Loading...
Minutes 64-07-13IMDEXEI~ MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 13~ 1964 The City Council of the City of Cypress held a regular meeting on July 13, 1964~ in the City Council Chambers, 9471 South Walker Street, Cypress, California, at 7:30 p.m., Mayor Frank P. No, presiding. PRESENT: ABSENT: Gorzeman, McCaPney, and Noe Kanel and Wright Also present were City Manager/City Clerk Darrell Essex; City Attorney H. Rodget Howell; Public Works Director Harold Neu; Secretary of the Planning Commission Darrell Dalton; Police Chief O. C. Foster; and Building Superin- tendent Thomas Nudeen. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the minutes of June 22, 1964, be approved as mailed. ORAL COMMUNICATIONS: COUNCILMAN JOHN KANEL ARRIVED AT 7:35 P.M. AND TOOK HIS CHAIR ON THE PODIUM Mr. Joe Mason~ 10322 Aurelia~ Cypress, addressed the Council on behalf of the Cypress Junior Chamber of Commerce, stating that the Junior Chamber would like more information concerning Zone Change No. Z-111, and requested that the City Council a~swer various questions raised by the Junior Chamber. Mayor No, advised Mr. Mason that this request could be considered at the time Zone Change No. Z-111 was considered. There were no further oral communications at th~s time. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-109; (SHERMAN R. WHITMORE); The City Manager announced that this matter had been continued from the last City Council meetin~ and further presentedna communication dated July 8,196~ from Mr. Sherman R. Whirmore, requesting that the public hearing be oontinued until the City Council meeting of July 27, 1964. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously ~arried, to grant the request of the applicant to continue the public hearing on Zone Change No. Z-109 until the PeRulap meeting of July 1964. P.UBLI~ HEARING RE: WEED AND RUBBISH ABATEMENT REPORT: The Mayor announced this was the time and place for the public hearing to consider the Weed and Rubbish Abatement Report, including maps and b~lling information for the work ordered by City Council Resolution No. 476, dated May 25, 1964 The Mayor declared the public hearing open and asked if anyone in the audience wished to speak concerning the subject report. Mr. Peter Van Rut,one 9432 Bloomfield Avenue, Cypress, addressed the Council, askin~ what the assessment against his land would be for removal of weeds. Mr. Ray Gandola, 9591 Denni Street, Cypress, addressed the Council, aMki~gc Why his lanfl ~s c~eaned,~ as there ~e~e ~o W~e~e. Mr. Leo Baroldi, 6672 Cerritos, Cypress~ addressed the Council, stating that some of his pasture land was disc,d, and he would like to go on record as protesting this work. Following a brief discussion~ it was mo~ed by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to continue the public hearing on this matter until later in the meeting, in order to allow the individuals who have questions concerning the assessments to meet the Public Works Director. July 13, 1964 117 PUBLIC HEARING RE: ZONE CHANGE NO. Z-113; (VON ESSEN, MC COY~ AND ALLEN): The Mayor announced this was the time and place to consider and application for amendment to the Zoning Ordinance to change the zone from R-3 (Multiple- family Residential) to C-1 (Neighborhood Stores) on property generally located on the norhteast corner of Valley View and Orange Avenue, requested by Paul H. Von Essen, James G. McCoyg Nancy McCoy, Docia W. Allen~ and Preston K. Allen g 2704 West Ball Road, Anaheim~ California, known as Zone CHanRe No. Z-113. The City Manager informed the Council that the Planning Commission had recommended approval of this Zone Change. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Preston K. Allenm applicantI addressed the Councilm offering to answer any questions. Mr. Lee Goldin~ representing the owner of property adjacent ~o the requested zone change~ addressed the Council, speaking in favor of the proposed use. There being no written communications and no oral protests, the Mayor declared the public hearing closed. It was moved by Councilman McCarney~ 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 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-3 (MULTIPLE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES), ZONE CHANGE NO. Z-113 (VON ESSEN, MC COY, AND ALLEN) It was moved by Councilman McCameye seconded by Councilman Kanel~ and unanimously carried~ this Ordinance pass its first reading. The following Poll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright PUBLIC HEARING RE: ZONE CHANGE NO. Z-114 (LARWIN FUND): The Mayor announced this was the time and place to consider an application for amendment to the Zoning Ordinance to change the zone from R-1 (One-family ResidBncial) to C-2 (General Commercial) on property generally located at the northwest corner of Walker and Cerrltos, requested by Lapwin Fund, 8670 Wilshire Blvd., Beverly Hills, CalifoPnla, known as Zone Change No. Z-114. The City Manager informed the Council that the Planning Commission had recommended approval of this zone change. The Mayor declared the public heeming open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Lee Golding representing the LaPwin C~mpany, addressed the Council, speaking in favor of the proposed use. There being no written communications and no oral protests, the Mayor declared the public hearing closed. Councilman Kanel stated that he resides within 300 feet of the subject property and inquired of the City Attorney if he sould refrain from voting on the matter. The City Attorney advised Mr. Kanel that he would not be disqualified from participation. Discussion was held concerning the possiblility of changing the zone to C-1 rather than the requested C-2 zone. The City Attorney advised that if the City Council desired to change it to C-l, the matter would have to be referred back to the Planning Commission. July 13, 1964 Mr. Lee Goldin, applicant. addressed the Council, stating that the development plan for the subject area includes a service station, a market, and other service shops. Mr. A. E. Arnold. 55~1 Bishop Street~ C~press, addressed the Council~ statinR that he feels the zoning should be less than C-2 since it backs up against R-1 property. 'Mr. Lee Goldin addressed the Council~ pointing out that C-2 has backed up to R~i developments in other parts of the City. Following discussion, it was moved by Councilman Kanel to read by title only an Ordinance approving Zone Change No. Z-11~. The motion died for lack of a second. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimusly carried, to refer Zone Change No. Z-11~ back to the Planning Commission for review and recommendation on the possibility of rezoninR the subject property to C-1 rather than C-2. The following roll call vote was taken: AYES: B COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright PUBLIC HEARING RE: ZONE CHANGE NO, Z-115 (LAWRENCE DEVELOPMENT CORPORATION): ~he Mayor announced this was the time and place to consider an application for amendment to the Zoning Ordinance to change the zone from R~i (One-family Residential) to C-1 (Neighborhood Stores) on property ~enerally located at the southeast corner of Orange and Valley View~ requested by Lawrence Development Corporation~ 8670 Wilshire Blvd., Beverly Hills, California. known as Zone Change No. Z-115. The City Manager informed the City Council that the Planning Commission had recommended approval of this zone change. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Lee Goldin, representing the applicant, addressed the Council,~-spea~ng' in favor of the proposed use. Mr. Preston K. Allen, 270~ West Ball Road, Anaheim, addressed the Council, stating that he is in favor of the change of zone. There being no written commun]zations and no oral peetests, the Mayor declared the public hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman Kanel and unanimously carried~ the following 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. 90~ THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE FAMILY RESIDENTIAL) TO C-1 (NEIGH]ORHOOD STORES) ZONE CHANGE NO. Z-f15 (LAWRENCE DEVELOPMENT CORPORATION) 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: ~ COUNCILMEN: NOES: 0 COUNCILMEM: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe :NOne Wright July 13, 1964 PUBLIC HEARING RE: ZONE CHANGE NO. Z-116 (LARWIN FUND): The Mayor announced this ~as 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 C-0 (Commercial Office) on property generally located on the southwest corner of Moody and Ball, requested by Larwin Fhnd, 8670 Wilshire Blvd., Beverly Hills, California~ kno~ as Zone Change No. Z-11B. The City Manager informed the Council that the Planning Commission had recom- mended approval of this Zone Change. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Lee Goldin~ representing the applicant, addressed the Council, speaking in favor of the proposed use. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, 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 COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE ~ A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-0 (COMMERCIAL OFFICE) ZONE CHANGE NO. Z-116 (LARWIN FUND) 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 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright PUBLIC HEARING RE: VACATION OF STREETS IN TRACT NO. 3742 AND 4047: The Mayor announced this was the time and place to consider the vacation of streets in Tracts No. 3742 and 4047. The City Manager explained that the development plans had changed for these two tracts~ therefore causing a change in the street patterns. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against thi~ proposed vacation of streets. Mr~ Lee Goldin, representing the developer of Tracts 3742 and 4047, addressed the Council, stating that these streets would be vacated as the new streets are constructed. Mr. Richard Owenm representing Robert H. Grant and Compan~m addressed the Council, asking the location of these streets, Upon being advised of said location, Mr. Owen voiced no protest to the proposed vacation. There veins no written commun]zations and no oral protestsm the Mayor declared the public hearing closed. It was moved by CounCilman McCarney, seconded by COuncilman ~8rzeman, and unanimously carried~ the following Resolution be read by title only, title as follows: RESOLUTION NO. 494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING PUBLIC STREETS WITHIN THE CITY OF CYPRESS SUBJECT TO THE RESERVATION OF CERTAIN EASEMENTS July 13, 1964 It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this Resolution be adSpted. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright CONTINUATION OF Mayor announced to consider the information for PUBLIC HEARING RE: WEED AND RUBBISH ABATEMENT REPORT: The th~s was the time for the continuation of the public hearing Weed and Rubbish Abatement Report, including maps and bitlin~ the work ordered by City Council Resolution No. 475. Mr. Ray Gandola, 9591 Denni Street, Cypress, addressed the Council, indicatin~ that he is still protesting the weed abatement charges a~ainst his land. Mr. Leo Baroldi, 6672 Cerritos, Cypress, addressed the Council, stating that he wanted to protest his charges because there was no date on the notice for cleaning the weeds· The City Manager explained that State law sets forth the procedures for notifying property owners of weed abatement, and the City followed these laws. He further pointed out that it is the responsibility of the landowner to notify the City if they intend to do the weed abatement work themselves, and then the City will not do the work. Mr. A. E. Arnold, 5541 BishOp, addressed the Council, protesting the weed abatement work on the property he owns on Lincoln Avenue and on Rome. Mr. Ed Webbet, representing the Contractor who performed the Weed Abatement work for the City, addressed the Council, stating that the work was done under the terms of the controt and at the direction of the City Engineer. Mr. Pete Van Ruiten, 9432 South Bloomfield, Cypress, addressed the Council, protesting the manner in which weed abatement work was done on his property. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, asking if the Contractor is an employee of the City or an Mependent contractor, Mr. Visca was advised that the firm was employed as an Independent Contractor. The City Manager suggested that the Council consider each individual protest to determine whether or not the charge shou~ remain on the assessment rolls. Mrs. Bernice Brown, 1134 West Greendale, West Covina, addressed the Council, stating that her property had been posted, but no date was indicated as a deadline for cleaning the weeds before the City's contractor would do the work. Mr. A. E. Arnold addressed the Council, stating that the City has oiled the weeds along various parkways, which could become a fire hazard. Councilman Kanel requested all individuals with protests to state their names in order that the Council could consider each individual problem. The Council received protests from the following individuals: Mr. A. E. Arnold, Mr. Peter Van Ruiten, Mrs. Ala Mae Cardoza, Mr. John Coelho, Mr. Leo Baroldi, Mr. Ray Gandola, and Mr. Pfeiffer. There being no further written communications or oral protests, the Mayor declared the Public Nearin~ closed. The City Council reviewed each of the protests of the above-mentioned individuals and the following is a summary of the protests reviewed: A. E. Arnold, protestin~ property owned on Lincoln Avenue: Upon further review, it was determined that Mr. Arnold was not assessed for any weed abatement work; consequently~ Mr. Arnold withdrew his protest. Mr. Peter Van Ruiten, protesting charges on his property on the basis that he had informed th~ City he would clean the property, but the Contractor proceeded to do the work: Roll No. 49, Charge of $118.80 July 13, 1964 Mrs. Ala Mae Cardoza, protesting by letter on that property in Mrs. Mary Sousa Estate, said letter being read in full and dated July 13, 1964: Roll No. 46, $158.~0. Cohncilman Ka~el stated that he wished to disagree with Mrs. Cardoza's remarks concerning the City Manager dictatinR the manner of weed abatement. 4. John Coelho: Roll NO. 47, $62,83, protested by Mr. Pete Van Ruiten. Leo Baroldi: Protested Roll No. 15~ $2~.02, on basis that no date was given for removal of the weeds. Also protested Roll No. 16, $39.60 on the basis that he had disced the property shortly before the Weed Control Contractors did the work. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried~ Roll No. 16, in the amount of $39.60~ be removed from the Assessment Roll. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCaPney, and Noe None Wright 6. Ray Gandola: Protested Roll No. ~4, $66.00 on the basis that his property was not posted and a fence was cut to disc his property. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried~ Roll No. ~, in the amount of $66.00 be removed from the Assessment Roll. The followin~ Poll call vote was taken: AYES: 4 ~OUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEM: Gorzeman, Kanel, McCarney, and Noe None Wright 7. Mr. Pfeiffer: P~otested Roll No. ~2, $12.10 on the basis that he was given mo time limit on the notice of weed abatement proceedings. Following discussion, it was moved by Coun&ilman Gorzeman, seconded by Councilman' Kanel, and unanimously carried, to direct the staff to investigate the protests of Mr. Pete Van Rutten, John Coelho, and Mrs. Ala Mae Cardoza, and report back to the City Council at its reguaar meeting of July 27,196~. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: ON-SALE BEER AND WINE LICENSE FOR GERALD M. LAYER: The City Manager presented a communication from the Alcoholic Beverage Control Board notifying the City of an application for a new on-sale beer and wine license by Gerald M. Layer at 4112 Lincoln Avenue, Cypress. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried~ this communication be received and filed. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: OFF-SALE BEER AND WINE LICENSE FOR BONMIE J. AND RICHARD V. HUSTON: The City Manager presented a communication from the Alcoholic Beverage Control Board notifying the City of an application for new off-sale Beer and wine license for Bonnie J. and Richard V. Huston, 5562 Lincoln Avenue~ Cypress. Councilman McCarmey stated that he was omnce~ned about the egress and ingress for the proposed establishment. Councilman Kanel inquired ooncerning the status of the report he had requested at a previous Council meeting regarding the possibility of stronger controls on the selling of alcoholic beverages in the commercial zonessof the City. The City Manager advised him that a report was being prepared and would probably be on the next City Council meeting's agenda. July 13, 1964 Mr. A. E. Arnoldm 5541 Bishop Street, Cypress, addressed the Council concerning the condition of the alley to the rear of the proposed establishment. Mr. Arnold also requested the City to check into the condition of the alley to the rear of the new Shell Oil S~ation at Lincoln and Walker. Discussion was held concerning the possibility of requiring Mr. Huston to improve the alley to thereat of his establishment at 5552 Lincoln. Mr, Dalton advised the Council that since Mr. Huston is making no alterations to the building, he could not be required to improve the alley. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this application be received and filed. TENTATIVE TRACT MAP NO. 5553; LARWIN COMPANY: The City Manager stated that t~l's Tract Map had been continued from the last City Council meetinR due to drainage problems and to date these problems have not been solved. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, statln~ that he would be willing to continue consideration of this map. Councilman McCarney indicated that he feels solution to the drainage problems in Drainage District 2-A will require from four to six months, and recommended that the City take some action to hasten solution to this problem. Councilman McCarney further inquired if it would be possible to implement the existing ditch to alleviate some ~6 the flooding hazard that might develop in the rainy season. Mr. Robert Kay, representing the Robert H. Grant Company, addressed the Council, stating that his Company had made a sutdy of the subject area and arrived at an interim solution to the problem. Following discussion concerning the drainage problems, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried to continue consideration of Tentative Tract Map No. 5553 with the consent of the applicant until the regular meeting of July 27, 1954. TENTATIVE TRACT MAP NO. 5558; ROBERT H. GRANT AND COMPANY: The City Manager skated that this tentative tract map had also been continued at the last City Council meeting due to drainage problems in the area. Mr, Richard Owen, representing the Robert H. Grant Company, addressed the Council, requesting the Council to approve the tentative map with the condition that the recordation of the final tract map not be allowed until a satisfactory drainage solution is reached. Mr. 0web further stated that he would agree to continuing the Tentative Map if his request was not granted. Considerable discussion was held ooncez~ing the possibility of granting approval of the tentative tract map subject to specified drainage solution conditions. Councilman Kanel inquired as to the City Manager's recommendation o~ this matter. The City Manager recommended continuing the map until the drainag~ solution is reached. Following further discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration o~ Tentative Tract Map No. 5558 with the consent of the applicant until the regular meeting of July 27, 1954 TENTATIVE TRACT MAP NO. 5372; LARWIN COMPANY: The City Manager stated that Tentative Tract Map No. 5372 had also been continued at the last City Council meeting due to drainage problems in the area. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue aonsideration of ~entative Tract Map No. 537~ with the consent of the applicant until the regular meeting of July 27, 1954. July 13~ 196~ CONSIDERATION OF PLANNING COMMISSION ORDINANCE REVISIONS: The City Manager ~eht~d a report dated June 19, 1964, which had been continued from the last City Council meeting, concerning the revisions to the Planning Commission Ordinance. The five recommended changes are a s follows: 1. The Planning Commission office will be deemed vacant after absences from three successive regular meetings of the Commission without cause. Illness or unavoidable absence, providing written notice is submitted to the Secretary of the Planning Commission before the meeting, will be considered as a just cause. The Commission shall meet regularly at least twice a month. 3. No Planning Commissioner shall serve more than two consecutive terms, or a tTtal of eight years in succession. Election of officers of the Commission shall be held in May of each calendar year. Planning Commissioners may be removed by a majority vote of the City Council or by the appointing official sx~ject to the approval of the City Council. Discussion was also held concerning the possibi'lity of changing the number of Planning Commission members from the present seven to five. Councilman Gorzeman and MaCarney voiced expressions that they prefer to have seven men on the Commission. Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, and Mr. Carl de Pietro,' 10301 Samde S%reet, Cypress, addressed the Council, indicating that a five-man Planning Commission would be more d~sirable. Councilman Kanel inquired about the possibility of requiring that the Planning Commissioners be property owners in the City. Mr. Leo Baroldi, 6672 Cerritos, Mr. James Duncan, 9582 Walker, and Mr. Joe Mason, 10322 Aurelia~ addressed the Council, stating that a seven-man Planning Commission is more appropriate. Following discussion, it was meved by.r>~oun~ilman Gorzeman and seconded by Councilman McCarney to instruct the City Attorney to prepare an O~dinance amending Ordinance No. 26, including the changes as outlined above, wi~h no change made concerning the number of members on the Planning Commission. Prior to voting upon this motion, Councilman Kanel made a motion which was seconded by Councilman McCarney to amend Councilman Gorzeman's motion by changing Section IX offthe proosed Ordinance to read". . The Chairman and Vice Chairman may serve successive terms, not to exceed a total of two (2) years . " The following roll call vote was taken on this amendment: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel~ McCarney, and Noe None Wright The following roll call vote was taken on Councilman Gorzeman's motion to instruct the City Attorney to prepare an Ordinance amending Ordinance No. 26: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright TENTATIVE TRACT MAP NO. 5565; ROBERT H. GRANT AND COMPANY: The City Manager presented' Tentative Tract Map No. 5565, located on the north side of Orange Avenue, approximately 580 feet west of Moody Street, 15 acres, 75 R-1 lots, as requested by Robert H. Grant and Companu, 1665 South Brookhurst, Anaheim, California. The City Manager further pointed out that the Planning Commission had recommended denial of this map due to drainage problems in the area. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimosuly carried, to continue consideration of Tentative Tract Map No. 5565 with the consent ~If the applicant~ until the regular meeting of July 27, 1964 July 13, 19~4 CONSIDERATION OF TENTATIVE TRACT MAPS NOS. 5553, 5558, 5372~ AND. 5565 AT NEXT REGULAR CCITY COUNCIL MEETING: Following discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to notify the developers of Tracts 5553, 5BSB, 5B~2, and 5565 that it is the City Council~s intention to consider these tentative tracts maps, which are in Drainage District 2-A, at the City Council meeting of July 27, 1964, and if the developers have not resolved the problem of financing the drainage improvements in this DrainaRe District and their participation therein before the July 27th meeting, ~he City Council will probably approve the four tentative tract maps imposing a DrainaRe District 2-A participation condition in addition to the conditions already recommended by the Planning Commission. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None WriRht REPORT FROM CITY ENGINEER RE: PROPOSED ANNEXATION TO CYPRESS NO. 2 LIGHTING DISTRICT: The City Manager presented a report from the City Engineer dated July 13, 1964, concerning Annexation No. 3 to Cypress Lighting District No. 2, which will add various tracts within the City to this Lighting District. It was m~ved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously eartied, the following Resolution be adopted, title as follows: RESOLUTION NO. 495 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE?OF CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. ~80 OF SAID COUNCIL. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COI~CILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney!, and Noe None Wright It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 496 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE/OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A ~TREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF SEVENTEEN (17) YEARS BEGINNING JANUARY 1, 1965, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted~ title aw follows: RESOLUTION NO. 497 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATET~O~ CALIFORNIA, APPOINTING A TIME AND PLMCE FOR HERRING PROTESTS IN RELATING TO THE PROPOSED IMPROVEMENT AND STREET LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTI8N OF INTENTION NO. 496 AND DIRECTING THE CITY CLERK FO SAID CITY OF CYPRESS, CALIFORNIA, TO ~IVE NOTICE OF SAID HEARING. July 13, 1964 The following roll call vote was taken: AYES: 4 CO[~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Karat, McCarney, and No, None Wright REPORT FROM CITY ENGINEER RE: PERMIT FOR ORANGE COUNTY FLOOD CONTROL DISTRICT: A report dated July 8, 1964, was presented from the City Engineer, stating' that in order to handle storm runoff along Valley View in the vicinity of Ball Roadm it is necessary to drain into the facilities of the Orange County Flood Control District, and the City must execute a permit prior to issuance by the Distritt for connections to be made to the Carbon Creek Channel. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried~ to authorize the Mayor to execute the subject permit on behalf of the City of Cypress. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright REPORT FROM CITY ENGINEER RE: FINAL ACCEPTANCE OF 2-A DRAINAGE CHANNEL CONSTRUCTION FROM BALL ROAD TO MOODY STREET: A report dated July 8~ 196~ was presented from the City Engineer concerning final acceptance of 2~A Drainage Channel Construction from Ball Road to Moody performed by the Twaits-Wittenberg Company. The report recommended that the pro~ect be approved and the staff be directed to proceed with finalizing a rein~oursement agreement with the Twaits-Wittenberg Company for a portion of the costs set forth. Mr. Eugene Kountz~ representing the Twait-Wittenberg Company~ addressed the Council~ requesting that the City Council continue consideration of this matter until the next regular City Council meeting. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried to grant the request to the Twalts-Wittenberg Company and continue consideration of this matter until the regular meeting of July 27~ ACCEPTANCE OF CONDITIONS ON CONDITIONAL USE PERMIT NO. C-156; LARWIN COMPANY: A report dated July 9,196~ was presented from the Office of the City Manager, stating that the time extended by the City Council for acceptance of the conditions placed on Conditional Use Permit No. C-156 had expired and it will be necessary for the Council to either extend the period of time for acceptance or to drop the condition requiring that water'be served by the City of Cypress. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried to extend the time for 80 days from this date for acceptance of the condtions on Conditional Use Permit No. C-156. REPORT FROM CITY MANAGER RE: PROPOSED HUNTINGTON BEACH FREEWAY ASSOCIATION: A report dated July 9,196~, was presented from the Office of the City Manager, stating that a committee of City Managers from several cities in Orange County have met to determine the feasibility of establishin~ a Huntington Beach Freeway Association which could make recommendations regarding a route for the proposed freeway. The report transmitted a copy of the minutes of the first meeting held by the various City Managers. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this report be received and filed. AGREEMENT WITH STATE PERSONNEL BOARD FOR COOPERATIVE PERSONNEL SERVICES: A report dated July 9~ 196~, was presented from the City Man'a'ger~ sta~ing that the 196~-65 Municipal Budget proposes contracting with the Cooperative Personnel Services of the State for recruitment of certain positions in the City, and recommended approval of the contract for these services. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried~ the City Council approve the agreement between the City and the State Personnel Board and authorize the Mayor to sign and City Clerk to attest the agreement. July 13~ 196~ FIRST READING ORDINANCE REPEALING ORDINANCE NO. 209 AND AMENDING THE SUBDIVISON ~'RDINANCE RE: DELETION OF REQUIREMENT OF CERTAIN LABOR AND MATERIALS BONDS: The City Engineer reviewed a proposed Ordinance concerning deletion of the requirement of certain labor and materials bonds. It was moved by Councilman McCarney, 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 COUNCIL OF THE CITY OF CYPRESS REPEALING ORDINANCE NO.209 OF THE CITY OF CYPRESS AND AMENDING ORDINANCE NO. ??, THE SUBDIVISION ORDINANCE, TO PROVIDE FOR DELETION OF THE REQUIREMENT OF CERTAIN LABOR AND MATERIALS BONDS. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, 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 SECOND READING ORDINANCE RE: DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 211 AN ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR THE DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright SECOND READING ORDINANCE RE: IMPOSITION OF HOTEL ROOM TAX: The City Manager ~resented the proposed Hotel Room Tax Ordinance for its second reading. Mr. Joe Mason, 10322 Aurelia Avenue, C~press, addressed the Council, asking if the County would impose this tax if the City were not to take the action. The City Attorney advised Mr. Mason that although the County was not directly involved in this tax measure, the vital concern of the City is that the State has indicated an interest in levying this tax. Mr. A. E. Arnold addressed the Council, suggesting that the revenue derived from the proposed hotel room tax be earmarked for some special civic purpose within the City. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this second reading until the regular meeting of July 27, 19B4, and instruct the City Manager to determine what other ~&iies are planning to do with the revenue derived from this hotel room tax and report back to the the City Council. CONSIDERATION OF SECOND READING OF ORDINANCE GRANTING ZONE CHANGE NO. Z-ill ~GORZEMAN AND BROWN): COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM The following individuals representin~ the Cypress Junior Chan~ber of Commerice, addressed the Council~ asking specific questions about condominiums such as the proposed in the area of Zone Change No. Z-111 and about the City's Master Plan. July 13, 1964 Mr. Joe Mason, 10322 Aurelia, Cypress Mr. Rodney Duquette, 5411 Marion Avenue, Cypress Mr. Richard Arnold, 5511 Mildred, Cypress The various questions asked by these individuals were answered by members of the staff. Considerable discussion was held concerning the private tape recording of this portion of the City Council meeting by Mr. Ed Brown. Requests were made to the City Council for both continuing and discontinuing this private recordlnR. The City Attorney advised the Council that it had the right to est~]blish policy on this matter if desired. At this point the private tape recording was voluntarily discontinued. Requrests were made by Mr. Richard Arnold, Mr. Rodney Duquettem and Mr. Joe Mason to have thei~ names erased from the private tape. Mr. Joe Mason addressed the Council, exphasizing that the members of the Junior Chamber of Commerce were not at the oouncil meeting to object tothe subject Zone Change, but merely had questions which they wanted answered concerning Planned Development zoningm as proposed in Zone Change No. Z-111. Mr. Edward Van Vleet, representing Volk McClain Company, addressed the Council as the proposed developer of the subject area, statin~ that his Company is working with the Park District concerning the park proposed in the vicinity of the subject area, and is willing to sell the District five acreas at no profit. Mr. Richard Arnold addressed the Council, stating that the Junior Chamber of Commerce members are not at the City Council meeting to contest any land concerning the Park District. Followin~ discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried~ the second reading of this Ordinance be oontinued until the regular meeting of July 2?, 1964. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS, 9~45 THRU 9284 (PAYROLL): It was moved by Councilman Kanelm seconded by Councilman McCarney, and unanimously carriedm the following Resolution be adopted, title as follows: RESOLUTION NO. 498 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9245 THRU 9284 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCaPney, and Noe None Gorzeman, and Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9285 THRU 9347 (COMMERCIAL WARRANTS]: It was moved by Councilman McCarney, seconded by Councilman Kanel~ and unanimously carried, the following Resolution be adopted, ti~e as follows: RESOLUTION NO. 499 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9285 THRU 9347 The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanel, McCarney, and Noe None Gorzeman and Wright July 13, 1964 COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM APPROVAL OF TEMPORARY APPOINTMENT OF POLICE DISPATCHER FOR CYPRESS POLICE DEPARTMENT: The City Manager reported that it was necessary to make a pro- visional appointment for the position of Dispatcher in the Police Department and recommended that Mrs. Yvonne Silver be appointed to this position. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried to instruct the City Clerk, as specified in Ordinance No. 177, to record the fact that Mrs. Yvonne Silver has been selected to fill the provisional appointment as Police Dispatcher. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ORAL COMMUNICATIONS: Mr. Harry Melcher, 5232 Marion Avenue, Cypress, addressed the Council concerning the Ordinance which was adopted providing for the disposal 6~ abandoned or unclaimed personal property, askin~ if provision is made for Police Department investigation of the unclaimed property. Mr. Melcher was adivsed that the Ordinance did provide for such investigation. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council concerning the aciton taken at the last City Council meeting on Use Variance No. 117 for Mr. A. G. Garcia~s fertilizer plant. The City Manager read in full an excerpt from the City Council minutes of the motion approved by the City Council concerning this matter. Councilman John Kanel stated that it appeared that Mr. Garcia was adding material to the fertilizer plant and in view of this deveopment made a'motlon, which was seconded by Councilman McCarney, to instrnct the City Manager to investigate the status of the fertilizer plant operation every 30 days. Discussion was held concemin~ this matter. Councilman Gorzeman stated that he feels there is no need to change the motion approved at the last City Council meeting. The City Attorney advised the Council that shile Mr. Garcia may still be opePatln~ his plant, he is not considered as "continuinZ" his business, a~d has been instructed to dissolve his business at the present location. Councilman Kanel stated that he wished to amend his motion to include a provision that Mr. ~arcia not be allowed to import aLny further raw materials. However, after discussion, Mr. Kanel withdrew his request for amendment ~ the previous motion. The following roll call vote was taken on Councilman Kanel's motion to instruct the City Manager to check the status of the fertilizer plan every 30 days: AYES: 3 COUNCILMEN: Kanel, McCarney, and Noe NOES: 1 COUNCILMEN: Gorzeman ABSENT: 1 COUNCILMEN: Wright ADJOURNMEN~ There bein'g no further business to come before the City Council, the Mayor declared the meetinS adjoined at the hour of 11:22 p.m. ATTEST: CITY ~ER~ July 13, 1964