Loading...
1959-04-13MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS April 13, 1959 A regular meeting of the City Council of the City of Cypress was called to order by Mayor Van Dyke in the City Hall, 9352 Walker Street, at 7 30 o'clock P. M. 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 City Clerk Olsthoorn, Deputy City Clerk - City Manager Wesenberg, City Attorney Howell, and City Engineer Neff APPROVAL OF MINUTES Upon motion of Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, the minutes of the meeting of March 9, 1959, were approved as submitted. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the minutes of the meeting of March 23, 1959, were approved as submitted. GAS COMPANY FRANCHISE PUBLIC HEARING The Deputy City Clerk stated that this was the time and place as advertised for the public hearing on the application of the Southern Counties Gas Company of California for a franchise. The Deputy Clerk stated that a bid in the amount of $250 00 had been received from the Southern Counties Gas Company of California There being no other bids, it was moved by Councilman McCarney, seconded by Councilman Baroldi, that said bid submitted by the Southern Counties Gas Company be accepted, which motion was unani- mously carried by the following roll call vote AYES Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES• None ABSENT. None -1- April 13, 1959 It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that said franchise be awarded to the Southern Counties Gas Company of California. Whereupon, the Deputy Clerk presented a proposed ordinance granting said franchise to the Southern Counties Gas Company. It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that said ordinance be read by title only. The Deputy Clerk then did read the title of said ordinance, It was then moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that said ordinance, No. 58, be introduced and passed on to the next meeting for second reading and final adoption. REGIS'n:R OF DEMANDS Upon motion of Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, the Register of Demands for the months of March and April, 1959, were approved as submitted. ENGINEER'S REPORT ON SUMNER PLACE City Engineer Neff reported that, since Sumner Place is located in the County, he recommended that future plans of the City include widening Sumner Place to 60 feet at such time as the street is opened and developed through to Lincoln Avenue. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the report and recommendation of the City Engineer was re- ceived. FIREWORKS ORDINANCE AMENDMENT The Deputy City Clerk stated that the question had been raised as to whether the Council would revoke the requirement of 100 feet between a permanent building and a temporary fireworks stand. Follow- ing discussion, it was decided that the matter should be handled by means of a variance, Thereupon, Ordinance No. 54, amending Ordinance No. 18 to control signs and setbacks, was presented for second read- ing and final adoption, It was moved by Councilman Arnold, seconded -2- April 13, 1959 by Councilman Arrowood and unanimously carried, that said Ordi- nance be read by title only. The City Attorney then did read the title of said ordinance. Upon motion of Councilman Arnold, seconded by Councilman Arrowood, the Council passed and adopted Ordinance No. 54, which motion was unanimously carried by the following roll call vote AYES• Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES None ABSENT: None =LARD ANNEXATION The Deputy City Clerk reported that the Cypress Planning Commis- sion had recommended that the Council proceed with the proposed annexation The Deputy City Clerk then presented and read a letter from a Mrs. Wanda Owens stating that she preferred to remain in County territory and, therefore, wished to be excluded from the annexation, The City Attorney stated that no report had been received as of this date from the County Boundary Commission. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the matter was tabled until the next regular meeting of the Council in order that a study might be made to determine how army other property owners in the immediate vicinity would like to be included in the annexation, DENNI STREET VACATION, PUBLIC HEARING The Deputy City Clerk stated that this was the time and place pre- established for the public hearing on the proposed abandonment of easement providea for the extension of Denni Street between Lincoln Avenue and Crescent Avenue in the City of Cypress. The Deputy City Clerk stated that one written protest had been received by the City Clerk's office from a man and wife who live outside the City limits on Gay Street, Upon request of Councilman Baroldi, the letter was read by the Deputy City Clerk. Said letter was signed -3- April 13, 1959 by Mr. Victor J. Wilson and Mrs. Wanda J Wilson, 8302 Gay street, Cypress, California (County area). A Mr. Sorenson, 4552 East Lincoln Avenue, presented a petition containing 49 names of residents of the County who protested the proposed abandonment. Following questioning of Mr Sorenson by the City Attorney as to the method by which said signatures were obtained, Councilman McCarney requested that the petition be read. The Deputy City Clerk then did read the petition as sub- mitted by Mr. Sorenson, Mr. William D. Shubin, 4615 Orange Avenue, Cypress, submitted a petition containing 48 na,,es of residents of the City of Cypress, protesting the proposed abandonment. Mr. Peter Van tRuiten, 3750 Bloomfield Avenue, Cypress, stated that he had not signed the petition but that he would like to see Denni Street opened up and not abandoned. Further, he was interested in what plans were being made for the sewers in that area. A Mrs. Mary Virginia Wood, 8282 Gay Street (County area) protested the proposed abandonment. Mr. James Leveline, 56722 Newman Street, Cypress, spoke in favor of the proposed abandonment. Mrs. Frank Correia, 9092 Denni Street, stated that she had been in- formed by officials in Santa Ana that Denni Street is a dedicated road. Councilman Arnold stated that Denni Street is not a dedicated road but that there is an easement for road purposes. Mr. Wayne Worley, 6412 Orange Avenue, protested the proposed aban- donment. Upon the question being raised of an easement through the Forest Lawn property for sewer purposes, the City Attorney read an excerpt from the proposed ordinance showing that the easement is established to be used as necessary. April 13, 1959 There being no further protests, the Mayor asked if anyone wished to be heard in favor of the abandonment. At this point, the City Attorney suggested that a statement from the City Engineer would be appropriate. The City Engineer stated that there has never been anything but a dirt trail into the Lawrence property and there has been no improvement of the easement between Lincoln and Crescent. In answer to a question from Councilman McCarney, City Engineer Neff stated that he believed that the north end of the street, at Crescent, had been fenced and that traffic had never been able to go all the way througn. Mr. Ugene Blalock, legal representative for Forest Lawn Memorial - Park, submitted an affidavit from Mr. Lawrence, former owner of a large portion of the property presently owned by Forest Lawn in the City of Cypress. Said affidavit was then read by the Deputy City Clerk. There being no further speakers, upon motion of Councilman McCarney, seconded by Councilman Arnold and unanimously carried, the public hearing was closed at 8.45 otclock P. M. ARNOLD LET TEH TO THE hAYOR At this point, Councilman Arnold requested permission to submit and read a letter, addressed to the Mayor, which expressed his personal opinions relating to Ordinance No. 41, Section 17, cemetery regula- tions. DENNI STREET VACATION, CONTINUED Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the matter of the abandonment of the ease- ment for Demi Street between Lincoln and Crescent Avenues was conti- nued until the next regular meeting on May 11, 1959. Upon a request from Mr. Shubin that the public be informed of any change of time so that they could be present to continue their protests, the City Attorney stated that, once the public hearing is closed, it would be an error to attempt to influence the City Council. ..5 - April 13, 1959 There followed a discussion on Mr. Blalock's request for a decision before May 11, if possible. At this point Councilman Arnold withdrew the previous motion and Councilman Arrowood withdrew the second. Upon motion of Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, the Council voted to continue the abandonment of Denni. :street question until April 20, at 8 00 P. M. The Council recessed at 9:00 o'clock P. M. and re -convened at 9 05 o'clock P. M. ORANGE AVENUE IMPROVEMENT City Engineer Neff reported approximate figures on the cost of pro- posed resurfacing of Orange Avenue, between Walker and Moody. There followed a discussion on whether to use a 2i inch or 3 inch. top. The matter was tabled. DILLON ANNEXAATION The Deputy City Clerk presented Ordinance No. 57, annexing certain uninhabited territory known as the Dillon Annexation to the City, for second reading and adoption. It was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that said ordinance be read by title only. Whereupon the Deputy City Clerk did read the title of said ordinance. Upon motion of Councilman Baroldi, seconded by Councilman Arrowood, Ordinance No. S7 was adopted by the following roll call vote. AYES. Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES• None ABSENT: None STANTON FLOOD CONTROL CHANNEL QUESTION A Nr. Steven O'Donnell, representing Harvlan, Inc., 417 South Hill Street, Los Angeles, presented and read a letter regarding the Stanton Flood Control Channel to the Council. Upon motion. of Councilman Arrowood, seconded by Councilman. Baroldi and unanimously -6- April 13, 1959 carried, the Council ordered said letter received and filed and the matter referred to the City Engineer for a report, BUILDING REGULATIONS ORDINANCE, REPORT The City Attorney reported on the status of the proposed new build- ing regulations. He stated that he had had conferences with Mr. Donohue of the Building Department on various problems and that the document was almost ready, TRUCK WEIGHT LIMIT ORDINANCE AMENDMiENT The Deputy City Clerk presented Ordinance No. 55, amending Ordinance No. 30 as to the truck routes through the City, for second reading and final adoption It moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that said ordinance be read by title only. Thereupon. the Deputy City Clerk did read the title of said ordinance. Councilman McCarney requested that the entire ordinance be read, which was done. Upon motion of Councilman Arrowood, seconded by Councilman Baroldi, Ordinance No. 55 was passed and adopted unanimously by the following roll call vote: AYES: Councilmen Arnold, Arrowood, Baroldi, McCarney and Van Dyke NORS: None ABSENT* None HUNTINGTON BEACH REFINERY QUESTION Upon motion of Councilman Arnold, seconded by Councilman McCarney, the Council authorized a letter to be written to Geier and Associates to the effect that the City approved of the proposed oil refinery in Huntington Beach providing that the requirements of the Air Pollution Control Board are met, Which motion was carried by a vote of four (4) Ayes to one (1) No (Councilman Arrowood dissenting). SALES TAX CONTRACT AMENDMENT The Deputy City Clerk presented and explained an amendment to the agreement with the State of California for collection of sales and use taxes. Said amendment provides for accelerated transmittal of -7- April 13, 1959 local sales tax collections. Upon motion of Councilman McCarney, seconded by Councilman Arnold and unanimously carried, the Council authorized the Mayor to execute said amendment for the City of Cypress. SENATE BILL 480, ORANGE COUNTY FREEWAYS The Deputy City Clerk stated that the City had received a request from the Orange County Road Department, requesting the City to adopt a resolution of the Board of Supervisors supporting Senate bills proposed to give additional funds for Orange County freeways. Upon motion. of Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the matter was tabled until April 20 so that copies of said bills might be obtained for study prior to making a decision. ASSEMBLY BILL 286 USE OF RESERVOIRS The Deputy City Clerk stated that said bill, AB286, provided for the use of domestic water supply reservoirs for recreational purposes, and that the Metropolitan Water District has asked the City to oppose said bill. Upon motion of Councilman Arnold, seconded by Council- man Arrowood and unanimously carried, the Council voted to support Assembly Bill 286. ORANGE AVENUE IMPROVEMENT The matter of the authorization of the improvement on Orange Avenue was tabled until further investigation could be made. FIRE RATE REPORT The Deputy City Clerk stated that the Pacific Board of Fire Under- writers had answered the City's letter by stating that insufficient improvement in water systems, etc., had been made to warrant a change in the fire rate at this time. C-2 ZONE CHANGE ORDINANCE The Deputy City Clerk presented Ordinance No. 52, changing the land use classification on a ten -acre parcel at Holder and Ball from A-2 to C-2, for second reading and final adoption. It was moved by -8- April 13, 1959 Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, that said ordinance be read by title only. Thereupon the Deputy City Clerk did read the title of said ordinance. Upon motion of Councilman Arnold, seconded by Councilman Baroldi, the Council passed and adopted Ordinance No. 52, which motion was unanimously carried by the following roll call vote. AYES. Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES: None ABSENT: None FIRE PREVENTION CODE ORDINANCE The Deputy City Clerk presented a proposed ordinance, No. 59, adopting the national fire prevention code. It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that said proposed ordinance be read by title only., Thereupon the Deputy City Clerk did read the title of said ordi- nance. Upon motion of Councilman Arrowood, seconded by Council- man Arnold and unanimously carried, said ordinance, No. 59, was introduced and passed on to the next regular Council meeting for second reading and final adoption. AUDIENCE PARTICIPATION Er. James Duncan, 9582 Walker Street, expressed disapproval of anything pertaining to City business being discussed at private meetings. He stated that everything should be discussed at an open meeting so that the people can have something to say about it, Mr, Duncan was informed by the Mayor that no legal actions on any matter are ever taken other than in Council meetings held in the City Hall. Mr. Duncan then expressed his appreciation to the Council and City Manager for taking care of the water situa- tion. -9- April 13, 1959 ADJOURNMENT There being no further business to come before the Council, upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the meeting was adjourned at 10:15 o'clock P. N until 8.00 o'clock P. M., April 20, 1959. A-ori l 13, 1959 jJacob Van Dyl, , Mayor -10-