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HomeMy WebLinkAboutMinutes 65-02-23MINUTES OF THE CITY COUNCIL OFT HE CITY OF CYPRESS HELD February 23, 1965 The Cypress City Council held a regular meeting on February 23, 1965; in the City Council Chambers,~5311 Orange Avenue; Cypress, California; at 7:30 Mayor Frank P. Noe presiding. PRESENT: Corzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Secretary of the Planning C~,~ission Dartell Dalton; Building Superintendent Thomas Nudson; Police Lieutenant Robert Murray; and Assistant Planner George Putnam. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the minutes of the meeting of February 8, le65; be approved as mailed. ORAL. C,0D, flJNICATIONS: There were no oral comnunications at this PUBLIC HEARING RE: PIG FARM, NpN-CONFORMIN~ USE, qEgRGE ROA: The Mayor announced this was the time and place to determine if the Pig Farm operated by Mr. George Roe at 4891 Cerritos Avenue, C!rpress, is detrimental to health, safety, and welfare. The City Manager presented a report dated February 18, 1965, stating that this Public Hearing had been requested at the City Council meeting of February 8, 1965, and which outlined Section 122.3 of the City Zoning Ordinance No. 90 relating to non-conforming use of the land. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak in favor of the Pig Farm operation. Mr. Jack ShaW, 8221 Corabell Way, Buena Park, addressed the Council as Manager of Old McDonald' s Farm at Knott, Berry Farm, indicating that Mrs Roe supplies Old McDonald's Farm with pigs. Mr. Shaw further stated that he has seen many hop farms and Mr. Roa's operation is the cleanest he has ever seen. He also stated that Mr. Roe has been a farmer in Cypress for many years and due to his age this is the only thing he can do. He also indicated that the operation is very small. Mr. A1RDa addressed the Council as the son of Mr. George Roa, stating that his father has been farming the land for 43 years and the individuals who purchased homes in the area and who are complaining about the nuisance of the pig farm came into the area on their own. He pointed out that his father has a good reputation and has not complained about things they have been made to do to the pig farm. Mr. Roe stated that there are only 40 pigs on the premises. The following individuals spoke in opposition to the pig farm operation. Mr. A1 Hanswelds 4882 Cathy Avenue, Cypress, addressed the Council, stating that he does not personally know Mr. Roe and does not want to take his livelihood away from him. He further stated that he resides 83 feet from the pig farm and had complained &oncer~ing the nuisance of flies and the bad odor created by the pig farm. Mr. Richard Owens representing the builder of the Subdividion next to the pig farm, addressed the Councils stating that his Company was unaware that a pig farm existed at the time they bought the property, and shortly after he learned of the pig farm, he investigated the operation and found that there were only five pigs on the property; however, now it is reported that there are 40 pigs. He further referred to the section of the Zoning Ordinance which indicated 'the non-conforming use cannot be expanded. February 23, 1965 Mr. Olivar Johnson, 4901 Cathy Avenue, Cypress, addressed the Council, stating that ha resides 65 feet from the pig farm, and he understands that there is also pig slaughtering done on the premises of the pig farm. Mr. Johnson indicated that the ~dor from the pig farm is very bad. Hr. Daniel Wells, 4881 Cathy Avenue, Cypress, addressed the Council, stating that he had an occasion to deal with Hr, R~a's pig farm in buying some pork and that he witnessed the butchering of pigs on the premises, Mr, Wells stated that the cu~uunity is in a state of progress and is growing at a rapid rate. Ha further indicated that he feels a man '~hould not have to raise pigs for alivelihood, and if it is a hobby it is detrimental to the City, Mr. L. J, McBride, representing the Cypress Chmnber of C~ranerce, addressed the Councils requesting the Council to take into consideration the comnents made by the various individuals speaking in opposition to the pig farm operation, and stating that the City needs the reputation of being a good, clean City, Mrs. James Alien, 10411 Doris Circles Cypresss addressed the Council, stating that in addition to the flies, dirt blows from the pig farm into the homes. Mrs. Allen also indicated the I~esence of mosquitos in the area possibl~ due to the pig farm, Mr. Dick Heitshusen, 10422 Doris Circle, addressed the Council, stating that his lO-year old son heard pigs squeeling and climbed the fence to investigate and witnessed the slaughtering of pigs. Mr. Heitshusen emphasized that an operation such as ~e pig farm is not good with so many children in the area. Mrs. Betty Rondazo, 10483 Rose Ann Circle, Cypress, addressed the Council, stating that children often climb the fence. She stated that .the pig farm creates many flies during the ,,if, mar months. Mr. George Roa addressed the Councils stating that he only has four sows and six gilts, and he doesn't know why the operation is called a pig farm. The City Managersread in full a letter dated February 2, 1965, from Mr. Fred T. King, Supervising Sanitarian of the Orange County Health Department, concerning the fly and odor problem at the pig farms stating that it is the opinion of the Health Department that the pig farm, as presently equipped, cannot be ,a/retained in a manner unoffensive to residents of the adjacent housing tract. The City Attorney advised the Council concerning the legal aspects of the matter before the Councils stating that Mr. Roa was operating the pig farm before the land was zone to R-l, and because of this he is afforded certain protections according to the law; however, this is not a vested right to the use to which the property was put prior to the change of zone. The only ri8ht it 8ires is the right to use the property for a given period ~0 amortize out the investment. The City Attorney further advised the Council that if a determination is made that the pig farm is detremental to the health, safety, and welfare of the community, the Council may choose either to terminate the pig farm operation as set forth in Section 122.3 of the Zoning Ordinance or to abate the public muisance by an action at law, which could be brought by either the City .or the adJacent property owners. Mr. Erickson pointed out that if the matter did go to a court action, the Judge ~ould probably grant a certain time period for termination of the business. There being no further oral protests and no further written coomunications, the Mayor declared the Public Hearing closed. In answer to a question from Councilman Kenelm the City Attorney advised that slaughter facilities are not legal in the City. Councilman Km~el indicated that he was v~ry surprised to learn of the pig farm operation adjacent to residential uses, and questioneddy the residents had not come to the City earlier. The City ManeSet advised that the City has received calls concerning the pig farm operation and they have been referred to the Orange County Health Department, and further explained that the reason this matter is now before the City Council is because of a petition directed to the City Council requestin$ abatement of the nuisance. February 23, 1965 In answer to a question from Councihnan Gorzeman concerning the date for teTmination of the pig farm operation, the City Attorney advised that the earliest possible date was May 1966s in accordance with the Zonin80rltinance. Councilman Gorzeman indicated that he observed the pig farm operation and it appeared to be a clean operation| however, he indicated he would not want to live close to a pig farm. Councilman Kanel inquired if any of the residents in the vicinity of the pig farm were told the operation would be abeted at the time they purchased their homes. Mrs. James Aliens 10411 Doris Circle, stated that she was told that the developer of Brentwood Gardens owned the property and the pig farm would be removed. Following discussion concerning the various means of abering the pig farm nuisance, the City Attorney pointed out that if the matter were to go to a conrt actions it would cost the City of Cypress approximately $2s000 - $2,500. In answer to an inquiry from Councilman Kanel concerning how the residents feel about a court actions a gentlemen in the audience stated that all of the homeo~-ners on Doris Circle ~uld be willing to contribute money for an action to eliminate the pig farm operation. With reference to this statements the City Attorney advised that ~ the citizens want to bring an action a~ainst the pig farm operation they can do so; howevers they cannot contribute money to~ard's an action if it is brought by the City. In answer to an inquiry from a lady in the audiences the City Manager indicated that commercial pig raising is not a legal use in the City and further explained non-conforming uses with reference to the Zoning Ordinance. Mr. Carl De Pietro, 10301 Sande Streets Cypresss addressed the Councils inquiring as to the cost to the City for the court action against the fertilizer plant operation. Mayor Noe advised Mr. De Pietro that the cost has not yet been determined. The City Manager further indicated that the stipulated Judgment obtained under the court action was for removal of the fertilizer plant on the date which had previously been indicated as agreeable to the applicant prior to the official court action. Mr. Daniel Wells, 4881 Cathy Avenue, Cypress addressed the Council, asking if the City would have to pay additional fees to the City Attorney for a court action. The City Attorney advised that in the event the City brings aacourt actions the attorney fees are over and above the regular mnnthly retainer fee. Mr. A1 Hansvalds 4882 Cathy Avenues Cypress, addressed the Councils stating that there has been a discrepancy concerning the reported number of pigs on the pig farm. The City Attorney advised that if an action is taken to terminate the pig farm operation, the City Council should make a determination as to the present number of pigs at the subject location. Following a brief discussions it was moved by Councilman McCarneys seconded by Councilman Kanels and unanimously carried, to determine that in accordance with Section 122.3 of Zoning Ordinance No. 90s the pig farm operation at 4891 Cerritos Avenue, Cypress, with 31 pigs as reported by the Orange County Health Department, is detrimental to the health, safety, and welfare of the citizens of the conmunitys and must be terminatedas of May 17s 1966s cannot be expanded in any way, and if the pig farm use is discontinued for a period of 180 days, any further use of the land shall be in confermity with the Zoning Ordinance. The folioring roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None A motion was made by Councilman Kanel to direct the staff to take actions to terminate the slaughterin8 of pigs on the pig farm; however, Councihnan Kanel withdrew his motion upon a statement frem the City Manager that this act ion would be taken as a result of the previous City Council action. February 23, 1965 { BAROLDI &'IRENE E~ PUBLIC HEARING RE: ZONE CHANGE NOt Z-126 THqM.A.S....A~ ....... BARO!IDI: The Mayor announced this was the time and place to consider an application for amendment to the Zonin~ Ordinance No change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) on property generally located at the southwest comer of Knott Avenue and Cerritos Avenue, requested by Thomas A. Baroldi and Irene E. Baroldi, 6612 Cerritos Avenue, Cypress, California, known as Zone Change No. Z-126. The City Manager read Planning C~m. ission Resolution No. 236, recommending approval of Zone Change No. Z-126. The Mayor declared the Public Hearin8 open and asked if anyone in the audience wished to speak for or against the proposed use. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the followir~ Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OE THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 90s THE ZONING ORDINANCEs BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBOREOOD STORES) ZONE CHANGE NO. Z-126 Followin~ a brief discussion of the proposed use of the subject area, it was moved by Councilman Wright, seconded by Councilman McCarneys and unanimously carried, this Ordinance pass its first reading. The followin~ re11 call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneys Wrights and Nce None None PUBLIC HEARING RE~ ZONE CHANG,E NOt Z-127 {CITY OF CYPP-~,,SS): The Mayor announced this was the time and place for the Public Hearing to consider an application for mnendment to the Zoning Ordinance No. 90 to change the zone from R-4 (High Density Multiple-family) to C-2 (General Conm~rcial) on property Sanerally located on the west side of Valley View Street, 600 feet south of Lincoln Avenues initiated by the Cypress City Council, known as Zone Change No. Z-127. The City Manager read Plannin~ Commission Resolution No.237, rec-,,m,endinS appreval of Zone Change No. Z-127. THe Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. There being no written communications and no oral protests, the Mayor declared the Public Hearing dosed. It was moved by Councilman McCirneys seconded by Councilman Gorremen, and unanimously carried, the following Ordinance be read by title only, title as f ol lows: ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCEs+BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONE CHANGE NO. Z-127 It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this Ordinance pass its firs t reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneys Wright, and Noe None None Febmary 23, 1965 PUBLI9 HF.J/~ING RE~ ZONE CIIANGE NO, Zrl.2..8.,. (CIT~/OF CYPRESS}I The Mayor announced this was the time and place to consider an application for amendment to the Zoning Ordinance to change the zone from R-2 (Two-family Residential) to R-3 (Multiple-fmnily Residential) on property generally located at the southwest corner of Orangeand Holder, initiated by the Cypress City Council, known as Zone Chan~e No, Z-128, The City Manager presented Planning Conxnission Resolution No, 238, rec~a~ending approval of Zone ~nan~e No. Z-128, The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for oregainer the proposed use. Mr. Wayne Worley, 6412 Orange Avenue, CypresS, addressed the Councils speaking in favor of the proposed sons change. Ihere being nor written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarneys seconded by Councilman Gorzemanm and unanimously carried, the following Ordinance be read by title onlym title as follows: ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-2 (TWO-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) ZONE CItANGE NO. Z-128. 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: AYESI 5 COUNCILMEN: NOES .' 0 COUNCILMEN J ABSKNT: 0 COUNCILMENI Gorzeman, Kanel, McCarneys Wright, and Noe None None PUBLIC HEARING RE: ZONE C.H. ANG~ N.O. Z-12.9 {CITY OF CYPRESS): The Mayor announced this was the time and place for the Public Heari~ to consider an application for amendment to the Zonin~ Ordinance No. 90 to change the zone from R-1 (One-fmiliy Residential) to R-4 (High Density Multiple-Family) on property generally located on the east side of Holder, 330 feet north of Orange Avenue, initiated by the Cypress City Councils known as Zone Chan~e No. Z-129. .The City Manager presented Plannin~ Commission Resolution No. 239, recommending appromal of Zone Chan~e No. Z-129. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. L. J. McBride addressed the Council, inquiring about the various zone chan~es in the vicinity of the Junior College. The City Manager explained that the Council felt better development plans could be made as a result of the proposed zone chmr~es. There bein~ no oral protests and no written communicationss the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously-carried, the following Ordinance be read by title onlys title as fo 1 lows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCEm BY (YHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-4 (GI6H DENSITY MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-129. February 23, 1965 It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN NOES .' 0 COUNCILMEN ABSENT: 0 COUNCILMEN Gorzeman, Kanel, McCarney, Wright, and Noe None N~ne PUBLIC HEARING P~.~. ZONE CHANGE. Nq.~ Z-130 ~CITY OF CYP..RES.S): The Mayor announced this was the time and place for the Public Hearing to c~nsider an application for ~-k-ndment to the Zonin~ Ordinance No. 90 to cahnge the zone from M-1 (Light ManBfacturing) to R-4 (High Density Multiple-family) on property generally located 325 feet south of Lincoln Avenue from 820 feet east of Denni Street west to Denni Street, initiated by the Cypress City Council, known as Zone Change No. Z-130. The City Manager read Plannin~ Commission Resolution No. 240, recu,maending approval of Zone Change No. Z-130. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. There being no written communications and no oral protests, the Ma~or declared the Public Hearing dosed. It was moved by Councilman Wright, seconded by Councilman McCarneys and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE,+BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM M-1 (LIGHT MANUFACTURING) TO R-4 (HIGH DENSITYMULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-130. It was moved by Councilman Gorzeman, seconded by Councilman McCa~ney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 dOUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None NOne PU~bIC HEARING RE.: ZONE .CMANGE NOT Z-13.1. {~ITY OF CYPRESS): The Mayor announced this was the time and place for the Public Hearing to consider an application for anendment to the Zoning Ordinance No. 90 to change the zone f~rnM-1 (Light Manmfacturin~) to R-4 (High Density Multiple-family) On property generally located 325 feet south of Lincoln Avenue from Denni Street west 1348 feet, initiated by the Cypress City Council, known as Zone Change No. Z-131. The City Manager read Planning Conmission ResolutiOn No. 241, recommending approval of Zone Change No, Z-131. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or a~ainst the proposed use. There being no written cv,,~unications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Gorzemans and unanimously carried, the following Ordinance be read by title nnly title as follows: ORDINANCE NO, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM M-1 (LIGHT MANUFACTURING) TO R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-131 . February 23, 1965 It waS moved by Councilman McCa~neys seconed by Councilman Wrightt and carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN NOES l 1 COUNCILI{N ABSENT: 0 COUNCILMEN Gorzeman, McCarney, Wright, and Noe Kanel None PUBLlC H -. R.1NG ZONE C .ANGE NO, OP. ayor annoycad ~his was the time and place for the Public Haari~ ~o consider ~ application for ~andment to ~he Z~ing Ordinance to cha~a the zoM fr~ R-i (~e-fa~ly Residential) to P-M (Plan~d Manufacturing) on pr~erty Sanerally located on cha south side of Cerri~os, east of Walker Street~ initiated by the ~press City Councils kno~ as Zo~ ~a~e No. Z-133. The City Manager read Plannin8 Ca,mission Resolution No. 242, reconmendtng approval of Zone Change No. Z-133. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for ordains, the proposed use. Mr. L.J. McBride, representing the Cypress Chamber of Commerces addressed the Council, speaking in favor of the proposed zone chan~e. There bein~ no oral protests m~ no written c~unications, the Mayor declared the Public Hearing dosed. It was moved by Councilman McCarney, seconded by Councilman Wrights and unanimous ly carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 90t THE ZONING ORDINANCE, BY CMANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-M (PLANNED MANUFACTURING) ZONE CHANGE NO. Z-133 I t waS m~ved 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 COUNCILMEN ABSENT: 0 COUNCILMEN Gorzeman, Kanel, McCanney, Wright, and Noe None None COMMUNICATION FRC~4 PRESID]~NT OF PAL BASEBALL LEAGUE RE: APP.P~E_CIAT_!ON TO CITY COUNCIL FOR .COOPERATION WITH ~OUTH PARApE: The City Manager presented a co~wa~nication dated February 6s 1965, from Mr. Clyde B. Elliot, President of the Pal Baseball Leauge, expressiT appreciation for the cooperation of the Cypress City Council in providin~ for the first annual parade sponsored by the Baseball Le ague. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this communication.be received and filed, and the City Manager be instructed to communicate with the Baseball Leagues congratulating them for sponsoring ~he succesgfull youth parade. COMMUNICATION FROM ST. MARY'S HOSPITAL GUILD REQUESTING WAIVERC'OF ADMISSIONS TAX FQR DAY AT THE RACES: The City Manager presented a c~,nication da~ed January 25, 1965s from the St. Mary's Hospital Guild, Inc.s Long Beach, Califor~ia, maki~ application for a waiver of admissions tax for the eleventh annual "Day at the Races" at the Los Alamitos Race Course on May 5, 1965. The organization is a non-profit corporation and was organized for charitable purposes. The City Manager further pointed out that thee:waiver is requested for only those tickets sold by the Hospital Guild. February 23, 1965 It was moved by Councilman McCarneys seconded by Councilman Wright, and unanimously carrieds to grant the request of the St. biary's Hospital Guild for a waiver of admissions tax for May 5s 1965. The following roll call vote was taken: AYES: 5 COUNCILMEN NOES: 0 COUNCILMEN AB SENT: 0 COUNCILMEN Gorzemans Kanel, McCarney, Wrtghts and Noe N one None COMMUNICATION FROM LEAGUE ,.OF CALIFpRN,~A ~I.TIES RE: STALE SEN,ATE BIL~ NO..1.7 RE~ TELEPHONE FRANCItlSE TAXI The City Manager presented a communication dated February 11, 1965s from Mr. Richard Carpenters Executive Director and General Counsel for the League of Califor~ia Cities, regarding State Senate Bill No. 17, imposing a telephone frenchlee tax. The proposed legislation replaces the revenue lost with the recent Supreme Court decision r~leiving telephone companies of paying franchise charges similar to those paid by other public utilities. The City Manager indicated that although this legislation would supersede the fees collected under the recently mended business license Ordinance section relating to ~elephone companiess the revenues would begroster from the one percent tax which would be distributed according to population. It was moved by Councilman Kanel, seconded by Councilman Wrights and unanimously carrieds to direct the City Manager to coununicate with the Eeague of California Cities and local legislatorss indicating the City's support of Senate Bill No. 17. Cp,,M~U,N,!CATION FROM WILLIS C~ ~ARNER, TOUPS ENGINEE.RI.NG,,. REqUEg,TI,N,G, .E.X.TENSION OF TIME ON .T~NTATIVE TRACT .Mp. NO. ~338: The City Manager presented a camunica- tion dated February 8, 1965, from Mr. Willis C. Warner, Toups Engineering, requesting on behalf of Coordinated Services, Inc., a one year extension of time for recording of Tentative Tract Map No. 5338. The communication indicates that unforeseen circumstances have delayed the actmail recording of the tract maps said tract being located at the southwest corner of Orangewood a~id Knott Avenues. The staff has reveiwed this request and has noted the following changes which have occured during the one-year period of time~ which the subdivider was required to record the map: 1. A major change in the drainage requirements due to a change in the Master Plan of Drainage area, combining Drainage Districts 3-S and 3-~. The changes in design which would be required to meet the current requirements for public utilities service to the subject area. , The probability that a different design concept in density may be required in the area due to the recant re-evaluation of the entire Hastot Plan. 4. The need to re-evalua~ the street patterns in the area of the subject tract, It was moved by Councilman Wright, seconded by Coun~ilman McCarneys add unanimously carried, to deny the request for a one-year extension of time for recording Tentative Tract Map No, 5338. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzemans Kanels McCarney, Wright, and Non None None COMMUNICATION FROM MR~ NEWTON WREN.~{..s REQUESTING RELEASE OF CASH BOND: The City Manager presented a communication from Mr. Newton Wrench, General Contrac- tor and Builder for the construction of the walks curbs gutters and street improvements adJ scent to the Interstate Bakery facility, located at 5391 Lincoln Avenue, Cypress, requesting the release of a $1 s250 cash bond subiitted to the City as a guarantee for the completion of the construction. The Public Works Director has indicated that the labor and material have been furnished and the public improvements guaranteed by the cash bond have been completed to the satisfaction of the City Engineer. February 23, 1965 ao5 It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize the release of the cash bond of $1,250 to Mr. Newton Wrench, 3539 Gundry Avenue, Long Beach, California. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCamey, Wright, and Noe None None COMMUNICATIO~ FROM WARREp,..C.~..HAM,ILTON RESIGNING FROM CYPRESS PLANNING COMIISSION: The 'dity Manage¥ ~resented a communicat'i~ dated February 12, f965,' from Mr'. Warren C. Hamilton, submitting his resignation from the Cypress Planning Commission, It was moved by Councilman Kanel s seconded by Councilman Gorzoman, and unanimously carried, to accept C~,u~issioner Hamilton's resignation and instruct the City Manager to send a letter of appreciation and coranendation to Mr. Hamilton for his work in the Planning Commission. ROBERT H. GRANT AND COMPANY: A report dated FINAL TRACT MAP NO. 5704a . . . February 18, 1965, was presented from the City Engineers concerning Final Tract Map No. 5704, located north of Ball Road between Grind lay and Walker, 66 R-1 lots and 1 C-2 lot, 20.05 acres, as requested by the Robert H. Grant Company, 1665 South Brookburst, Anaheim, California. The report indicated that the final map is eraill undergoing engineering review and minor revisions; however, the map has been drafted to conform to the previously approved Tentative Tract Map No. 5704. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to approve Final Tract Map No. 5704 subject to the comple- tion of final engineering checks by the Public Works Department and further upon the posting of the required bonds, fees, and agreements; and to authorize acceptance of the bonds and agreements and execution by the Mayor and City Clerks and furiher authorize the City Clerk to sign the record map. The foilswing roll call vote was taken:' AYES: 5 COUNCILMEN: NOES: 0 CeUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None gIg~-.OF7WAY DEDICATION, SOUTHWE.ST .CO..I~NER OF VALLEY VIEW AND BALL: A report dated February 18, 1965, was presented from the City Managers stating that during the past several months, discussions have been held between the City Manager's Office and Mr. John Leal concerning the additional right-of-way required at the southwest comer of Valley View and Ball {nr the installation of the proposed traffic signals at the ultimate location. Mr. Leal has agreed to dedicate the required right-of-way for the installation of the traffic signals at the ultimate location with the foll~wing conditions: The City relocate the existing wooden fence, palm tree, and lawn sprinklers which are now located on the property to be dedicated. The City observe the condit~nns created by the installation of the traffic signal relative to dirt, dust, and other nuisances which would have a detrimental effect upon the remaining property and home belonging to Mr. Leal, and take any necessary action to inenre that these problems would be corrected at no further expense to Mr. Leal. The report further indicated that the City will not install any permanent improvements which will be required of the property ~ywner at the time the property i~ developed for ultimate use. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to augPrize the City Manager to notify Mr. Lea1 ~hat in exchange for the dedication of the required ~ight-of-way for the placement of the traffic siMnals at the ultimate locations the City will relocate the required facilities for the location of the traffic signal~ at no cos t to the property owners and further that the City will continue to Observe the nuisances created by this installation and take remedial action as required. The following roll call vote was taken: AYE S: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzemmn, Kanel, McCArneys Wright, and Nne None None February 23, 1965 ~ICYQLE LICEN~I~,G, ~R, OGRAM: A report dated February 18, 1965, was presented from the City Manager, stating that the Police Department has completed a comprehensive study of bicycle licensing procedures and recommends that a bicycle licensing program be initiated in the City to assist in decreasing the number of bicycle thefts and improving the efficiency of returning lost or stolen bicycles to the proper owmer. The following rec~h~endations Were presen- ted to establish a voluntary bicycle licensing program in the City of Cypress. Establish a registration fee of 50¢ to help offset the oost of the program. Authorize the Police Department to coordinate the program through the School Districts and any other local organizations which may wish to assist in the!registration program in conjunction with additional programs of traffic safety, bicycle safety inspections and application of reftectorized tape. It was moved by Councilman McCarney~and seconded by Councilman Wright to approve the establishment of a bicycle licensing program as outlined above and further authorize the expenditure of $350.00 to initiate the program; however, prior to voting on this motion discussion was held· Mr. L. J. McBride of Mac's Bike Shop, addressed the Council, recommending that all b icycles must pass a safety inspection before licensing. Mr. McBride also stated that he had .velunteered to sell the licenses at no cost to the City and would still be willing to do this if it would be of help to the Clty. The following roll call vote was taken on Councilman McCarney's motion: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and N~ None None Mayor No· called a five minute recess at 9:10 p.m. Mayor Noe called the meeting back to order at 9:15 p.m., all City Councilmen being present with the exception of Councilman Gorzeman MONTHLY ACTIV,I,TY REPQRTm JANUARY, ,1,965: It was moved by CounCilman McCarney, seconded by Councilman Wright, and unanimously carried, the Monthly Activity Report for January 1965 be received and filed. ~C.CE~ANCE OF. DEE. DS BY .CITY MA~.AG.E.~.: A report dated February 18, 1965, was presented from the City Manager, stating that during the past several months there has been a notable increase in the number of items on theCity council agenda requiring Council action, and among these items are acceptance of various types of easements and deeds required in the processing of residential and connnercial developments. Many communities throughout the State have adopted a procedure whereby the Council has gi~elauthorizatiou, through the adoption of a resolutions to the City Manager or City Clerk to accept deeds ou behalf of the City Council. It was moved by Councilman McCarneys seconded by Councilman Wright, and unanimously carried, to adoptsthe following Resolution, authorizing the City Manager to accept degds and to consent to the recordation thereof on behalf of the City Council, and further to request the City Manager to bring to the attention of the City Council any deeds which are deviations from the routine requirements of property dedication. The title of the Resolution is as fD~lows: RESOLUTION NO. 554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER TO ACCEPT DEEDS OR GRANTS CONVEYING AN INTEREST IN REAL ESTATE OR REAL PROPERTY TO SAID CITY AND TO CONSENT TO THE RECORDATION THEREOF. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and No· None Go r zero an February 23, 1965 SECOND RE ,AD.IMG' ORDINANCE ,NO. 24~V' ADOPTIN,G BY REFERENCE THE UNIFORM ~3ILDI~G CODE: It was moved by Councilman Wright, ~ecoD~ed by C~hcik~a~'hccarney, a~a unanimously carried, the following Ordinance be read by title o~ly, title as follows: ORDINANCE NO. 245 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 126 AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1964 EDITION, VOLUME I AND 1964 EDITION, VOLUME III, STANDARD It was moved by Counctlman McCarneys seconded by Councilman Wright, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 4 COUNCILMEN: N OE S: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: iranel, McCarney, Wright, and Noe None Gorzeman SECOND REAp.ING ORD,INANCE NO. ,246,, ,Ap,,,OP~,ING bY REF,EREN~E THE NATIONAL ELECTRICAL CODE| ~t was moved by Councilman Kanel, seconded by Counctlman"'~"c'~arn~,' and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 117 AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1962 EDITION, AS AMENDED It was moved by Councilman Wright, seconded by Councilman McCarneys m~d unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMN: ABSENT: 1 COUNCILMEN: Kanel, McCarney, Wright, and Noe None Gorzeman SECOND READING ORDINANCE NO. 247. ADOPTING B[ REFERENCE THE UNIFORM PLUMBING CODE: It was moved by Counctlma~ Kanel, seconded by Councilman McCarney, and unsmimons~y carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO, 247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 106 AND ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1964 EDITION, AS AMENDED It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken~ AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Kanel, McCarneys Wright, and Noe None Gorzeman SECOND READING ORDINANCE NO~ 248s ADOPTING BY REMERENCE THE UNIFORM HEATING AND ~OMFORT COOLING CODE: It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carrted~ the following Ordinance be read by title only, title as follows: ORDINANCE NO. 248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 106 AND ADOPTING BY REFERENCE THE UNIFORM HEATING AND COMFORT COOLING CODE, 1964 EDITION, AS AMENDED COUNCILMAN GORZEMAN RETURNED TO THE MEETING AND TOOK HIS CHAIR ON THE PODIUM AT 9|20 P.M. February 23, 1965 It was moved by Councilman HcCarney, seconded by Councilman Wright, and unanimously carried, this Ordinanne be adopted, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE. NO. 249,..ADOPTING BY REFERENCE. THE ~I.P.~. P.REV~.NTI.ON f,~P!: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried the following 8rdinance be read by title only, title as follows: ORDINANCE NO. 249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 59 AND ADOPTING BY REFERENCE THE FIRE PREVENTION CODE, 1960 EDITION, OF THE NATIONAL BOARD OF FIRE UNDERWRITERS, AS AMENDED I t was moved by Councilman McCarney, seconded By Councilman Wright, and unanimously carried, this Ordinance be adopted. The following roll call vote wasmken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEg: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneys Wright, and Noe None None SECOND READ..ING .Q.RD!NANCE ~0.,.. 2.5.0.,..ADOPTING THe. UNIFOP~M., TRAFF~ ORDINANCE: It was moved by Councilman MeCarney, seconded by Councilman Wright, and unanimou,~y carried, the following Ordinance be read by title 6nly, title as fo 1 lows: ORDINANCE NO. 250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGULATING THE USE OF AND TRAFFIC UPON THE STREETS, SIDEWIkLKS AND OTHER PUBLIC AND PRIVATE PLACES IN THE CITY OF CYPRESS; THE USE, PARKING AND GONTROL OF~EHICLES THEREON, AND REPEALING ORDINANCE NO. 107 AND ALL ORDINANCI~AMENDATORY THEREOF AND ADOPTING BY REFERENCE THE 1964 EDITION OF THE UNIFORM TRAFFIC ORDINANCE OF THE LEAGUE OF CALIFORNIA CITIES, AS AMENDED It was moved by Councilman McCarney, seconded by Coun~ilman Gorzeman, 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 SECOND READING ORDINANCE NO.. 251, AMENDING .QRDINANCE NO~ 90, .T~ ~ONING ORDINAN.CE.: It was moved by Councilman McCarney, seconded by Councilman Wright and unanimously carried, this Ordinance be read by title only, title as follows: ORDINANCE NO. 251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE It was moved by Councilman McCarney, 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: C~r~man, Kanel, McCarneys Wright, and Noe None None February 23, 1965 SECOND READING ORDINANCE NO. 2521 RE: .Zg.NE' CHANGE N9. Z-125 (LOU~S STRUIKMAN): 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. 252 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 R-4 (HIGH DENSITY MULTIPLE-FAMILY) TO R-1 (ONE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-125 It was moved by Councilman McCarney and seconded by Councilman Gorzeman this Ordinance be adopted. Prior to voting discussion was held. Councilman Kanel stated that he was against Zone Chan~e No. Z-125 because he feels it is not the proper zoning for the subject area. Councilman Kanel also stated that he has information that a projected park site will be lost if this zone chan~e is approved. The following ~oll call vote was taken on Councilman McCarney's motion to adopt Ordinance No. 252; AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, and Noe Kanel and Wright None RESOLUTION ALLOWING CLAIMS AND pEMANDS NOS. 10736 THRU 10787 (PAYROEL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 555 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 10736 THRU 10787 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzemans Kanel, McCarney, Wright, and Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 10788 THRU 10822 {COMMERCIAL WAR~ANTS}: It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried, the following Resolution b~ adopted, title as follows: RESOLUTION NO. 556 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAMS AND DEMANDS NOS. 10788 THRU 10822 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORAL ~OMMUNICATIONS: There were no oral commaunications presented at this time. ADJOURbAMENT: There being no further business to come before the City Council, it was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the meeting adjourn at the hour of 9:25 p.m. ATTEST: February 23, 1965