HomeMy WebLinkAboutMinutes 65-01-25MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
January 25, 1965
The Cypress City Council held a regular meeting on January 25, 1965, in the
City Council Chambers, 5311 Orange Avenue, Cypress, California, at 7130 p.m.,
Mayor Frank P. Noe presiding.
PRESENT: Gorzeman, Kanel, McCarney, Wright, and Noe
ABSENT: None
Also present were City Manager/City Clerk Dartell Essex; City Attorney James
Erickson; Secretary of the Planning Commission Dartell Dalton; Public Works
Director Harold Neu; Police Chief O. C, Poster; Building Superintendent Thomas
Nudson; and Assistant Planner George Putnam.
MINUTES:
It was moved by Councilman Wright and seconded by Councilman Kanel to approve
the minutes of January 11, 1965, as mailed; however prior to voting discussion
was held concerning the motion recorded on Page 6 of the minutes concerning the
live entertainment permit for the Body Shop. Councilman Kanel withdrew his
second to the above motion, and Councilman Wright withdrew the motion.
It was moved by Councilman Wright, seconded by Councilman Gorzoman, and
unanimously carried, to approve the minutes of January 11, 1965, as mailed with
the followiDg correction on Page 61 Condition No. 2 of the motion approving
the granting of a Live Entertainment Permit should read: "2. That there be no
solo performances including dancing and limbo exhibitions."
ORAL COMMUNICATIONS:
Mr. L.J. MacBrides President of the Cypress Chamber of C~mnerc~, addressed the
Council, stating that the Chamber is becoming more active and encouraging
commercial and industrial development in the City, which has created a need for
office space. Mr. MacBride requested the Council to consider allowing the
Chanber of Cu.m~erce and Junior Chamber of C~mnerce to use the Council Chambers
building on a temporary basis for office space.
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, to direct the staff to investigate this request for use
of the City Council Chambers for office purposes, and report back at the next
City Council meeting.
PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90, SECTION 117.3 RE:
MININUN BUILDING SITE AND LOT WIDTH: The Mayor announced this was the time and
place to consider a proposed amendment to the Zoning Ordinance No, 90, Section
117.3 '~IND~UM BUILDING SITE AND LOT WIDTH REQUIRED", to change the requirement
that a planned unit has to be a minimum of ~enty (20) acres for total
development to a requirement of Ten(10) acres.
The City Manager read Planning Connuission Resolution No. 231, recommending
approval of the subject amendment to the Zoning Ordinance.
The Mayor declared the Public Hearing open and asked if anyone in the audience
wished to speak for or against the proposed amendment.
There being no oral protests and no written communications, the Mayor declared
the public hearing closed,
Hr. Leonard Cerkin, representing the Larwin Company, addressed the Council,
inquiring as to the reason for the proposed amendment. The City Manager
stated that the change was required in order te provide for proper development
of several parcels of property which are less than 20 acres but adaptable to
Planned Development.
January 25, 1965
It was moved by Councilman McCarneys seconded by Councilman Gorz~nan, and
unanimously carried, the following Ordinance be read by titleonly, title as
follows:
ORDINANCE NO, 243
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90s THE ZONING OPd)INANCEs SECTION
117.3s '~iINIMUM BUILDING SITE AND LOT WIDTH REQUIRED"
(P-D, PLANNED DEVELOPMENT ZONE)
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, this Ordinance pass its first reading. The following
roll call vote was taken:
AYES: 5 COUNCILM~lq:
NOES: 0 COUNCII2iEN:
ABSENT: 0 COUNCILMENI
Gorzemans Kanel, McCarney, Wright, sad Noe
None
None
PUBLIC HEARING RE~ AMENDMENT TO SUBDIVISION ORDINANCE REI UNDERGROUND UTILITIES:
The Mayor announced this was trine and place to consider a proposed amendment
to the Subdivision Ordinance No. 77 requiring underground utilities on all
new subdivisions.
The City Manager read Planning Con~nission Resolution No. 233, rec~a~ending
approval of the proposed amendment.
The Mayor declared the Public Hearing open and asked if anyone in the audience
wished to speak for or against the proposed amendment.
Mr. Leonard Gerkin, representing the Larwin Company, addressed the Council,
stating that his Company has been working closely with the Home Builders
Association and Edison Company, trying to resolve a uniform procedure with
reference to underground utilities. Mr. Getkin requested the Council to post-
pone consideration of this matter for 90 days for further study by the Edison
Company and the Home Builders Association,
The City Manager advised the Council that neither the Edison Company nor the
Home Builders Association had sent communications requesting postponement.
Mr. Getkin indicated that he was not speaking on behalf of the Edison Companys
but had been requested by the Home Builders AssoCiation to ask for this
extension of time,
There being no further oral protests and no written c~m,unicationss the Mayor
declared the Public Heatring closed.
It was moved by Councihnan McCarneyrand seconded by Councilman Wright, to
read by title only an Ordinance approving the proposed amendment to the Sub-
division Ordinance. Prior to Voting on this motions discussion was held con-
earning the requirement for undergrouad utilities. The Secretary of the
Planning Commission stated that the amendmeut was worded in such a manner that
the requirement for undergrouv~ utilities can be waived under certain conditions.
Discussion was also held concerning the cost of underground utilities as
compared to standard overhead utilities, with particular reference to development
of small parcels. The Secretary of the Planning Commission indicated thatthe
cost is not a great deal more for underground utilities, and further stated that
he foresees no problems with the mendment to the Subdivision Ordinance as
proposed.
Mayor Noe called for a vote on Councilman McCarney's motion to read by title
only an Ordinance approving the proposed amendment. The motion was unanimously
carried. The title of the Ordinance is as follows:
ORDINANCE NO, 244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE,
SECTION 5-19, IMPROVEMENTS REQUIRED, BY ADDING '~"
"UNDERGROUND UTILITIES REQUIRED"
January 25, 1965
It was moved by Councilman Wright, seconded by Councilman HcCarney, and
unanimously carried, this Ordinance pass its first reading. The following
roll call vo.te was taken:
AYES: 5 COUNCIIAMEN:
]OES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarneys Wright, and Noe
None
None
COMMUNICATION FROM PETER ~ PITCHESSe 1965 BROTHERHOOD WEEK CHA.IRMAN
PROCLAMATION OF BROTHERHOOD WEEK: The City Manager presented a c~auunication
from Peter J. Pitchess, Sheriff of Los Angeles County and 1965 Brotherhood
Week Chairman, requesting a proclamation establishing February 21-28, 1965,
as Brotherhood Week, which is annually sponsored by the National Conference of
Christians and Jews. The connnunication further requested that a Brotherhood
Week Chairman be appointed to plan observances for this special week.
It was moved by Councilman McCarney, seconded by Councilman Gorzaman, and
unanimously carried, to grant the request of Mr. Pitchess, whereupon Mayor
Noe proclaimed the week of February 21-28 as Brotherhood Week and nmned
Police Chief O. C. Foster as Brotherhood Week Chairman.
C~MUNICATION FR(t4 PUBLICITY COMMITTEE FOR CALIFORNIA COUNSELING AND G~.IDANCE
ASSOCIATION RE: PROCLAMATION OF FEBRUAR~ 2.3e. 1965e AS GUIDANCE DAY: The City
Manager presented a cwnmanication dated January 7, 1965, from Miss Carolyn
Casperson and Miss Toni Acone, Co-Chairmen of the Publicity Cormuittee for the
California Counseling and Guidance Association, requesting the City of 'Cypress
to proclaim February 23rd as Guidance Day.
Following a brief discussion concerning the purpose and membership of the
California Counseling and Guidance Association, it was moved by Councilman
McCarney seconded by Conn~ilman Gorzeman, and unanimously carried, to grant the
request of the Guidance Association, whereupon Mayor Noo proclaimed February
23, 1965 as Guidance Day in the City of Cypress,
C(I~MUNICATION FROM NOI~vUhN J. HARTFOP. De SANTA aNA REGISTER.aRE: pARTICIPATION
IN ORANG.E C~JNTY EDITION OF THE REGISTER: The City Manager ~resented a
cuum,unication from Mr. Norman J. Hartford, Department of Display Advertising
of the Santa Ana Register, requesting that the City participate in the large
Orange County edition to be published on Sunday, March 21, 1965.
it was moved by Councilman McCarneys seconded by Councilman Gorzeman, and
unanimously carried, this communication be received and filed,
COMMUNICATION FROM CHAP~ES E~ BRYANTe D~RECTOR OF THE CypRESS PARK AND
RECREATION DISTRICT RH: PERMISSI9N TO CONDUCT PARADE: The City Manager
presented a communication dated January 18, 1965, from Mr. Charles E. Bryant,
Director of the Cypress Park and Recreation District, requesting permission to
conduct a parade on Saturday, January 30, 1965, from I1:00 to 12:00 Noon. The
proposed parade will proceed from the Los Alamitos Race Track on Walker to the
Kennedy High School. The necessary law enforcement agencies have been contacted
and arrangements have been made for the control of traffic during this period
of time.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, to grant permission to conduct a parade on Saturday,
January 30, 1965, co~encing at 11:00 a.m. proceeding from the Los Alemitos
Race Track on Walker to Kennedy High School, subject to the control of traffic
by the Cypress Police Department and the submission of a certificate of
insurance namiDg the City as party to the parade insurance.
C(I,~UNICATIO. N FROM SENATOR JONN G. SCHMITZa RE: SENATE JOINT RESOLUTIONS
2,,.A~.p 3 CONCERNING REAPPORT.IONMENT: The City Manager presented a communication
from Senator John G. Sc~znitz, 35th District, Orange County, transmitting a
press release containing Senate Joint Resolutions 2 and 3, which s, mnmarize the
stand of the California Senate on the Supreme Court decision on reappo[tioement
and proposes that an amendment to the United States Constitution be enacted to
permit states having a bicameral legislature to apportion the membership of
one house on factors other than population. The communication requests the
City support these resolutions and adopt appropriate resolutions to be
submitted to the various legislators.
January 25, 1965
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, this connunication be received and filedo
COMMUNICA~.ION FROM MR. ~.~M~.R L. MC CO.RM.I.CK, REPRESENTING FIRM OF..~.U.TAN & TUCKER,
EXPRES.SING APPRECIATION TO CITY STAF.F RE: SHEEEMORE LAW SUIT: The City
Manager presented a communication dated January 25, 1965, from Mr. Homer L.
McCormick, representing the City Attorney's Office, stating that the suit
against the City by the Sheremote Corporation had resulted in a Judgment in favor
of the City of Cypress and against the Sheremote Corporation, The cu~..afcation
further expressed appreciation to the members of the City staff for their
cooperation in the case. The City Manager commended Mr. McCormick, and other
members of the City Attorney's Office, on the manner in which the City's case
was defended.
It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and
unanimously carried, this communication be received and filed.
ADDITmNAL STUDIES .RE: , ZOO. CX .G.E NO. TO a-C {VAN. REIGN): A
report dated January 21, 1965, was presented from the City Manager, stating that
at its regular meeting of December 14, 1964, the City Council had continued
the second readin~ of an Ordinance granting Zone Change No. Z-121, which is a
change from M-1 (Light Manufacturing) to H-C (Highway CuL~.,ercial), generally
located at the southeast corner of Lincoln and Bloomfleld, as requested by
Peter and Mary Van Ruiten.
The report indicated that there would be very little difference in the drainage
requirements between the uses allowable in the H-C zone and those allowed in the
M-1 zone. The report further indicated that although the permanent drainage
solution may be delayed until further development in the area occurred,
temporary solutions could be utilized which would allow development of highway
cu...ercial uses on the subject property.
It was moved by Councilman McCarney, and seconded by Councilman Gorzeman, to
read by title only! an Ordinance approving Zone Change No. Z-121, however prior
to voting on this motion, discussion was held.
Councilman Kanel stated that he is not certain whether H-C is the proper
zoning for the subject area and feels that further study is needed prior to
holding the second reading of an Ordinance granting the zone change.
The following roll call vote was taken on Councilman McCarney's motion to read
by title only an Ordinance approviag Zone Change No. Z-1211
AYES: 4 COUNCILMEN:
NOES: I COUNCI~IEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, McCarney, Wright~ and Non
Kane 1
None
Due to the lack of a unanimous vote the City Manager was required to read in
full Ordinance No. 242, title of which is as follows:
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING
THE ZONE OF A CERTAIN PARCEL OF LAND FROM M-1 (LIGHT MANT
UFACTURING) TO H-C (HIGHWAY COMMERCIAL) ZONE CHANGE NO.
Z-121 (PETE & MARY VAN RUITEN)
It was moved by Councilman McCarney, seconded by Councilman Gorzenans and
carried, this Ordinance be adopted. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 1 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, McCarney, Wright, and Non
Kanel
None
CIVIC CENTER COMMITTEE REPORT: A report dated January 21, 1965, was presented
from the City Manager, stating that the Civic Center Development Committee,under
the chairmanship of Mr. A. E. Arnold, has completed its studies of priorities
for civic center facilities development and method of finance, as requested by
the City Council in the ~pointment of the Committee at the regular meeting of
August 24, 1964,
January 25, 1965
The City Manager summarized the Civic Center C~.~.,kittee recommendations, which
establish an immediate priority for the construction of City Council Chambers,
City Hall, and Police and Service Buildings and recommend the use of the
lease-back method of financing.
It was moved by Councilman Kanel, seconded by Councilman Wrights and
unanimously carried, to receive the Civic Center Cu~ittee reconuendations for
further action, send a letter of appreciation to the Chairman and all members of
the Connittee, and dissolve the C~alttee inasmuch as the purpose has been
completed; and further request the City Manager to outline the procedures which
w111 be required to effectuate the Civic Center Development Conunittee
recommendat ions.
The City Manager stated that he would attempt to have a tentative schedule for
City Council consideration at the next meeting, in~luding a possible list of
architects for interview.
REGIONAL SHOPPING C~NTER STUDY: The City Manager requested additional time to
secure proposals concerhing the Regional Shopping Center study. It was moved
by Councilanan Wright, seconded by Councilman Gorseman, and unanimously carried,
to continue consideration of the Regional Shopping Center Study proposals.
SEWER BOND AGREEMENT -- LEO ~E1LER ~ CONSTRUCTION CCMP.A~Y.: A report dated
January 21, 1965, was presented from the City Manager, concernlag the sa~er lines
in Tract No. 4994, located north of the Carbon Creek Channel between Valley
View and Juanira, constructed by the Leo Weiler Construction Company. Due to
a boundary error on the Public Works Department map, the sewer line was
constructed under the sole inspection and supervision of the City; however, the
area is actually within the Cypress County Water District boundaries. The
Water District officials have indicated that the City can request these lines be
maintained by the Cypress County Water District.
During high flow tests, the Public Works Department has found that there is
more than normal leakage in the new sewer line constructions although under
normal operatiag conditions the lines are apparently satisfactory. The Public
Works Department has rec~.m.~ended that a bond be deposited to insure ample
protection from any major leakages which may occur during the next four years.
The City Manager further explained that the action before the Council was not
the acceptance of the sewer lines, but only the approval of an A~reement and
Bond submitted by the Leo ~eiler Construction Company to insure any required
repairs to the sewer lines at a later date.
The City Attorney advised the Council that he was not satisfied with the form
of the Bond, but that the Council could authorize its approval subject to
approval as to form by the City Attorney.
It was moved by Councilman Gorzaman, seconded by Councilman Wright, and
unonimously carried, to accept the $5,000 bond submitted by the Leo Weiler
Construction Company for a period of two years subject to approval as to form
by the City Attorney and approve the Agreement 8uaranteeiag all construction
for a period of 48 mouths beginning January 1, 1965s and authorize the Mayor
and City Clerk to sign the agreement subject to approval as to form by the City
Attorney. The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES | 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarneys Wright, and Noe
None
None
REPORT REQUESTED FROM ST.AFF RE: SEWER DISTRICTS: Councilman Kanel inquired
about the problems created by the existence of overlapping sewer districts in
the City, with reference to double inspections, fees, etc. Following a brief
discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman,
and unanimously carried, to instruct the City Manager to make an objective
study concerning the sewer districts in the City, and report back to the
City Counci~ within 30 days.
January 25, 1965
DBAI.NAGE EASEMENT FROM GEORG~ ROA., NORTH S.ID~..OF .CER.RITOS: A report dated
January 21, 1965, was presented from the City Manager, stating that the City
received an ll-foot easement for underground storm drain conduit for 132 feet
immediately east of the Fairway Park Development on the north s~de of Cerritos,
west of Moody, from Mr. George Roe. The easement is to allow the no-joint storm
drain pipe to be constructed from the Grant Company development easterly to
the proposed service station on the northeast cotmar of Cerrttos and Moody.
It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously
carried, to accept the Drainage Easement from George Roaa~d authorize the
City Clerk to transmit the deed to the County for recordation. The following
roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 C(~JNCILMEN:
Gorzemen, Kanel, McCarney, Wright, and Noe
None
Non e
HOAD EASEMENT FRCM STAR DUST LANDS.t .INC, ,. NORTH SIDE OF BAL~.. ~AS~ OF MOODY
S.T.RE.ET: A report dated January 21, 1965, was presented from theCity Manager,
statin~ that the City has rac&ived a road easement for the widening of the north
side of Ball Road, 935 feet east of Moody Street to 535 feet east of Moody
Street from Star Dust Lands, Inc.
It was moved by Councilman Kanel, seconded by Cooncilman Gorzeman. and
unanimously carried, to accept the Easement Deed from Star Dust Lands, Inc.
and autb~rize the City Clerk to transmit the deed to the County for recordation.
The followiag roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: O COUNCII24EN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
COUNCII~iAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM IIIS CHAIR ON THE
PODIUM.
ACCEPT.AN..CE OF ROAD EASEMENT FROM PETER D~ AND BARBARA ANN GORZEMANs NORTHEAST
CORN~ ~F WALKER AND BALL: A report dated January 21, 1965, was presented
from the City Manager, stating that the City has received an easement for road
purposes at the northeast corner of Walker and Ball from Peter D. and Barbara
Ann Gorzeman. The dedication is required in order to proceed with the plans
and speci~ications and advertisement for bids for construction of the permanent
traffic signals at the intersection of Ball and Walker.
It was moved by COuncilman McCarney, seconded by Councilman Wright, and
unanimously carried, to accept the easement deed from Peter D, and Barbara Ann
Gorzeman and authorize the City Clerk to transmit the deed to the County for
recordation. The following rull call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorz~an
COUNCII/~ GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM.
GRANT OF EAS~MEN~ AND ENCROACEM~NT PERMIT--CYPRESS COUNTY ~ATER DISTRICT: A
report daeed January 21, 1965, was presented from the City Manager, stating that
the Cypress County Water District has prepared a Grant of Easement and
Encroachment Permit for a portion of the City of Cypress flood control channel
right-of-way located on the northwest cotmar of Tract No. 4398. The easement
is for the construction of a sewer line, providing a connection for ingress end
egress to Tract No. 5558. The right-of-way is required due to the grades which
do not allow the sewer to be constructed easterly to Moody Street. The required
easement is 25-feet in width, running for a distance of 70 feet, all of which is
located on the flood control right-of-way.
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, to approve the Crant of Easement and Encroachment Permit
as outlined above and authorize the Mayor to sign and City Clerk to attest,
subject to approval as to form by the City Attorney. The following roll call
vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
January 25, 1965
ACCEPTANCE OF ROAD EAS,E~,E,NT FROM ROBroT H. G,P~T, NORT,h~,ST CORNER, OF BALL AND
W~KER: The City Manager requested that consideration of this m~tter be
continued until the next regular meeting. It ~as ~ved by Councilman K~nel,
seconded by Councilman Wright, and unanimously carried, to continue acceptance
of the P~ad Easement from Robert H. Grant for the northwest corner of Ball and
Walker.
CERTIFICATION OF RIGHT-OF-WAY TO ORANG~ ~.OUNTY FOR INTE~S,ECTION pF. B~..LL, .,AND
WALKER Abe,, A, PPROVA~, ,OF PLANS AND ~?E,C,IFI~AT~ONS, FOR TRAFFIC, ,S, IG.,N~L. INSTA~.L,ATION:
The City Manager requested that consideration of these matters be continued
until the next regular meeting. It was moved by Councilman Kanel, seconded by
Councilman Gotroman, and unanimously carried to continue certification of the
right-of-way to Orange County for the intersection of Ball and Walker and to
continue approval of plans add specifications for traffic signal installation
at Ball and Walker.
R~I4OVAL OF EARTH FROM PROPOSED SUMP AR,EAI DRAINAGE, DISTRICT, ,2F,A,: A report
dated January 21, 1965, was presented from the City Manager, stating that the
Larwin Company has excavated a large quantity of earth from the proposed sunp
area located generally on the northwest corner of Ball and Denni. The sunp
area is to be acquired by the City under the Drainage District 2-A Agreement
between the City and the Larwin Company.
The City Manager requested the City Council to express a policy regarding earth
removal from the sump area.
In answer to a question from Councilman Gorzeman, the City Attorney advised
that although the 2-A Agreement is not clear on the matter of the condition of
the stnnp property to be purchased by the City, it would be safe to assme that
the property should be received with the top soil in place.
Following a brief discussion, a motion was made by Councilman McCarney and
seconded by Councilman Wright to notify the Larwin Company to discontinue
removal of any earth from the proposed semp area and further to direct the
staff to ~ke a study as to whether the removal of the dirt is an asset or
liability to the City. Prior to voting on this motion, considerable discussion
was held.
The City Manager stated that a determination of the value of the earth in the
semp area is difficult due to the many v~ables involved. One method which
could be used in~.a study of this nature would be to est/mate the time of stnnp
construction and request various ngencies to inform the City as to whether
or not they would be willing to purchase the earth material at that time.
The City Attorney advised the Council of the possible liability potential of
the property in the present excavated condition.
Mr. Leonard Gerkin, representing the Larwin Company, addressed the Council,
stating that under the terms of the Drainage District 2-A Agreement between
the City and his Company, the Larwin Company is responsible for construction of
the sxmnp. Mr. Getkin inquired if a determination had been made by the Council
that ~is responsibility of the Larwtn Company had ended.
In answer to Mr. Gerkfn's question, the City Manager stated that the City had
not considered the removal of the dirt by the Larwin Company to be a part of the
construction of the sump since the City has not received the engineering plans
for the sump construction.
Following a brief discussion concerning the City's insurance coverage on matters
of this nature, the following roll call vote was taken on Councilman McCarney's
motion to notify the Larwin Company to discontinue removal of any earth from the
sump area and further to direct the staff to make a study as to whether the
removal of the dirt is an asset or liability to the City.
AYES: 5 COUNCILMEN:
.NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Fan,l, McCarney, Wright, and Noe
None
None
January 25, 1965
STATEMENT OF RECEIPTS ,AND plSBURSEMENTSs JULY 1s 1964 THROUGHiDECIMBER ,3,1,s 19~4:
A report dated January 21, 1965s was presented from the City }ianagers transmit-
ring the second quarterly statement of receipts and expenditures foe the fiscal
period ending Decenber 31s 1964.
It was moved by Councilman Gorzemans seconded by Councilman Wrights and
unanimously carried, the quarterly statement of receipts and expenditures be
received and filed,
MeNI~I~¥-,A6t~Y REPORTs DECEMBER, 1964~ It was moved by Councilman Wright,
seconded by Councilman HcCarneys and unanimously carrieds the Honthly Activity
Report for December 1964 be received and filed.
CODIFICATION OF CITY ORDINANCES: A report dated January 21, 1965 was
presented from the City Managers stating that the City Managerss Office and
the Office of the City Attorney have reviewed the City Ordinances with the
Michie Publications Company representative in the preparation of the codifica-
tion of the City Ordinances.
As a result of this reviews several Ordinance amendments and adoption of new
Ordinances were recomendeds a sinmary of which follows:
1. ~nendaent to Ordinance No. 18s the Fireworks Ordinances reducing the
set-back for fireworks stands on improved streets to five feet from the side-
walk, rather than the existing requirement of a 35 - 55 foot set-backs depend-
ing on the type of street on which the fireworks stand is to be located.
2. Amendment to the Rubbish Ordinance No. 91, changing the franchise fee
from a flat rate of $100 per year to two percent of the gross revenues, This
is to conform with the existing contract between the City and the rubbish
collector.
3. Amendment to Ordinance No. 77, the Subdivision Ordinance, clarifying the
section ~equiring security for the completion of subdivision improvements.
4. Amendment to Live Entertainment Ordinance No. 224, clarifying the
section regarding places of business which have a valid permit under the
Special Permit 0rd inance, and clarifying the section regarding copduct of
public meetings and methods of permit revocation.
5, Amendment to Ordinance No. 38, establishing the position of Finance
Director, providing for the appointment of the Finance Director by the City
Manager rather than the City Council. Ordinance No, 38 is further amended to
state that pending the appointment by the City Manager of a full-time Director
of Finances the duties of the Director of Finance shall be performed and
assu~ned by the City Hanager,
The City Manager indicated that these Ordinance amendments would be brought
up for first readings later on in the meeting.
SECOND READING ORDINANC~ NO, 2.~5s AMENDING ORpINANCE NO. 12.6 PROVIDING FOR
REIN.~P~CTIpN FEES: It was moved by Councilman McCarney, seconded by
Councilman Gorzemans and unanimously carried, the following Ordinance be read
by title only, title as follows:
ORDINANCE NO. 235
AN ORDINANCE OF T1~ CITY OF CYPRESS AMENDING ORDINANCE
NO, 126, AS AMENDEDs AN ORDINANCE ADOPTING THE UNIFORM
BUILDING CODE, 1961 EDITIONs BY ADDING THERETO SUBSECTION
TO SECTION 303, CHAPTER 3, PROVIDING FOR REINSPECTION FEES
(c)
It was moved by Councilman Gorzemans seconded by Councilman Wright, and
unanimously carried, this Ordinance be adopted, The following roll call vote
was taken|
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMF~:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanels McCarneys Wright, and Noe
None
None
January 25, 1965
SECOND ~II'N; OPjINANCE NO. 2361REqUIR~NG SP~CLa,,L PEPjilTS FOR I'I-I~ CONDUCT
OF C~RTAIN BUSINESSES WIT~IN THE C~Y: It was moved by Councilman Wright,
seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance
be read by ~tle only, title as follows:
ORDINANCE NO. 236
AN ORDINANCE OF THE CITY C(]JNCIL OF THE CITY OF CYPRESS
REQUIRING SPECIAL PERMITS FOR THE CONDUCT, OPERATION, OR
MANagEMENT OF CERTAIN BUSINESSES WITHIN THE CITY OF CYPRESS
It was moved by Councilman Kanel, seconded by Councilman Wright, and
unanimously carried, this Ordinance be adopted. The following roll call vote
was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney~ Wright, and Noe
None
None
FIRST READING ORDINANCE NO~ 237m ~MERDING ORDINANCE NO....3~..R~..:. ESTABL.!$HMENT 9F
OFFICE OF DIRECTOR OF FINANCE: It was moved by Councilman McCarney, seconded
by Councilman Gorzeman, and unanimously carried, the following Ordinance be
read by title only~ title as follows:
ORDINANCE NO. 237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 38 (ESTABLISHING THE OFFICE OF
DIRECTOR OF FINANCEm PRESCRIBING THE POWERS AND DUTIES
THEREOF, AND ASSIGNING THE FINANCIAL AND ACCOUNTING DUTIES
IMPOSED UPON THE CITY CLERK TO SAID DIRECTOR OF FINANCE).
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, this Ordinance pass its first reading. The following roll
call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeraan, Kanels McCarneys Wrights
None
None
and Noe
FIRST READING ORDINANCE NO~ 2381 AMENDING ORDINANCE NO.~ 9~a RE: COLLECTION
OF R~.~ ANp ~RA~: It was moved by Councilman McCarney, seconded by
Councilman Wright, and unanimously carried, the following Ordinance be read by
title only, title as follows:
ORDINANCE NO. 238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 91 (RELATIVE TO THE COLLECTION OF
GARBAGE, TRASH, RUBBISH, WASTE MATERIAL, ETC.), SECTION 21,Z.
It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and
unanimously carried, this Ordinance pass its first reading. The following roll
call vote was taken:
AYES: 5 COUNCILMEN:
I]OES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarneye ~ight, and Noe
None
None
FIRST READING ORQINANCE NO~ 2391AMENDING ORpINANCE NO. ~Sa. RE.:. SALE OF FIRE-
WORKS: It was moved by Councilman Gorzeman, seconded by Councilman McCarney,
and unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE NO. 239
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
~MENDING ORDINANCE NOo 18, AS AMENDED, RELATING TO THE
SALE OF FIREWORKS.
January 25, 1965
It was moved by Councilman ~{cCarney, seconded by Councilman Gorzenan, and
unanimously carried, this Ordinance pass its first reading. The following roll
call vote was t~ken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, HcCarney, Wright,
None
None
add Noe
FIRST READING ORDINANCE NO. 2401AMENDI~p. ORDINANCE NO. 2241 RE: PEEMITS FOR
LIVE ENTERTAINMENT: It was moved by Councilman Kanel, seconded by Councilman
Gorzeman, and unanimously carried, the following Ordinance be read by title only,
title as follows:
ORDINANCE NO. 240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 224 OF THE CITY OF CYPRESS, REQUIRING
PERMITS FOR LIVE ENTERTAINMENT, PRESCRIBING THE PROCEDURE FOR
THE ISSUANCE OF PERMITS AND LMPOSING PENALTIES 70R VIOLATIONS
It was moved by Councilman Gorzeman, seconded by Councilman McCakney, and
unanimously carried, this Ordinance pass its first reading. The following roll
call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarneys l~ight,
None
None
and Noe
ORDINANCE AMENDI.I~. O.RpINANCE .N.,O, 77. RE: SECURITY FOR COMP.LETION OF SUBDIVISION
IMPROV~M, ENTS:' The City Manager stated that this matter had been erroneously
placed on the City Council Agenda, and that consideration could not be given to
such an Ordinance until a public hearing had been held by both the Planning
Conmission and City Council 0 It was moved by Councilman Gorzeman, seconded by
CounCilman McCarney, and unanimously carried, to continue this matter until the
required public hearings have been held by the Planning Commission and City
Council.
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 10522 THRU 10573 (PAYROLLS: It was
moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously
carried, the following Resolution be adopted, title as follows:
RESOLUTION NO.545
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS
AND DEMANDS NOS. 10522 THRU 10573
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzenan, Kanel, McCarney, Wright, and No,
None
None
RESOLUTION ALLOWING CLAIMS AND D~ANDS NOS. lp.574 THP. U k0.6.15 (C(IMM.ERCIAL
WARRANTS}: It was moved by Councilman Gorzenan. seconded by Councilman
McCarney, and unanimously carried, the following Resolution be adopted, title
as follows:
RESOLUTION NOo 546
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS
AND DEMANDS NO[. 10574 THRU 10615
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzenan, Kanel, McCarney, Wright, and Noe
None
None
....... Jajuar_X_~_~~ 1965
k 75
CITY COUNCIL ENDORS.~MENT. OF. F.A~.~ BOND PROPOSAL: Councilman Kanel stated that
the City Council, at a meeting held last year, h~t voted to endorse the
Cypress Park and Recreation District Bond election held in November, He further
stated that since the November bond election failed to carry, a new election
has been scheduled for March 2, 1965, for $1,500,000 in general obligation
bonds for the Park and Recreation District. Councilman Kanel indicated that he
ls the Chairman of a citizens group which is endeavoring~ inform the public of
the facts concerning this election. and requested that the City Council take
action to once again endorse the Cypress Park and Recreation District bond
issue,
Following a brief discussion, it was moved by CounCilman Wright, seconded by
Councilman McCarneys and unanimously carried, the following Resolution be
adopted, and the City Manager be instructed to inform the citizens of this
action through press re]mses and the City Newsletter, The title of the
Resolution is as follows:
RESOLUTION NO, 547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
SUPPORTING THE MARCH 2, 1965 CYPRESS PARK AND RECREATION
DISTRICT BOND ISSUE ELECTION
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanels McCaruey, Wright, and Noe
None
None
ORAL COMMUNI.CATIO.NS:
Mr. James Duncan, 9582 Walker Street, Cypress, addressed the Council, expressing
appreciation br the work done by the Public Works Department to alleviate the
drainaRe problem on the east side of Walker, but statinE that water is still
ponding on Walker Street and recum~ettded further work be done to alleviate the
situation.
Mayor Noe referred this matter to the Public Works Director.
ADJOURNMENT:
There being no further business to come before the City Council, the Mayor
declared the meeting adjourned at 9:00 p.m.
MAYOR
ATTEST:
C /
~' ~ iT"/' ClZERK
January 25, 1965