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HomeMy WebLinkAboutMinutes 65-11-15MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD November 15, 1965 The Cypress City Council held an adjourned regular meeting on November 15, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 7:30 p.m., all notic~ having been posted as required by law, Mayor Frank P. Noe presiding. PRESENT: Councilmen Gorzeman, McCarney, Wright, and Noe ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex; City Attorney Alex Bowie; and Public Works Director Arthur Schatzeder. COUNCILMAN KANEL ARRIVED AT 7:31 P.M. AND TOOK HIS CHAIR ON THE PODIUM. ORAL COMMUNICATIONS: Mr. John Knaus, 10621Beat~ice, Cypress, addressed the Council, taking issue with the remarks presented to the City Council at its regular meeting of November 8, 1965, by Mr. Richard Crttelli regarding the lease-back method of finance. Mr. Knaus acknowledged lease-back as a sound method of financing for the Cypress Civic Center facilities, and questioned the political motives of the signers of the Notice of Intention to Circulate an initiative petition relating to the use of lease-back financing. Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council, commending City Attorney James Erickson for his unbiased remarks made at the October 25th City Council meeting regarding the circulation of petitions. Mr. Parker further challenged previous statements made in opposition to the lease-back method of finance and questioned the reasons for opposition to lease-back financing at this time by a person who had accepted the appointment as a member of the Civic Center Citizens Advisory Committee which had recommended lease-back financing for the Civic Center. Mrs. Barbara Robertson, 5212 Marcella, Cypress, addressed the Council, requesting permission, which was granted, to read in full the newspaper article printed in the Ariahelm Bulletin on Friday, November 12, 1965, correcting a previous news article regarding the recommendation of the Park and Recreation Study Committee. Mr. L. J. McBride, representing the Cypress Chamber of Corenerce, addressed the Council, suggesting that the City adopt an official motto and City colors. Mr. Carl De Pietro, 10301 Sande Street, Cypress, addressed the Council, suggesting that the Chamber motto "Quality Attracts Quality" be given consideration. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to direct the City Manager to work with the Chamber of Commerce in conducting a contest to determine a City Motto and official City colors, with the 20 best entries to be referred to the City Council for final decision. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: REPRESENTATION ON LEAGUE COMMITTEES: A communication dated October 25, 1965, was presented from Mr. Richard Carpenter, Executive Director of the League of California Cities, requesting the names of City officials who would be interested in serving on Committees of the League. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: PROCLAMATION OF "FARM CITY WEEK": A communication dated November 1, 1965, was presented fromthe League of California Cities, requesting the Mayor and City Council to proclaim November 19-25, 1965, as "Farm City Week" in the City of Cypress. November 15, 1965 It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to grant this request, whereupon Mayor Noe proclaimed the week of November 19-25, 1965, as "Farm City Week". REPORT FROM CITY ATTORNEY ANALYZING 1965 LEGISLATION OF THE STATE OF CALIFORNIA: City Attorney Alex Bowie addressed the Council, expressing appreciation on behalf of Mr. Erickson for the remarks made by Mr. Parker earlier ~ the evening. Mr. Bowie reviewed for the City Council a communication dated October 26, 1965, from Mr. James Erickson, which summarized the most important State l~gislation enacted in 1965 relating to dties. The City Manager advised that the Ordinances required by the legislation are being prepared for presentation to the City Council in the near future. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. APPROVAL OF GROUND LEASE BETWEEN CITY OF CYPRESS AND CYPRESS CIVIC CENTER CORPORATION: The City Manager reviewed the conditions of the ground lease between the City and the Cypress Civic Center Corporation which provides for a lease payment to the City in an amount sufficient to acquire the remaining parcels of Civic Center property. Following discussion, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to approve the ground lease between the City of Cypress and the Cypress Civic Center Corporation, and authorize the Mayor to sign and City Clerk to attest said 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 STREET IMPROVEMENT ON SUMNER PLACE: The City Manager presented a ~eport dated November 15, 1965, which stated that based upon a petition of property owners im the area, the Orange County Road Department has requested the City of Cypress to indicate their willingness to participate in the improvement of Sumner Place between Merten and Crescent. The Public Works Director has estimated the City's share of the proposed improvement to be $7,200. It was moved by Councilman Wright and seconded by Councilman Gorzeman to authorize the City Manager to notify the Orange County Road Department that the City of Cypress is willing to participate in the proposed improvement of Sumner Place between Crescent and Merten during the 1965-66 fiscal year. Prior to voting on thism~ion, further discussion was held concerning the responsibility of Forest Lawn for street improvements in the area. The City Attorney suggested that the Council could advise Forest Lawn that the participation in the street improvements at this time should not be considered as a waiver of any prior obligations for street improvements by the Forest Lawn organization. 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, and Noe None None It was further moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to communicate with Forest Lawn, advising that the City Council's action in improving Sumner Place does not constitute a waiver of any obligation on the part of Forest Lawn for street improvements adjacent to their property. EASEMENT AGREEMENT--MRS. JL~IqITA DENNI: A report dated November 15, 1965, was presented from the City Mansgler, outlining the need for a temporary 12-foot easement from M~ Juanita Denni, in order to complete the construction of the Juanira storm drain. At the request of Mrs. Denni's Attorney, an agreement has been drafted providing for a time limit for the construction and a guarantee for replacement of landscaping and driveways, as well as a payment of $430. The City Manager requested further authorization to proceed with an eminent domain action in the event the Agreement is not acceptable. November I5, 1965 Following discussion concerning the procedures involved in an eminent domain action, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to approve the License Agreement as outlined in the City Manager's report between Mrs. Juanita Denni and the City of Cypress, and authorize the execution of this Agreement by the appropriate City officials. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was further moved by Councilman McCarney, seconded by Councilman Gorzeman,' and unanimously carried, the following Resolution be adopted, said Resolution declaring the necessity of acquiring by condemnation the required right-of-way in the event that the above-authorized license agreement is not executed. Title of the Resolution is as follows: RESOLUTION NO. 645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DECLARING THE PUBLIC NECESSITY THEREFOR. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIEMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None STREET CLOSING--VALLEY VIEW BETWEEN ORANGE AVENUE AND FRED DRIVE: The City Manager stated that due to the recent rains, the street construction on Valley View between Orange and Fred Drive has been delayed, and recommended the closing of Valley View for a maximum period of one week in order to allow completion of the improvement prior to the opening of the race track on November 22nd. Following discussion concerning the work required to complete the street, it was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to authorize the closing of Valley View Street between Orange Avenue and Fred Drive for five working days, commencing Tuesday, November 16, 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 FOR APPRAISAL OF SUMP AREA PROPERTY~ BALL AND DENNI: City Engineer Art Schatzeder addressed the Council, outlining the proposed plans for develop- ment of the sump area property at Ball and Denni, with particular reference to the need to acquire a one-half acre triangular shaped parcel of property owned by Dr. Uelms to provide for a long-range savings in the maintenance of the storm drain system in the 2-A Dra]na~ District. Following considerable discussion concerning the proposed drainage system, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to authorize the obtaining of an appraisal of the sump area property as outlined by the City 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 EXPRESSION OF APPRECIATION TO FEDERATION FOR COMMUNITY AFFAIRS FOR CO-SPONSORING TOWN HALL MEETING: Upon the suggestion of Mayor Noe, it was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to direct the City Manager to send a letter to the Federation for Community Affairs, commending them for co-sponsoring the Town Hall meeting concerning the Cypress Civic Center. SECOND READING ORDINANCE AMENDING THE CODE OF THE CITY OF CYPRESS RE: SPEED LIMITS: It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance !~e read by title only, title as follows: November 15, 1965 ORDINANCE NO. 294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTION 16-6 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO THE SPEED LIMITS ON CERTAIN CITY STREETS It was moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEn: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None SECOND READING ORDINANCE AIMENDING ZONING ORDINANCE ADDING PLANNED COMMERCIAL DISTRICT: 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. 295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY ADDING "PART 17-B, PLANNED COMMERCIAL DISTRICT (PC ZONE)" AND AMENDING PART 21, SECTION 121.2, B, TO INCLUDE OFF- STREET PARKING REGULATIONS FOR "PC DISTRICT" It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, this Ordinance be adopted. 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 ORA~L COMMUNICATIONS: Mr. L. J. McBride, representing the Cypress Chamber of Commerce, addressed the Council, displaying a proposed magazine advertisement to be used by the Chamber. Councilman Kanel stated that while Mr. McBride was before the City Council, he would like to discuss the action taken at the last City Council meeting in authorizing the expenditure of $1,000 for the Chamber of Commerce programs, stating that he feels the original recommendation of the City Manager should be followed, with re~erence to establishing a Committee to review the programs of the Chamber of Commerce to determine how the money will be spent, Councilman Kanel recommended that such a committee be formed, made up of the City Manager, Chamber of Commerce President, Chamber of Comraerce Secretary-Manager, and a member of the City Council. It was moved by Councilman Kanel!and seconded by Councilman Gorzeman, to form a Committee to review the programs ~ the Chamber of Commerce prior to the expenditure of any City funds, and direct the City Manager to coordinate this committee with the Chamber of Commerce President. Prior to voting on this motion, further discussion was held. Mr. McBride again addressed the Council, stating that it is difficult to estimate how much money will be required for each individual program. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, recommending that the City of Cypress form its own Chamber of Commerce. Mr. McBride stated that he would be willing to work with a Committee to establish a budget for the various advertising programs. Mayor Noe stated that he would like to appoint Councilmen Wright and Gorzeman to ser~ with the City Manager on the'proposed Committee. Councilman Wright indicated he would prefer not to serve on the Committee. Following further discussion, the following roll call vote was taken on Councilman Kanel's motion to form a Committee to review the programs of the Chamber of Commerce prior to the expenditure of any City Funds, and direct the City Manager to coordinate this committee with the President of the Chamber of Commerce: November 15, 1965 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None It was further moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, that Mayor Noe be included on the proposed Committee. Mayor Noe appointed Councilman Gorzeman and the City Manager to serve with him on the Cormnittee, along with the PresMent and Secretary-Manager of the Chamber of Commerce. 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 9:50 p.m. /Z6/I ~L MAYOR OF THE CITY OF~C~YP~ESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS November 15~ 1965