Minutes 64-09-28INDEXED,
MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
September 28, 1964
The City Council of the City of Cypress held a regular meeting on September 28,
1964, in the City Council Chambers, 9471 South Walker Street, Cypress,
California, at 7:30 p.m., Mayor Frank P. Nee presiding.
PRESENT:
ABSENT:
Kanel, HcCarney, Wright, and Nee
Corzeman
Also present we re Administrative Assistant Darrell Dalton; City Attorney
H. Rodger flowell; Deputy City Clerk Dorothy Jones; Public Works Director
Harold Neu; and Police Chief O. C. Foster.
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimnusly carried, to approve the September 14, 1964, City Council minutes
as mailed.
ORAL COMMUNICATIONS:
Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, requesting
that the City Council consider adopting m~ Ordinance to give the Police
Department more authority concerning motorcycle riding on residential streets.
Mrs. Carl Lucken, 5652 Lime Avenue, Cypress, addressed the Council concerning
the street sweeping service in the City, re~uesting that the Street Sweeper
be asked to travel at a slower speed while cleaning the streets and that the
City notify the residents of the days the street sweeper will clean the
streets in order that the automobiles may be removed from the street. The
Administrative Assistant stated that perhaps in the next City Newsletter a
schedule could be given of the street sweeping days. The Public Works
Director advised Mrs. Lucken that his Department periodically checks the work
of the street sweeper to assure the citizens that best possible service.
CONTINUATION OF PUBLIC [~ARING ,RE: ZONE CHANGE NO. Z-112; A. VAN KLAV,EREN:
The Mayor announced this was the time and place for the continuation of 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 corner of Orange
Avenue and Valley View Street, requested by A. Van Klaveren, 9591 Valley View
Street, Cypress, California, kno~m as Zone Change No. Z-112.
A communication was presented dated September 25, 1964, from Mr. A. Van Klaveren
applicant, requesting withdrawal of his request for Zone Change No. Z-112 and
asking for the right to refile within six months.
There being no further written communications and no oral protests, the Mayor
declared the Public Hearing closed.
The Council was advised that the original Staff recommendation concerning this
zone change was for denial based on the size of the property; however, the
Staff's re commendation would now be to grant the request of the applicant for
withdrawal.
Following discussion, it was moved by Councilman Kanel, seconded by Councilman
Wright, and unanimously~carried, to accept the recommendation of the Staff and
grm~t the request of Mr. Van Klaveren for withdrawal of Zone Change No. Z-112,
w~th the right to refile within six months. The following roll call vote
was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCII~EN:
ABSENT: 1 COUNCILMEN:
Kanel~ McCarney, Wright, and Nee
None
C~rzeman
September 28, 1964
COMMUNICATION FROM CITY OF GARDEN GROVE RE: LEGISLATION ELIMINATING SALES TAX
ON ITEMS PURCHASED BY CALIFORNIA POLITICAL SUBDIVISIONS: A communication was
presented dated Septemaber 15, 1964, from the City of Garden Grove, requesting
the City Council to support a resolution of the City of Garden Grove which
requests Assemblymen and the State Senator from Orange County to introduce
legislation eliminating the State Sales Tax on capital ~tems purchased by
California public agencies.
Following a brief discussion, it was moved by Councilman Wright, seconded by
Councilman ~cCarney, and unanimously carried, to instruct the City Manager to
communicate with the League of California Cities, requesting that a study on
this matter be made to d~rmine the effect of such legislation.
REQUEST FOR CITY COUNCIL RESOLUTION ON CYPRESS PARK AND RECREATION BOND ISSUE:
A verbal request was presented from Mr. A. E. Arnold, Manager of the Cypress
Park and Recreation District for the Cypress City Council to adopt a resolution
in support of the one million dollar Park and Recreation Bond which will be
voted upon at the November 3rd General Election.
Also presented was a report from the City Manager which stated that the Park
District information submitted to the City contains :eneral information
regarding the possible purchase of a 15-acre conmunity site and several
smaller sites adjacent to schools within the City of Cypress. The report
further suggested that in order for the City Council to formulate an opinion on
the proposed bond issue, the Park District Officials should be requested to
submit additional information which could be reviewed by the members of the
Council.
The Administrative Assistant summarized the Park District's Arguments in favor
of the Park and Recreation Bond Proposal.
Councilman McCarney inquired concerning the amount of tax increase if the bond
were passed.
Mr. Charles Bryant, Director of the Cypress Park and Recreation District,
addressed the Council, explaining the assessed valuation of ~he Park District
and the amount of increase in taxes if the Bond issue were passed.
Mr. Bryant further explained that the money raised from the bond issue would
be for acquisition of land and improvements thereto only. Mr. Bryant
pointed out the general areas proposed for acquisition in the City of Cypress.
Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council, asking
about a proposed California Park and Recreation Bond Issue. Mr. Bryant advised
Mr. Doerr that the Cypress Park District does not qualify for the funds from
this California Bond Issue, as these funds are for harbors, beaches, and
Regional Parks.
Councilman Kanel inquired as to why the request for City Council support of the
Bond issue had come from the Park Manager ~ather than the Board of Supervisors.
Mr. Vincent I.. Devaney, 4532 Marion Avenue, Cypress, addressed the Council
in answer to COunCilman Kanel's question, stating that he feels this is
concern of the Cypress citizens rather than of the Board of Supervisors.
Following further discussion, it was moved by Councilman Wright, seconded by
Councilman McCarney, and unanimously carried, to concur with the efforts
of the Park and Recreation District to promote Park and Recreation facilities
in the community. The following roll call vote was taken;
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
It was further moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried to authorize the City Manger to communicate with the Park
and Recreation District officials for a joint meeting to be held with the City
Council and Planning Commisison and other interested parties to completely
analyze the Park bond proposal in order to justify the City's position on this
matter.
September 28, 1964
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
COMMUNICATION FROM ROBERT H. GRANT AND COMPANY RE: REIMBURSEMENT AGREEMENT FOR
ROSE ~NN. CIRCLE IN TRACT NO. 4752: A communication was presented dated
September 14, 1964, from the Robert H. Grant Company requesting that the City
Council instruct the City Attorney to prepare an agreement for the
reimbursement of costs incurred on Rose Ann Circle for the additional ten
feet which was improved in conjunction with the street improvements in Tract
No. 4752. The total amount requested is $4,571.94, and it is proposed that
the City would issue a Reimbursement Agreement which would require the property
owner on the east side of Rose Ann Circle to advance these mnnies at the time
the property is developed.
The City Attorney advised that the agreement is ready with the exception of
verifying the amount of money. Following discussion, it was moved by
Councilman Wright, seconded by Councilman b~cCarney, and unanimously carried,
to continue consideration of this Agreement until the next regular City Council
meeting.
COMMUNICATION FROM LOS ANGELES REGIONAL TRANSPORTATION STUDY ADVISORY COMMITTEE
AND METROPOLITAN TRANSPORTATION ENGINEERING BOARD RE: AGREEMEN~ FOR
TRANSPORTATION PLANNING STUDIES IN THE LOS ANGELES REGIONAL TRANSPORTATION
STUDY AREA: The Administrative Assistant stated that at the City Council
meeting of September 14, 1964, the Council had referred communications from the
Los AnReles Regional Transportation Study Committee and the Metropolitan
Transportation Engineering Board to the staff for further study and recommenda-
tion. As a result of a County-wide meeting of Planners and Engineers, the Staff
has recommended approval ~ the -Agreement submitted for establishment of an
area-wide Coordinatin~ Committee, a Regional Council of Engineering to continue
with the study of area transportation problems.
The Administrative Assistant further stated that the City Attorney has noted
a discrepancy in the Agreement, as one section indicates that there will be
no requirement for City funds for the studies, and ~eother section implies that
perhaps the City would be requested to submit funds.
The City Attorney recommended that the Agreement be approved subject to
clarification of the above-mentioned discrepancy.
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, to adopt the following Resolution and instruct the City
Manager to notify the Los Angeles Regional Transportation Study Committee that
the City will provide no funds for the transportation studies without prior
City Council approval. The title of the resolution is as follows:
RESOLUTION NO. 522
A RESOLUTION OF THE CITY CUUNCIL OF THE CITY OF CYPRESS RATIFYING
THE AGREEMENT BETWEEN THE DEPARTMENT OF PUBLIC WORKS OF THE STATE
OF CALIFORNIA, COUNTIES OF LOS ANGELES, OR~iNGE, SAN BERNARDINO,
RIVERSIDE, VENTURA~ SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT,
RATIFYING CITIES, ET. AL
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILEMN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
REQUEST FROM ORANGE COUNTY CLERK'S OFFICE FOR THE USE OF CITY HALL FACILITIES FOR
NOVEMBER GENERAL ELECTION: A request Gas presented from the Orange County
Clerk's Office for the use of the City Hall facilities for the November 3rd
General Election.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to grant the request for the use of the City Hall for the
November 3, 1964, General Election.
September 28, 1964
COMMUNICATION FROM CYPRESS-COUNTY WATER DISTRICT RE: PROPOSAL FOR LEASE OF
WATER DISTRICT FACILITIES TO CITY OF CYPRESS: The Administrative Assistant
presented a communication dated September 24, 1964, from the Cypress-County
Water District indicating that the Water District Board of DirectOrS has
agreed that a new lease be drawn providing for a month-to-month lease for use
of the Cypress County Water District Building, revokehie upon 30-days
written notice by eider party at a monthly rental of $50.00 per month
regardless of the number of meetings.
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, to authorize the City Manger to notify the Cypress-
County Water District Board of Directors that the City has no objection to the
proposal for leasing of the Cypress-County Water District Building for Planning
Commission and City Council meetings, and request that they prepare the
necessary agreements to finalize this matter. The following roll call vote
was taken:
AYES: 4 COUNCILMEN
NOES: 0 COUNCILMEN
ABSENT: 1 COUNCILMEN
Kanel, McCarney, Wright, and Noe
None
Gorzeman
COMMUNICATION FROM CITY AUDITORS SUBMITTING AUDIT REPORT FOR FISCAL YEAR ENDING
JUNE 30~ 1964: The Administrative Assistant presented the Audit Report for
the fiscal year ending June 30, 1964, as submitted by City A~ditors Diehi,
Evans, and Company.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, this Audit Report be received and filed.
APPOINTMENT OF PLANNING COMMISSIONER: The Administrative Assistant presented
a report that the Planning Commission terms of Mr. A. G. Garcia and Mr. Leo
Baroldi have officially expired as of September 12, 1964.
Mayor Noe stated that two written applications have been received for the
position of Planning Commissioner~ and that one of the former Planning
Commissioners ~ose term had expired has requested reappointment. Mayor Noe
further stated that he would like to appoint Mr. Leo Baroldi for the position
of Planning Commissioner to expire on August 5, 1967, and that he would like
to continue the appointment of the second Planning CommBsia~ until such time
as a City Newsletter is published advertising the vacancy on the Planning
Commission.
It was moved by Councilman Wright and seconded by Councilman McCarney, to
concur with the Mayor~s appointment of Mr. Leo Baroldi to the position of
Planning Commissioner, said appointment to expire on August 5, 1967.
Prior to voting on this motion, Councilman Kanel requested discussiun~ stating
that he feels it is wise to submit information to all residents of the City
concerning the vacancy, and since he feels that there had not been sufficient
information given at thi~ time, he will abstain on voting on Councilman
Wright~s motion.
The following roll call vote was taken on Councilman Wright~s motion to concur
with the Mayor's appointment of Mr. Leo Baroldi:
AYES: 3 COUNCILMEN: McCarney, Wright, and Noe
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Gorzeman
ABSTAINED:i COUNCILMEN: Kanel
REPORT FROM CITY ENGINEER RE: DESIGNATION OF A SELECT SYSTEM OF CITY STREETS
IN CYPRESS: A report dated September 28, 1964, was presented from the City
Engineer, stating that in accordance with the provisions of the Collier-Unruh
Local Transportation Development Act, a map and report have been prepared
designating a Select System of City Streets. Upon adoption of this Select
System for Cypress, the City becomes eligible for the additional monies from
the Highway Users taxes and fees provided by the Ac~.
September 28, 1964
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to authorize the City Engineer to submit the map and
report to the State Highway Commission for approval and to approve the
following Resolution, title as follows:
RESOLUTION NO. 519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING
MAP AND REPORT OF ROUTES FOR SELECT SYSTEM AND REQUESTING THAT
SUCH SYSTEM BE APPROVED BY THE CALIFORNIA HIGHWAY COMMISSION.
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
AB SENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
RE.PORT FROM C~Ty ~N~!NE~R RE: CERTIF~C~T~p~. OF ~IGHT~pF-~AY' .~0 SHE ORANGE COUNTY
ROAD ¢OM~.I.SSIONER RE: VALLEY VIEW .kND CERRITOS: A report dated September 24,
f9'6'4', was presented from t'he"di'ty Engineer stating that as a condition of
approval to award a contract for construction of Arterial Highway Financing
Project No. 255 at Valley View and Cerritos, it will be necessary to submit a
statement to the Road Commissioner that all right-of-way necessary for this
project has been obtained.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to authorize the City Clerk to sign the Certification of
Right-of-Way on behalf of the City of Cypress.
S~PPLEM~N.TAL REP.ORT RE: AMENDMENTS TO THE ZO.NING Q~DIN.AN, CE: A report dated
September 23, 1964, was presented 'fr'om the Administrative Assistant concerning
tim three proposed amendments to the Zoning Ordinance which were held over at
the last City Council meeting for further study.
The Administrative Assistant recommended that these three items be referred
back to the Planning Commission since after further study the Staff recommends
changes to the amendments originally adopted by the Planning Commission.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to refer the following proposed amendments to the Zoning
Ordinance back to the Planning Commission for further study: (1) Regulations
concerning side yard of corner lots which abut front yard of adjacent lot
(2) All parking spaces must be striped and maintained to designate parking
stalls (3) All existing parking lots be paved. The following roll call vote
was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
EASEMENT p~ .FRQM JAMES. A,.AND GRACE E, DAVIS. NORTHEAST CORNER QF NEWMAN AND
GRAHAM: A report dated September 24, 1964, was presented from the City Manager~
stating that the City has rece ived an easenmnt deed from James A, and Grace E.
Davis for a sidewalk corner landing area at the northeast corner of Newman and
Graham Streets.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to accept the easement deed from James A. and Grace E.
Davis, and authorize the City Clerk to submit the deed to the County for
recordation. The following roll call vote was taken:
AYES: 4 COUNCILMEN: Kanel, McCarney, Wright,
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCIL~EN: Gorzeman
and Noe
September 28, 1964
CO~mLETION OF REDp~AT..IpN' .I.MPROV~.MENT~,...~.6A1 LINCQ~N AVE~, .~p. CTOR ANDERSON:
A report dated September 24~ 1964, was presented from the City Manager concerning
completion of relocation improvements for a building relocated at 5641 Lincoln
Avenue, Cypress, As the required improvements have not been completed to date,
the Court has granted a Judgment for the City to proceed with the completion of
the building. The City Attorney has further advised that the City may proceed
not only to complete the building, but to construct the off-site improvements of
curb, gutter, and sidewalk, for which a cash bond of $140,00 has been deposited
with the City. The costs over and above this $140.00 bond amount may be placed
as a lien against the property and collected on the following year's tax levy.
Mayor Noe stated that the property to the east and west of the subject relocation
does not have curbs and sidewalks, and inquired about the possibility of having
such improvements installed in these locations also. The Public Works Director
advised that the City could encourage the property owenrs on either side of
5641 Lincoln Avenue to proceed with the installation of curbs and sidewalks.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to authorize the City Manager and Building Superintendent
to proceed to enforce the Court Judgment for the completion of the building and
further proceed with the necessary contracts to install the off-site
improvements of curb, gutter, and sidewalk, using the cash deposit and placing
the remaining charges as a lien against the property; and further to instruct the
Public Works Director to encourage the property owners on either side of
Dr. Anderson's building to proceed with the installation of curb and sidewalks.
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
NOne
Gorzeman
ACCEPTANCE OF CERRITOS AVENUE S%ORM DRAIN: A report dated September 24, 1964,
was presented from the City Manager, stating that the storm drain pipe required
in Drainage District 3-B installed along the north side of Cerritos Avenue has
been completed. This storm drain, which begins 462 feet west of Moody and
extends to the westerly City limits at Bloomfield, was cnnstructed through Joint
agreement with the Robert H. Grant Company, the Lutheran Church, N. T. & T.
Properties, and Midwood Development Company. The Public Works Department has
completed all inspections on the storm drain and it is found to be acceptable.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to accept the storm drain pipe installation on the north
side of Cerritos from 462 feet west of Moody Street ~enterline to the westerly
City limits at Bloomfield Street. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCIIJ. PEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
AGREEMENT WITH TITLE INSURANCE AND TRUST COMPANY FOR STREET IMPROVEMENTS IN
TRACT NO. 5044: A report dated September 24, 1964, was presented from the
City Manager stating that following approval of the final map for Tract No, 5044
developed by the Robert H. Grant Company on Valley View between Cerritos and
Ball Road, it was discovered that theTitle Insurance and Trust Compnnyh~d made
an error in the amount of property which was actually owned by the Grant Company.
The Title Insurance and Trust Company, in order to rectify the mistake , was
required to purchase additional property from the Grant Company and has prepared
an Agreement to guarantee the installation of the required street improvements
at the time the adjacent school property is developed. The City Attorney has
reviewed the subject Agreement and has indicated that it will obligate the
Title Insurance and Trust Company to install the required street improvements.
Following discussion concerning the costs involved if the Title Insurance and
Trust Company were required to post bonds, it was moved by Councilman McCarney,
seconded by Councilman Wright, and unanimously carried, to approve the Agreement
between the City of Cypress and the Title Insurance Company and authorize the
Mayor to sign and City Clerk to attest the subject Agreement. The following
roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: i COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
September 28, 1964
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS. TRACT NO. 5044. ROBERT H.
GRANT AND COMPANY: A report dated September 24, 1964, was presented from the
City Manager stating that the Robert H. Grant Company has requested the City to
accept the improvements and release the bonds on Tract No. 5044. As indicated
in the previous Council action, there is an area of 43 feet on the west side of
the subject tract which is not improved due to the property title confusion.
With the approval of the Agreement with the Title Insurance and Trust Company,
these improvements will be guaranteed. The remainder of the tract has been
inspected by the Public Works Department and found to be satisfactory.
It was moved by Councilman Kanel, seconded by Councilman McCarney, and
unanimously carried, to accept the subject improvements and authorize the
re l~se of the bonds upon the execution of the Agreement with the Title
Insurance and Trust Company for the street improvements for the westerly 43
feet of the subject tract. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
REQUEST FOR REFUND OF FEESt TRACT NO. 5353t SHERMORE CORPORATION: A report
dated September 24, 1964, was presented from the City Manager, stating that
a request has been received from Mr. Sherman R. Whitmore and Mr. Don B.
Christeson for a refund of the fees paid for the development of Tract No. 5353,
located east of Moody, south of Lincoln, inaanuch as there is no plan for
immediate development of this tract.
The Public Works Dire ctor recommends that the City not refund the final map fee
of $96.00 inasmuch as the Engineering Department did review and complete the
map for recordation. The Public Works Director also reconmends that one-third
of the Engineerin~ and Inspection fees be withheld from reimbursement since the
staff spent time in the processing and reviewing of the subject development.
Mr. Sherman R. ~itmore, developer of the proposed tract, addressed the Council,
explaining why the tract will not be developed at this t ime~ and further stated
tha{ at such time as development of Tract No. 5353 does proceed, all of the
necessary fees will be paid.
It was moved by Councilman McCarney, seconded by Councilman Kane 1, and
unanimously carried, to authorize the refund of $6,596.70 to Sherman R. Whitmore
and Don B. Christeson for fees prepaid for Tract No. 5353. The following roll
call vote was t~ken:
AYES: 4 COlIN CILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILHLN:
Kanel, ~{cCarney, Wright, and Noe
None
Gorzeman
REDUCTION IN BOND REQUIREMENTS FOR TRACT NO. 4398~ TWAITS-WITTENBERG COMPANY:
A report dated September 24, 1964, was presented from the City Manager, stating
that the Twaits-Wittenberg Company has requested that the City Council release
the existing bonds on Tract No. 4398, as well as the bonds put up by lturley
Contracting Corporation for this tract.
The Twaits-Wittenberg Company has forwarded a smaller bond of $15~000 which
would guarantee the final construction of Esther Street, which is not complete
due to the location of a Sales Office, and any other final repaird which may be
required on other existing streets and the final installation of street trees and
survey monuments following the final sale of the houses. This new bond would
be released upon final acceptance of the tract.
It was moved by Councilman Kanel, seconded byCouncilman Wright, and
unanimously carried, to exonerate Bonds Nos. 8016-77-92, 8016-77-93, and
8016-78-61 from the Twaits-Wittenberg Company and Bond Nos. 055357 and 055358
from Hurley Construction Corporation, and substitute the $15,000 bond for
csnpletion of the work. The following roll call vote was taken:
AYES: 4 COUNCID~EN:
NOES: 0 COUNCILMEN
ABSENT: 1 COUNCILMEN
Kanel, McCarney, Wright, and Noe
None
Gorzeman
September 28, 1964
AUTHORIZATION TO ADVERTISE FOR BIDS FOR POLICE VEHICLES: A report dated
September 24, 1964, was presented from the City Manager, stating that the 1964-~5
budget contains an appropriation for the purchase of five new police vehicles,
three of which are to be replacements of the existing vehicles, one new plain
detective car, and an additional black and white car to be use by the
additional Policemen authorized in the budget. The Police Chief has requested
that theCity Council authorize the advertisment of bids for the additional
black and white car and the plain detective car so that they will be available
for the additional officers upon completion of their Police Academy training.
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, to authorize the City Clerk to proceed with the
advertisement for bids for the purchase of two Police Vehicles. The following
roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCII2~EN:
Kanel, ~{cCarney, Wright, and Noe
None
Gorzeman
APPROVAL OF LIBRARY PLANS AND SPECIFICATIONS kND AUTHORIZATION TO ADVERTISE
FOR BIDS: A report dated September 24, 1964, was presented from the City
Manager, stating that the final plans and specifications have been completed by
Architect Donald Forker, for the library to be located at the southwest comer
of PIoody and Myra and c~ll for return of the bid proposals by October 21, 1964.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to approve the Plans and Specifications as prepared by
Donald Forker, Architect, and authorize the City Clerk to advertise for bids
for construction of the library building. The following roll call vote was
taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
ADMENDMENT TO ORDINANCE NO. 83, ADMISSIONS TAX ORDINANCE: A report dated
September 25, 1964, was presented from the City Manager, stating that during
the recent audit of the Race Track adnission tax revenues, a discrepancy was
noted in the tax being submitted to the City under Section "g" of Ordinance
No. 83 relating to the amount to be charged for season box seats. The Race
Track officials have requested that the City Council consider an amendment to the
Admissions Tax Ordinance to allow the Race Track to continue to collect the
tax as has been done in the past. To make up for the loss of revenue from this
change, the Race Track officials have indicated ~at the City may wish to
consider increasing the tax on free passes an additional 5¢ making the total
tax 20C.
The staff recommended that only the change concerning the season box seats be
made at this time since the tickets had already been printed by the race track,
and that no change be made on the free pasaes until after January 1, 1965.
Following discussion the City Council concurred in the suggestion of Councilman
Wright that both amendments to the admission tax Ordinance be included at this
time, however, the section of the Ordinance relatin~ to the 5 cent tax increase
on free passes not be effective until January 1, 1965.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE. NO.
AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 83,
PROVIDING FOR THE LEVY AND COLLECTION OF AN ADMISSION TAX AND
PENALTIES FOR VIOLATION THEREOF
Councilman Kanel inquired about the status of the monies which were not collected
from the Race Track due to the different method of computing the tax to be
charged on season box seats. The Administrative AsSistant advised that the Race
Track would be charged for the amount not paid to the City in the past.
Sept~ber 28, 1964
It was moved by Councilman Kanel, seconded by Councilman ~cCarney, and
unanimously carried~ this Ordinance pass its first reading. Tbe following
roll call vote was taken:
AYES: 4 COUNCILMEN: Kanel, McCarney, Wright,
NOES: 0 COUNCIL~ZN: None
ABSENT: 1 COUNCILMEN: Gorzeman
and Noe
MONTHLY ACTIVITY REPORT FOR AUGUST 1964: It was moved by Councilman Wright,
seconded by Councilman McCarney, and unanimously carried, the Monthly Activity
Report for ~gust 1964, be received and filed.
FIRST READING ORDINANCE RE: PARKING LOT REQUIREMENTS: The Administrative
Assistant presented an Ordinance prepared by the City Attorney at the request
of the City Council concerning Parking Lot Requirements.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be read by title only, title as
follows:
ORDINANCE NO.
AN ORDINANCE OF TIlE CITY OF CYPRESS AF~NDING ORDINANCE NO. 126,
AN ORDINANCE ADOPTING THE UNIFORM BUILDING CODE, 1961 EDITION,
BE ADDING TtLERETO, SECTION 1713 WIIICH RELATES TO AUTOMOBILE
PARKING AREAS AND APPURTENANCES THERETO
Mr. Robert Kay, representing the Robert tt. Grant Company, addressed the Council
stating tbat he would like to protest the adoption of this Ordinance, as he
feels it is an encroachment on private property be a public agency.
It was moved by Cdun~c~tman McCarney, seconded by Councilman Wright, and carried,
this Ordinance pass its first reading. The following roll call vote was taken:
AYES: 3 COUNCILMEN: Kanel, McCarney, and Wright
NOES: 1 COUNCIL~N: Noe
ABSENT: 1 COUNCILMEN: Gorzeman
SECOND READING ORDINANCE ~MENDING ORDINANCE NO. 77~ SUBDIVISION ORDINANCE~
RE: DRAINAGE FEES: It was moved by Councilman ~Carney, seconded by Councilman
Wright, and unanimously carried, the following Ordinance be adopted, title
as follows:
ORDINANCE NO. 220
AN ORDINANCE AMENDING ORDINANCE NO. 77, AS A~INDED, THE SUBDIVISION
ORDINANCE OF THE CITY OF CYPRESS, REGARDING DRAINAGE FEES IN DRAINAGE
DISTRICTS 3-I, 3-S~ 3-Q~ and 3-SQ
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCIIJIEN:
ABSENT: I COUNCID~N:
Kanel, ~IcCarney, Wright, and Noe
None
G~r~eman
SECOND P~ADING ORDINANCE REPEALING ORDINANCE NO. 173: The Ajministrative
Assistant presented the Ordinance Repealing the Ordinance establishing a
~-Iunicipal Water Depar~nent.
The City Attorney stated that he has received a corm~unication from the
attorneys for the Southern California Water Company concerning the dismissal of
the pending law suits against the City, and as a result of these communications he
would recommend the second reading of the proposed Ordinance be continued.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, the second reading of this Ordinance be continued.
following roll call vote was taken:
The
AYES: 4 COUNCIL~/ZN: Kanel, UcCarneV, Wright,
NOES: 0 COUNCID~EN: None
ABSENT: 1 COUNCIIJ~EN: Gorzeman
and Moe
September 28, 1964
SECOND READING ORDINANCE AMENDING ORDINANCE NO. 901 THE ZONING ORDINANCE:
It was moved by Cnuncilman Wright, seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be adopted, title as follows:
ORDINANCE NO. 221
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING
ORDINANCE NO. 90, THE ZONING ORDINANCE
The following roll call vote was taken:
AYES: 4 COUNCIL~IN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wr~ ht, and Noe
None
Gorzeman
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9763 THRU 9811 ~PAYROLL): It was
moved by Councilman Wright, seconded by Councilman McCarney, and unanimously
carried the following Resolution be adopted, title as follows:
RESOLUTION NO. 520
A RESOLUTION OF TtIE CITY OF CYPRESS ALLOWING CLAIMS AND DEMANDS
NOS. 9764 THRU 9811
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, HcCarney, Wright, and Noe
None
Gorzeman
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9812 THRU 9860 (COMMERCIAL WARRANTS)
It was moved by Councilman McCarney, seconded by Councilman Wright~ and
unanimously carried, the following Resolution be adopted, title as follows:
RESOLUTION NO. 521
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CLAIMS AND DEMANDS
NOS. 9812 THRU 9860
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, ~IcCarney, Wright, and Noe
None
Gorzeman
CIVIC CENTER DEVELOPMENT COMMITTEE MEETING: The Adninistrative Assistant
advised that the first meeting of the Civic Center Development Co,,~lttee would
be held on Tuesday evening, October 6, 1964, at 7:30 p.m.
CITY COUNCIL [~ETING OF OCTOBER 12! 1964~ LEGAL HOLIDAY: The Administrative
Assistant advised the Council that the next regularly scheduled meeting falls
on Columbus Day, a legal holiday; therefore the meeting would have to be held
on the following day, October 13, 1964.
Discussion was held concerning the possibility of not holding a meeting on
October 13, 1964, due to the League of California Cities Annual Conference
being held at that time.
Following discussion, it was moved by Councilman Wright, seconded by Councilman
McCarney, and unanimously carried, that the City Council will probably not hold
a regular meeting on October 13, 1964, due to conflict of other meetings. The
following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCID~EN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
September 28, 1964
STATUS OF ACTION ON USE VARIANCE NO. U. V. 117: Councilman Kanel inquired of
the City Attorney concerning the status of the action against Use Variance No.
117. The City Attorney advised that he had filed a ~a~datory inJunction£or
October 9, 1964.
STATUS OF SUIT FOR DELINQUENT BUSINESS LICENSES: Councilman Kanel inquired
concerning the status of the law suit for the delinquent business licenses.
The City Attorney advised that defaults are being entered against those
businesses involved, and a report should be presented at the next City Council
meeting.
ORAL COMMUNICATIONS:
Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council, inquiring
of the Police Chief concerning possible policing problems which might be created
by ~he additional parks proposed in the City. The Police Chief advised that
statistics show that there are less probl~ns with children in parks than if they
are playing in the streets.
Mrs. Anthony Nieto, 5191 Canterbury Drive, Cypress, addressed the Council,
concerning the fact that two of the City Council members are on the Cypress
County Water District Board, and asked what would happen if the remaining
members of the Council were in disagreement and had to vote on some action
concerning the Cypress-County Water District.
Mayor Noe advised Mrs. Nieto that such a situation had never occurred. The
Administrative Assistant stated that it would only take a majority of those
voting on an action to constitute a quorum except on adoption of ordinances.
Councilman Kanel stated that he feels that since the City is engaged in legal
action against Mr. A. G. Garcia, that he should not serve on the Cypress Civic
Center Development Committee. Councilman Kanel made a motion that Mr. Garcia
be deleted from the Civic Center Development Committee membership~ however,
the motion died for lack of a second.
ADJOUP~NMENT:
There being no further business to come before the City Council~ the Mayor
declared the meeting adjourned at the hour of 9:22 p.m.
ATTEST:
CITY CLE~
September 28, 1964