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1959-02-09MINUTES OF TIE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS February 9, 1959 A regular meeting of the City Council of the City of Cypress was called to order in the City Hall, 9352 Walker Street, at 7 30 o'clock P M , with Mayor Van Dyke presiding The Pledge of Allegiance to the Flag was led by City Manager -Deputy City Clerk Wesenberg Councilmen present A E Arnold, W. J. Arrowood, M G. McCarney, and J. Van Dyke Councilman absent T A. Baroldi City officials present: City Clerk Olsthoorn City Manager - Deputy City Clerk Wesenberg, City Attorney Howell, and City Engineer Neff 1INUMS Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the Council approved the minutes of the meeting of January 12, 1959, as submitted. DILLON ANNEXATION The City Attorney reported that the County Boundary Commission had acted favorably on the Dillon Annexation boundaries as sub- mitted, wnereupon, the City Attorney presented and read Resolution No 80, which set the time and place for the public hearing on said annexation as 7 30 o'clock P M. on March 23, 1959, in the City Hall Upon motion of Councilman Arnold, seconded by Council- man McCarney and unanimously carried by the following roll call vote, the Council adopted said Resolution No. 80: AYES Councilmen Arnold, Arrowood, McCarney, and Van Dyke NOES• None ABSENT Councilman Baroldi GARCIA USE VARIANCE The Deputy City Clerk presented and explained use variance appli- cation No. UV -124 of Mr A G Garcia for permission to add a truck loading shelter to his existing fertilizer processing plant -1- February 9, 1959 on Bloomfield Avenue The Deputy City Clerk stated that the Cypress Planning Commission had recommended that the variance be granted Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council approved the granting of Use Variance No. UV -124 as requested. SILVA USE VARIANCE The Deputy City Clerk reported that the Planning Commission had tabled the matter of Mr Anthony Silva's use variance application, No UV -125, because neither Mr Silva nor his representative was present at the meeting to answer questions as to the need for a narrow side yard. The City Attorney ruled that the Council could not legally act on the matter at this time. Following discussion, upon motion. of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council approved requesting the Planning Commission. to hold a meeting at the earliest possible date to process Mr. Silva's use variance application in order to relieve a hardship on the part of the applicant. The Council agreed to meet on the same night in order to act on said use variance application STREET CLOSING, COUNTY ROAD DEPARTMENT REQUEST The Deputy City Clerk presented a letter from the County Road De- partment, requesting permission to close certain streets because of bridges being constructed over the new Carbon Creek channel. The streets to be closed, as soon as Moody is opened, are Miller and Walker simultaneously and Juanita and Ball simultaneously. Following discussion, upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council granted the request of the County Road Department to close the above-mentioned streets as scheduled REGISTER OF DEMANDS Councilman Arnold moved that the Register of Demands be typed and -2- February 9, 1959 sent out with the agenda, which motiondied for lack of a second Upon motion of Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, the Council approved the Register of Demands for the month of February, 1959 AUDIT REPORT The City Manager presented to each Councilman a copy of the auditor's report for the quarter ending December 31, 1958 He stated that the Audit Committee had studied the report and passed on it. ACCOUNTANTS' PAY BASIS The City Manager stated that, because of the tremendous increase in the accounting workload, the accounting firm had requested to be paid on an hourly basis. Following discussion, the matter was ordered tabled, pending a report on the cost of the hourly rate GAS TAX LEGISLATION RESOLUTION The Deputy City Clerk presented and explained a letter from the League of California Cities, addressed to the City Council, re- questing the City Council to adopt a resolution approving the outlined program of legislation for highway improvement The Deputy City Clerk explained that one proposal, in particular, would greatly benefit the City the proposal that the gasoline tax be increased one cent (1¢) and the resulting revenue allocated to cities on a matching dollar basis for construction expenditures on major city streets Following discussion, upon motion of Councilman Arnold., seconded by Councilman Arrowood and unanimously carried, the Council adopted Resolution No 81, endorsing the program of the League of California Cities for State highway legislation AMENDMENT TO FIREWORKS ORDINANCE - SIGNS The City Nanager explained that, due to arguments which erupted over the size of signs erected at some of the fireworks stands -J- February 9, 1959 during past fireworks -selling seasons, he felt that some form of controls over the size and placement of signs was needed He stated that the present ordinance governing selling of fireworks in the City provides no such controls over• signs. Following dis- cussion, upon. motion of Councilman McCarney, seconded by Council- man Arrowood and unanimously carried, the Council instructed the City Manager and the Chief of Police to work out and submit re- commendations on the control of signs in connection with fireworks stands FIRE RESISTANT FILE The City Manager explained that, due to the growth of the City's business, the fireproof safe was no longer large enough to contain all the records which should be certain records could be stored period of fire protection The protected He explained that in a file which offered a shorter City Manager stated that the City had an opportunity to purchase a Remington -Rand, guaranteed one- hour fireproof, four -drawer, legal size file with lock. in very good condition for x285.00. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council author- ized the purchase of said fireproof file INSURANCE COMMITTEE REPORT Councilman McCarney and Councilman Arnold reported their findings on group health insurance down of figures, comparing panies Councilman Arnold Councilman McCarney presented a break - the proposals submitted by three com- reported that it was the Committee's suggestion that the City of Dairyland pay one-third and the City of Cypress pay two-thirds of the employees' premiums and the em- ployees pay the premiums for their dependents It was pointed out that a .2,000.00 life insurance policy on each employee is a part of the insurance The Committee's report was referred to the City Manager, who was instructed to discuss the proposals -4- February 9, 1959 with the City employees and report back to the Council Council- man Arrowood suggested that an investigation be made on a plan which would eliminate the 42,000 00 life insurance APPOINTMENT OF RELIEF PATROLMAN WITHOUT PAY The Deputy City Clerk explained that a request had been made by a former relief patrolman to be appointed as a regular officer, to serve without pay during vacations or to relieve as needed, and to pay his own insurance There followed a lengthy discussion of various problems involved should the request be granted Coun- cilman Arnold stated that he felt that the man should be paid if he were going to work for the City and drive City -owned vehicles Councilman McCarney asked about the legal aspects of such a relationship Councilman Arrowood stated that he was inclined to favor granting this request, providing the City would be protected legally Mayor Van Dyke stated that, although he always liked things that were free, he would not want the City to become in- volved legally. Further, he felt that the appointment should be made at the Police Chief's discretion Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the Council authorized the appointment of Blanchard R Woodill as a relief or part-time patrolman, serving without compensation and paying his own insurance, subject to the City Attorney's opinion as to coverage under Workmen's Compensation and other legal aspects BID REQUEST, POLICE CAR SERVICING At this point, a Mr. Fred C. Taylor, owner and operator of a service station in the City, was presented to the Council and asked that the City request bids for servicing all Police De- partment equipment During the discussion, it was decided that the Police Chief and the City Manager would draw up the specifi- cations to be incorporated into the bid requests and that the -5- February 9, 1959 lowest qualified bidder would be awarded a contract for a six- month period. Upon motion of Councilman McCarney, seconded by Councilman Arnold and unanimously carried, the Council authorized the requesting of all service stations in the City to submit bids for the servicing of the police cars, the bids to be on such items as gasoline, tires, etc , and the contract to be let for a six-month period HARVEY ALUMINUM LETTER The Deputy City Clerk presented and read to the Council a letter which had been submitted by the Harvey Aluminum Company for the Council's approval and signature. The letter purported to ex- press the Council's willingness to re -zone the 718 acres in the Southern part of the City (formerly known as the Artesian Land Company property) for any reasonable use commensurate with the development of a well-balanced city It was the unanimous de- cision that the Council could not approve and sign such a letter because the terms were too general CEMETERY LAWSUIT The City Attorney reported that the Van Leeuwen suit had been heard and that the Judge had taken the matter under submission He stated that, as soon as Judge Shea had made his decision, he would report to the City. ASSESSMENT DIS•1HICT PETITIONS The City Attorney reported that the petitions to be circulated in the proposed assessment district for the installation of curbs and gutters were being mimeographed and that a complication. in figuring the cost to the property owners was being worked out. HOLDER STREET PROJECT The City Manager reported that the Holder Street drainage project was at a standstill at the present, awaiting action on the matter by the Buena Park City Council as to their participation in the work. February 9, 1959 AUDIENCE PARTICIPATION PERIOD A Mr Duncan asked if the City could open a service road down through properties between Walker and Graham streets to be used for emergency equipment, principally fire equipment Mr Luncan stated that some of the residents in that area feared that the present situation precluded efficient handling of a fire There followed a lengthy discussion of the question. The Mayor stated that the Council would take the matter under advise- ment. Mr Duncan asked if something could be done about the junk along the sides of the streets He specifically mentioned an automobile tire which was lying at the edge of the street on Walker in front of his house. The City Manager stated that he would have the tire picked up Mr Duncan then brought up the matter of handbills which are thrown on everyone's lawns. The City Attorney stated that he would study the question of an ordinance to control such throw- aways and submit a model ordinance for consideration ADJOUHNM'ENT Upon motion of Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, the meeting was adjourned at 9 50 P iii until the next regular meeting 6Z eel -7- February 9, 1959 acob Van Dyke, 'ayor•