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HomeMy WebLinkAboutMinutes 65-06-14MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS IlELD June 14, 1965 ~le Cypress City Council held a regular meeting on June 14, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:03 p.m. Mayor Frank P. Noe presiding. PRESENT: Kanel, Wright, and Noe ABSENT: Gorzeman and McCarney Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative Assistant Darrell Dalton; Public Works Director Arthur Schatzeder; and Secretary of the Planning Cor~nission George Putnam. The City Manager explained that this was the first meeting of the City Council to be held in tile afternoon, as provided for in Ordinance No. 262, and the Council could take action on any item listed on tile agenda except the Public Hearings, which are scheduled for 7:30 p.m. He further stated that if the Council wished to discuss any matter scheduled for public ~earing at this time, it would be permissable, providing the same general discussion was repeated during the scheduled public hearing. Councilman Kanel suggested that at the 7:30 p.m. session of the City Council meeting, tile City Mm~ager advise the audience of the actions taken during the 3:00 p.m. maeting. ~fINUTES: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the minutes of the Adjourned Regular meeting of May 18, 1965, be approved as mailed. It was n~ved carried, the ~ailed. by Councilman Kanel, seconded by Councilman Wright, and unanimously minutes of the Special Meeting of May 18, 1965, be approved as It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of the regular meeting of May 24, 1965, with one correction, as follows: The last paragraph on page 10 should read "Following disoussion concerning this matter, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to authorize the City Manager and Public Works Director to employ a consulting Engineering firm to review the preliminary engineering plans for the sump and pump station facilities in Drainage District 2-A in an amount not to exceed $1,000." It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, the minutee of the Adjourned Regular meeting of June 7, 1965, be approved as mailed. ORAL COPR~UNICATIONS: ~lere were no oral communications presented at this time. COUNCILMEN GORZE~,~IN AND MC CARNEY ARRIVED AT THE MEETING AT 3:20 P.M. AND TOOK THEIR CHAIRS ON THE PODIUM It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to proceed to Item No. 5 of the agenda at this time. CO~UNICATION FROM CITY OF S~N JUAN CAPISTRANO RE: OPPOSITION TO SENATE BILL NO. 997 RE: MOTOR VEBICLE LICENSE FEES: The City Manager presented a communication dated May 24, 1965, from the City of San Juan Capistrano, ~ransmitting a Resolution opposing Senate Bill No. 997, and requesting the City Council to adopt a similar Resolution in opposition to the. subject Bill. Upon being advised by the City Manager that th~ bill does not directly affect the taxpayers of Orange County, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. June 14, 1965 404 CO~UNICATION FROM DIEHL, EVANS, AND CO~IPANY, tIE: CITY AUDIT REPORT FOR PERIOD ENDED M~CH 31, 1965: The City Manager presented a communication from Diehl, Evans, and Company, City Auditors, transmitting the quarterly Audit Report for the period ending March 31, 1965. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ASSE~.BLYMAN JA~IS E. WHETMORE RE: ORA~NGE COUNTY SENATORIAL DISTRICT REAPPORTIONMENT: The City Manager presented a communication dated June 7, 1965, from Assemblyman James E. Whetmore, transmitting plans for Orange County senatorial district reapportionment, and requesting the City Council to support one of thetwo plans proposed. Following discussion concerning this matter, it was moved by Councilman [IcCarney, seconded by Councilman Kanel, and unanimously carried, to receive and file tile communication from Assemblyman Whetmore. COM~,iUNICATION FROM ORA~NGE COUNTY BOUNDARY COMMISSION NOTIFYING CITY OF ANNEXATION TO TIlE CITY OF LA PALMA: The City Manager presented a communica- tion from the Orange Coum=y Boundary Commission, notifying the City of proposed Annexation No. 65-3 tO the City of La Palma, located on the east side of ~alker, north of Crescent and south of the ~Ioody Street Channel. It was moved by Councilman ~cCarney, seconded by Councilman Kanel, and unanimously carried, this conmunication be received and filed. CO:-D~UNICATION FRO~ OI{ANGE COUNTY J~OARD OF SUPERVISORS liE: ,I~NOTT AVENb~ ~.NEXATION TO THE CITY OF GARDEN GROVE: A communication was presented from tt~e Orange County Board of Supervisors, transmitting a Resolution informing the City of the intention of the Board of Supervisors to cause the annexation of the east half of Knott Avenue south of the Stanton Storm Channel to the City of Garden Grove. It was moved by Councilman Wright, ~conded by Councilman Kanel, and unanimously carried, this commur~a~on be received and filed. CO~Ib~ICATION FROM ORANGE COUNTY BOARD OF SUPERVISORS~ RE: KNOTT AVENUE ANNEXA- TION TO THE CITY OF CYPRESS: The City Manager presented a communication from the Orange County Board of Supervisors, transmitting a Resolution notifying the City of tile Board's intention to annex the west half of Knott Avenue from the Stanton Storm Channel south to the Cypress City limits to the City of Cypress. The City Manager pointed out that this annexation was pursuant to Section 35450 of the Governn~nt Code, which allows contiguous unincorporated territories consisting only of a highway right-of-way, the full width of which ~ bounded on both sides by city boundaries, to be annexed to the a~jacent cities by action of the County Board of Supervisors. Following brief discussion concerning this matter, it was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. CONSIDERATION OF TENTATIVE TRACT 5[AP NO. 5337~ JOHN S. MAY: The City Manager, presented Tentative Tract blap No. 5337, located between Grindlay and Moody, approximately 686~ south of Lincoln, 45 R-1 lots, 10.4 acres, as requested by John S. May, 9886 Garden Grove Blvd.,Garden Grove, California. The City Manager also presented a communication from the Secretary of the Planning Commission, outlining the conditions of approval recommended by the Planning Commission. Mr. John S. May, applicant, addressed the Council, stating that he agrees with tl~e conditions, with the exception of No. 2 and No. 14. With reference to Condition No. 2 concerning fencing around the flood control channel, ~r. May stated that the area is completely lined with existing corrals, which are fenced. Mr. May also stated thatwith reference to Condition No. 14 concerning a chain ]ink fence to be installed on the easterly side of "C" Street and the northerly side of "D" Street, that the fence has already been installed by the adjacent Catholic Church school, one side with a barbed wire fence and the other with a chain link fence. June 14, 1965 Discussion was held concerning Condition No. 2 concerning fencing around the flood control channel. The City Manager indicated that this condition would somewhat depend upon whether the City obtains ultimate dedication on the south side of the channel prior to development of the subject tract· Discussion was also held concerning Conditia~:No. 14, concerning a chain link fence on the easterly side of "C" Street and the northerly side of "D" Street. The Secretary of the Planning Commission stated that the Planning Commission felt the chain link fence would be advantageous to the subdivision· It was moved by Councilmm~ Wright and seconded by Councilman Gorzeman to approve Tentative Tract Map No. 5337, subject to the following conditions: The developer shall dedicate the southerly 22~ feet for a flood control channel. The developer shall install fencing around the flood control d~annel. The location aad alignment of this fence shall be approved by the staff. The developer shall grade the flood control ditch subject to the approval of the City Engineer. Drainage fees shall be paid in accordnace with the Subdivision Ordinance. Access rights shall be dedicated to the City of Cypress on the final map along lots adjacent to Grindl~y Street and Moody Street. Interior Streets shall be dedicated and fully improved to City standards. Grindlay Street shall be dedicated 30' westerly of the centerline and improved to City standards. Moody Street shall be dedicated 50' easterly of the centerline and improved to City standards. A 6' high concrete block wall shall be erected along lots abutting Moody Street in accordance with the City standards. 10. Drainage shall be solved to the satisfaction of the City Engineer. The southerly property lines of Lots 13, 18, and 29 shall be adjusted so that the ]0' sewer easement can be aligned innnediately adjacent to these property lines. The drainage easement between Lots 15 and 16 shall be reduced to 6' in width and shall be located all on one lot. The drainage easement between Lots 31 and 32 shall be located all on one lo[. Access rights along the easterly line of "C" Street shall be dedicated to the City on the final map and the access rights along the northerly right-of-way line of Street "D" shall also be dedicated to the City of Cypress on the final map. Prior to voting on this motion, discussion was held concerning the barbed wire fence existing adJacent to the subdivision. The City Manager indicated that this would probably have to be removed when the tract is built. The following roll call vote was taken on Councilmen Wright's motion to approve Tentative Tract Map No. 5337 subject to the ~b6,e-listed 13 conditions: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None CONSIDERATION OF TENTATIVE TRACT MAP NO. 5903i DA NOR DEVELOPMENT~ INC.: The City Manager presented Tentative Tract Map No. 5903, located appro~imately midway between Orange and Ball along the east side of Grindlay Street, 3.0 acres, 14 R-1 lots, as requested by Da Nor Development, Inc., 800 South Brookhurst, Anaheim, California. Also presented was a communication from the Secretary of the Planning Commission, outlining the conditions of approval recommended by the Planning Commission· June 14, 1965 Discussion was held concerning the layout of the lots in the proposed tract. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve Tentative Tract Map No. 5903, subject to the following conditions: Rome Street shall be extended along its existing cemterline and shall not have a reverse curve as indicated on the proposed tentative tract map. Rome Street shall be dedicated 35' from the easterly end of the tract and improved to City standards· Grindlay Street shall be dedicated 30' east of centerline and imprDved to City standards. 4. Street "A" shall be dedicated and improved to City standards. Drainage fees shall be paid in accordance with the Subdivision Ordinance. The developer shall cement between the southerly curb line and the existing block wall on Street "~'. TIle final map shall not be approved until a variance has been obtained for lot width on Lots 1,2, 4, 6, 8, 12, 13, and 14, and the variance shall also request waiver of lot area for Lots 12, 13, and 14. The developer shall give evidence to the City of Cypress prior to the recordation of the final map that the existing 10' Edison Easen~nt located along the northerly property line on Lots 10 and 14 has been abandoned. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None QONSIDERATION OF TENTATIVE TRACT MAP NO. 5940~ JOHNNY JOHNSON: TIle City Manager presented Tentative Tract Map No. 5940, located on the west side of Denni~ between Orange and Lincoln~ 47 R-I lots, as requested by Johnny Johnson, 8151 Orangethorpe Avenue, Buena Park, California, and also presented a communication from the Secretary of the Planning Commission, outlining the conditions of the approval recommended by the Planning Comm~ss ion. Following a brief discussion concerning the proposed drainage solution for this~ea, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to continue consideration of this Tract map until the 7:30 p.m. portion of the City Council meeting. RECESS: Mayor Noe called a recess at the hour of 4:20 p.m. The meeting was called back to order at 4:28 p.m., all City Councilmen being present· Prior to considering the next item on the City Council agenda, the City Attorney reviewed the criteria to be used by the City Council in the approval or denial of subdivision tract maps. ~TABLISHMENT OF LIGHTING DISTRICTS: A report dated May 27, 1965, was presented from the City En~ineer, outlining the need to establish lighting districts for those subdivisbns which are not in a lighting district, but which have been accepted for maintenance by the City. It was moved by Councilmen McCarney, seconded by Councilman Wright, and ~lanimously carried, tile fol]mwi,ng Resolution be adopted, title as follows: June 14, 1965 RESOLUTION NO. 598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND REPORT, PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HI~{WAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919", FOR THE INSTALLATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LI~ITING SYSTEM IN SAID CITY FOR A PERIOD OF SIXTEEN (16) YEARS AND T~Rk~E (3) MONTHS, BEGINNING OCTOBER 1, 1965, AND ENDING JANUARY 1, 1982, WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None EXTENSION OF AGREEMENT FOR FIRE PROTECTION SERVICES: A report dated June 10, 1965, was presented from the City Manager, advising that the existing Agreement between the County of Orange and the City of Cypress for fire protection services expires on June 30, 1965. An agreement has been prepared by the Orange County Counsel's office to extend this service for an additional one-year term. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously oarried, to approve the Agreement extending the Agreement for fire protection services between the City of Cypress and the County of Orange for a term commencing July 1, 1965 and ending June 30, 1966, and authorize the Mayor to sign end City Clerk to attest the subject agreement. The following roll call vote was taken: AYES: 5 COUNCIL}~N: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None AUTHORIZATION FOR PUBLIC WORKS DIRECTOR TO EXECUTE FLOOD CONTROL PERMITS: A report dated June 10, 1965, was presented from the City Manager, recommending that in the future the Public Works Director be authorized to execute Orange County Flood Control Permits on behalf of the City of Cypress since both the processing of the permit and the conditions established for issuance of the permit are routine in nature. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously oartied, the following Resolution be adopted, title as follows: RESOLUTION NO. 599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY(F CYPRESS AUI]tORIZING AND DIRECTING TEE PUBLIC WORKS DIRECTOR TO EXECUTE ALL ORANGE COUNTY FLOOD CONTROL PERMITS ON BEHALF OF THE CITY OF CYPRESS, EXCEPT THOSE PERTAINING TO EASE}ZNTS The following roll call vote was takan: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright,and Noe None None TR~H DISPOSAL FRANCHISE A~ND}~NT: A report dated June 10, 1965, was presented from the City }~nager, stating that the past policy in collecting the franchise payment from the Cypress Disposal Company has proven to be a difficult method, and recommending the Agreement between the City of Cypress and Cypress Disposal Company be amended to con~-ert the franchise payment to an amount based on actual revenues received during the past fiscal year. It was moved by Councilman Wright and seconded by Councilman McCarney to authorize the City Attorney to amend the Agreement between the City of Cypress Disposal Company to provide for the payment of the franchise ~ee'~as of July 15th of each year based on the actual receipts of the prior fiscal year, and further authorize the Mayor to sign and City Clerk to attest this modification. Prior to voting on this motion, discussion was held. June 14, 1965 Councilman Kanel suggested that thie matter be discussed during the 7:30 p.m. portion of the City Coudcil meeting; however, following further discussion, the following roll call vote was taken on Councilman Wright's motion: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, ad Noe None N~ne ADDITIONAL APPOINTMENTS TO PARK AND RECREATION STUDY COMMITTMg: A report dated June 10, 1965, was presented from the City Manager, stating that the following persons have been suggested for appointment to the Park and Recreation Study Committee, as additions to those appointed by the City Council at the regular meeting of May 24, 1965: Cypress Womens' Comunity Club - Mrs. Christine Swain Rancho Alamitos Rotary Club - Mr. Henry Neishi Members at Large - Mr. Rodhey Duquette Mrs. Genevieve Neubauer Mrs. Joan Kroos Mrs, Marsha Wright Following a brief discussion concerning these additional appointments, it was moved by Councilmen Wright, seconded by Councilmen Gorzeman, and unanimously carried, the above-mentioned persons be appointed to the Park and Recreation S~udy Commnittee. RENEWAL OF CItY MALL LEASE: A report dated June 10, 1965, was presented from the City Manager, outling the need to renew the lease for the City Hall facilities and setting fortIx ~e options availab~ to the City. Following discussion concerning this matter, it was moved by Councilmen Kanel, seconded by Councilman Wright, and una~imously carried, to consider this matter at the 7:30 p.m. portion of the meeting. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEn: Gorzeman, Kanel, McCarney, Wright, and Noe None None SEWER EASEMENT ABANDON~ZNT, TRACT NO. 5685: The City Manager stated that the City Engineer's Office had requested this matter be continued for further study due to a discrepancy found in the sewer easement for Tract No. 5685. It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, to continue consideration of the Sewer Easement Abandonment in Tract No. 5685 until the regular meetin~of June 28, 1965. APPLICATION FOR FIREWORKS STAND PERMIT--CYPRESS DEMOCRATIC CLUB: A report dated June 10, 1965, was presented from the City Manager, stating that a request has been received from the Cypress Democratic Club to locate a Fire- works stand at the southeast corner of Moody and Ball Road. All requirements ha~e been met and the location has been checked and is satisfactory. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to grant the fireworks stand permit for the Cypress Democratic Club subject to the obtaining of all required building permits. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe NOES: 0 COUNCIL~N: None ABSENT: 0 COUNCILMEN: None ABSTAINED: I COUNCILMEN: Kanel APPLICATION FOR FIREWORKS STtND PERMIT--CYPRESS LIONS CLUB: A report dated 3ane 10, 1965, was presented from the City Manager, stating that a request has been received from the Cypress Lions Club to locate a fireworks stand at the southeast corner of Valley View and Cerritos. All requirements have been met and the location is satisfactory. ......... J__t~xe_ 14_, 196~5 i ..................................................... It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to grant the fireworks stand permit for the Cypress Lions Club subject to the obtaining of all required building permits. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None RELEASE OF BOND FOR INSTALLATION OF CHAIN LINK FENCE IN TRACT NO. 4686, R.H. GRANT AND .COMPANY: A communication dated June 10, 1965, was presented from the City Manager, stating that the Public Works Inspector has recommended release of the bond deposited by the Robert H. Grant Company for the installation of a chain link fence or equivalent along the south line of Tract No. 4686. A concrete block wall has been installed along this boundary line, fulfilling the requirement established by the City Council. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to authorize the City Clerk to release Bond No. 15-3-0340 issued to Shadycres t Homes for the installation of a chain link fence in Tract No. 4686. The following roll call vote was taken: AYES: 5 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None EIi~ENSION OF PROVISIONAL APPOINTMENT~ JUNIOR CIVIL ENGINEER: A report dated June i0, 1965, was presented from the City Manager, stating that the provisional appointment of Walter Merigan to the position of Junior Civil Engineer expirem this date, and recommending that since an employment list for this position has not been certified at this time, that the provisional appointment be extended for a 30-day period of time. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to extend the provisional appointment of Mr. Walter Merigan for a 30-day period in the existing position of Junior Civil Engineer. 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 ~LMENDING. ORDINANCE NO. 901TItE ZONING ORDINANCE~ ADDING A NEW "C-3 COMMERCIAL MANUFACTURING'ZONE: It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter until the 7:30 p.m. portion of the meeting. SECOND READING ORDINANCE APPROVING ~NNEXATION OF UNINH/hBITED TERRITORY KNOWN AS WATSON ANNEXATI9N: MAYOR NOE STATED THAT SINCE HE OWNS PROPERTY IN THE SUBJECT AREA, HE WOULD STEP DOWN FROM TItE PODIUM AND TURN THE GAVEL OVER TO ~YOR PRO TEM PETER D. GORZEMAN It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title ohly, title as follows: ORDINANCE NO. 272 AN ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "WATSON ANNEXATION" TO TIlE CITY OF CYPRESS. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCIL}ZN: Gorzeman, Kanel, McCarney, and Wright None No~ MAYOR NOE RETURNED TO HIS CHAIR ON ~{E PODIUM AN~ PRESIDED FOR THE REMAINDER OF THE MEETING. ~une 14, 1965 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 11518 AND 11520 THRU 11572 (PAYROLLS: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be edopted, title as follows: RESOLUTION NO. 600 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CLAIMS AND DEMANDS NOS. 11518 AND 11520 TtlRU 11572 The following roll call vote was token: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN:. Gorzeman, Kanel, McCarney, Wright, and Noe None None RESOLUTION ALLOWING CLAIMS AND DEMANDS FOR COMMERCIAL WARRANTS: It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to continue consideration of the subject Resolution until the 7:30 p.m. portion of the meeting in order to allow an audit to be made of the con~ercial warrants. STATUS OF CIVIC CENTER PROJECT: The City Manager verbally reported that five Cypress citizens have indicated an interest in serving on the Non-Profit Corporation for the lease-back financing of the Civic Center, and a meeting has been scheduled during the latter part of this week to consider the articles of incorporation. Mr. Essex also reported that the Civic Center architect will have the preliminary concepts of the over-all development and design during the next week for presentation to the City Council. NAMING OF JUNIOR COLLEGE IN CYPRESS: The City Manager advised the Council that a meeting of the North Orange County Junior College District Board of Trustees had been scheduled for Tuesday, June 15, 1965, at which time the name of the proposed college will be selected. RECESS: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to declare a recess at the hour of 5:10 p.m. until the hour of 7:30 p.m. CALL TO ORDER: Mayor Noe called the City Council meeting back to order at the hour of 7:30 p.m. with the following in attendance: PRESENT: Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Administrative kssistant Darrell Dalton; Public Works Director Arthur Schatzeder; Secretary of the Planning Commission George Putnam; Building Superintendent Thomas Nudson; and Police Chief O. C. Foster. Prior to beginning the Public Hearings scheduled for 7:30 p.m., the City Manager reviewed the actions taken by the City Council at the 3:00 session of the meeting. PUBLIC HEARING RE: ZONE CHANGE NO. Z-135 (REUBEN C.I WILDER): The Mayor announced this was the time and place for the Public Hearing to consider an amendment to the Zoning Ordinance No. 90 to change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) on property generally located at the northwest corner of Moody and Orange, requested by Reuben C. Wilder, 5681 Deborah Street, Long Beach, California, known as Zone Change No. Z-135. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the propseed use. 1965 Mr. K. E. Johnson, 8151 Orangethorpe, Buena Park, addressed the Council on behalf of the applicant, speaking in favorof the proposed use. The etty Manager presented Planning Commission Resolution No. 262, recommending approval of Zone Change No. Z-135. In answer to a question from Councilman C~rzeman, the Secretary of the Planning Commission advised that the size of the subject parcel was 190' x 135', which would be sufficient for a service station. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman Wright, 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 R-1 (ONE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES) ZONE CHANGE NO. Z-135. It was moved by Councilman Gorzeman and seconded by Councilman Wright,this Ordinance pass its first reading; however, prior to voting on this motion, further discussion was held. In answer to a question from Councilman Kanel concerning the need for additional service stations within the City, the City Manager advised that the Economic Research Associate's study had stated that additional service stations were needed in the subject area. The following roll call vote was taken m Councilman Gorzeman's motion to adopt the first reading of the above Ordinance: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: SPECIAL PERMIT TO SOLICIT WATER SOFTENER SERVICE: The Mayor announced this was the time and place for the Public Hearingto consider an application for Special Permit to solicit from door to door in order to sell soft water service for Rayne, Orange Coast, as requested by Dave McKee, 8011 San Lazaro Circle, Buena Park, California. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Special Permit. The City Manager presented a report dated May 20, 1965, stating that an investigation of the applicant by the Chief of Police had revealed no grounds for denial of this application because of any reason involving moral turpitude or criminal record. The City Attorney reviewed the section of the Special Permit Ordinance concerning the grounds for issuing or denying a Special Permit. 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, to grant the Special Permit to Mr. Dave McKee, 8011 San Lazaro Circle, Buena Park, to solicit soft water set,ice for Rayne, Orange Coast subJe~ to the following conditions: 1. That the applicant obtain a bushhess license. Any misrepresentations of the merchandise or other conditions of sale will be cause for cancellation and/or refusal to re-issue the permit. June 14, 1965 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT~ 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: SPECIA~ PERMIT TO SOLICIT ALUMINUM AWNINGS: The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to solicit from door to door in order to sell Aluminum Awnings for Aluma Kool, as requested by Doris A. Head, 8720 Valley View, Apt. J-6, Buena Park, California. The Mayor declared the Public ltearing open and asked if anyone in the audience wished to speak for or against the application for Special Permit. The City Manager presented a report dated May 20, 1965, grating that an investigation of the applicant by the Chief of Police had revealed no grounds for denial of this application because of any reason involving moral turpitude or Criminal record. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to grant the Special Permit to Miss Doris Head, 8720 Valley View, Apt. J-6, Buena Park, to solicit aluminum awnings from door to door for Aluma-Kool Awnings, subject to the following conditions: 1. That the applicant obtain a business license. That any misrepresentations of the merchandise or other conditions of the sale will be cause for cancellation and/or refusal to re-issue the perddt. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL}~N: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAIN}~NT PERMIT AT THE BODY SHOP: The Mayor announced this was the time and place for the Public Hearing to consider an application for Live Entertainment Permit to allow the bar maids to dance behind the bar while performing their duties at the Body Shop, 4612 Lincoln Avenue, Cypress, California, as requested by Jack and Wilfred Glatt. The Mayor declared the Public llearing open and asked if anyone in the audience wished to speak for or against the Live EntertAinment permit· The City Manager presented a report dated June 10, 1965, stating that the entertainment requested was described as follows: "Barmaids to dance only behind bar periodically while performing their duty as a barmaid. Dancing barmaids are not permitted to serve beer except behind bar. While dancing, they are to remain two feet from the innermost edge of the bar. Dancing is to be modern dancing only." The City Manager's report also stated that an investigation of the applicant discloses no basis for denial on the basis of personal history or reputation; however, the Council should consider whether or not the live entertainment comports with the peace, health, safety, convenience, good morals, and general welfare of the public. The report further outlined the law enforecement problems at beer bars with this type of live entertainment. Mr. Jack Glatt, applicant, addressed the Council, speaking in favor of the application for live entertainment, stating that the entertainment is needed to make the business profitable. Mr. Glatt indicated that he wishes to run the business and keep the dancing at a high moral level. Mr. Calvin Meekhof, 9731 South Walker, Cypress, addressed the Council, stating that he feels this type of permit would not be an asset to the community, but would be detrimental f~na moral standpoint and wou{d bring a lower element into the City, as well as increase the cost to patrol the area. June 14, 1965 There being no further oral protests and no written communications, the Mayor declared the Public Heraing closed. In answer to a question from Councilman Kanel concerning a description of "Modern Dancing" as requested in the application, Mr. Jack Glatt indicated that no "bumps and grinds" would be permitted. Mr. Glatt also indicated that the barmaids would dance only at a distance of two-feet behind the bar. In answer to a question from Councilman Gorzeman, the Chief of Police indicated that numerous restrictions would be needed if the permit were to be granted. Mr. Jack Glatt addressed the Council, stating that the dancing barmaids would not be allowed to come from behind the bar and serve from the floor. Following brief discussion concerning the possiblity of continuing considera- tion of this matter, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to .deny the application for Live Entertainment at .the Body Shop. The following roll call vote was taken:'! AYES: 5 COUNCILMEN: NOES: 0 COUNCIL}~N: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None CONSIDERATION OF TENTATIVE TRACT MAP NO. 5940~ JOHNNY JOHNSON: The City Manager presented Tentative Tract Map No. 5940, located on the west side of Denni, between Orange and Lincoln, 47 R-1 lots, as requested by Johnny Johnson, 8151 Orangethorpe Avenue, Buena Park, California, and also presented a communication from the Secretary of the Planning Commission, outlining the conditions of approval recommended by the Planning Commission. In answer to a question from Councilman Gorzeman concerning Condition No. 4 reconanended by the Planning Commission, the Administrative Assistant indicated that ~e subdivider should be required to improve Denni Street because he is splitting the adjacent lotl Considerable discussion was held concerning the proposed drainage eolution for the subject tract. The Public Works Director indicated that the drainage problem could be solved since the City will have facilities to take the water down-stream. He further indicated that the drainage problenm would have to be solved before the final tract map could be approved by the City Council. It was moved by Councilman Gorzeman, s~conded by Councilman Wright, and unanimously carried, to approve Tentative Tract map No. 5940, subject to the following conditions: 1. All cul-de-sacs shall have a fifty (50~ radius. All drainage fees shall be paid in accordnance with the Master Plan of Drainage. Drainage for the tract shall be solved to the satisfaction of the City Engineer. Denni Street shall be dedicated 42' from centerline and improved to City standards. ~ Lots 31, 32, and 37 shall be 70' in width and lots 33 through 36 shall be 65' in width. 6. All lots shall conform to minimum width and depth standards. 7. All streets shall be improved to City standards. A lot "A" shall be offered for dedication on the final map; this lot shall extend across the northerly property line of the proposed subdivision to within 100* of the westerly property line of the subdivision. o A 6' high grapestake fence shall be erected along the Lot "A" immediately behind the curb. This fence shall ex~end 120' east of the west line of Lot 48. June 14, 1965 A 6' high ornamental concrete block wall shall be erected along ~ae easterly property lines of Lots 1, 15, 16, 30 and 31 with openings left for the walkways as indicated on the tentative tract. This wall also shall extend along the southerly property lines of Lots 31 through 37. A Lot "B" shall be offered for dedication on the final map; this lot shall extend along the southerly line of "E" Avenue to the west line of Lot 37. In lieu of tree planting in the parkway, the developer shall deposit with the City $10.00 for each tree normally required; in conformance with the Parkway Tree and Parkway policy of the City. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None REN~4AL ~F CItY M~LL LEASE: A report dated June 10, 1965, was presented from the City Manager, outlining the two options for renewal of the existing City Hall facilities. The report further stated that barring unforeseen delays, the new City Hall facilities should be ready for occupancy no later than June 15, 1966. Following dis~us~on concerning the feasibility of renting other City Hall facilities for the next year, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize the City Manager to execute a lease between Carl Trautman and the City for the leasing of the existing City Hall facilities at a monthly rental of $410.00, to expire on June 30, 1966, with the condition that the City will obtain an option ~o lease for a period following expiration of the lease at $450.00 per month, on a month-to-month basis. 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 AMENDING ORDINANCE NOv 90, ADDING A NEW "C-3 C~{MERCIAL MANUFACTURINg'ZONE: It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanin~usly carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, PART 13, IN TOTAL, TO PROVIDE FOR A NEW "C-3" ~OMMERCIAL MANUFACT~RINC ZONE It was moved by Councilman Kanel, and seconded by Councilman Wright to adopt this Ordinance; however, prior to voting on this motion, further disenssion was held. Discussion was held concerning various sections of the Ordinance, with Mayor Noe stating that he is not completely satisfied with the entire Ordinance, but feels the Ordinance is needed and can be amended as required at a later date. Councilman McCarney suggested the possiblity of Section 113.2-K, regarding Bottling, requiring a Conditional Use Permit. The City Attorney advised that if the Council wished to change any portion of the Ordinance at this t~me, the ma~ter must be submitted back to the Planning Commission for report. Councilman Wright withdrew his second to the motion and Councilman Kanel withdrew his original motion. June 14, 1965 The City Manager pointed out the desirability of adopting the Ordinance at this time in order to have control over businesses which would fall in the C-3 zones of the City. Upon this reconunendation, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and carried, to approve the second reading of the subject Ordinance. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Wright, and Noe McCarney None A motion was made by Councilman McCarney and seconded by Councilman Wright to refer Section 113.2 of Ordinance No. 273 back to the Planning Commission for study concerning the need of requiring Conditional Use Permits on each of the uses permitted in this section. Prior to voting on this motion, discussion was held concerning various uses permitted in the new C-3 zone. TIle Secretary Of the Planning Commission advised the Council that the Planning Commission studied each use and indicated those where a Conditional Use Permit would be required. The following roll call vote was taken on Councilman McCarney's metion: AYES: 4 NOES: i COUNCILMEN: Kanel, McCarney, Wright, and Noe COUNCILFIN: Gorzeman RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 11515t 11516m 11517t AND 11519 THRU 11645 (COMMERCIA~ WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimousb/carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 601 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 11515, 11516, 11517, ~/qD 11519 THRU 11645 TIle following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ORAL CO~4UNICATIONS: Mr. Lawrence Crawford, 5578 Newman Street, Cypress, addressed the Council on behalf of various residents on Newman Street, concerning the nuisance water on the south side of Newman. Mr. ~r~wford displayed newspaper clippings and photographs concerning the poor drainage on Newman Street, stating that the condition has been much worse during the past two eo three years. He also indicated that at the corner of Walker and Newman the water standing on one location is very deep. The Public Works Director advised Mr. Crm~ford that a storm drain is scheduled to be installed in Newman Street in the very near future which will assist in eliminating the drainage problem on that street. In answer to a further question from Mr. Crawford, the City Manager indi{ated that upon completion of the installation of the storm drain, the street surface an Newman would be rejuvinated. With reference to the water standing on Newman Street at the present time, the~Public Works Director advised that the street crew would continue to check the area and pump out the water when possible. Mr. Crawford stated he appreciated any help the City could give in this matter. ADJOURNMENT: 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 bur of 8:55 p.m. "' CIl~f' CLERK/ June 14, 1965 415