is developed. ~une 22, 1964 It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. COMMUNICATION FROM NATIONAL MULTIPLE SCLEROSIS SOCIETY RE: 1964 FUND-RAISING CAMPAIGN: The City Manager presented a communication from the National Multiple Sclerosis Society requesting permission to solicit funds in the City of Cypress during the month of August 1964, and requesting that a~y local license fees be waived. The commuiation further requested that the City proclaim the month of August as Multiple Sclerosls M~nth. It was moved by CounCilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the fund-raising campaign of the National Multiple Sclerosis Society during the month of August 1964, waiving,all required license fees, and further recommend that the Mayer proclaim the month of August as Multiple Sclerosis Month. COMMUNICATION FROM ORANGE COUNTY NEWSMAGAZINE RE: CITY PARTICIPATION IN 1964 ORANGE COUNTY YEARBOOK OF BUSINESS AND INDUSTRY: The City Manager presented a communication dated june 17, 1964, from Mr. Worth Bernard. Editor of the Orange County Newma~azine of Life, Business, & IndustryI requesting the City to participate with advertising in the 1964 Orange County Yearbook Directory of Business and Industry. Following a discussion~ning distribution of th&s publication, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously car~d, the City participate in this publication with a one-half page advertisement to be coordinated by the City Manager. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman~ Kanel, McCArney and Noe None Wright COMMUNCIATION FROM ORANGE COUNTY WATER DISTRICT RE: SUPPORT OF H.R. 11395 CONCERNING PACIFIC SOUTHWEST PROJECT ACT: The City Manager presented a communication dated June 18, 1964, from the Metropolitan Water District, requesting that the City of Cypress endorse H.R. 11395 introduced by Cc~gressman ,lames B. Utt, which is identical in nature to Senate Bill No. 2760 which was introduced by Senator Kuchel. It was moved by Councilman Gorzeman, se~nded by Councilman McCarney, and unanimously carried, the City Council s~pport H.R. 11395 and authorize the City Manager to forward letters of support to the various representatives of the City. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COL~qCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright COMMUNICATION FROM ASSEMBLYMAN BOB MONAGAN ~IE: "LET FREEDOM RING" OBSERVANCE OF FOURTH OF JULY: The City Manager presented a communication dated June 20, 1964, from Assemblyman Bob MonaSan, requestin~ that the citizens of Cypress participate in the "let Freedom Ring" observance to be held throughout the nation on July 4th. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, suggesting that the matter be referred to the Cypress Junior Chamber of Commerce. After discussion~ it was moved by Councilman Gorzeman~ seconded by Councilman McCa~ney, and unanimously carried, to urge the citizens of Cypress to participate in the "Iat Freedom ~in~" observance by the rin~ing of bells at 11:00 a.m. on July 4th, and further to refer this matter to the Cypress Junior Chamber of Commerce for their participation in this program. June 22, 1964 COMMUNICATION FROM PRINCIPAL OF DAMRON SCHOOL RE: APPRECIATION TO CITY: The City Manager rea~ in full a communieation dated June 17, 1964, from Mr. Vincent Devaney, Principal of the Charles Lee Damron School, espressing appreciation for City representation at the dedication ceremonies for the DamPon School and for the cooperation given by the City to the first school constructed in the City. It was moved by Councilman Gorzeman, seconded by Councilman Kanel~ and unanimosuly carried~ this commun~ation be received and filed. REQUEST FROM MR. A. G. GARCIA FOR EXTENSION OF USE VARIANCE NO. 117: The City Manager stated that the Cypress Planning Commlssion~ at its meeting of June 18, 1954, had oonsidered a request from Mr. A. G. ~ar~ia to extend Use Variance No. 117 for a period of one year, said permit pertaining to the operation of a fertilizer plant on Mr. Garciats property at 9802 Bloom- field Avenue~ Cypress. The Planning Commission had referred this request to the City Council inasmuch as this matter did not fall under the juris- diction of the Commission. City Attorney James Erickson reviewed the background of Mr. Garcia's request, stating that the use variance was granted when his property was located in an M-1 zone; however, on September 26, 1953, the property was rezoned to R-l, and in the R-1 classification there is no provision for a use permit or a use variance to be granted for the operation of a fertilizer plant. Consequently, Mr. Garcia had been notified to terminate the use of the property as a fertilizer plant off or before June 19, 1954~ Mr. Erickson pointed out thai there were two methods whereby the City Council could allow Mr. Garcia to continue use of the property as a ferti- lizer plant, One method would be to amend the Zoning Ordinance to allow a fertilizer plant to operate in an R-1 zone with a Conditional Use Permlt, and the other would be to change the zone of Mr. Garcia's property to a zone which would allow for the operation of a fertilizer plant throuRh a Use Permit. Mr. John C. Dalton~ 10035 East Flower Street, Bellflowerm California, attorney for Mr. Garcia, addressed the Council, stating that Mr. Garcia's fertilizer plant had been located on the subject property for a period of ten years, and suggested that Mr. Garcia be given twelve months in which to amortize his business investment. Mr. Frank Visca, 5'782 Lime Avenue, Cypress, addressed the Council, stating that the use of the subject property is causing a fly problem in the City, creating health hazards, snd property damage. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, stating that development of the area would be delayed if the fertilizer plant operation were allowed to continue for one year. Mr. Mel Madows, 3511 Farnham Avenue, Long Beach, addressed the Council, stating that he lives very close to the fertilizer operation, and that there is a fly problem created by this operation. Mrs. Bernice Brown, 1134 West Greendale Street, West Covina~ addressed the Council, speaking in favor of Mr. Garcia's use of the subject property. Councilman Gorzeman inquired of the City Manager concerning the fly problem created by the operatibn of the fertilizer plant. The City Manager stated that he had been in contact with the Health Department officials, who stated that the fly problem has been minimal. June 22, 1964 Mr. Authur Anderson, 4312 Jade Street, Cypress, addressed the Council, suggesting that the Council should not amend the Zoning Ordinance each time a hardship is created on an individual. Mr. John Dalton, representing Mr. Garcia, addressed the Council, stating that he feels an extension of time would not delay any other development of the property. Mr. Lee Goldin, representing the Larwin Company~ 8570 Wilshire Blvd., Beverly Hills, addressed the Council concerning development of the subject area, stating that in his opinion continuance of the fertilizer plant would materially affect ~ delay, and impair their adjacent development. Mr. Goldin also emphasized that a change in the Zoning Ordinance to allow the use of a fertilizer plant in ~n R-1 zone through a Use Permit would set an undesirable precedent. Councilman McCarney made a motion to deny the request of Mr. Garcia~ allowing 90 days for the removal of the existing material~ with the provision that no new raw materials be imported and at the end of this 90 day period, the staff be directed to seek legal assistance to terminate the business operation, if it is not removed at that time. Following the discussion, 8ouncilman McCarney withdrew his motion. Mr. A. G. Garcia~ 9802 Bloomfield, Cypress~ addressed the Council as the applicant, and emphasized that stopping importation of raw materials would result in discontinuing certain phases of his operation. Discussion was held concerning Mr. Garcia's acquiring of other land for the operation of his business, and the length of time required for removing the business. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council, inquiring why the trucks hauling the fertilizer are not covered. After considerable discussion, it was moved by Councilman Gorzeman and seconded by Councilman McCarney to direct the staff to serve a notire upon Mr. Garcia, advising him that Use Variance No. U.V. 117 has expired and cannot and will not be renewed; the City Council will allow him six months to remove the operation from the premises, and three months from now the staff is directed to make a progress report to the City Council con- cerning the steps Mr. Garcia has taken to comply with the six month eviction notice. If, at the end of the six month period, Mr. Garcia has not removed the operation from the premises~ appropriate legal action will be taken to cause immediate termination of the use. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Gorzeman and McCarney NOES: 2 COUNCILMEN: Kanel and Noe ABSENT: 1 COUNCILMEN: Wright Following futher discussion concerning the length of time the Council should allow for termination of Mr. Garcia's business and discussion concerning various actions which ~ould be taken by the courts, Mayor Noe declared a five minute recess at 9:47 p.m. The meeting was called back to order at 9:52 p.m., all City Council members being present, with the exception of Councilman Wright. June 22, 1964 105 City Attorney H. Rodger Howell suggested the possibility of the City Council considering action similar to the previous motion, but with the provision that if reasonable diligence to terminate the use is not demon- strated within three months, the City Council would force immediate elimination of the business. Mr. Howell also suggested the possibility of Mr, Garcia posting a $250.00 cash deposit to be used for enforcement of the City Council's request to terminate the use. Mr. John Dalton stated that~ese conditions are acceptable to him and Mr. Garcia~ although it should be qualified that this agreement does not constitute a waiver of rights. Following further discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney~ and unanimously carried, to direct the City Manager to serve a notice upon Mr. Garcia, informing him that Use Variance No. 117 has terminated and is not being extended; therefore he must terminate the present use of the premises as quickly as possible. The City Manager is further authorized and directed to bring appropriate legal proceedings against the applicant to force the termination of such use if, within three n~Dnths from this date~ the applicant has not demonstrated to ~he City Council his intention to terminate such use voluntarily. However, in any event, such legal proceedings are to be brought against the appli- cant if he has not terminated such use of the premises within six months of this date. As a demonstration of the appllcant's good faith and as a condition to the forbearance of immediate legal action, he will deposit immediately with the City $250.00 which will be forfeited to the City if legal action is brought against the applicant or if the use of the premises is not descontinued within the Six months. If~ however, the applicant is not in violation of this motion~ the $250.00 cash deposit will be refunded. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel~ McCarney~ and Noe None Wright Councilman Kanel stated that he voted in the affirmative on the above motion with the understanding that the applicant is going to make an effort to vacate the premises immediately. Councilman Kanel further stated that he feels items of this nature should be brought to the attention of the citizens of the community. Councilman Gorzeman requested the staff to notify any individuals with similar Use Variance problems three months in advance of the expiration of their variance. TENTATIVE TRACT MAP NO. 5553; LARWIN COMPANY: 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 solved, 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 Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of Tentative Tract Map No. 5553 until the regular meeting of July 13, 1964. June 22, 1964 TENTATIVE TRACT MAP NO. 5558; ROBERT H. GRANT AND COMPANY: The City Manager presented Tentative Tract Map No. 5558~ located on the west side of Moody~ 1300' north Orange Avenue, 10.5 acres, 50 lots~ as requested by Robert H. Grant and Company, 1665 South Brookhurst, Anaheim, California, It was pointed out that this Tract Map had also been continued from the last City Council meeting due to drainage problems in the area. Mr. Richard Owen~ representing Stardust Lands, Inc., applicant~ addressed the Council~ requesting the Council to approve the tentative map with the condition that the recordation of the map not be allowed until a satisfactory drainage solution is reached. The City Manager stated that the City has taken the position that the drainage problems in the area should be solved before approving the tentative map. Mr. Owen stated that he is only requesting that the agreement con- cerning drainage be based on a fair share of the drainage fees. City Attorney James Erickson advised the City Council that since the agreement referred to by Mr. Owen is between his Company and another developer~ the City Council should not be concerned with whether or not it is fair or unfair. The decision before the City Council is whether or not potential drainage hazards exist. Discussion was hel~ concerning the possibility of approving the tentative tract map subject to the solution of the drainage problems in Drainage District 2-A. Lee Goldin ~ representing the LaPwin Company, addressed the Council~ concerming the agree~emt as presented to him by the Larwin Company. The City Manager advised the Council that the staff had recommended not approving this map until the drainage problems are worked out due to the fact that a major drainage facility is concerned. Following considerable discussion, Mr. Owen requested continuance of this tentative tract map. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of Tentative Tract Map No. 5558 until the regular meeting of July 13,196~. Mr. Richard Owen stated that he would like to see a solution to this problem. The City Attorney advised that the City should not become in- volved in the negotiations conerning the agreement between the two parties but that the City could act as a third party in a limited sense only. TENTATIVE TRACT MAP NO. 5372; LARWIN COMPANY: The City Manager presented Tentative Tract Map No. 5372, located on the south side of Ball, between Denni and Moody Streets~ north of the flood control channel~ 26 acres, 250 condomlnium lots ~ as requested by the Larwin Company~ 8670 Wilshire BoulevaPd~ Beverly Hills~ CalifOrnia, The City Manager pointed out that this map was also located in Drainage District 2-A. Upon the consent of Mr. Lee Goldin of the Larwin Company~ it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried to contin, consideration of Tentative Tract Map No. 5372 until the regular meeting of July 13, 1964. June 22, 1964 107 TENTATIVE TRACT MAP NO. 5660; SYKES AND MARCUSSON: The City Manager presented Tentative Tract Map No. 5660, located on the south side of Orange Avenue~ 660' west of Valley Viewm 5.02 acresm 25 R-1 lots, as requested by A. C. Sykes and F. G. Marcussonm 15756 Woodruff Avenuem Bellflower, California. Also presented was the Planning Commission's reconwnendation for approval of this tentative tract map. Mr. Vic Edge of Lander Engineeringm addressed the Council on behalf of the applicant ~ offering to answer any questions concerning the tract map. FolloWing discussionm it was moved by Councilman Gorzeman, seconded by Councilman McCarneym and unanimously carried to approve Tentative Tract Map No. 5660 subject to the following conditions: That "C" Street be reduced to 56' with a sidewalk adjacent to the curb on the east side and vehicular access rights on that side be d~dicated to the City. 2. That vehicular access rights on Orange Avenue be d~dicated to the City. That drainage be provided by taking the water to Valley View which will necessitate the lowering of Valley View. The developer shall bear the cost of the lowering of the street. Alternate plans of drainage may be approved by the City Engineer depending upon dev~o.r~]ent of the surrounding area. 5. All drainage fees shall be paid. 6. Water shall be provided by the City of Cypress unless the water ordinance is repealed. The following Poll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ADOPTION OF 1964-65 MUNICIPAL BUDGET: The City Manager presented the budget document for the 1964-65 fiscal year, and pointed out that it had been thoroughly studied by the City Council and the staff. The City Manager briefly reviewed the budget, summarizing the level of service anticipated for the 1964-65 fiscal year, the number of employees, revenue projections, salary increases, and the budgeted capital improve- ments. The total estimated revenue for the coming year is $933,850, with estimated expendituresof $701~713~ leaving a reserve fop capital improvements on June 30~ 1965 of $232~137. After discussion, it was moved by Councilman GoPzeman, seconded by Councilman McCarney~ and unanimously carried, the following Resolution be adopted ~ title as follows: RESOLUTION NO. 487 A RESOLUTION OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1964~ ~]~D FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONSj DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. June 22, 1964 The following roll call ~ote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Moe None Wright CONSIDERATION OF DRAINAGE REIMBURSEMENT AGREEMENT~ DRAINAGE DISTRICT i-A; ROBERT H, GRANT ~ COMPANY: The City Manager pointed out that the Robert H. Grant Comply had con- structed storm drain facilities within Drainage District l-A, and that since these facilities would be of benefit to Other lands within the City, an agreement had been prepared by the City Attorney allowing for reimbursement. The total cost of construction of the facility was $31,380.04, and the amount of monies due from the Grant Company in drainage fees is $25,364.65, leaving an amount of $6,015.39 for reimbursement purposes. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve the subject agreement and authorize the Mayor to sign and City Clerk to attest the agreement. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright CONSIDERATION OF DRAINAGE REIMBURSEMENT AGREEMENT DRAINAGE DISTRICT 3-B; ROBERT H. GRANT & COMPANY: The City Manager also stated that the Robert H. Grant Company has constructed drainage facilities in Drainage District 3-B, and that since these facilities would be of benefit to other lands within the City, an= agreement had been prepared by the City Attorney allowing for reimbursement. ThE total cost of the construction of the facility was $52,415.O0, and the amount of monies due from the Grant Company in drainage fees is $24,252.50, leaving a total of $28,162.50 which shall be subject to reimbursement by the City to th~ Developer It was moved by Councilman Gorzeman, seconded by Councilman McCarney~ and unanimously carried, to approve the subject agreement and authorize the Mayor to sign and City Clerk to attest the agreement. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COL~CILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS, TRACT 5223; ROBERT H. GRANT AND COMPANY: A report dated June 19, 1964, was presented from the City Manager, stating that the Public Works Inspector has completed a final inspection of the public improvements in Tract 5223, developed by the Robert B. Grant Company, and the Public Works Director has recommended acceptance. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to accept the subject improvements and authorize the City Clerk to release the bonds for Tract 5223, The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright June 22, 1964 ADDITIONAL APPROPRIATIONS~ 1963-64 BUDGET: A report dated June 19,196~, was presented from the City Manager, statinE that a review of the 1963-64 expenditures indicates that two departmental accounts require additional appropriations to meet the 1963-64 annual expenses. An additional $4,000 should be appropriated under the City Attorney co~ltractual services account, and an additional $100 is also required in the Street Cleaning account under the Public Works Department. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the City Council authorize the additional appropriations as outlined above as transfers from the Reserve for Capital Improvements. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Nee~ NO~e Wright APPROVAL OF LIBRARY PROPOSAL: The City Manager stated that at the Special Meeting of the City Council held on June 15, 1964, the Council had author]m~d the employment of the Architectural firm of Jasper ~tnd Forker to draw up plans for a library proposed at Moody and Myra. Mr. Forker addressed the Council, and presented a perspective sketch of the proposed building, as well as other plans concerning thebuilding and parking lot layout. The City Manager explained that the next step is for the City to present a proposal for a ten-year lease of the library building to the County Board of Supervisors at their meeting on June 23, 1964. Mr. Lee Goldins representing the Larwin Company, addressed the Council, stating that the plan presented by the architect would be an asset to the City; however, since the building called for open-span construciion, he feels the extra costs for this type of construction should be borne by the City, and not added into the total cost on which a lease price would be based. Following discussion, it was moved by C~uncilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, the City Council approve the architectural plans as submitted for a 6,000 square foot library building,and submit a proposal to the County Board of Supervisors for a total rental fee of $66,000 ~ayable in 120 equal installments of $550.00. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ACCEPTANCE OF GRANT DEED FOR PARCEL NO. 2, CIVIC CENTER PROPERTY: A report dated June 19,196~s was presented from the City Council, statin~ that the second parcel of the Civic Center land is now in escrow and in order to complete the escrow, the Title Company requires that the City accept the grant deed. It was moved by Councilman Gorzeman, seconded by Councilman McCarneF, and unanimously carried, the City Council accept the grant deed and authorize the City Manager to notify the Title Company of this acceptance. The folloQing roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright June 22, 1964 DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY: A report dated June 19, 1964, wan presented ~rom the City Manager, stating that the City has accumulated over the past several years lost or abandoned personal property items which should be disposed of in accordance with the procedures required by the Government Code. In order to accomplish this disposal of property, it is required that the City adopt an Ordinance setting forth the procedures to be used. IT was moved by Councilman McCamey, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by Title only~ title as follows:' ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR THE DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY IT was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright APPLICATIONS FOR FIREWORKS STAND PERMITS: A report dated June 19, 1964, was presented from the City Manager stating That applications for fireworks stand permits have been received from the following organizations. National Bobby Sox Baseball Tournament -- Requested on the parking lot of the All American Market (Staff recommended change of location since another stand has been permitted at This location.) Kiwanis Club of Cypress -- Requested at 4242 Lincoln, however, Kiwanis Club has indicated a desire to change the location. Each of the applicants have submitted Cer~cificates of Insurance ~d the required clean-up bonds· It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the City Council approve the issuance of a Fireworks Stand permit To the Bobby Sox Baseball Tournament subjedt to the change in location approved by the City STaff; and to approve the permi~ To The Cypress Kiwanis Club with the location subject to the approval of the City STaff~ both permits with the condition That all necessary electrical and building permits be obtained from the City. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCa~ney, and Noe None Wright RENEWAL OF COOPERATIVE PURCHASING AGREEMENT WITH ORANGE COUNTY: A report dated June 19, 1964, was presented from the City Manager, stating that in December of 1963 the Council adopted a resolution providin~ for cooperative purchasing with the County of Orange. This resolution expires on June 30, 1964, and if the Council wishes to continue with the program~ a new resolution must be adopted. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, Title as follows: RESOLSTION NO. 488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZINC PURCHASES OF CERTAIN ITEMS TO BE MADE FOR THE CITY BY THE PURCHASING AGENT OF THE COUNTY OF ORANGE June 22, 1964 TIle following roll call vote was taken: AYE S: 4 COUN CI LMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wri gilt JOINT AGREEMENT FOR OPERATION OF TELETYPEI~ITER SERVICE: A report dated June 18, 1964, was presented from the City Manager, stating that tile 1964-65 budget provides for an appropriation for the installation of a teletype service for the Police Department. This service is provided by the Orange County Departrc~nt of Transportation and Communications, and existing agreements for this service are in effect with 15 other Orange County cities. ]]~e proposed agreement would add the City of Cypress in this Joint service operation, and provides for a $25.00 installation cost and a monthly charge of $45.00 for the teletype service. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorized the Mayor to sign and City Clerk to attest the Joint Agreement for the operation of the teletypewriter service with the County of Orange and the cities of Santa Ana, Fullerton, Anaheim, Orange, Huntington Beach, Newport Beach, Costa Mesa, Buena Park, Garden Grove, Westminster, Stanton, Laguna Beach, Seal Beach, La ttabra, and Brea. The following roll call vote was taken: AYES: 4 COUN CI LMEN NOES: 0 COUNCILHEN ABSENT: 1 COUNCILMEN Corzeman, Kanel, McCarney, and Noe None Wright AGREE~ENT WITH TtlE TRANSPORTATION AND COMMUNICATIONS DEPARTMENT OF ORANGE COUNTY: A report dated June 19, 1964, was presented from the City Manager stating that the City of Cypress utilizes the Orange County con~nunications center for public safety communications, and on November 26, 1957, had entered into a Communications Agreement with Orange County for this service. The County Counsel~s Office has up-dated the agreement, which must be approved by the City Council in order to continue this service. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried~ the City Council authorize the Mayor tO sign and City Clerk to attest the communications agreement with the Orange County Department of Transportation and Communications. The following roll call vote was taken: AYES: 4 COUNCII~EN: NOES: 0 COUNCID~EN: ABSENT: 1 COUNCILME.~: Corzeman, Kanel, McCarney, and Noe None Wr i gh t INVESTMENT .OF CITY FUNDS: A report dated June 19, 1964, was presented from the City Manager, stating that a review of the current balance in the City of Cypress checking account indicates that additional funds are availeble for investment in interest-earning time deposits. In order to provide additional interest return to the City, the City Manager recommended appropriating an additional $100,000 in time deposits. It was moved by Councilman McCarney, seconded by Councilman C-orzeman, and unanimously carried, the City Council: authorize the Director of Finance and the City Treasurer to invest $65,000 in six-month time deposit and $35,000 in a three-month time deposit, in accordance with the terms and provisions of Section 53607 of the Government Code of the State of California. The following roll call vote was taken: AYES: 4 COUNCILMEN NOES: 0 COUNCILMEN ABSENT: 1 COUNCIh~EN Gorzeman, Kanel, McCarney, and Noe N on e Wright JUne 22, 1964 VACATION OF STREETS* TPJ~CT 3742 AND 4p47: A report dated June 19, 1964, was presented from the City Manager, stating that the City has previously accepted the streets which are proposed in Final Tract Maps No. 3742 smd 4047, bounded by the Carbon Creek Channel on the south, Bloomfield on the west, Ball on the north, and Moody on tile east. Since the re cordation of these maps, the La~in Company is proposing to develop a condominium housing prolec~ in these areas. The condominium street pattern does not conform with the streets which were formerly dedicated in the accepted maps. Therefore, the City will be required to vacate the streets in the subject tracts in order to allow the condominium development. The first step in this proceeding is for the City Council to adopt a resolution declaring the intention to vacate the streets, which provides for the posting of notices and calling of a public hearing. The public hearing has been scheduled for July 13, 1964. It was moved by Councilman McCareey, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 48q A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESR DECLARING ITS INTENTION TO ORDER THE VACATION 07 CERTAIN STREETS OR PARTS THEREOF SUBJECt TO THE RESERVATION OF CERTAIN EASEMENTS AND ELECTING TO PROCEED UNDER THE STREET VACATION ACT OF lq41 The following roll call vote was taken: AYES: 4 COUNCILMEN NOES: 0 COUNCILMEN ABSENT: 1 COUNCILMEN Go~zem~n, Kanel, McCarney, and Nee None W~zht PLANNING COMMISSION ORDINANCE REVISIONS: A report dated June 19, 1964, was presented from the City Manager, stating that the City Counci 1, at its regular meeting of Apri 1 27, requested the City Manage~ to recommend ce rtain revisions in the Planning Commission Ordinance, specifically regarding the appointment and removal of Planning Commissioners from Office. The communication transmitted a copy of a proposed Ordinance setting forth various changes. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of this matter until the regular meeting of July 13, 1964. CIVIC CENTER DEVELOPMENT COMMITTEE: A report dated June 19, 1964, was presented from the City Manager, stating that the proposed City personnel for the 1964-65 fiscal year will call for the maximum utilization of the exiseing City Hall facilities~ and any additional personnel in succeeding years will not be adequately housed within the existing facilities. In addition, the existing City Hall lease will expire on July 1, 1965. The City Manager recommended that a study be made through a citizens committee of the possibility of developing all or a portion of the civic center property before the need for more adequate city hall facilities becomes critical. The purpose of the Committee as recommended by the City ~anager would be to reciew the Public Facilities section of the ~aster Plan and the possible methods of financing a civic center development in order to recommend a plan of action to the City Council. Discussion was held concerning the best method for selecting a fifteen-man committee as recommended by the City Manager. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried~ each City Councilman submit five names to the Mayor as soon as possible, and when all names are submitted~ a special executive session of the Council will be called in order to select the final members of the Civic Center Development Committee. The followin~ roll call vote was taken: AYES: 4 COU~ CII~EN: NOES: 0 COI~CIL~TEN: ABSENT: 1 COUNCIL~EN: Gorzeman, Kanel, McCarney, and ~,~oe None Wr i gh t June 22, 1964 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright INDUSTRIAL DEVELOPMENT COMMITTEE REPORT: A report dated June 19, 1964, was presented from the City Manager, stating that during the past year, the Industrial Development Committee has had several meetings, which included a review of the Industrial Survey prepared by Hahn~ Wise, g Associates under the Master Plan contract. The City Manager presented eight final recommendations of the Industrial Development Committee regarding a program to be initiated by the City of Cypress. After discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney~ and unanimously carried~ to give further study to the Industrial Development Committee report and to continue with the existin~ Industrial Development Committee members until the Committee report has been more thoroughly analyzed. CERTIFICATION OF EMPLOYMENT LIST FOR POSITION OF BUILDING SUPERINTENDENT: A report dated June 19, 1966, was presented from the City Manager stating that the City has conducted an examination for the position of Building Superintendent. It wan moved by CounCilman Kanel, seconded by Councilman Gorzeman~ and unanimously carried~ to certify the Buildin~ Superintendent employment list as submitted. MONTHLY ACTIVITY REPORT, MAY 1964: It was moved by Councilman Gorzeman, seconded by Councilman McCarney ~ and unanimously carried~ the Monthly Activity Report for May~ 1964, be received and filed. SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-lll (GORZEMAN & BROWN): COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIU~. Councilman Kanel stated that he would prefer to continue the second reading of this Ordinance so that he could get more public reaction and opinion concerning the request. Mr. Peter D. Gorzeman, applicant, addressed the Council, stating that a public hearing had been held concerning this matter. Mrs. Bernice Brown, also one of the applicants, addressed Councilman Kanel, asking him for a specific reason why the second reading should be continued. Mr. Gorzeman explained the reasons for desiring to have the second reading held at this meeting. Following discussion, it was moved by Mayor Noe and seconded by Councilman McCarney, and following Ordinance be adopted, title as follows: 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 R-1 (ONE-FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT) ZONE CHANGE NO. Z-111 (PETER D. AND BARBARA ANN GORZEMAN AND EDWIN FKANK AN D BERNICE MC KELL BROWN) The following roll call vote was taken: AYES: 2 COUNCILMAN: NOES: 1 COUNCILMEN: ABSENT: 2 COUNCILMEN: McCarney and Noe Kenel Gorzeman and Wright COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM June 22~ 196~ City Attorney H. Rodger Howell stated that in accordance with the Zonin~ Ordinance, the second reading of the Ordinance approving Zone ChanRe No. Z-ill was not passed due to the fact that a ma~ority~ which constitutes three members of the Council~ must vote in the affirmative. FIRST READING ORDINANCE RE: HOTEL ROOM TAX: The City Manager presented a proposed Ordinance imposing a hotel-motel Occupancy tax of 4 percent, Following a brief discussion~ it was moved by Councilman McCarney~ seconded by Councilman Gorzeman~ and unanimously carried, the following Ordinance be read by title onlys title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS IMPOSING A TAX UPON THE PRIVILEGE OF TRANSIENT OCCUPANCY AND PROVIDING FOR THE COLLECTION THEREOF. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried~ this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COL~CILMEN: GoPzeman~ Kanel~ McCarney~ add Noe None Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9158 TNRU 9197 (PAYROLL): It was moved by Councilman Gorzeman~ seconded by Councilman McCarney~ and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 490 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9158 T}{RU 9197 The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: L COUNCILMEN: RESOLUTION Gorzeman~ Kanel~ McCarney~ and Noe None Wright ALLOWING CLAIMS AND DEMANDS NOS. 9157 AND 9198 THRU 9242 (COMMERCIAL WARRANTS): It was moved by Councilman G~rzeman ~ seconded by Councilman McCarney~ and unanimously carried~ the followink Resolution be adopted, title as follows: RESOLUTION NO. 491 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9157 AND 9198 THRU 9242 The following roll call vote was take~: AYES: 4 COUNCILMEN: Gorzeman~ Kanel~ McCarney ~ and Noe NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Wright RESOLUTION ALLOWING CLAIM AND DEMAND NO. 9243 (COMMERCIAL WARRANT): It was moved by Councilman GoPzeman~ seconded by Councilman McCarney~ and unanimously carried, the followin~ Resolution be adopted~ title as follows: RESOLUTION NO. 492 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIM AND DEMAND NO. 92~3 The following roll call vote was taken: June 22, 1964 AYES: 4 COUNCILMEN: Gorzeman, Kanel~ McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION ALLOWING CLAIM AND DEMAND NO. 9244 (COMMERCIAL WARRANT): It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted~ title as follows: RESOLUTION NO. 493 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIM AND DEMAND NO. 9244 The following roll call vote was taken: AYES: 3 COUNCILMAN: Gorzeman~ Kanel, and McCarney NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright ABSTAINED:i COUNCILMEN: Noe DEEDS FOR TWO LOTS FROM CITY TO ROBERT H. GRANT AND COMPANY: The City Manager stated that in accordance with the Agreement between the City and the Robert H. Grant Company approved on June 8. 1964. the City must convey to the Robert M~ Grant Company Lot ~ of Tract 5527 and Lot A of Tract 5455. It was moved by Councilman McCarney~ seconded by Councilman Gorzeman~ and unanimously carried, to authorize the Mayor to sign and City Clerk to attest the grant deeds for Lot A of Tract 5527 and Lot A of Tract 5455 and to convey these deeds to the Robert H. Grant ~ompany upon the payment of $16~000.00 to the City. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel~ McCarney~ and Noe None Wright ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meeting adjourned at the hour of 12:20 a.m. ATTEST: CITY June 22~ 1984