Minutes 64-08-10MINUTES OF THE CITY COLrNCIL
OF TItE CITY OF CYPRESS
HELD
August 10, 1964
The City Council of the City of Cypress held a regular meeting on August 10,
1964, in the City Council Oxambers, 9471 South Walker Street, Cypress,
California, at 7:30 p.m., Mayor ~rank P. Noe presiding.
PRESENT: Gorzeman, Kanel, McCarney, Wright, and Noe
ABSENT: None
Also present were City Manager/City Clerk Darrell Essex; City Attorney H. Rodger
itowell; Public Works Director Harold Neu; Secretary of the Planning Commission
Darrell Dalton; Police Chief ~. C. Foster; and Building Superintendent Thomas
Nudson.
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Corzeman, and
unanimously carried, the minutes of July 27, 1964, be approved as mailed.
OP~L COMMIR~ICATIONS:
Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council,
asking that the City Council consider some remedy to the fly problem in the
City. ~le City Manager stated that the City has a Fly Control Ordinance which
is enforced by the Orange County Health Department, a~d that the Health
Department will be requested to investigate ~r, Doerr~s problem.
Mr. Ruben Villegas, 5501Cathy Circle, Cypress, presented a petition in
reference to master plm~ ~oning. TIle City Manager read ~he petition in full,
which requested tile City Council to cooperate with the Park and Recreation
District by giving serious consideration to any zoning action on parcels of
land designated by the ~aster Plan as possible park and recreation
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, this petition be received and filed.
Io asnwer to an inquiry. by Mr. Darrell ~.lement, 5231 Canterbury Drive, Cypress,
Mr. Villegas indicated that this petition was not circulated on behalf of the
3unior Chamber of Commerce.
xlr. Ilarry Zimmerman, representing the Texas Company, addressed the Council,
requesting information on the method of appeal on the height limitation for
signs. ~4r. Zimmerman was advised to contact the City Hall regardin~ tile
proper procedures to initiate such action.
Mr. John C. Dalton addressed the Council, asking if there would he another
time during the n~eting for Oral Communications. The Hayor stated that
O~ral Conununications would be held again at the end of the meeting.
P~BLIC HE~RINC RE..:. APPEAL OF PLANNING DECISION ON CONDITIONAL USE PER~IIT NO.
C-,174 !LEOjIESTED BY CYPRE.SS BIBLE BAPTIST ~IURCN: The Yayor announced this
was the time and place to consider an appeal requested by the Cypress Bible
Baptist Church of the decision of the Cypress Planning Commission on
Conditional Use Permit No. C-174 to allow the operation of a church and
construction of related buildings in an R-1 (One-family Residential) zone
ou property generally located west of the existing City Hall offices on
Grinjay Street requested by the Cypress Bible Baptist Church, 5241 De Long
Street, Cypress, California.
The City ~anager presented a report dated July 7, 1964, from the Secretary
of the Planning Commisson concerning this matter, and informed the Council
that the Planning Commission had denied the Condtional Use Perfuit due to
traffic congestion that would be created in the surrounding residential area.
August 10, 1964
The Uayor declared the public hearing open and asked if anyone in the audience
wished to speak for or against the appeal.
The City Manager presented a communication dated August 7, 1964, from ~r. Calvin
~teekhof, 9731 South Walker, Cypress, expressing that he is in favor of the
church being erected on the subject property.
T.~r. A. E. An~old, 5541 Bishop, Cypress, addressed theCouncil, speaking in
favor of the appeal, stating that he feels churches should be constructed
in the residential zones.
Rev. 1i. D. Yeo, Pastor of the Cypress Bible Baptist Church, addressed the
Council, stating that the appeal is made primarily on the g~ounds that a
church affords cultural and spiritual advantages which outweigh any possible
detriment to a community or housing tract. Rev. Yeo further stated that he
had obtained the signatures of many individuals in the subject area who had no
objection ~ the erection of a church at the subject location.
Mr. Penland, owner of the subject property, addressed the Council, stating
that he ~mderstands that some people were told that a park was to be located
on the proper~y. Yr. Penland stated that his contacts with the County
indicated that the area was not desired for a park.
Also speaking in favor of the appeal were Mrs. H . D. Yeo, 5241 De Long and
Mr. Jesse Bl~ck, 5422 De Long, Cypress.
The following individuals spoke in opposition due to the traffic congestion
which would be caused by the erection of a church:
Mr. Phillip McCora, 9792 Grindlay, Cypress
~tr. Robert Doerr, 5207 Cumberland Drive, Cypress
T~r. Frank Dunek, 5232 Canterbury Drive, Cypress
Ur. Ray Honeycurt, 5142 Canterbury Drive, Cypress
Mr. Darrell Clement, 5231 Canterbury Drive, Cypress, addressed the Council,
speaking on behalf of the individuals who protested the church at the Cypress
Plm~ning Commission meeting. He stated that he had spoken to many individuals
who would like their names removed from the petition circulated by Reverand Yeo
as they did not understand the petition. Mr. Clement further indicated that
tile issue is not whether or not a park will be located on the property, but
the fact that the streets are narr~ and the erection of a church would create
a serious traffic problem.
Tilere being no further written communications and oral protests, the Mayor
declared the public hearing closed.
Councilman Wright stated that he had driven by tile subject area on a Sunday
morning and the traffic was heavy, with many children p~aying near the streets.
Discussion was held concerning the p~oposed plot plan for the church facilities.
Councilman Kanel made a motion to continue consideration of this appeal until
the next regular meeting. The motion died for lack of a second.
Councilman Corzeman stated he felt that tile number of automobiles for whid~
parking is provided would not create a more serious traffic hazard at the
location.
It was moved by Councilman ~IcCarney and seconded by Councilman Corzeman to
approve Conditional Use Permit No. C-174. Prior to voting~ Councilman Kanel
requested that discussion be held concerning this matter, stating that he eould
not make a decision on this matter until he had further opportunities to study
the matter.
Councilman Gorzeman again stated that he feels the traffic problem would not
Be increased substantially from the church use.
The following roll call vote was taken on Councilman UcCarney~s motion to approve
Conditional Use Permit No. C-174:
August 10, 1~64
AYES: 2 COUNCILF[EN:
NOES: 3 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Corzeman and McCarney
Kanel, Wright and Noe
None
~e motion failed to carry.
Councilman Wright made a motion to concur with the Planning Commission's
decision to deny Condtional Use Permit No. C-174, however the motion died for
lack of a second.
It was moved by Counc~man Kanel, seconded hv Councilman Gorzeman, and carried,
to continue consideration of the subject appeal until the regular meetinZ of
August 24, 1964. The following roll call vote was taken:
AYES: 4 COUNCILMEN: Corzeman, Kanel, McCarney,
NOES: 1 COUNCII~EN: WriF~ht
ABSENT: 0 COUNCILMEN: None
and Noe
qONTI.~UAT.ION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-109 ~SHERMAN R. WHITMDRE):
The City Manager announced that this matter had been continned from the last
City Council meeting.
Ihe 5~ayor stated that the Public Hearing was still open and asked if anyone
wished to speak for or against the proposed use.
Mr. Sherman R. kq~itmore, applicant, addressed the Council~ stating that he
had been requested by the City ~anager to be present at this meeting as the
City Council, at its meeting of July 27, 1964, had indicated a desire to act
upon the matter at this meeting. Mr. Whitmore further stated that his original
intent was to request continuance indefinitely on the matter.
The City Attorney advised Mr..Whirmore that he would not recommend indefinite
continuance of the ~one change due to the adjacent property owners involved.
Following discussion, Ur. Whitmore requested this matter be aDntinued tmtil
the meeting of August 24, 1964
It was moved by Councilman Corzeman, seconded by Councilman Wright, and
unanimously carried, Zone Change No. Z-1O9 be continued until the regular
meeting of August 24, 1964. The following roll call vote was taken:
AYES: 5 COUNCIIJ[EN:
NOES: 0 COUNCILstEN:
ABSENT: 0 COUNCILYEN:
Corzeman, Kanel, ~.cCarney, Wright, and Noe
N on e
None
PUBLIC tlEARI~G RE: PROTESTS TO ANNEXATION NO. 3 TO CYPRESS NO. 2 LIGHTING
DISTRICT: The Mayor announced this was the time and place for the public
[learing to consider protests to Annexation No. 3 to Cypress No. 2 Lighting
District regarding the installation of, furnishing of electric current for,
and maintenance of a street lighting sytem.~
The City Manager presented a report dated August 10, 1964, from the
City Enginee r, concerning this li2hting distr~ct annexation.
~e Mayor declared the public hearing open and asked if anyone in the
audience wished to speak for or against tile lighting district annexation.
There being no written communications and no oral protests the ~-Iayor declared
the public hearing closed.
It was moved by Councilman Corzeman, seconded by Councilman Kanel, and
unanimously carried, the ~ollowing Reoslution be adopted, title as follows:
August 10, 1964
P~ESOLUTTnN No. 504
A RESOLUTION OF THE CI?~ COIF~CIL OF TIlE CITY OF CYPRESS, COUNTY
aP ORANGE, STATE FO CAI.IFORNIAs CONFIR}~INC Tile REPORT OF ~IE CITY
ENGINEER OF SAID CITY, DATED JULY 13s lq64, PREPARED PURSUANT TO
RESOLUTI~I rqO. 480 O~ SAID COUNCIl. AND REFERRED TO IN RESOLUTION
NO. 495 OF SAID COID~CILs AND TIlE PLAJIs SPECIr. ICATIONS, ESTINATE
AND ASSESS.'IENTS CONTAINED IN SAID REPORT; ORDERING. THE INSTAELATION
OF THE STREET LIGIlTING SYSTEM TO BE ANNEXED TO CYPRESS NO. 2
LIGIITINC DISTRICT; ORDERING THE ~I~ENANCE OF ~VlD TIlE FUP~NISI{INC
O~ ELECTRIC CURRENT TO LIGIiT SAID STREET LIG!ITINO SYSTH~I; AND
FORHING TIlE LIGHTINC~ DISTRICT ANNEXATION REFERRED TO IN RESOLUTION
OF INTENTION NO. 496 .~ND RESOLUTION APPOINTING TIlE TIME AND PLACE
FOR HEARINGS NO. 497, ALL IN ACCORD WIHT DIVISION 14, PART l,
STREETS AND I{IGI1WAYS CODE, STATE OF CALIFORNIAs AS A~TENDED~
REFERRED TO AS THE "STREET LIGHTING ACT OF 191q"
The following roll call vote was taken:
AYES: 5 COUN CI D~EN:
NOES: 0 COUNCIL~IEN:
ABSENT: 0 COL~I CIDIEN:
Gorzeman, Kanel, }IcCarney, Wright, and Noe
None
None
It was moved by Councilman Gorzeman, seconded by Councilman '~cCarney, and
unanimously carried, the follc~ing Resolution be adopted, title as follows:
RESOLUTION NO. 505
A PESOLUTIC}I OF TIlE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DETERMINING TItAT THERE IS ONEV ONE CONTRACTOR PRACTICALLY
CAPABLE OF MAKING THE INSTALLATION OF, ~UPPLYINC MAINTENANCE FOR, AND
FURNIStIING ELECTRIC CURRENT FOR TIlE LIOItTINC OF TIlE STP£ET LIClITING
SYSTEM TO BE ANNEXED TO CYPRESS NO. 2 LIClITING DISTRICT AND ORDERED
TO BE INSTALLED BY RESOLUTION NO. 504 OF SAID COUNCILs ALL IN
ACCORD WITIt AND PURSUANT TO THE PPOVISIONS OF DIVISION 14, PART Is
STREETS AND ttlC~IWAYS CODE, STATE O~ CALIFOP~NIA, AS AMENDED, REFERRED
TO AS THE "STREET LICIITINC ACT OF 1919"
The following roll call vote was taken:
AYES: 5 COUNCIL?fEN:
NoES: 0 COUNCILMEN:
ABSENT: 0 COUNCI DfEN:
Corzeman, Kanel, McCarney, Wright, and Noe
None
None
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, the following Resolution be adopted, title as follows:
RESOLUTION NO. 506
A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, LEVYING ASSESS~ZNTS ~I I~]%RCELS ~F LAND LOCATED IN TItAT
AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR
TIlE COST OF THE INSTALLATION, MAINTENANCE AND FURNISttlNC OF ELECTRIC
C~RRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR TEE PERIOD FROM
JANUARY 1, 1965 TItROUGH DECEMBER 31, 1965, PURSUANT TO TttE REPORTS OF
]lIE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH THE PURSUANT TO THE
PROVISIC1NS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODEs STATE OF
CALIFORNIA, kS AMENDED, REFERRED TO kq THE "STREET LIGHTING ACT OF
lq19."
The following roll call vote was t'aken:
AYES: 5 COUN CI LMEN:
NOES: 0 COUNCILMEN:
,M3SENT: 0 COUNCII2-~r~M:
Gorzeman, Kanel, ~-~cCarney, Wright, and Noe
N one
None
August 10, 1964
ADOPTION OF ~RDINANCE SETTING 1964-65 .~f0NICIPAL TAX RATE: A report dated August
7~ 1964, was presented from the City Manager concerning the 1964-65 Municipal
Tax Ra~e, stating that the rate of 75C per $100 assessed valuation has been
in effect since the 1958-59 fiscal year, and a review of the tax rates of
other cities in Orange County indicates that this is the lowest rate in the
County, with a ~ajority of the cities having a rate of $1.00 or more per
$100 assessed valuation.
The report from the City Manager indicated that tile $1.00 rate would bring
in additional revenues to offset the slow-down in building activity, the
higher-than-estimated bridge construction costs, and the possible loss of
revenues from the business license' fees on subdivisions, which is threatened by
litigation.
Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, asking if
a public hearing would be held concerning setting the tax rate. The City
Manager advised ~r. Visca that a public hearing was not required, but the Council
could open discussion to th~ '~lic if it desired.
~r. A. E. Arnold addressed the Council concerning the r~se in assessed
valuations during this year and the additional amount of money that would
be due from citizens if the tax rate were raised to B1.00.
Mr. James Duncan, 9582 Walker Street, addressed the Council concerning the
amount of surplus funds accrued by the City.
Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed tile Council
concen~ing the future plans of the City to supplement tax increases.
Mr. Cordon Frey, Cypress, addressed the Council concerning the possible litigation
against the City concerning the Business License Ordinance, with reference to
subdivisions. The City Manager advl~ed Mr. ~rey that the City of Cypress ~s
working with other cities concerning this matter.
Councilman McCarney stated that he wished to commend the City's staff for its
ability to keep the tax rate at the low of 75¢ per $100 assessed valuation for
sud~ a long period of time.
It was moved by Councilman Kanel, seconded by Cbundlman McCarney, and
unanimously carried, to read in full an Ordinance establishing the Municipal
Tax Rate at $1.00 for the fiscal year 1964-65. The following roll call vote
was taken:
AYES: 5 COI~CI DfEN:
NOES: 0 COU~CI D~EN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
The City Attorney read in rull Ordinance No. 216, an urgency ordinance,
establishing the 1964-65 fiscal year tax rate.
It was moved byzeouncilman Gorzeman, seconded by Cotmcilman McCarney, and
unanimously carried, the following ~rdinance be adopted, title as follows:
ORDINANCE NO. 216
AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE ~0NICIPAL TAX
RATE FOR THE FISCAL YEAR 1964-65
following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILsfEN:
Aj~SENT: 0 OCUNCILMEN:
Gorzeman, Kanel, McCarney, Wright and Noe
None
None
August 10, 1964
SECOND READING ORDINANCE RE: ZONE CItANGE NO. Z-Ill ~GORZEMA.N AND BROWN):
COUNCILMAN CORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM ltlS CHAIR ON THE
PODI UM
Councilman Kanel inquired of the City Attorney if it was proper f6r Councilman
Gorzeman. at ~e last City Counnil meeting, to have asked the City Attorney
for a ~uling on a matter concerning his own property after he had come back
to his chair on the podium.
The City Attorney stated that although there is no lm~ which specifically
prohibits it, he feels that when a Councilman excuses himself on a matter,
he ~Duld remain excused on all matter pertaining to the proceedings.
Councilman Gorzeman stated that at the last City Council meeting he had assumed
that all ac~io~ concerning Zone Change No. Z-ill had been taken, so he returned
to the podium, after which further discussion ensued. He further stated that
he did not intend to gain any advantage by requesting an opinion of the City
Attorney.
Councilman Kanel referred to a newspaper article which stated that he was
trying to delay this zone change in order that the Park District could buy
five acres of the subject area for a park. Councilman Kanel stated that he
has repeatedly indicated that the only reason for his vote on th~s zone change
case was to allow him further opportunity to study the area in relation to
condominlum-typ~ development.
The City Attorney, in answer to a question by Mr. Frank Visca, 5782 Lime Avenue,
Cypress, regarding proprietary and governmental functions, stated that inasmuch
as the Park District has never formally requested the City Council to consider
zoning of th~ ~ubject property, ~t made no difference to the City whether the
other agency was acting, in a governmental or proprietary function.
It was moved by Councilman Wright and seconded by Councilman UcCarney to
approve the second reading of the following Ordinance, title as follows:
ORDINkNCE N~. 217
~J~ ORDINANCE OF %]{E CITY COF!CIL OF THE CITY OF CYPRESS
/~NDINC, C~RIDI',~A'~CE NO. 90, TIlE Z(~NIN~, ~RDINA~CE, BY C~TfiCICINC
THE ZCNE OF A CERTAIN PA~L r~F L,~ND WITIIIN ~IE CI~' F~ ~-1
(~IE-F~LY RESIDENTIAL) TO PD (PLA~D~ED DEVEL~P~E~IT) ZONE CIANGE
N~. Z-Ill (PETER D. AND BARBARA .~,~N CORZE~{AN AND EDWIN FRA~]K ~ND
BE~NICE ~C KELL BR~QI)
Prior to voting, Councilman Kanel stated that he wished to point out that he
has come to the comclu~ion that he is against a condominium development in
the subject area and will be voting 'no" on this matter.
The following roll call vote was taken concerning Counclman Wright's motion
to approve the second reading of Ordinanne ~:o. 217:
AYES: 3 COI~CIL[~N: McCarney, Wright and Noe
~OES: 1 COUNCIIMEN~ Kanel
~SENT: 1 COUNCILMEN: ~orzeman
COU)JCILT,YAN WRIGllT EXCUSED ItlMSLEF ~qO~4 ItlS CHAIR ON THE PDDIIrM AT 0:20
August 10. 1964
Councilman Kanel inquired if the City Manager had received any information
concerning the Park District's action on the subject property. The City
Manager state] that it is his understanding that the County has written a letter
of intention to condemn five acres of the subject area for a-park.
Mr. Norm Young, 5602 Lime Avenue, Cypress, addressed the Council, concerning
areas zoned for parks in the City. The City Manager advised that in the
preparation of the Master Plan, areas were set aside as possible locations
for parks. He also stated that the Park District 6fficials worked closely with
the City fndeveloping this master plan of parks and further stated that fs the
responsibility 6f the Park District to obtain the land for parks.
Mr. Ruben Villegas, 5501Cathy Cirle, Cypress, addressed the Council concerning
the petition he had presented during the early part of the City Council
meeting requesting the City Council to consider future park zoning in the City.
Mr. Chuck Bryane, Cypress Park and Recreation Director, addressed the Council,
asking if there is a specific zone for parks. The Secretary of the Planning
Commission advised Mr. Bryant that there is no specific park zone, hut that
park areas requ'ire a Conditional Use Permit.
COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIbM
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD R~: NEW ON-SALE B~ER
LICENSE FOR PERCY L0 SMITH: The City Manager presented a communication from the
Alcoholic ~everage Control Board notifying the City of an application for a
new on-sale beer license for Percy L. Smith, 6072 Lincoln Avenue, Cypress.
The Police Department i~ves~[~t/onreveals no basis for pretest on the part of the
applicant. The City Manager recommended that the City notify the Alcoholic
Beverage Control Board that the applicant will be required to furnish food
at the location in accordance with Sections 102 and 112.2 Ff of the Cypress
Zoning Ordinance.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, to direct the City Manager to notify the Alcoholic
Beverage Control Board of the City's requirement relating to food service as
outlined above. The following roll call vote was taken:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe
COUNCILMEN: None
COUNCILMEN: Wright
COMMUNICATION FROM MARCH OF DIMES REQUESTING PERMISSION TO CONDUCT SOLICITATION
CAMPAIGN: The City Manager presented a request dated July 27, 1964, from the
Orange County Chapter of the March of Dimes, requesting permission to conduct
the 1965 March of Dimes Campaign in the City during the month of January.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, to approve the request of the March of Dimes to conduct
the 1965 Campaign in the City of Cypress during the month of 3anuary, waiving
all required licenses and fees, and upon the condition of notification to the
Police Department of the dates of the solicitation program and the names of the
persons who will be involved. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: ! COUNCILMEN:
Gorzeman, Kanel, McCarney, and Noe
None
Wright
COMMUNICATION FROM CERRITOS SCHOOL PRINCIPAL REQUESTING CROSSING GUARD: The
City Manager presented a request dated July 24, 1964, from. Mr. Lee Tibbets,
Principal of the Cerritos School, 3731Cer~itos Avenue, Anaheim, for a
crossing guard for children crossing Cerritos at Ritter Street.
It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously
carried, to grant the request of the Cerritos School Principal and approve the
employment of a crossing guard for the subject location. The following roll
call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEM:
ABESENT: 1 COUNCILMEN:
Gorzeman, Kanel, McCarney, and Noe
None
Wright
August 10, 1964
COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: OFF-SALE BEER AND WINE
LICENSE FOR ALBERTSON'S INC.: The City Manager presented a notification from the
Alcoho~ic Beverage Control Board of a ~ransfer of an on-sale beer and wine
license to Albertson's, Inc., located at the All American Market~ 6381 Ball
Road, Cypress.
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried; this co~.unication be received and filed.
COMMUNICATION FROM MUSCULAR DYSTROPHY ASSOCIATION OF AMERICA! INC.. RE:
SOLICITATION CAMPAIGN: The City Manager presented a request dated July 22, 1964,
from the Muscular Dystrophy Association of America to conduct its fund-raising
campaign in the City of Cypress during the month of December.
It was moved by Councilman Kanel, seconded by Councilman McCarney, and
unanimously carried, to approve the request of the Muscular Dystrophy
Assoc~ation of America, Inc. to conduct its fund-raising campaign in the City
of Cypress during the month of December, 1964, waiving all required licenses
and fees, and subject to the condition that notification be made to the Police
Department of the dates of the solicitation program and the names of the persons
who will be involved.
RESIDENTIAL PARKWAY TREE MAINTENANCE POLICY: The City Manager requested that
consideration of this matter be continued until such time as a full report
is completed by the staff.
It was moved by Councilman Go~eeman, seconded by Councilman McCarney, and
unanimously carried, to continue this matter until a complete report from
the staff is available.
APPROVAL OF DRAINAGE REIMBURSEMENT AGREEMENT BETWEEN CITY OF CYPRESS AND THE
LARWIN COMPANY FOR DRAINAGE DISTRICT 2-A: The City Manager stated that this
matter had been considered by the City Council at its special meeting of
August 3, 1964, and continued at that time to allow further discussion regarding
the total acreage required for the sump area and the possibility of establishing
a reserve fund for emergency drainage work in District 2-A. The City Manager
indicated that the Larwin Company desired to proceed with the agreement as
previously outlined inasmuch as the City would be able, at a future date, to
acquire the additional sump area and could require future developers to
advance monies for any drainage work required in District 2-A.
The City Manager reconmended that the agreement be approved by the Council
as submitted.
It was moved by Councilman Gorzeman, and seconded by Councilman McCarney to
approve the Reimbursement Agreement between the City of Cypress and the Larwin
Company for Drainage District 2-A, and authorize the Mayor to sign and City
Clerk to attest subject to approval as to form by the City Attorney. Prior to
voting on this matter discussion was held.
Mr. Gene Kountz, representing the Twaits-Wittenberg Company, addressed the
Council, stating that this agreement is acceptable to the Twaits-Wittenberg
Company.
Mr. Richard Owen, representing the Robert H. Grant Company, addressed the Council
stating the agreement as submitted is acceptable to his Company.
Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating
that he is in accord With the CityIManager's comments.
The following roll call vote was taken on Councilman Gorzeman's motion to
approve the subject Reimbursement Agreement:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Grozeman, Kanel, McCarney, and Noe
None
Wright
August 10, 1964
APPOINTHENT OF CIVIC CENTER CO>9IlTTEE: ~ayor Noe stated that he has received
many names for consideration as appointees to the Civic Center Committee, but
as yet the City Council has not had an opportunity to review these names, and
further stated that he would recommend making the appointments at the next
City Council meeting.
Councilman Kanel inquired about the possibility of increasing the number of
members on the Civic Center Development Committee from the original approved
number of 15 to 25 individuals in order to ~ain broader representation.
It was moved by Councilman Kanel, seconded by Councilman Corzeman, and
unanimously carried, to continue this matter,
RE>!ODELING OF tlOUSE ON CIVIC CENTER PROPERTY FOR USE AS CITY COUNCIL CHAMBER:
The City T.lanager stated that at the Special City Council meeting of August 3,
1964, the matter of remodeling the w~cant house on the Civic Center property was
discussed and acted upon; however, at th~s time he feels the required work for
rehabilitation can be completed at a cost less than s~ticipated. The City
Manager further requested tile City Council to reconf~rm its action taken at
the ~;pecial '~eeting.
It was moved by Councilman Ksnel, seconded by Councilman McCarney, and
unm~imously carried, to reconfirm the action taken on August 3, 1964, to
approve an expenditure of 84,000 for rehabilitation of the vacant house on the
Civic Center property for use as a City Council Chamber. The following roll
call vote was taken:
AYES: 4
!JGES: 0
ABSENT: 1
COUNCIEMEN: Corzeman, Kanel, ~cCarney, and Noe
C~IINClLr.{EN: None
COUNCILMEN: Wright
LIBRARY LEASE BETWEEN CITY OF CYPRESS AND ORAN~,E COUNTY FREE LIBRARY DISTRICT:
A report dated August 7, 1964, was presented from the City Manager stating that
the I)range County Board of Supervisors has accepted the lease proposal submitted
by the City of Cypress for the construction of a Cypress branch library
authorized by the City Council at its meeting of June 22, 1964. The lease
is for a ten-year term at a monthly charge of B550.00.
It was moved by Councilman ~lcCarney, seconded by Councilman Gorzeman~ and
unanimously carried, to approve the lease between the City of Cypress and the
Orange County Free Library District for a ten-year period at a monthly rental
of $550.00 and authorize the ~Iayor to sign and City Clerk to attest the
subject lease. The following roll call vote was taken:
AYES: 4 COUNCILMEN
NOES: 0 COUNCILMEN
ABSENT: 1 COUNCILMEN
Corzeman, Kanel, '.~cCarney, and Noe
None
Wright
ACGEPTANCE OF DEED FROM LARWIN CO}~ANY FOR LIBRARY SITE: A repdrt dated
August 7, 1964, was presented from the City Manager stating that the City
has received the grant deed to the property required for the library site at
the southwest comer of Moody and Myra from the Lamqin Company.
It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and
unanimously carried, to accept the deed from the Larwin Company for the
subject one-half acre parcel and authorize the City Clerk to record the deed
w~th the County Recorder's Office. The following roll call vote was taken:
A~ES: 4 COUNCILMEN
NOES: 0 COUNCILMI~N~
ABSENT: 1 COUNCILMEN
Corzeman, Kane 1, McCarney, and Noe
None
Wright
RECESS:
Mayor Noe declared a five-minute recess at 10:00 p.m.
The meeting was called back to order at 10~05 p.m., all City Councilmen being
present except Councilman Wright.
August 10, 1964
AGREEmeNT FOR ARCHITECTURAL AND ENGINEERING SERVICES ON LIBRARY AT MOODY AND
~YRA: The City Manager presented an a~reement with the firm of Jasper and
Forker for architectural and engineering services on me library building to
be bcated at Moody and Myra, and requested that the City Council reconfirm
its action taken at the SpeCial ~.~eting of August 3, 1964, in approving this
agreement.
It was moved by Councilman HcCarney, seconded by Councilman Kanel, and
unanimously carried, to reconfirm the August 3rd action to approve the
agreement for Architectural and Engineerin~ Services with the firm of Jasper
and Fnrker, at a cost of six percent of the construction cost~ which is
estimated at S62,500.00, and further to authorize the ~layor to sign and
City Clerk to attest this a~reement. The followinZ roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
~.orzeman, Kanel, '~cCarney, and Noe
N one
Wright
APPROVAL OF REI~4BUESEMENT AC, REEMENT BET!~ZF~i CITY OF CYPRESS AND TWAITS WITTE>:BEPC
CO;!PANY FOR n~RAINAGE DISTRICT 2-A: A report dated Au~,ust 7, 1964, was presented
from the City Manager stating that the City Council had approved the draina~,e
work constructed by the Twaits-Wittenberg Company for Drainage District 2-A and
had instructed the staff to prepare the necessary reimbursement agreement with
the T~.7aits-Wittenberg Company. The cost for the facilities was $53,710.66, whicl.
after subtracting the required drainage fee for the subject tract, leaves a
balance of $35,258.81 to be reimbursed.
It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and
uuanimously carried, to approve the reimbursement agreen~nt for the Twaits-
Wittenberg Company in the amount of $35,258.81 and authorize the Mayor to si%n
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: 4 COUNCILMEN:
~iOES: 0 COUNCILMEN:
ABSENT: 1 COF~CILMEN:
Corzeman, Kanel~ UcCarney, and qoe
None
Wright
CERTIFICATION OF EMPLOYMENT LIST FOR PL~LICWORKS }~INTENANCE MAN: A report
dated August 7, 1964, was presented from the City ~ana~er setting forth the
results of an examination for the position of Public Works Maintenance Man.
It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and
unanimously carried, to certify the Public Works Maintenance Man employment
list as submitted.
AMENDMENT TO WEED ABATEMENT CONTRACT: A report dated August 6, 1964, was
presented from the City Uanager, stating that Weed Control Contractors, Inc.,
the weed abatement contractor, has requested the City Council to give consideration
to amending the original Weed Abatement Contract to provide for 50% payment
upon completion of the work, 25% in December, and the remaining 25% in May of
1965.
It was moved by Councilman McCarney, seconded by Councilman Corzeman, and
unanimously carried, to approve the requested amendment as outlined above.
The following roll call vote was taken:
AYES: 4 COUNCIL~EN:
NOES: 0 CO~CIL~EN:
ABSENT: 1 COUNCILMEN:
Corzeman, Kanel, McCarney, and Noe
None
Wright
ORDINANCE AMENDING ORDINANCE NO. 26 RE: PLANNING CO>~.{ISSIONERS: The City
Manager presented an ordinance which had its first reading at the last City
Council meeting, said Ordinance concerning Planning Commissioners' duties,
etc.
Prior to considering the second reading, Councilman Kanel inquried about the
possibility of including a provision in the Ordinance to allow for compensation
to the Planning Commissioners. Followin~ discussion, the City Attorney
suggested that this Ordinance not receive its second reading, but that Section
VI of the proposed Ordinance be amended to read as follows:
August 10, 1964
157
"SECTION VI: Compensation: That all members of said Commission shall serve
as such without compensation, except such as may be fixed by the City Council
from time to time, and further except that reasonable travel and other
expenses may be allowed from time to time while traveling or engaged in
business authorized by said Commission."
It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and
unanimously carried, to read by title only an Ordinance amending Ordinance
No. 26 with the change as recommended by the City Attorney title as follows:
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 26,
PROVIDING FOR THE CREATION OF THE PLANNING COMMISSION, DEFINING
THE DUTIES OF SUCH COMMISSION AND DECLARING THE NECESSITY OF SUCH
COMMISSION
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, this Ordinance pass its first reading. The following
roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Gorzeman, Kanel, McCarney~ and Noe
None
Wright
ORDINANCE AMENDING ORDINANCE NO. 77 RE: DELETION OF REQUIREMENT OF CERTAIN
LABOR AND MATERIALS BONDS: The City Manager stated that there is still some
question as to whether or not this Ordinance would be in conflict with State
law, and recommended that adoption of this Ordinance be continued until further
study by the City Attorney is completed.
It was moved by Councilman McCarney~ seconded by Councilman Gorzeman~ and
unanimously carried, this matter be ~etinued for further study.
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9426 THRU 9470 (PAYROLL}: It was
moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously
carried, the following Resolution be adopted, title asfollows:
RESOLUTION NO. 507
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND
DEMANDS NOS. 9426 THRU 9470
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Gorzeman, Kanel, McCarney, and Noe
None
Wright
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9471THRU 9532 (COMI'IERCIAL WARRANTS}:
It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and
unanimously carried, the following Resolution be adopted, tittd as follows:
RESOLUTION NO. 508
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND
DEMANDS NOS. 9471THRU 9532
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Gorzeman, Kanel, McCarney, and Noe
None
Wright
RESOLUTION CANCELLING WARRANT NO. 9347: It was moved by Councilman McCarney,
seconded by Councilman Gorzeman, and unanimously carried, the following
Resolution be adopted, title ~a follows:
RESOLUTION NO, 509
A RESOLUTION OF THE CITY OF CYPRESS CANCELLING WARRANT NO. 9347
August 10, 1964
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Gorzeman, Kanel, McCarney, and Noe
None
Wright
ORAL CO.M~UNICATIONS:
Mr. Alex Winter addressed the Council, stating that he is in favor 6f the City
adopting more ideas such as the library, that will pay for themselves and earn
money for other uses. Mr. Winter suggested the possibility of erecting a
Barber College in the City. He was advised that such a College would not
be a governmental function.
Mr. Walter Chaffee, an attorney representing the Larwin Company, addressed the
Council concerning a communication he had written to the City Council concerning
the fertilizer plant at 9802 Bloomfield Avenue owned by Mr. A. G. Garcia. Mr.
Cheffee pointed out that the area on which the fertilizer plant is!located was
put into a residential zone in September of 1963. Mr. Cheffee further requested
that the City Council rescind its motion made at the City Council meeting of
June 22, 1964 and direct the City Attorney and Police Department to enforce the
laws of the City.
Councilman Kanel stated that he had made a motion at a previous City Council
meeting directing the City Manager to check the status of the fertilizer plant
every 30 days, and asked the City Manager to report. Councilman Kanel further
inquired of the City Attorney if Councilmen are presonally liable if they
involve themselves in the violation of an Ordinance.
The City Attorney advised that he feels there could be no liability on the part
of the City Council on this matter.
Mr. John C. Dalton, attorney representing Mr. A. G. Garcia, addressed the
Council, stating that Mr. Garcia is doing everything he can to move his
fertilizer operation. Mr. Dalton further stated that he feels the courts
would give Mr. Garcia a reasonable period of time in which to remove his
fertilizer business.
Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council,
concerning the City enforcing its Ordinances on this matter.
Councilman Kanel asked the Ctiy Manager for his report on the status of the
fertilizer plant operation. The City Manager reported that although there is no
apparent change in the operation of the fertilizer plant, Mr. Garcia has ~iven
evidence of his attempm to acquire other land for the fertilizer operation.
Mr. Cheffee addressed the Council, requesting the City Council to proceed to
enforce the City's Ordinance.
City Attorney Rodget Howell informed the City Council that in his opinion the
City was enforcing the Ordinance through the action previously taken at the
June 22nd meeting.
Mr. Lee Goldin, representing the Larwin Company, requested that Mr. Garcia
stipulate to a Judgment establishing a time for removal of the fertilizer plant.
Mr. Carl de Pidtro, 10301 Sande Street, Cypress, addressed the Council, stating
that he would like to poll the City Council members for their reasons for
voting as they did at the June 22nd meeting. Mayor Noe advised that such
a poll was not necessary.
Mr. Goldin again addressed the Council, stating that his company is beginning
construction on the condominium project in the vicinity of the subject area
within 90 days, and for this reason are anxious to see the subject operation
removed.
Mr. John Dalton stated that the fertilizer plant business is highly specialized,
and it is not easy to find a new location for the business.
Following considerable discussion, it was moved by Councilman Kanel~ and seconded
by Councilman McCarney to reconsider the action taken by the City Council at the
meeting of 3une 22, 1964 concerning Use Variance No.UV-ll7. The motion failed
to carry by the following roll call vote:
August 10, 1964
AYES: 2 COUNCILMEN:
NOES: 2 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel and McCarney
Gorzeman and Noe
Wright
Councilman Kanel stated that in his opinion the City Ordinance must be enforced.
Mr. Lee Goldin suggested that a meeting be held with the City Attorney, the
Attorney representing the Larwin Company, and Mr. Garcia"s Attorney to attempt
to resolve the problem.
Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, concerning
the City not enforcing an Ordinance.
Following further discussion, it was moved by Councilman Kanel, seconded by
Councilman McCarney, and unanimously carried, to authorize the City Manager
and City Attorney to meet with the attorney for Larwin ahd the attorney for
Mr. Garcia concerning this matter. 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 11:15 p.m.
MAYOR
ATTEST:
August 10, 1964