Minutes 66-01-24MINUTES OF THE CITY COUNCIL
OF THE CITY OF CYPRESS
HELD
January 24, 1966
The Cypress City Council held a regular meeting on January 24, 1966, in the
City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m.,
Mayor Frank P. Noe presiding.
PRESENT: Councilmen Kanel, McCarney, Wright, and Noe
ABSENT: Councilman Gorzeman
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 Commission
George Putnam. ~
MINUTES:
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, the minutes of the January 10, 1966, mee~ng be
approved as mailed.
It was poved by Councilman Kanel, seconded by Councilman McCarney, and
unanimously carried, the minutes of the adjourned regular meeting of
January 14, 1966, be approved as mailed.
ORAL COMMUNICATIONS:
There were no oral communications presented at this time.
Since Agenda Items No. 1 - 3 were scheduled for the 7:30 p.m. portion of
the meeting, the City Council proceeded to Item No. 4 on the agenda.
COMMUNICATION FROM ANAHEIM STADIUM CORPORATION RE: INCLUSION OF CITY
SEAL ON PLAQUE-SCREEN AT ANAHEIM STADIUM: The City Manager presented a
communication dated January 5, 1966, from Mayor Krein of the City of
Anaheim, and Leonard Smith, President of the City of Anaheim Stadium
Corporation, requesting the City Coundl to permit the inclusiun of the
City of Cypress Seal on the plaque-screen at the Anaheim Stadium.
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, to authorize the Anaheim Stadium Corporation to
include the City of Cypress seal in their commemorative plaque-screen
at the Anaheim Stadium.
COI~fUNICATION FROM CITY OF FOUNTAIN VALLEY RE: ADDITIONAL STUDIES OF
ORANGE COUNTY FLOOD CONTROL DISTRICT DEFICIENCY REPORT: The City Manager
presente~ a communication dated January 7, 1966, from the City of
Fountain Valley, transmitting various documents requesting that further
studies be given to the Orange County Flood Control District Deficiency
Report and proposed capital improvement programs and future bond issues.
The City Manager pointed out that the Orange County League of Cities had
appointed a Flood Control Study Committee, with Mayor FranR Noe as
Chairman.
Mayor Noe sununarized the discussions held by the League Study Committee
with the staff of the Flood Control District, following which it was moved
by Councilman Wright, seconded by Councilman Kanel, and unanimously
carried, to receive and file the communication from the City of Fountain
Valley, withholding any further action on this matter until the City has
the results of the Orange County League Study Committee.
ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS TRACT NO. 5669 (LARWIN
COMPANY): A report dated January 20, 1966, was presented from the office
of the Public Works Director, recommending acceptance of the public
improvements in Tract No. 5669, located on the north side of the Carbon
Creek Channel between Juanita and Holder Streets, 24.2 acres, 124 R-1 lots,
as requested by the Larwin Company, subject to the posting of a separate
bond to guarantee the construction of the improvements on Juanira Street
from the northerly boundary of Tract No. 5669 to approximately 100 feet
south of Orange.
January 24, 1966
Following discussion concerning ~e improvement of Juanira Street, it was
moved by Councilman Kanel, seconded by Councilman Wright, and unanimously
carried, to accept the public improvements for Tract No. 5669 and authorize
the City Clerk to exonerate the bonds in 90 days following acceptance if no
mechanics' liens have been filed. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Nee
None
Gorzeman
It was further moved by Councilman Kanel, seconded by Councilman Wright,
and unanimously carried, to accept the bonds and agreement guaranteeing
the construction of the improvements on Juanita Street from the northerly
boundary of Tract No. 5669 to approximately 100 feet south of Orange, in
the amount of $10,000, which is not less than 50% and now more than 100% of
the improvement cost, and authorize the Mayor and City Clerk to sign the
bonds and agreement. The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Nee
None
Gorzeman
PROPOSAL FOR ADDITIONAL COMPENSATION FOR MAYOR: A report dated January 20,
1966, was presented from the City Manager, stating that the City Attorney
has recomended that the City Council not proceed with the ballot proposi-
tion providing for $50.00 additional compensation for the Council member
serving as Mayor, since a proposal of this nature would violate the State
of California Constitutional provisions prohibiting the compensation of
public officers during their term of office.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to consider this report when the City Attorney arrives
at the meeting.
Immediately following this motion, City Attorney James Efickson arrived
at the meeting and explained the research he had done concerning this
matter. He pointed out that since the Mayor is selected by members of the
City Council and not voted upon separately by the electorate, the additional
compensation would be awarded during the term of office, making it an
increase in compensation in violation of the State constitution. He further
advised that the Mayor, as well as other members of the City Council, are
entitled to reimbursement for actual and necessary expenses.
It was moved by Councilman Kanel, seconded by Councilman Wright, and
unanimously carried, to accept the recommendation of the City Attorney,
and take no further action in scheduling a ballot proposition to provide
additional compensation for the Council member serving as MaFer.
JOINT POWERS AGREEMENT FOR DRAINAGE--ANAHEIM UNION HIGH SCHOOL DISTRICT:
A report dated January 20, 1966, was presented from the City Manager,
stating that since the adoptbn of Resolution No. 654, which formed a
Joint Powers Agreement between the City of Cypress and the Anaheim Union
High School District to provide for drainage for a proposed school site
located on Cerritos east of Bloomfield, it has been found that the area
to be drained has been reduced from 3.416 acres to 2.813 acres. For this
reason, the Anaheim Union High School District has requested the City
Council to adopt a new Resolution incorporating the revised legal descrip-
tion and drainage fee amount.
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, the following Resolution be adopted, title as
follows:
RESOLUTION NO. 662
A RESOLUTION OF THE CITY OF CYPRESS RESCINDING RESOLUTION
NO. 654 AND FORMING A JOINT POWERS AGREEMENT BETWEEN THE
CITY OF CYPRESS AND THE ANAHEIM UNION HIGH SCHOOL DISTRICT
TO PROVIDE FOR DRAINAGE FOR AREAS LOCATED ON CERRITOS AVENUE
EAST OF BLOOMFIELD.
January 24, 1966
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
AGREEMENT FOR STREET IMPROVEMENTS--SUMNER PLACE: A report dated January 20,
1966, was presented from the City Manager, reconunending approval of an
Agreement prepared by Orange County for the improvement of Sumner Place
between Crescent and Merten, as authorized at the City Council meeting of
November 15, 1965. The Agreement establishes the City's portion of the
improvement at $7,500 and the County's portion at $4,500. The City
Manager also recommended that the certification of right-of-way be issued
for this project.
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, to approve the Agreement between the County of Orange
and the City of Cypress for the improvement of Sumner Place as outlined~
the City Manager's report of January:~O, 1966, and authorize the Mayor to
sign and City Clerk to attest the subject Agreement. The following roll
call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gotzeman
It was further moved by Councilman Kanel, seconded by Councilman Wright,
and unanimously carried, to authorize the City Manager to issue the
Certificate of Right-of-way for the Sumner Place improvement project.
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: I COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
ACCEPTANCE OF PAVEMENT--VALLEY VIEW AND ORANGE: A report dated January 20,
1966, was presented from the City Manager, recommending acceptance of the
A.C. pavement on Valley View and Orange Avenue, which was constructed by
the Larwin Company as a part of the public improvements for Tract No. 4377.
Since this would only be a partial acceptance of the street improvements,
no bond funds would be released at this time.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to accept the A.C. pavement on Valley View Street and
Orange Avenue constructed by the Larwin Company as a part of Tract No. 4377.
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
APPROPRIATION FOR FLY SPRAY: A report dated January 20, 1966, was presented
from the City Manager, stating that the County's supply of fly spray is
depleted, and in order for concentrated fly spraying to be done in the
City of Cypress, it will be necessary for the City to authorize an appro-
priation for the purchase of additional insecticide.
Following discussion concerning the need for concentrated fly spraying in
the City, it was moved by Coundlman Kanel, seconded by Councilman Wright,
and unanimously carried, to authorize an appropriation of $500.00 for the
purchase of insecticide for the Orange County Health Department to spray the
City in an effort to alleviate the fly problem. The following roll call
vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 1 COUNCILMEN:
Kanel, McCarney, Wright, and Noe
None
Gorzeman
COUNCILMAN GORZEMAN ARRIVED AT 3:31 P.M. AND TOOK HIS CHAIR ON THE PODIUM.
January 24, 1966
REQUEST FOR PROVISIONAL APPOINTMENT OF POLICE DISPATCHER: The City Manager
requested that this matterie removed from the agenda since an examination
for the position has been scheduled in the near future, following which a
permanent appointment will be made.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to remove this item from the agenda.
STATEMENT OF REV~S AND EXPENDITURES--JULY 1, 1965 THROUGH DECEMBER 31,
1965: A report dated January 20, 1966, was presented from the City Manager,
transmitting the Statement of Revenues and Expenditures for the period of
July 1, 1965 through December 31, 1965.
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, this report be received and filed.
VARIANCE REPORT~ REVENUES AND EXPENDITURES, DECEMBER 1965: The City
Manager presented the Variance Report of Revenues and Expenditures for
December 1965.
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, this report be received and filed.
MONTHLY ACTIVITY REPORT FOR DECEMBER 1965: It was moved by Councilman
Gorzeman, seconded by Councilman Kanel, and unanimously carried, the
Monthly Activity Report for December 1965 be received and filed.
SECOND READING ORDINANCE AMENDING SECTIONS 25-23 AND 25-24 OF THE CODE OF
THE CITY OF CYPRESS TO REQUIRE PARK FEES FOR SUBDIVISIONS: The City
Manager requested that this matter be continued until the 7:30 p.m. portion
of the City Council meeting. It was moved by Councilman Wright, seconded
by Councilman Kanel, and unanimously carried, to grant this request.
SECOND READING ORDINAN(EPROVIDING FOR THE PAYMENT OF SALARIES TO MEMBERS
OF THE CITY COUNCIL: It was moved by Councilman Wright, seconded by
Councilman Gorzeman, and unanimously carried, the following Ordinance be
read by title only, title as follows:
ORDINANCE NO. 299
AN ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR THE
PAYMENT OF SALARIES TO MEMBERS OF THE CITY COUNCIL OF
THE CITY OF CfPRESS
It was moved by Councilman Wright, 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 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-143 (JAMES HODGES):
It was moved by Councilman Gorzema~ seconded by Councilman McCarney, and
unanimously carried, the following Ordinance be read by title only, title
as follows:
ORDINANCE NO. 300
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-2 (GENERAL COMMERCIAL), ZONE CHANGE NO.
Z-143.
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
January 24, 1966
SECOND READING ORDINANCE APPROVING ZONE CHANGE NO. Z-146 (CRUMMETT~: 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. 301
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-3
(MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDEN-
TIAL), ZONE CHANGEND. Z-146
It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and
unanimously carried, t~is 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 AMENDING SECTION 112.2 OF THE ZONING ORDINANCE RE:
ANIMAL HOSPITALS: It was moved by Councilman Wright, seconded by
Councilman Kanel, and unanimously carried, the following Ordinance be read
by title only, title as follows:
ORDINANCE NO. 302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING ORDINANCE NO. 90, SECTION 112.2, PERMITTED
BUILDINGS AND USES, ADDING SUBSECTION "Pp. ANIMAL HOSPITALS,
ENTIRELY WITHIN A BUILDING, SUBJECT TO OBTAINING A CONDI-
TIONAL USE PERMIT
It wash DYed 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
SECOND READING ORDINANCE AMENDING THE ZONING ORDINANCE RE: OFF-STREET
PARKING REQUIREMENTS: It was moved by Councilman Wright, seconded by
Councilman Gorzeman, and unanimously carried, the following Ordinance be
read by title only, title as follows:
ORDINANCE NO. 303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, PART 21,
OFF-STREET PARKING, TO CHANGE THE REQUIREMENT FOR C-1
(NEIGHBORHOOD STORES) AND C-2 (GENERAL COMMERCIAL) AND
ESTABLISH A REQUIREMENT FOR ANIMAL CLINICS
It was moved by Councilman Gorzeman, 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
SECOND READING ORDINANCE AMENDING ZONING ORDINANCE RE: LOCATION OF AIR
CONDITIONING, HEATING~ VENTILATING, AND REFRIGERATION UNITS: It was moved
by Councilman Wright, seconded by Councilman McCarney, and unanimously
carried, the following Ordinance be read by title only, title as follows:
ORDINANCE NO. 304
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CfPRESS
AMENDING ORDINANCE NO. 90, SECTION 125.18, ARCHITECTURAL
APPROVAL, TO REQUIRE THE SUBMITTAL OF PLANS INDICATING
LOCATION OF AIR CONDITIONING, HEATING, VENTILATING, AND
REFRIGERATION UNITS WHICH WILL BE LOCATED ON THE EXTERIOR
OF BUILDINGS OR ONTHE PROPERTY.
January 24, 1966
Discussion ensued concerning the need for this Ordinance, following which
it was moved by Councilman Wright, 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 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
RESOLUTION CALLING GENERAL MUNICIPAL ELECTION: The City Manager presented
a Resolution giving notice of the general municipal election to be held
on April 12, 1966, and setting forth the voting precincts and officers. The
City Manager advised that prior to adoption of this Resolution, it would be
necessary to determine the hour at which the polls will be closed.
Following discussion, it was moved by Councilman McCarney, seconded by
Councilman Kanel, and unanimously carried, to designate the hour of 8:00 p.m.
as the time for closing of the polls at the April 12, 1966, general municipal
election. 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 Wright, seconded by Councilman McCarney,
and unanimously carried, the following Resolution be adopted, title as
follows:
RESOLUTION NO. 663
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, THE 12TH DAY OF APRIL, 1966, FOR THE ELECTION
OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PRO-
VISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING
TO GENERAL LAW CITIES
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
RESOLUTION REQUESTING SERVICES OF ORANGE COUNTY CLERK IN CONDUCT OF MUNICIPAL
ELECTION: The City Manager presented a Resolution requesting the assistance
of the County Clerk in mailing of the sample ballots for the general munici-
pal election.
It was moved by Councilman Wright, seconded by Councilman Kanel, and
unanimously carried, the following Resolution be adopted, title as follows:
RESOLUTION NO. 664
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
REQUESTING THE BOARD OF SUPERVISORS OF~tE COUNTY OF
ORANGE TO PERMIT THE COUNTY CLERK OF SAID COUNTY TO
RENDER SPECIFIED SERVICES TO THE CITY OF CYPRESS,
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION
TO BE HELD IN SAID CITY ON APRIL 12, 1966.
The following roll call vote was taken:
AYES: 5 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
Gorzeman, Kanel, McCarney, Wright, and Noe
None
None
RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 13188 AND 13259 THROUGH 13315
(PAYROLL): It was moved by Councilman Gorzeman, seconded by Councilman
Wright, and unanimously carried, the following Resolution be adopted,
title as follows:
January 24, 1966
RESOLUTION NO. 665
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN
CLAIMS AND DEMANDS NOS. 13188 AND 13259 THROUGH 13315
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. 13316 THROUGH 13350 (COMMER-
CIAL WARRANTS): It was moved by Councilman McCarney, seconded by
Councilman Gorzeman, and unanimously carried, the following Resolution
be adopted, title as follows:
RESOLUTION NO~ 666
A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN
CLAIMS AND DEMANDS NOS. 13316 THROUGH 13350
The following roll call vote was taken:
AYES: 4 COUNCILMEN:
NOES: 0 COUNCILMEN:
ABSENT: 0 COUNCILMEN:
ABSTAINED:i COUNCILMEN:
Gorzeman, McCarney, Wright, and Noe
None
None
Kanel
RECOMMENDATIONS TO ARCHITECT FOR CYPRESS JUNIOR COLLEGE: The City Manager
requested permission to discuss recommendations to be made to the architect
for the Cypress Junior College. It was moved by Councilman McCarney,
seconded by Councilman Gorzeman, and unanimously carried, to consider this
matter at this time.
The City Manager presented a report dated January 24, 1966, setting forth
recommendations to be considered by the Architect for the Cypress Junior
College, with reference to the location of the campus entrace, the access
points on Valley View Street, parking areas, underground utilities, and
architectural style of the school.
P~or to discussing these recommendations, Mayor Noe declared a recess at
the hour of 4:12 p.m.
The meeting was called back to order at 4:18 p.m., all City Councilmen
being present.
Discussion was held concerning the City Manager's recommendations and con-
cerning the possibfiity of an overlay zone being placed on property
surrounding the proposed Junbr college in order to control the architec-
tural style of adjacent development.
It was moved by Councilman Wright, seconded by Councilman McCarney, and
unanimously carried, to direct the City Manager to notify the architect for
the Junior College District of the six recommendations outlined in the City
Manager's report dated January 24, 1966.
REQUEST FROM FOREST LAWN RE: EASTER SERVICES: Mayor Noe stated that the
Forest Lawn organization had requested him to sign a letter of welcome from
the City to those attending the Easter services held at Forest Lawn. Upon
reading the proposed letter, the members of the City Council concurred in
its contents and recommended that the Mayer sign the letter.
RECESS:
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, to declare a recess at 4:29 p.m. until 7:30 p.m.
CALL TO ORDER:
The Mayor called the meeting back to order at 7:30 p.m., with the following
in attendance:
PRESENT: Councilmen Gorzeman, McCarney, Wright, and Noe
ABSENT: Councilman Kanel
January 24, 1966
Also present were City Manager/City Clerk Darrell Essex; City Attorney
James Erickson; Public Works Director Arthur Schatzeder; Building Super-
intendent Tom Nudson; Secretary of the Planning Commission George Putnam;
and Acting Chief of Police Robert Murray.
The City Manager reviewed the actions taken by the City Counciljar the
3:00 p.m. session of the meeting.
COUNCILMAN KANEL ARRIVED AT 7:33 P.M. AND TOOK HIS CHAIR ON THE PODIUM.
PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FORMER POLICE CHIEF O.C. FOSTER:
Mayor Noe presented a community service plaque to former Police Chief O.C.
Foster, acknowledging his years of service to the City.
Chief Foster addressed the Council, expressing his appreciation for the
plaque and stating that the cooperation of the City Council, City Manager,
and citizens of the city has largely contributed to the efficient operation
of the Cypress Police Department.
RESOLUTION COMMENDING FEDERATION FOR COMMUNITY AFFAIRS FOR PREPARATION OF
THE CITY OF CYPRESS BUSINESS DIRECTORY: Mayor Noe read in full a
resolution commending the Federation for Community Affairs for the prepara-
tion and distribution of the City of Cypress Business Directory.
Mr. William Moran, President of the Federation for Community Affairs,
expressed appreciation for the Resolution, and stating that the Federation
hopes to make further contributions to the community.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to adopt this Resolution, title as follows:
RESOLUTION NO. 667
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
COMMENDING THE FEDERATION FOR COMMUNITY AFFAIRS FOR
COMMUNITY SERVICE IN PREPARING AND DISTRIBUTING THE CITY
OF CYPRESS BUSINESS DIRECTORY.
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: LIVE ENTERTAINMENT FOR UNICORN RESTAURANT: The Mayor
announced this was the.-,time and place for the Public Hearing to consider an
application for Live Entertainment Permit to permit a pianist at the Unicorn
Restaurant, 5960 Cerritos Avenue, Cypress, California, as requested by Allan
Roberts.
The Mayor declared the Public Hearing open and a~ked if anyone in the
audience wished to speak for or against the subject application.
The City Manager presented a report dated January 7, 1966, stating that a
Police Department investigation of the application has revealed no basis for
denial. He also stated that the affidavits of publication, posting, and
mailing, of the notice of the public hearing were on file in the office of
the City Clerk, and no written con~nunications concerning the matter had been
received.
There being no written communications and no oral protests, the Mayor
declared the Public Hearing closed.
In answer to a question from Councilman Gorzeman, the City Manager advised
that live entertainment permits are issued for a period of one year from
the date of approval.
January 24, 1966
It was moved by Councilman Gorzeman, seconded by Councilman Wright, and
unanimously carried, to approve the Live Entertainment Permit for a pianist
at the Unicorn Restaurant, 5960 Cerritos Avenue, Cypress, as requested by
Mr. Allan Roberts, for a period of one year ending January 24, 1967. 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 SECTIONS 25-23 AND 25-24 OF THE CODE OF
THE CITY OF CYPRESS, TO REQUIRE PARK FEES FOR SUBDIVISIONS: The City
Manager reported that since the initial first reading of the Ordinance
requiring park fees for subdivisions, further study has been given to
possible problems in the adoption of this Ordinance. There have also been
additional filings of tentative tract maps and discussions concerning
settlement of several other disputes. For this reason, he would recommend
that the City Council continue the second reading of this Ordinance until
the next regular meeting, at which time a comprehensive report on the matter
will ~ presented by the staff.
It was moved by Councilman McCarney, seconded by Councilman Wright, and
unanimously carried, to continue the second reading of this Ordinance
until the regular meeting of February 14, 1966.
COMMUNICATION FROM STATE BOARD OF EQUALIZATION RE: CYPRESS LIGHTING DISTRICT
NO. 2: The City Manager requested permission to present a communication
concerning the City's lighting districts. It was moved by Councilman Gorzeman,
seconded by Councilman McCarney, and unanimously carried, to consider this
communication at this time.
The City Manager explained the work required of the City Public Works
Department in the submittal of Lighting District information to the State
Board of Equalization, and presented a communication dated January 20,
1966, from Mr. Martin C. Rohrke, of the State Board of Equalization,
commending the City for the high quality of work performed in the preparation
of the required documents.
It was moved by Councilman Wright, seconded by Councilman Gorzeman, and
unanimously carried, this communication be received and filed.
REVIEW OF BUILDING PROBLEM--SCOTT: Councilman Kanel stated that he had been
contacted concerning a building problem on Walker Street and would like
further information concerning this matter. The City Manager stated that
numerous problems had developed in the construction of a residential unit
on Walker Street, and most recent problem being a matter of violation of
the City building code.
It was moved by Councilman McCarney, seconded by Councilman Kanel, and
unanimously carried, to consider this matter ~ this time.
Mr. C. F. Scott, 9542 South Walker Street, Cypress, addressed the Council,
stating that in November of 1965 he had applied for a buik[ng permit to
construct a one-unit residential dweliing and due to misunderstandings
there was a delay of 60 days in the issuance of the permit. After the
building plans were approved by the Building Department, an inspection of
the partially constructed building revealed that the building would be in
violation of the building code if special fire windows were not installed
on the south side of the dwelling since the building is located in Fire
Zone No. 2 of the City. Mr. Scott objected to the expense of installing
these special windows, stating that the original plans had been approved
by the Building Department, and these plans did not show the fire windows.
Building Superintendent Tom Nudson reviewed the actions taken concerning
Mr. Scott's building, explaining that through an oversight on the part of
the plan checker, Mr. Scott had not been advised of the requirements for
fire windows. However, since Mr. Scott's building is still in the framing
stages, the windows have not yet been installed and the Building Department
has given him the alternative of eliminating one of the bedroom windows
and the bathroom window, thereby requiring only one special fire window
in one of the bedrooms.
In answer to a question from the City Attorney, the Building Superintendent
indicated that the approved plans indicated sliding aluminum windows.
Mr. Scott again addressed the Council, outlining the problems in changing
the framing to allow for fire windows, and explained the added costs of
fire windows.
January 24, 1966
In answer to a question from Councilman Kanel, the Building Superintendent
explained the purpose and appearance of'fire windows.
The City Attorney advised that the Uniform Building Code provides that the
issuance of a permit based upon an approved set of plans does not prevent
the Bmilding Official from requiring the correction of a building to meet
the code. He also staed that the only alternative the City has in this
matter is to amend the City Code concerning the fire window requirement.
Discussion was held concerning the City's Fire Zone Ordinance as it applies
to R-3 zoned property and as it affects fire insurance rates.
Mr. Carl De Pietro, 10301 Sande Street, Cypress, addressed the Council,
suggesting that the City pay the additional dost for the Special fire
windows.
Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council,
questioning the need of enforcing the City Code concerning these fire
windows.
Councilman Kanel inquired about the possibility of adopting an emergency
ordinance to exempt single family dwellings in the R-3 zone from the
requirements for fire windows. The City Attorney advised that it is not
generally the procedure to amend the building code by means of an emergency
ordinance; however, he would have to research this matter prior to such an
action being taken by the City Council.
The City Manager suggested that the City Council consider this matter in
the light of its effect upon other development in the City.
Mr. Scott again addressed the Council, stating that he has had nothing but
delays in the construction of this home, and again related the history of
the problem with reference to a required Conditional Use Permit, street
improvements, improvement bond, etc.
Mr. Carl De Pietro, 10301 Sande Street, Cypress, addressed the Council,
stating that he feels some action should be taken if Mr. Scott's statements
are true.
The City Attorney suggested that the only other solution to this problem
would be to determine if Mr. Scott has a'~ested right" to proceed with
the building under the building permit issued to him. This procedure is
only possible under specified conditions, which would have to be researched
by himself and the building officials. Although it does not appear Mr. Scott
would have a "vested right" to proceed, the City Attorney suggested this
alternative be investigated.
It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and
unanimously carried, to direct the staff and City Attorney to check into
~e possibility of Mr. Scott having a "vested right" to build his house
according to the approved plans.
ORAL COMMUNICATIONS:
Mr. David Harris, 5391 Belle Avenue, Cypress, addressed the Council,
inquiring about the large assessment on his tax bill for weed abatement.
Mr. Harris was advised to contact the Public Works Department concerning
this matter.
ADJOURNMENT:
There being no further business to come before the City Council, it was
moved by Councilman Gorzeman, seoonded by Councilman Wright, and unanimously
carried, to adjourn the meeting at the hour of 8:53 p.m.
//cI // ~/~' ~,,~
MAYOR OF THE CITY ~ESS
ATTEST:
CITY CLERK O~'/~E/CITY
OF CYPRESS
January 24~ 1966