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HomeMy WebLinkAboutMinutes 65-09-27483 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD September 27, 1965 The Cypress City Council held a regular meeting on September 27, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; Administrative Assistant Darrell Dalton; Assistant Planner George Putnam; and Public Works Director Arthur Schatzeder. MINUTES: It was moved by Councilman Gorzeraan, seconded by Councilman Wright, and unanimously carried, to approve the minutes of September 13, 1965, as mailed. ORAL COMMUNICATIONS: There were no oral communications presented at this time. COMMUNICATION FROM CARL J. KYMLA, ORANGE COUNTY ECONOMIC DEVELOPMENT CONFERENCE RE: RESOLUTION ENDORSING CONFERENCE: The City Manager presented a communication dated August 12, 1965, from Mr. Carl J. Kymla, Secretary of the Orange County Economic Development Conference Execu[ive Committee, requesting the City Council to adopt a Resolution endorsing the 1965 Economic Development Conference to be held on October 28, 1965, at the Disneyland Hotel.. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING THE ECONOMIC DEVELOPMENT CONFERENCE OF ORANGE COUNTY Prior to votihg on this motion, discussion was held concerning the Economic Development Conference. The City Manager suggested the possi[ility of the City publishing a Newsletter relating to industrial development opportunities within the City of Cypress for distribution at the Conference. Mayor Noe called for a vote on Councilman Wright's motion to adopt Resolution No. 632, and said motion was unanimously carried. COMMUNICATIONS FROM CITIES OF STANTON AND HUNTINGTON BEACH RE: DISSOLVING OF ORANGE COUNTY HARBOR DISTRICT: The City Manager presented communications from the Cities of Stanton and Huntington Beach, transmitting Resolutions urging the Orange County Board of Supervisors to dissolve the Orange County Harbor District in favor of a Department of Parks and Harbors, serving all of Orange County. The City Manager explained the background of these requests and recommended that since the matter is of such wide-spread concern to all cities in Orange County, that the Orange County League of Cities consider and recommend an action as an Organization representing the entire County to the Board of Supervisors. ~ It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to request a study and recommendation on this matter from the Orange County League of Cities. COMMUNICATION FROM L. J. PFEIFER RE: CONTINUATION OF SECOND READING OF ORDINANCE APPROVING ZONE CHANGE NO. Z-136: The Cit~ Manager presented a communication dated September 22, 1965, from Mr. L.J. Pfeifer, requesting continuation of the second reading of the Ordinance approving Zone Change No. Z-136. The reason for the request was that Mr. Pfeifer did not receive notification of the Zone Change hearings, and wished to give this matter further st~dy. September 27, 1965 4.84 The City Manager exphined that all legal publication requirements had been completed and Mr. Pfeifer was not listed on the last equalized assessment roll available to the City at the time the Public Hearing notices were m~iled~ on Zone Change No. Z-136. Following discussion of this matter, it was moved by Councilman Gorzeman, seconded by Councilman KaneL and unanimously carried, the communication be received and filed. COMMUNICATION FROM MR. BRUCE W. SUMNER RE: DAIRY OPERATION AT 9891 VALLEY ~IEW~ CYPRESS: The City Manager presented a communication dated September 23, 1965, from Mr. Bruce W. Sumner, representing Mr. Sam Lindboom, who owns 10 acres of property located at 9891 Valley View, Cypress, requesting that the City Council allow Mr. and Mrs. Van Loon to be issued a City License to operate a dairy at the Valley View Street location. Mr. Bruce Sumner addressed the Council, stating that he had recently talked with the City Attorney concerning this matter, and requested that the City Council continue his request until the City Attorney arrives at the City Council meeting. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to continue this matter until the City Attorney is present. COMMUNICATION FROM SECRETARY OF FEDERATION FOR COMMUNIty 7 AFFAIRS RE: TOWN HALL MEETING CONCERNING CIVIC CENTER: Th~ City Manager requested permission to present a coF~unication received this date from the Federation for Community Affairs. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to grant the City Manager's request. The City Manager presented a communication dated September 25, 1965, from Mr. A. Beres, Secretary of the Federation of Community Affairs, offering to sponsor a town hall meeting to discuss the new Civic Center project. The communication further stated that a delegation of F.C.A. members would be present at the evening meeting to personally invite the City Council to consider this matter. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue this matter until the evening portion of the City Council meeting. CONSIDERATION OF COMMUNICATION FROM BRUCE W. SUMNER RE: DAIRY OPERATION AT 9891 VALLEY VIEW~ CYPRESS: City Attorney Alex Bowie having arrived at the City Council meeting, the City Manager once again presented the communication from Mr. Bruce W. Sumner, representing Mr. Sam Lindeboom, who owns the 10 acres of property located at 9891 Valley View, Cypress. The City Manager explained that, as the City Finance Officer, he had not issued a requested business license for a dairy operation on the subject property based on the fact that the previous dairy operation had been discon- tinued for a period in excess of 180 days, which would mean that another dairy operation would not be allowed in accordance with the Non-Conforming Use section of the Zoning Ordinance. City Attorney Alex Bowie stated that the question before the City Council is whether the activities which took place on the subject property during the period after the previous dairy ceased operation constituted operating the property as a dairy. Mr. Bruce Sumner, 1016 North Broadway, Santa Aria, California, Attorney represen- ting Mr. Sam Lindeboom, owner of the subject property, addressed the Council, stating that Mr. Lindboom operates a Cash and Carry dirve-in dairy across the street from the subject land. In 1963, Mr. Lindeboom entered into a three-year lease with a Mr. DeGraaf to operate a wholesale dairy on the 10-acre parcel at 9891 Valley View; however, in June of 1964, Mr. DeGraaf declared bankruptcy and removed h~S~dairy from the subject location. In turn, Mr. Lindeboom moved various mumbers of cows across the street from his cash and carry dairy operation to the location formerly occupied by Mr. DeGra~f. Mr. Sumner further stated that Mr. Lindeboom had attempted to find someone to take over the dairy lease and now has succeeded in leasing the property to Mr. Van Loon, but during the interim period, Mr. Lindeboom kept approximately 30 d~y cows on this property. September 27, 1965 485 The City Attorney read in full a Declaration made under penalty of perjury by Mr. Lindeboom, concerning the use of the subject land, a copy of which is on file in the office of the City Clerk. The C~y Attorney further stated that it had been the opinion of the City staff that there had been periods of time when there were no cows on the subject property. The Secretary of the Planning Commission advised the Council that in January of 1965 he had witnessed approximately six to eight cows on the property. In answer to various questions from the City Attorney, Mr. Sam Lindeboom, owner of the subject property, stated that he had attempted to lease the property in question for the operation of another dairy, had also attempted to sell the property through different realtors, and ~ one point had listed the property to sell for $320,000. He also stated that there had continually been cows on the property, with the lowest number being between 8 and 9, and there had been no day during which the land had been vacant of cows. Mr. Bruce Sumner again addressed the Council, stating that it is his feeling that the land is still being used as a dairy, even though there are not 300 head of cattle on the property. Councilman Gorzeman advised that the Orange County Health Department considers a dairy still in operation if only one animal is on the premises. The City Manager pointed out that at the time he had denied issuing the business license, he did not have the Declaration made by Mr. Lindeboom concerning the use of the property. CouncRman Wright stated that he had witnessed the use of the subject land and until recently there had been a large amount of hay stored on the property, and he felt Mr. Lindeboom had done everything he could to keep the property in use. Following discussion concerning the present zoning of the property, it was moved by Councilman McCarney and seconded by Councilman Gorzeman, to approve the granting of a City Business License to Mr. Van Loon for the operaion of a dairy at 9891 Valley View. Prior to voting on this motion, Councilman Kanel stated that he felt this matter should be continued for the benefit of the citizens living in the area adjacent to the dairy. The City Attorney suggested the possibility of Mr. Lindeboom agreeing to discontinue the use as a diary as of a certain date. Mr. Sumner addressed the Council, stating that he had discussed this with Mr. Lindeboom, and he would comply lwith the City Ordinance concerning discontinuance of the non- conforming use. Councilman Kanel made an amendment motion, that this matter be referred to the staff for further study, with a recommendation to he brought back to the next City Council meeting. Councilman Kanel's motion died for lack of a second. The following roll call vote was taken on Councilman McCarney's motion to grant a Business License to Mr. Van Loon: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, McCarney, Wright, and Noe Kanel None CONSIDERATION OF ZONE CHANGE NO. Z-137/CYPRESS PLANNING COmmISSION): The City Manager stated that this was the time for Continuation of consideration of aChange of Zone from R-4 (High Density Multiple-Family) to R-1 (One- family Residential) on property generally located on the west side of Moody Street north of the existing Tract No. 5558 and immediately south of Camp Street, initiated by the Cypress Planning Commission and known as Zone Change No. Z-137. A report dated September 23, 1965, was presented from the Secretary of the Planning Commission, stating that the Planning Commission, at its meeting of September 16, 1965, had re-affirmed its previous action in recommending approval to the City Council of Zone Change No. Z-137. In answer to a question from Councilman Wright, the City Manager outlined the subject area on the map. September 27, 1965 Discussion was held concerning the possibility of zoning only the west half of the subject area to R-1 zoning, leaving the remaining property as R-4, as desired by the owner, Mr. Takamiya. The Secretary of the Planning Corfanission outlined the disadvantages of R-4 zoning in the subject area. Mr. Kubo, representing Mr. Takamiya, addressed the Council, stating that Mr. Takamiya is considering the possibility of constructing a cluster-type housing development on his property, and stated that he feels the City owes Mr. Takamiya some consideration. Mr. Kubo also pointed out that the extension of the streets from the tract south of Mr. Takamiya~s property to proposed Tract No. 5930 will take quite a bit of land from Mr. Taka~iya. Following discussion, it was moved by Councilman Wright and seconded by Councilman Kanel, to deny the requested Zone Change. Prior to voting on this motion, further discussion was held concerning the various types of development allowable in the R-1 zone. The City Manager advised that Mr. Takamiya could construct cluster-type housing in the R-1 zone. The following roll call vote was taken on Councilman Wright's motion to deny Zone Change No. Z-137: AYES: 1 COUNCILMEN: NOES: 4 COUNCILMEN: ABSENT: 0 COUNCILMEN: Wright Gorzeman, Kanel~ McCarney, and Noe None The motion failed to carry. Mr. Kubo again~.addressed the Council, asking that a letter be written to Mr. Takamiya, advising him of the types of development which may be constructed in the R-1 zone. The City Manager stated that the Secretary of the Planning Commission would be requested to contact Mr. Takamiya concerning the provisions of the Zoning Ordinance. 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. 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-137 It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUN[ILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, andNoe Wright None TENTATIVE TRACT MAP NO. 5957 (STARDUST LANDS, INC.): The SeCretary of the Planning Commission presented Tentative Tract Map No. 5957, located at the southwest corner of Orange and Walker, 120 R-1 lots, 28.1 acres, as requested by Stardust Lands, Inc., 1665 South Brookburst Street, Anaheim, and stated that the Planning Commission had recommended approval of this Tract Map subject to vaEbus conditions. Discussion was held concerning Condition No. 3, which requires that Orange Avenue and Walker Street be dedicated and improved to City Standards. It was pointed out that the area zoned as C-O is within the boundaries of the tract map. RECESS: The Mayor declared a 5-minute recess at 4:31 p.m. The Mayor called the meeting bacR to order at 4:36 p.m., all City Councilmen being present. It was moved by Councilman Kanel and seconded by Councilman McCarney, to approve Tentative Tract Map No. 5857 subject to the following conditions: September 27, 1965 1. All streets shall be improved and dedicated as indicated on the tract map with a minimum 10' parkway except in those areas having streets 52' in width. 2. The map shall conform to Study "I", on file in the Office of the Planning Department. 3. Orange Avenue and Walker Street shall be dedicated and improved to City Standards as indicated on the Master Plan of Streets and Highways. 4. Drainage shall be solved to the satisfaction of the City Engineer. 5. Drainage fees shall be paid in accordance with the Subdivision Ordinance. 6. A concrete block wall shall be constructed along all single-family residential lots siding on or backing up to Walker Street in accordance with City Standards. 7. A concrete block wall shall be constructed along the northerly lot lines of all lots abutting the proposed C-O (Conmmercial Office) use in ~onformance with City Standards. 8. A concrete block wall shall be constructed along the southerly portion of the tract abutting the C-2 (General Commercial) zoning in conformance with City Standards. Prior to voting on this motion, further discussion was held concerning the C-O zoned property located in the north part of the subject tract. The Public Works Director recommended the addition of the following condition: 9. Cash deposit for~dvance street lighting energy charges. Councilmen Kanel and McCarney agreed to add this condition to their motion for approval of the Tentative Tract Map. The following roll call vote was taken on the motion: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Not None None AGREEMENT BETWEEN CITY OF CYPRESS AND CYPRESS CIVIC CENTER CORPORATION RE: REIMBURSEMENT OF EXPENSES: A report dated September 23, 1965, was presented from the City Manager, recommending approval of an Agreement between the City of Cypress and the Cypress Civic Center Corporation Board of Directors, pro- viding for the reimbursement of corporation expenses and acknowledging the corporation as the agency which will finance the construction of the civic center facilities. Following discussion concerning this Agreement, and concerning the desirability of continuing consideration of the matter until the evening portion of the meeting, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve the Agreement between the City of Cypress and the Cypress Civic Center Corporation as outlined in the City Manager's report, and to authorize the Mayor to sign and City Clerk to attest the subject Agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ABANDONMENT OF ORANGEWOOD AVENUE BY THE CITY OF LOS ALAMITOS: A report dated September 23, 1965, was presented from the City Manager, which outlined the drainage problems that exist between the City of Cypress, and the Los Alamitos Naval Station in the area of Orangewood Avenue and the Bolsa Chica Channel. The City Manager further advised the City Cduncil that the Naval Air S~tion was planning to request the Los Alamitos City Council to abandon Orangewood Avenue in the subject area, which couId have an adverse effect upon the final drainage solutions in the area. September 27, 1965 Following a brief discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to communicate with the City Council of the City of Los Alamitos, requesting that any action on the abandonment of Orangewood Avenue adjacent to the U.S. Naval Air Station easterly of the Bolsa Chica Channel be postpoined until the City of Cypress completes the necessary engineering studies to determine the best location for the proposed Master Plan of Drainage facilities in the subject area. PROPOSAL TO EMPLOY CONSULTING ENGINEER FOR ENGINEERING STUDY FOR DRAINAGE DISTRICT 3-SQ: The City Manager presented a report dated September 23, 1965, from the Office of the City Engineer, outling the need to employ a consulting engineerin g firm to provide further studies for the drainage in Drainage District 3-SQ. The City Engineer recommended the employment of Toups Engineering due to the firm's:background and knowledge of drainage problems in the subject area. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to authorize the employment of Toups Engineering to make a hydrologic s~dy, hydraulic investigation and cost estimates for three alternate methods of conveying storm waters across Navy property into the Bolsa Chica Channel in Drainage District 3~SQ, in an amount not to exceed $900. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AUTHORIZATION TO TRANSFER TITLE OF CERTAIN REAL PROPERTY TO TITLE INSURANCE AND TRUST COMPANY: A report dated September 23, 1965, was presented from the City Manager, recommending approval of a Resoltion authorizing the execution of an Agreement for the conveyance of certain real property which is to be dedicated to the City by the Cypress School Distric~ and reconveyed to the Title Insurance and Trust Company. This procedure will meet the condition established by the City Council in the approval of Tentative Tract Map No. 5621. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR THE CONVEYANCE OF CERTAIN REAL PROPERTY The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None AUTHORIZATION TO ACCEPT AND RECORD DEEDS FOR CERTAIN PROPERTIES DEDICATED TO T HE CITY OF CYPRESS BY THE CYPRESS SCHOOL DISTRICT: A report dated September 23, 1965, was presented from the City Manager, recommending that the City Council authorize him to accept the deeds for the dedication of the Cypress Elementary School District property to the City of Cypress, located adjacent to the Vessels School site, which will subsequently be transferred to the ~itle Insurance and Trust Company. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to authorize the City Manager to accept and record the grant deeds for certain real property to ~ dedicated to the City by the Cypress Schei 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 FINAL TRACT MAP NO. 5621 (TITLE INSURANCE & TRUST COMPANY): The City Manager presented Final Tract Map No. 5621, located west of Valley View Street adjacent to the Vessels Elementary School Site, 0.844 acres, 4 R-1 lots, as requested by Title Insurance and Trust Company, 800 North Main Street, Santa Ana, California. Also presented was a report dated September 23, 1965, from the City En ineer, recommending approval of the Final Tract Map subject to the completion of several items. September 27, 1965 It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to approve Final Tract Map No. 5621, accept the Agreements for Public Improvements, authorize the Mayor and City Clerk to execute the Agreements, and authorize the City Clerk to sign the Record Map upon completion of the following items: 1. Corrections to be made as noted on the check prints. 2. Deeds transferring property shown on Final Tract Map to be recorded and referenced on tract map after deeds are recorded. 3. Evidence be presented that deposit has been made to the Southern California Edison Company for installation of street lights. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF ITEMS ON AGENDA UNTIL~JENING PORTION OF THE CITY COUNCIL MEETING: It was moved by Councilman Kanel, seconded by Conncilman Gorzeman, and unanimously carried, to continue all remaining items on the Agenda, with the exception of Items 24 and 25, until the 7:30 p.m. portion of the City Council meeting. RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12375 THROUGH 12434 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimou~ay carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 634 A RESOLUTION OF THE CITY OF CYPRESS~LLOWING CLAIMS AND DEMANDS NOS. 12375 THROUGH 12454 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12332 THROUGH 12374 AND 12435 THROUGH 12448 (COMMERCIAL WARRANTS): It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 635 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12332 THROUGH 12374 AND 12435 THROUGH 12448 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None RECESS: It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to declare a recess at the hour of 5:02 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at the hour of 7:30 p.m. with the following in attendance: PRESENT: Councilmen Gorzeman, Kanel, McCarney, Wright, and Noe ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney Alex Bowie; Public Works Director Arthur Schatzeder; Secretary of the Planning Conunission George Putnam; Building Superintendent Thomas Nudson; and Police Lieutenant Robert Murray. September 27, 1965 The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting and d~splayed the Architectural rendering of the proposed Civic Center development. CONTINUATION OF COMMUNICATION FROM FEDERATION FOR COMMUNITY AFFAIRS RE: TOWN HALL MEETING CONCERNING CIVIC CENTER PROJECT: The City Manager stated that a communication from the Federation for Community Affairs had been continued from the afternoon session of the meeting for further consideration at this time. Mr. Vernon Bakke, 5055 Brunswick Drive, Cypress, addressed the Council on behalf of the Federation for Community Affairs, offering ~ sponsor a town hall meeting to discuss the proposed civic center project. He suggested that a panel be formed with representation from the City Council, Civic Center Corporation, City Manager, and Architectural firm. Councilman Gorzeman stated that he feels such a meeting would be advantageous and suggested that the Mayor appoint individuals from the City Council to work with the Federation for Community Affairs on this matter. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept the proposal from the Federation for Community Affairs to sponsor a town hall meeting concerning the Civic Center project and that the Mayor designate a committee to complete the a~rangements with the Federation for Community Affairs for the Town Meeting. Mayor Nee appointed Councilmen John Kanel and Peter Gorzeman, along with the City Manager, to meet with the Federation to arrange for the Town Hall meeting concerning the Civic Center. Discussion ~nsued concerning the timing of the town-hall meeting, following which Mayor Nee reviewed the history of the Civic Center project. EMPLOYMENT OF CONSULTING ENGINEER FOR DESIGN ON CHANNEL NORTH OF THE P.E.R.R. TRACKS FROM KNOTT TO THE BOLSA CHICA CHANNEL: The City Manager presented a report dated September 23, 1965, from the City Engineer, recommending the employment of a consulting Engineer for the design and preparation of working drawings for a concrete lined channel on the north side of the P.E.R.R. tracks from Knott Street to the Bolsa Chica Channel. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to instruct the City Engineer to obtain a proposal from Voorheis, Trindle, and Nelson Engineering Company for a hydrologic study of the area contributing drainage to the subject channel and for preparation of eng~eering design and plans for construction of the lined channel. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None The City Manager advised that upon receipt of the proposal from Voorheis, Trindle, & Nelson, it would be presented to the City Council for further action. PRIORITY LIST OF FLOOD CONTROL DEFICIENCIES: A report dated S~ptember 23, 1965, was presented from the City Manager, outlining the City priority list of drainage facilities which would be recommended to the Orange County Flood Control District for consideration to be included in the proposed 1966 Flood Control D~strict bond issue. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to approve the priority list of flood control deficiencies as outlined in the report dated September 23, 1965, and authorize the City Manager and Public Works Director to submit this list to the Orange County Flood Control District for consideration in the forth-coming Flood Control bond issue. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nee None None September 27, 1965 IMPROVEMENT OF KATELLA AVENUE AND AUTHORIZATION TO ADVERTISE FOR BIDS: A report dated September 23, 1965, was presented from the City Manager, outlining the need for improvement of Katella Avenue. Rather than to proceed with the complete repaving at this t~ne, the Public Works Director has reconmaended that the street be slurry sealed, which should hold the street until final negotiations have been completed with the State and County for the complete reconstruction of Katella Avenue. In answer to a question from Councilman Gorzeman, the Director of Public Works stated that it would probably be two years before the complete recon- struction of Katella would be accomplished. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to authorize the advertisement for bids to slurry seal Katella Avenue from Knott Street to approximately 2,600 feet west of Valley View, said bids to be opened on October 15, 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 AUTHORIZATION TO ADVERTISE FOR BIDS FOR PURCHASE OF PICK-UP TRUCK: The City Manager presented a report dated September 23, 1965, from the City Engineer requesting authorization to seek bids for the purchase of a pick-up truck for the Street Maintenance Department, which was budgeted in the 1965-66 fiscal year. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to authorize the advertising for bids for a one-half ton pick-up truck in accordance with the City's specifications, said bids to be opened on October 15, 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 CERTIFICATION OF EMPLOYMENT LIST FOR ASSISTANT TRAFFIC ENGINEER: A report dated September 22, 1965, was presented from the City Manager, setting forth the results of an examination conducted for the position of Assistant Traffic Engineer. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to certify the Employment List for Assistant Traffic Engineer as submitted. MONTHLY ACTIVITY REPORT FOR AUGUST 1965: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the Monthly Activity Report for August 1965 be received and filed. SECOND READING OF ORDINANCE AMENDING ORDINANCE NO. 90~ RE: YARD REGULATIONS AND LOT COVERAGE: 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. 288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 107.6, C, "YARD REGULATIONS: REAR YARD" AND SECTION 107.7, "LOT COVERAGE" It was moved by Councilman Kanel, seconded by Councilman McCarney, 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 September 27, 1965 SECOND READING ORDINANCE AMENDING ORDINANCE ~. 90, RE: HEIGHT OF WALLS AND FENCES: 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. 289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, SECTION 125.8 "WALL, FENCE, OR HEDGE MAY ~MAINTAINED" It was moved by Councilman Gorzeman, 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 SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-136 (CYPRESS PLANNING COMMISSION): Upon the request of Councilman McCarney, the City Manager explained that a conmunication had been received by the City from Mr. L. J. Pfeifer who owns property within the area of the subject zone change, requesting that the second reading of this Ordinance be continued due to the fact that he had not received a notification concerning the proposed zone change. The City Manager explained that Mr. Pfeifer was not notified due to the fact his' name was not listed on the last equalized assessment roll available to the City at the time the public notices were mailed. Following discussion concerning this matter, 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. 290 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 P-D (PLANNED DEVELOPMENT) TO C-O (COMMERCIAL OFFICE) ZONE CHANGE NO. Z-136 It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance ~ adopted. The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: McCarney SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-138 (CYPRESS PLANNING COMMISSION): 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. 291 AN ORDINANCE(F THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTA~ PARCEL OF LAND FROM R-4 (HIGH DENSITY MULTIPLE-FAMILY) TO R-1 (ONE-FAMILY RESIDENTIAL) ZONE CHANGE NO. Z-138 It was moved by Councilman Gorzeman, 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 September 27, 1965 SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-139 (CYPRESS PLANNING COMMISSION): 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. 292 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) AND R-3 (MULTIPLE-FAMILY RESIDENTIAL) TO P-M (PLANNED MANUFACTURING) ZONE CHANGE NO. Z-139 It was moved by Councilman Wright, seconded by Councilman 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 PARK AND RECREATION STUDY COMMITTEE TIME EXTENSION: The City Manager requested permission to discuss the extension of time for the Park and Recreation Study Committee. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The Clty Manager stated that the original duration of the Park and Recreation Study Committee had expired as of September 24, 1965, and recommended that the City Council extend the duration of the Committee until D~cember 1, 1965. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to extend the appointments to the Park end Recreation Study Committee until December 1, 1965. AUTHORIZATION OF SUB-LEASE BETWEEN THE CITY OF CYPRESS AND CYPRESS ~ARK AND RECREATION DISTRICT FOR TEXACO PARK SITE: The City Manager requested permission to discuss the need for a sub-lease of the Texaco Park site to the Cypress Park and Rcreation District. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The City Manager reported that the Cypress Park and Recreation District had agreed toconstruct additional facilities on the Texaco Park site and to provide maintenance service for the park upon completion of the improvements. In order to expend funds on the park site, the Cypress Park and Recreation District would require a sub-lease from the City for the park. The terms of the lease would be required to include the original terms of the lease between the City and Texaco, Inc. It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to authorize the City Attorney to prepare a sub-lease between the Cypress Park and Recreation District and the City of Cypress, based upon the terms of the original agreement between the City and Texaco, Inc., and authorize the Mayorto sign and City Clerk to attest the lease. 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 COMMUNICATIONS: Mr. Richard Owen, representing the Robert H. Grant Company, addressed the Council concerning Tentative Tract Map No. 5957, protesting Condition No. 3 of the map which S~ates that Orange Avenue and Walker Street shall be improved to City Standards. Mr. Owen stated that this condition is an undue burden on the tract, since the frontage on Orange Avenue, 200 feet south is zoned as Commercial Office zoning, and will not be used for many years. The City Attorney advised that the area in question was included within the boundaries of the tract map; therefore, the condition was reasonable. September 27, 1965 Mr. Robert Kay, representing the Grant Company, addressed the Council, stating that his company had attempted to submit a tract map to the City at one time for only the area to be deve~ped with single family homes, leaving out an area zoned for commercial use, and at that time the City Attorney had advised that this could not be done. Mr. Dick Critelli, 5491 Belle Avenue, Cypress, addressed the Council,,stating that he would like to know if the Grant Company could have submitted a map which did not include the C-O zoned property. In answer to this question, City Attorney Alex Bowie stated that he would prepare a written opinion on this matter. Mr. Richard Owen again addressed the Council, stating that he was formally protesting the inclusion of the requirement of paving and off-site improvements for that portion of the property on the map that is zoned for uses other than residential. Mr. Cox, representing Mr. Olivera, owner of the subject property, addressed the Council, stating that the City COuncil had zoned approximately 20% of Mr. Olivera's property in a manner that he cnnnot use at the present time, and now is asking for $40,000 worth of street improvements. In answer to a question from Mayor Noe, Mr. Richard Owen stated that he would proceed with the tentative tract map as approved, but would request that the protested condition be reconsidered by the City Council at its next meeting. Mr. Dennis Yosick, 6133 Fred Drive, Cypress, addressed the council, inquiring if the City Council had extended the time for the operation of a dairy on land located east of Valley View between Ball and Fred Drive. The City Manager explained that the City Council, at its afternoon session, had approved the granting of a business license for a dairy on the west side of Valley View, but no action had been taken concerning the east side of Valley View. Mr. John Gelboss, 6104 Fred Drive, Cypress, addressed the Council, asking about the time when the vnrious dairies must cease operation in the City. The City Attorney explained the non-conforming use section of the Zoning Ordinance, and stated that his office is preparing an opinion concerning the date for ~ermination of such uses. Upon the request of Councilman Kanel, the City Attorney further explained the action taken by the City Council during the afternoon meeting concerning the approval of a business license for the operation of a dairy on the west side of Valley View, north of Ball Road. No further oral communications were presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the meeting adjourn at 8:50 p.m. MAYOR O~ THE CIT~f~ESS ATTEST: Cf~'I~f~'~oF ~ ~l'~t OF CYP~SS Sentember 27. 1965