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Minutes 64-08-24nlNDEXED MINUTES OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS HELD August 24, 1964 The City Council of the City of Cypress held a regular meeting on August .24, 1964, in the City Council Chambers, 9471 South Walker Street, Cypress, California at 7:30 p.m., Mayor Frank 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 Howell; Junior Civil Engineer Jerry ttendrtcks; Secretary to the Planning Cormnission Darrell Dalton; Police Lieutenant Robert Murray, and Building Superintendent Thomas Nudson. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the minutes of August 3, 1964, be approved as mailed. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the minutes of August i0, 1964, be approved as mailed. ORAL COMMUNICATIONS: Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council, requesting information on the method to be used to withdraw from the Cypress- County Water District, which provides sewer maintenance for a portion of the City. Mr. Doerr was advised by the City Attorney to contact the Cypress- County Water District officials. Mrs. Carl Lucken 5652 Lime Avenue, Cypress, read a prepared statement to the City Council regarding numerious problems in the City, with specific emphasis on the fly problem. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, requesting information regarding the decision to remodel the existing building on the Civic Center site for use as a Council Chamber. Mr. Visca was advised by the City Manager that the Water Dietrict had requested the City to pay a rental fee for the use of the facility for City meetings. Mrs, Lucken was advised that the Fly Control Ordinance is enforced by the Health Department, and that they would be contacted regarding the possible use of a new fly control device for the area. Mr. Robert Smith, 5244 Oxford Drive, Cypress, addressed the Council, requesting information on the fly controls required of dairies. The City Manager reviewed the provisions of the Fly Control Ordinance. Mr. Carl De Pietf6~ 10301 Sande Street, Cypress, addressed the Council, stating that the fly problem might be reduced with the discontinuance of the fertilizer plant. Councilman Kane 1 made a motion to consider the matter of the fertilizer plant at the end of the City Council meeting; however, the motion died for lack of a second. Mr. George tljorth, 5122 Canterbury Drive, Cypress; addressed the Council, asking about the new fogging operation for fly control. THe City Manager explained this program. Mr. Robert Peterson, 5151 Canterbury Drive, Cypress, addressed the Council, asking if the City has a weed abatement program, and p~intfng out that a serious weed problem exists near his property. The City Manager stated that the City had just completed teh 1964 Weed Abatement Program, and that the City will notify the Anaheim Union ltigh School District of the weed problem and refer it to the Fire Department for its action. August 24, 1964 CONTINUATION OF PUBLIC HEARING RE: ZCNE QIANGE NO. Z-109 {SHERMAN R. WHITMORE): The Mayor stated that this matter had been continued from the last City Council meeting and that the public hearing was still open for those who wished to speak for or against the proposed zone change. The City Manager presented a communication dated August 24, 1964, from Mr. Sherman R. Whitmore, applicant, requesting that the zone change request be withdrawn. There being no further written communications and no oral protests, the Mayor declared the public hearing closed. Following discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to concur with the recommendation of the Planning Commission to deny Zone Change No. Z-109. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None N one PUBLIC HEARING RE: ZONE CHANGE NO. Z-II2 {A. VAN KLAVEREN): ~le Mayor announced this was the time and place for the public hearing to consider an application for amendment to the Zoning Ordinance to change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) on property generally located at the southwest comer of Orange Avenue and Valley View Street, requested by A. Van Klaveren, 9591 Valley View Street, Cypress, California, known as Zone Change No. Z-112. The City Manager presented a con=nunication dated Angus t 24, 1964, from Mr. A. Van Klaveren, reque~tiug continuance of this Zone O~ange until the City Council meeting of September 28, 1964. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. There we re no oral protests or written communications at this time. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant the request of the applicant to continue the public hearing on Zone Change No. Z-112 until the regular City Council meeting of September 28, 1964. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUN CI LMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-114 {CITY OF CYPRESS): The Mayor announced this was the time and place for the public hearing to consider an application for amendment to the Zoning Ordinance to change the zone from R-A (One-family Residential) to C-1 (Neighborhood Stores) on property generally located at the northwest comer of Walker and Cerritos, ini6iated by the City of Cypress, known as Zone Change No. Z-114. The City Manager explained that this Zone Change had come before the Council at a previous meeting with a recommendation from the Planning C~maission for C-2 zoning; however at that previous City Council meeting the Council referred the matter back to the Planning Conunissiun to consider the possibility of C-1 zoning on the subject property. The City Manager informed the Council that the Flanning Commission had reconsidered this Zone Change and no~ recormmends C-1 zoning for the subject property. 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 Larwin Company, addressed the Council, stating that he is in favor of the C-2 zoning as originally applied for, on this property. There being no written communications and no oral protests, the Mayor declared the public hearing closed. August 24, 1964 Discussion was held concerning the possibility of the City Couacil granting the C-2 zoning at this meeting. The City Attorney advised that if the Council desired to change it to C-2, it would have to be referred back to the Planning Commission. Discussion was held with the Secretary of the Planning Commission regarding the proposed amendments to the Zoning Ordinance which would affect service stations and establishments selling alcoholic beverages in the C-2 zone. Based on these discussions, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried to refer this matter back to the Planning Commission to conduct a Public Hearing for both C-1 and C-2 uses of the subject property. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None The City Attorney was requested to advise the City Council as to whether or not the City Council has the right to grant a more restrictive zone in the same zone classification than that recommended by the Planning Commission. PUBLIC HEARING RE: AMENDMENT TO MASTER PLAN OF DRAINAGE: The Mayor announced this was the time and place for the public hearing to consider an amendment to the Master Plan of Drainage Districts 3-I, 3-S, and 3-Q. The City Manager informed the Counci 1 that the Planning Commission had recommended approval of the proposed amendments, which amend Drainage District 3-I, to include the improvements on Cerritos Avenue and additonal facilities on the north side of the railroad right-of-way from Knott to Valley View, and combines Drainage Districts 3-Q and S into one district known as 3-SQ, and provides for the ins tallation of a channe 1 and reinforced concerete pipe from Knott to the Bolsa Chica Channel. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment to the Master Plan of Drainage. There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to continue consideration of this amendment until the regular meeting of September 14, 1964 in order to allow further study of this matter. The following roll call vote was taken: AYES: 5 COUNCII2eN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: A~NDMENT TO The Mayor announced this was the the Subdivision Ordinance No. 77 Districts 3-I, 3-S, and 3-Q. SUBDIVISION ORDINANCE tIE: DRAINAGE FEES: time and place to consider an amendment to with respect to Drainage Fees in Drainage The City Manager informed the Council that the Planning. Commission recommends approval of the amendment, establishing a fee of $830 per acre in Drainage District 3-I, eliminating Drainage District 3-Q and 3-S, and establishing a fee of $660 per acre in Drainage District 3-SQ. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed amendment to the Subdivision Ordinance. 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, to continue consideration of this amendment to the subdivision ordinance until the regular meeting of September 14, 1964. The following roll call vote was taken: August 24, 1964 163 AYE S: 5 COUN CI LMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: C. orzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATIC~q FROM CONGRESSMAN HANNA RE: PROPOSED LEGISLATION ON WATER ALLOTMENTS: The City Manager presented a communication dated August 11, 1964, from Congressman Richard T. Hanna explaining the bill recently introduced by him regarding the water supply problems for Southern California. It was moved by Councilman Wright, seconded by Councilman Gorzeman~ and unanimously carried, this communication be received and filed. CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION ON CONDITIONAL USE PERMIT NO. C-174 REQUESTED BY CYPRESS BIBLE BAPTIST QtURCH: The City Manager stated that the City Council, at its meeting of August 10, 1964, continued consideration of the appeal requested by the Cypress Bible Baptist Church of the decision of the 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 zone on property generally located west of the existing City Hall offices on Grindlay Street, requested by the Cypress Bible Baptist Church, 5241 De Long Street, Cypress. The City Manager presented a report dated August 20, 1964, stating that the City has received several petitions and letters objecting to the construction of a church at the subject location. It was moved by Councilman Kant 1 and seconded by Councilman Wright, to deny the appeal of the Cypress Bible Baptist Church of the Planning Commissions decision on Conditional Use Permit No. C-174. Prior to voting on this motion, the City Attorney stated that the petitions and letters referred to in the City Manager's report of August 20, 1964, were received after the public hearing on this matter had been closed, therefore they should be stricken from the record on this appeal. It was moved by Councilman Kanel and seconded by Councilman Wright to amend the previous motion to strike from the record on this appeal all petitions and letters received after the public hearing was closed. The following roll call vote was taken on Councilman Kanel's motion for amendment: AYES: 5 COUNCILMEN NOES: 0 COUNCILbIEN ABSENT: 0 COUNCILMEN Gorzeman, Kane 1, McCarney, Wright, and Not None None The following roll call vote was taken on Councilman Kanel's motion tO deny the appeal of the Cypress Bible Baptist Church: AYE S ~ 5 COUN CI LMEN NOES: 0 COUNCILMEN ABSENT: 0 COUNCILMEN Gorzeman, Kant 1, McCarney, Wright, and Not None None Mr. Anthony Buece, 5102 Canterbury Drive, Cypress, addressed th'e Council, asking if the City Council could take some type of action to prevent the~ church from refiling fo[a Conditional Use Permit on the subject location. The City Attorney advised that no such action could be taken. Mr. George Hjorth, 5122 Canterbury Drive, Cypress, addressed the Council, asking if the fact that this Conditional Use Permit had been denied would be taken into consideration if the church reapplied for another Conditional Use Permit at a later date. Mr. ttJorth was advised that the official records of the City would indicate that the request had been denied. APPOINTMENT OF CIVIC CENTER DEVELOPMENT COMMITTEE: Mayor Not stated that the City Council was desirous of appointing a Civic Center Development Con~nittee for the purpose of reviewing the Public Facilities section of the Master Plan and the possible methods of financing of a civic center development in order to recommend a plan of action to the City Council. August 24, 1964 Mayor Noe suggested that all members of the Cypress Planning Commission serve on this committee and in addition reconunended the following Cypress citizens for appointment to the Committee. Mr. Paul Angers, A. E. Arnold, Richard Arnold, John T. Blum, Mrs. Frank Cardoza, CaH De Ptetro, Mrs. Denny Dowell, James Duncan, Mrs. Rodney Duquette, John Kennedy, Mrs. John Lister, Bill ~oran, Anthony Nieto, Mrs. Louis Regal, Frank Vessels, Jr., Frank Visca, C~orge Wellss and Mrs. Roger York. It was moved by Councilman Kanel, seconded by Councilman Oorzeman~ and unanimously carried, to concur with the recommendation of the Mayor on the appointment of the above-listed individuals and the entire Planning Commission membership to the Civic Center Development Committee. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel~ McCarney~ Wright~ and Noe None None SMALL SUBDIVISION PERMIT NO. 6: KING MAZUR: The City Manager presented Small Subdivision Permit No. 6, requested by King Mazur, 9776 Garden Grove Blvd., Garden Grove, to divide 3.3 acres into two commercial lots at the northeast corner of Juanita Street and Ball Road. Following discussion, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to approve Small Subdivision Permit No. 6 subject to the following conditions: 1. Drainage fees shall be paid and the drainage provided to the satisfaction of the City Engineer. 2. Street improvements shall be installed along the entire frontage of Ball Road and Juanira Street. The dimensions of the parcels shall be as follows: Parcel A - 200' x 170' (net) Parcel B - 428.59'x 170' (net) 4. All access rights on Ball Road shall be dedicated to the City. 5. A deed of dedication for the widening of Ball Road and Juanira Streets shall be given to the City at the time of recordation. 6. The applicant shall file a record of survey map with the County Re corder's Office. The following roll call vote was taken: AYES~ 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCI LMFlq: Gorzeman, Kanel, McCarney, Wright, and Noe N one None REPEAL OF ORDINANCE NO. 84 RE: LOT SPLIT REGULATIONS: A report dated August 20, 1964, was presented from the City Manager, stating that in a recent review of the City Ordinances, it has come to the attention of the staff that Ordinance No. 84 is in direct conflict with sections of the City's Subdivision Ordinance which detail the procedures required for obtaining lot splits for the subdivision of lets or parcels of land into four or less lots or parcels. Following discussion, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, the followi~g 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. 84, ENTITLED "AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA, REGULATING THE DIVIDING AND SUBDIVIDING OF LOTS OR PARCELS OF LAND INTO FOUR OR LESS LOTS OR PARCELS." August 24, 1964 It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES; 0 COUNCILMEM~ ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None N one ATTENDANCE OF CITY MANAGER AT ANNUAL CONFERENCE OF THE INTERNATIONAL CITY MANAGERS~ ASSOCIATION: A report dated August 20, 1964, was presented from the City Manager, stating that he has received an invitation to attend the 50th Annual Conference of the International City Managers' Association to be held in Chicago from September 27 through October 1, 1964. The report outlined the various topics to be discussed at the Conference, and stated that total expenses for attendance at the conference should not exceed $400.00. A motion was made by Councilman Kanel to continue this matter until the regular maeting of September 14, 1964, however, Councilman Kanel, after discussion,' withdrew his motion. Councilman McCarney indicated that he is not in favor of this expenditure at this time. It was moved by Councilman Kane l, seconded by Councilman Wright, and carried, to authorize the City Manager to attend the International City Managers' Association Conference in Chicago from September 27 through October 1, 1964, and that he be reimbursed for his actual and necessary expenses. The following roll call vote was teken: AYES: 4 COUN CI I2,~N: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Corzeman, Kanel, Wright, and Noe McCarney None DEMOLITION OF DAIRY BARN--CIVIC CENTER PROPERTY: A report dated August 20, 1964, was presented from the City Fenager, stating that the plan to use the existing house on the Civic Center property for a Council Chamber indicates that the most economical method to provide parking would be to remove the existing dairy barn between the temporary police facilities and the proposed City Council Ch'ambers. The City has received a bid of $2,000 for removal of the barn and concrete foundation from a contractor doing similar work in other areas of the City. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimous ly carried, to direct the City Manager to obtain a total of three informal bids in writing for the demolition and removal of the dairy barn and foundation at the Civic Center site. The follm~ing roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None BALL ROAD PAVING ADJACENT OT JULIET MORRIS SCHOOL: A report datedAugust 20, 1964, was presented from the City Manager indicating that the City has been notified that the paving on Ball Road adjacent to the Juliet Morris School will be started in the near future, and in cooperation with the Cypress School District~ the City has budgeted monies for the City's share of the paving costs. The City has received a bid from the Sully-Miller Contracting Company, which is the School District's contractor for the work, in the amount of $4,800 for the approximate 13,000 square feet of area to be paved by the City. The Public Works Director has reviewed the bid and indicated that the City has obtained a lower price from the Sully-Miller Contracting Company for this project inasmuch as it is in cooperation with the adjacent paving to be done by the Cypress School District. The City Attorney has indicated that the City would not be required to obtain further bids in this case.~ August 24, 1964 After discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the bid in the amount of $4,800 as submitted by the Sully-Miller Contracting Company for the paving of Ball Road adjacent to the Juliet Morris School, providing that the School District proceed s with its portion of the paving to insure the full street improvement at the location, and further to authorize an appropriation of an additional $1,100 from the reserve for Capital Improvements for this project. The following ~otl call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCa~ey, Wright, and Noe ATTENDANCE OF BUILDING SUPERINTENDENT AT ANNUAL INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS MEETING: A report dated August 20, 1964, was presented from the City Manager stating that the Building Superintendent has requested authorization to attend the annual meeting of the International Conference of Building Officials to be held at Glacier National Park, Montana, from Monday, September 7th through Friday, September 11, 1964. It is estimated that the cost for attendance at this meeting will not exceed S400.00. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and carried, to authorize the Building Superintendent to attend the 42nd Annual Business Meeting of the International Conference of Building Officials at Glacier National Park, Montana, from September 7th through 11, 1964, and that he be reimbursed for his actual and necessary expenses. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kane 1, Wright, and Noe McCarney None CONSIDERATION OF ORDINANCE AMENDING ORDINANCE NO. 126 RE: PARKING LOT PAVING: A report dated August 20, 1964, was presented from the City Manager concerning the need to amend the Building Code to regulate the paving of commercial parking lots and appurtenances since the City, at this time, has no regulation for minimum standards to provide for uniformity on commercial parking lot areas. The Building Superintendent reviewed the need to adopt minimum standards to insure proper drainage, grading, and paving of commercial parking lot areas. Following discussion, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to direct the City Attorney to prepare an Ordinance amending Ordinance No. 126 relating to commercial parking areas and appurtenances. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, None N on e and Noe QUITCLAIM DEED FROM CITY TO SOUTHERN CALIFORNIA WATER COMPANY: A report dated August 20, 1964, was presented from the CitylManager, stating that in accordance with the recent agreemnt between the City and the Southern California Water Company, a quitclaim deed has been prepared for the City property located on Valley View immediately north of the Pacific Electric Railway right-of-way, to be submitted to the Southern California Water Company for use as a water well site. It was moved by Councilman Wright and seconded by Councilman Kanel to continue consideration of this matter until the next regular City Council meeting. Prlor to voting on this matter, discussion was held concerning the quitclaim deed. The City manager explained that this quitclaim deed had been prepared as set forth in the agreement approved by the City Counci 1 on June 8, 1964. Councilman Kanel withdrew his second to the motion, and Councilman Wright withdrew his motion. It was moved by Councilman Kane 1, seconded by Councilman Wright, and unanimously carried, the City Council call a recess in order to go into executive session for the purpose of discussing settlement of the pending litigation by the Southern ~alifornia Water Company against the City of Cypress, discussion to be limited to this matter and no action to be taken: The following roll call vote was taken: A~st 24, 1964 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUN CI LMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None The recess was called at 9:24 p.m. The meeting was called back to order at 9:34 p.m., all City Council members being present. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the quitclaim deed in favor of the Southern California Water Company for the property located on Valley View north of the Pacific Electric Railway right-of-way, and authorize the Mayor to sign and City Clerk to attest the deed upon receipt of the ,66,000 from the Southern California Water Company. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES | 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None N one BILL OF SALE FROM CITY TO SOUTHERN CALIFORNIA WATER COMPANY: A report dated August 20, 1964, was presented from the City Manager, stating that in accordance with the previously approved agreement between the City of Cypress and the Southern California Water Company, the City has prepared a Bill of Sale for a water well and equipment constructed on City property on Valley View north of the Pacific Electric Railway right-of-way, and the equipment on the wells located on the property formerly known as the Shubin property. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Bill of Sale in favor of the Southern California Water Company for the equipment as outlined above, and authorize the Mayor to sign and City Clerk to attest upon receipt of the $66,000 from the Southern California Water Company. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None N on e MONTHLY ACTIVITY REPORT~ JULY 1964: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the Monthly Activity Report for July 1964 be received and filed. QUITCLAIM DEEDS RE: PROPERTY TO BE USED FOR LIBRARY SITE: The City Manager stated that the City has been advised by the County that the property deeded to the City at the last City Council meeting from the Larwin Company was not owned in entirety by the Larwin Company. Therefore, the Larwin Company has submitted to the City for recordation with the County, quitclaim deeds~from Palma ttomes, Inc. and Moon Homes, Inc. to the Larwin Company for the property to be used for the library site at Moody and Myra. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve the two quitclaim deeds from Palma Hones and Moon Homes to the Larwin Company and authorize the City Clerk to transmit the deeds to the County for recordation. The following roll call vote was taken: AYES: 5 COUN CI LMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS~ TRACT 40041 STANDARD DEVELOPMENTt COMPANY: The City Manager stated that the developer of Tract 4004 has requested acceptance of the improvements and release of the bonds. He further stated that the Public Works Department has completed an inspection of the improvements in the subject tract and has recommended acceptance, subject to the installation of the required street trees and a small section of paving. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept the subject improvements and authorize the City Clerk to release the bonds for Tract 4004. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIIJ~EN: Gorzeman, Kanel, McCarney, Wright, and Noe None None August 24, 1964 SECOND READING ORDINANCE AMENDING ORDINANCE NO. 26 RE: PLANNING COMMISSIONERS: The City Manager presented for its second reading, an Ordinance amending Ordinance No. 26 concerning the duties and requirements of Planning Commissioners. Councilman Wright inquired about Section VIII of the subject Ordinance, questioning the advisakility of limiting the terms of Planning Commissioners to two consecutive terms or a total of eight years. It was moved by Councilman McC~rney end seconded by Councilman Kanel, this Ordinance pass its second ~eading. Prior to voting on this motion, further discussion was held concerning the terms of office as set forth in the proposed Ordinance, after which Conncilman Kanel withdrew his second and Councilman HcCarney withdrew his motion. In answer to an inquiry from Councilman Gorzeman, the City Attorney advised that the Ordinance would affect those Planning Commissioners now in office. Councilman Wright made a motion to amend Section VIII to read "that no Planning Commissioners shall serve more than two consecutive full terms"; however, the motion died for lack of a second. Mr. Robert Doerr , 5207 Cumberland Drive, and Mr. Frank Visca, 5782 Lime Avenue, addressed the Council, speaking in favor of the Ordinance as submitted. Following further discussion, it was moved by Councilman Gorzeman, seconded by Mayor Noe, and unanimously carried, the Ordinance as presented be adopted, title as follows: ORDINANCE NO. 218 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. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ALLC~.FING CLAIMS AND DEMANDS NOS. 9533 THRU 9578 (PAYROLL): It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 510 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9533 THRU 9578 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTI(lq ALLOWING CLAIMS AND DEMANDS NO.S. 9579 THRU 9599 (COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman Ka~el, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 511 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9579 THRU 9599 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None August 24, 1964 Councilman McCarney requested the City AttOrney to present the City Council with a report on his invoices to the City. The City Attorney advised the Council that this report would be presented to the City Council before the next meeting. ORAL COMMUNICATIONS: Mr. C~orge H]orth, 5122 Canterbury Drive, Cypress, addressed the Council, requesting that the City Manager be instructed to investigate the possibility of developing a City park on the land which was considered for the Cypress Bible Baptist Church. Mr. Hjorth was advised that although the Cypress Park and Recreation District is responsible for the park development program in the City, the City Manager would be happy to discuss this matter with the Part District officials. Mr. Frank Visca, 5782 Lime Avenue, and Mr. Robert Doerr, 5207 Cumberland Drive, both spoke regarding the City's representation on the Park Advisory Board. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, indicating that Mr. A. G. Garcta's attorney refused to stipulate a judgment to remove the fertilizer plant on Bloomfield within the six-month period established by the City Council. Based on this refusal, Mr. Goldin requested tile City Council to take further action on this matter. Considerable discussion was he ld concerning various actions the City Council could take coneerning Mr. Garcia's fertilizer plant operation. It was moved by Councilman Kanel and seconded by Councilman McCarney to direct the City Manager and City Attorney to take appropriate legal action to curtail all operations if no agreement is reached at the furruts meeting! between the Larwin CompanyIs attorney and Mr. Garcia's attorney. Prior to voting on this motion, further discussion was held. The City Attorney emphasized that the City is enforcing its Ordinances with reference to this matter, and that he would suggest that the City Manager make his report to the City Council concerning the operation prior to the Council taking any further action on this matter. Councilman McCarney withdrew his previous motion and Councilman Kanel withdrew his second to the motion. The City Manager read in full the action taken by the City Oounctl on June 22, 1964, concerning the fertilizer plant, after which further discussion ensued. A motion was made by Councilman Kanel, and seconded by Councilman McCarney, that the City of Cypress proceed as of Wednesday, September 2, 1964, to enforce the Ordinance if the parties in question have not come to an agreement and stipulated to a judgment for the removal of the fertilizer plant. The City Attorney advised the Council that iif the intent was to change the action taken at the June 22, 1964, meeting, it would be appropriate to reconsider the June 22nd action prior to a further motion. Following discussion, Councilman McCarney withdrew his second and Councilman Kanel withdrew his motion. It was moved by Councilman Kanel, seconded by Councilman McCarney, and carried the City Council reconsider the City Council's action of June 22, 1964, in which Mr. Garcia was notified to terminate his fertilizer b~siness. ~e following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Wright, and Noe Gorzeman None It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to rescind the City Couneil's action taken on June 22, 1964, regarding the discontinuance of the fertilizer plant operation owned by Mr. Garcia and to refund any monies deposited by Mr. Garcia. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~[EN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None August 24, 1964 It was moved by Councilman C~rzeman and seconded by Councilman McCarney to instruct the City Attorney and City Manager to participate in the discussions between the two parties involved at the meeting scheduled for August 31, 1964, and to notify Mr. Garcia or his attorney that the City shall take legal action at the first City Counci 1 meeting in September if the two parties do not come to an agreement concerning termination of the business and its removal which agreement will involve, among other things, a stipulation to Judgment being enmred against Mr. A. G. Garcia on Use Variance No. UV-117 concerning termination of the business and its removal within six months from June 22, 1964. Prior to voting on this motion, discussion was held. Mr. Lee Goldin, representing the Lam~in Company, addressed the Council, stating that his Company would reimburse the monies to the City which were deposited by and refunded to Mr. Garcia if the City has to invoke an action against Mr. Garcia. Following considerable discussion, the following roll call x,ote was taken on Councilman Gorzeman' s motion: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, requesting that the City Council consider extending for six months the time period before the new City tax rate takes effect. Mr. James Layton, 5132 Canterbury Drive, Cypress, addressed the Council, request- ing that the City Council take some official action to support the location of a park on the property requested by the Cypress Bible Baptist Church. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to direct the City ~Ianager to communicate with the Cypress Park and Recreation District concerning its plan for a park in the subject vicinity. ADJOURN~ENT'.~ There being no further business to come before the City Council, the Mayor declared the meeting adjourned at the hour of 11:17 p.m. ATTEST: August 24, 1964