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1959-03-09MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS March 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 P.M. with Mayor Van Dyke presiding. The Pledge of Allegiance to the Flag was led by City Attorney Howell Councilmen present. A. E. Arnold, W. J. Arrowood, T. A. Baroldi, M. G. McCarney, and J. Van Dyke Councilmen absent None City officials present Deputy City Clerk -City Manager Wesenberg, City Attorney Howell, City Engineer Neff, and Police Chief Hansen. APPROVAL OF MINUTES Upon motion of Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, the Council minutes of the meeting of February 9, 1959, were approved as mailed. Upon motion of Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, the Council minutes of the meeting of February 16, 1959, were approved as mailed. C-2 ZONE CHANGE REQUEST The City Manager stated that this was the time and place as advertised for public hearing before the City Council on the request for a C-2 zoning reclassification for ten (10) acres on the corner of Ball Road and Holder Street. This is rezoning application No. 2 by William Gray. The City Manager stated that the Planning Commission had recommended granting of this zone change with the condition that a 30 -foot B-1 buffer strip be placed around the north and west perimeter of the proposed ten (10) acre parcel. Mr. McCarney stated that he thought the City should have in effect a regulatory ordinance regulating such things as curbs, gutters, etc., before the Council acts on this request. At this point, the request was tabled until later in the evening BERGERON-COKER USE VARIANCE APPLICATION The Deputy City Clerk stated that this was the time and place as -1- March 9, 1959 published and advertised for public hearing on the use variance application No 126 by Elmer L Bergeron to permit the erection of corrals and necessary structures for the stabling of thorough- bred horses on a parcel of land at the east end of Karen Street in R-4 zone. The Deputy Clerk stated that the Planning Commission had unanimously recommended against the granting of said variance. Two (2) petitions of the majority of landowners in the immediate vicinity of the property were presented to the City Council. These petitions contained the names of persons representing approximately twenty-six (26) parcels of land in the immediate neighborhood, and each was protesting the location of the proposed stabling area. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the City Council denied the variance, ROSEN USE VARI.NCE REQUEST The Deputy Clerk stated that this was the time and place as advertised for public hearing on Use Variance 127 as applied for by Samuel S. Rosen to permit the location of an existing dwelling trailer in a C-1 zone. Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, Use Variance 127 was ordered granted. STATE GAS TAX ENGIN, IN" NG AGREEMENT Upon motion of Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, Resolution No. 82, authorizing the City of Cypress to enter into an agreement with the State Division of Highways in order to procure $750.00 additional gas tax engineering funds, was approved and adopted, APPROVAL OF CHECKS The City Manager submitted the following checks individually to the Council for their approval of payment• CHECK NO. 1006 1007 1008 PAYEE Orange County Treasurer Orange County League of Cities Charles Thomas -2- March 9, 1959 AMOUNT +378.00 10.10 3.50 CHECK NO PAYEE AMOUNT 1009 Orange County Telephone Answering Service v 10.00 1010 Southern California Edison Company 39.29 1011 Southern Counties Gas Company 6,73 1012 Sissons Stationers 7.02 1013 Thermo -Fax Sales Inc. 2.62 1014 State Employees, Retirement System 2.37 1015 William Gerritsen 395.25 1016 Suburban Equipment Rentals 7.50 1017 Parkers 1 87 1018 Barr Lumber Co 10.40 1019 Industrial Asphalt at Stanton 62.96 1020 George F Cake Co. 10.80 1021 Whitneys Speedometer Service 16.00 1022 Hand -Stone Motor Co. 8 68 1023 McCoy Motor Co. 10.00 1025 Union Oil Company of California 527.05 1026 Union Oil Company of California 26.21 1027 Fred C Taylor 8,50 1028 Orange County Treasurer 49.47 1029 The Enterprise 58.55 1030 Thomas Law Book Company 2.50 1032 Kenneth G. Hebard, D. O. 125.00 1034 H. Rodger Howell 281,00 1035 M. W. Hansen 10 00 Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the preceding checks were authorized for payment The City Manager then presented the following bills for approval of payment by the Council Invoice No. 1459, Cypress Hardware .94 Invoice March 4, 1959, The Independent 8.26 Press -Telegram Invoice March 4, 1959, Orange County 74.68 Road Department -3- March 9, 1959 Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the preceding bills were authorized for payment. FIREWORKS ORDINPN CE AMENDMENT REPORT The City Manager gave a report giving suggestions for possible amendment of the present City fireworks ordinance regarding the setbacks of fireworks stands and signs. Upon motion of Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, the Council authorized the City Manager and City Attorney to draw up an amendment to the existing fireworks ordinance, incorporating the recommendations of the City Managerts report. SOUTHERN COUNTIES GAS COMPANY FRAv C HI SE The City Manager stated that the Southern Counties Gas Company had submitted to the City Clerkts office an application for franchise to the City of Cypress. Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the application for franchise of the Southern Counties Gas Company of California was re- ceived by the City Council of the City of Cypress. Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, Resolution Igo. 83 of the City Council, City of Cypress, declaring its intention to grant the gas franchise applied for by the Southern Counties Gas Company of California, was adopted. FIRE INSURANCE RATING Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the City Manager was authorized to make a formal request of the Pacific Fire Rating Bureau for a survey of the City of Cypress for the purpose of a possible reduction in the fire insurance rating of the City of Cypress CERRITOS CONSTRUCTION FUNDS REPORT The City Manager stated that he had been unofficially informed that the Orange County Board of Supervisors had recently approved of a County grant of matching funds in the amount of 537,500.00 to the . 4 March 9, 1959 City of Cypress for reconstruction of Cerritos Avenue between Knott and Walker Streets The City would put up an amount equal to that of the County, $10,000.00 of which would come from the State of California,, The Council requested the City Engineer to try and work out a new alignment for Cerritos at the point of the present curve west of Miller, if it is at all possible. INDUS''! IAL AND COMMKRCIAL DEVELOPMENT REGULATIONS ORDI NANCE The City Attorney read an ordinance, No. 51, establishing certain regulations and requirements for sidewalks, curbs and gutters, flood control improvements, etc , for industrial and commercial development within the City of Cypress. Upon motion of Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried by the following roll call vote, Ordinance No. 51 of the City of Cypress was adopted as an urgency ordinance Roll call AYES Councilmen Arnold, Arrowood, Baroldi, NcCarney, and J Van Dyke NOES• None ABSENT. None CONTINUATION OF C-2 ZONE REQUEST The Deputy City Clerk stated that the public hearing on the C-2 zone reclassification of Mr William Gray would now continue. There had been no protests received by mail and there were no protests in the audience. Whereupon, the City Attorney presented and read a proposed ordinance changing the land use classification on the said ten -acre parcel at Holder Street and Ball Road from A-2 to C-2. It was moved by Councilman McCarney, seconded by Councilman Arrowood nd unanimously carried, that said ordinance, No 52, be introduced and passed on to the next Council meeting for second reading and final adoption. ASSESSMENT DISTRICT REP ET The City Attorney stated that the petitions for curbs and gutters improvements in the proposed special assessment district to be -5- March 9, 1959 located immediately north of the City Hall will be delivered to the City Manager's office and will be ready for circulation in the proposed district. STOP SIGNS RESOLUTION Upon motion of Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, resolution No. 84, establishing a boule- vard stop at the intersection of Bloomfield and Orange and at the intersection of Cerritos and Moody, was adopted. ANNEXATION REQUEST The Deputy City Clerk submitted to the Council a petition of several land owners on the west side of Holder Street, south of Lincoln Avenue, and immediately adjacent to the City of Cypress, requesting annexation to the City of Cypress. Upon motion of Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, the Council accepted the petition and ordered that the boundaries of the proposed annexation be submitted to the Orange County Boundary Commission for their approval and then to be re- ferred to the City of Cypress Planning Commission for a recommenda- tion before coming back to the City Council. ANNEXATION POLICY Upon motion of Councilman NcCarney, seconded by Councilman Arnold and unanimously carried, the Council established the policy of sending all proposed annexations to the Planning Commission for recommendation before any action is taken by the City Council, CANCELLATION OF PROPERTY TAXATION Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the City Attorney was authorized to have the full power of cancellation of property within the City from the tax rolls in instances of acquisition of property within the City by the Or&nge County Flood Control District. -6- March 91. 1959 STANTON FLOOD CONTROL DISTRICT The City Attorney explained a letter recently received by the City from the Orange County Flood. Control District, describing the present situation regarding the Stanton Flood. Control District which overlaps into a portion of South Cypress, south of Katella Avenue. All developers of property within this established Stanton Flood Control District must po.y ,300.00 per acre to the Flood Control District as their share of payment toward the construction of drain- age channels within the confines of the district. One proposed channel will be constructed in the near future through the City of Cypress, immediately south of Katella Avenue. This matter will be studied and taken up at a later dote. JAY WALKING Mayor Van Dyke discussed the matter of too much "jay walking" in the Cypress business district by various individuals and, after a brief discussion, the Council decided to take no action whatsoever on the matter. It was indicated by certain members of the Council that, due to the lack of pedestrian crossings on Lincoln Avenue, it was almost impossible to prevent "jay walking" in certain places within the business district. ANNEXATION QUESTION A Mr. Wichman appeared before the Council as being one of the signers on the recently submitted petition to annex a portion of property on the west side of Holaer Street, south of Lincoln, and asked the Council if it would be more favorable to the Boundary Commission and the City of Cypress if another piece of property owned by a Mr. Hutchings would also be included in the proposed annexation. The Council informed the questioner that he should see the gentleman in question and, if he were willing to be a part of the annexation, that the City Attorney should be contacted and his additional piece of property included within the proposed annexation. REQUEST FOR VACATION OF DENNI STREET A petition for the vacation of Denni Street, between Crescent Avenue and Lincoln Avenue in the City of Cypress, was submitted March 9, 1959 -7- by the Forest Lawn Corporation. During the discussion, Mr. Blalock, attorney for Forest Lawn, indicated that the proposed Denni trunk sewer line would go through the Forest Lawn property at Denni Street. Ordinance No 53, setting the time and place for public hearing on the proposed vacation of Denni Street through the Forest Lawn property, was read by title only by the City Attorney. Upon motion of Councilman Arnold, seconded by Councilman Baroldi and unanimously carried, it was ordered that the Ordinance No. 53 be read by title only. Upon motion of Councilman Arrowood, seconded by Councilman Baroldi and unani- mously carried, said Ordinance No. 53 was introduced and passed on to the next Council meeting for second reading and final adoption. There ensued a lengthy discussion regarding the dis- position of Sumner Street as to possible dedication of additional property to the City of Cypress, etc. Upon motion of Councilmn Arnold, seconded by Councilman Baroldi and unanimously carried, the City Engineer was authorized to make a, study as to What would be the proper disposition of the Sumner Place situation and report back to the Council at the next meeting. AUDIENCE PARTICIPATION A Mr. James Duncan., resident on Walker Street, City of Cypress, stated to the Council that there was too much barn water flowing in the right-of-way along Walker Street, immediately in front of his home, He requested that the situation be taken care of imme- diately by the City. Mr. Duncan also requested that a check be made as to whether or not a Mr. Meekhoff, a neighbor of his, had a building permit for the enlargement of his chicken coops Mr. Duncan was assured that an investigation would be made of his complaints and immediate action taken, ADJOURNMENT There being, no further business, upon motion of Councilman Arrowood, -8- March 9, 1959 seconded by Councilman McCarney and unanimously carried, the meeting was adjourned until March 23, 1959, at 7 30 P.M. in the City Hall. Adjournment time• 9.45 P M. ��� cob Van Dyke, Mayor -9- March 9, 1959