1959-05-11MINUTES OF THE MEETING
OF THE CITY COUNCIL OF
THE CITY OF CYPRESS
May 11, 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. N. The Pledge of Allegiance was led
by Councilman Arnold.
Councilmen present.
Councilmen absent*
A. E.
Arnold, W, J. Arrol'tiood, T A. Baroldi,
M. G. McCarney, and J Van Dyke
None
City officials present.
City Clerk Olsthoorn, Deputy City Clerk -
City Manager Wesenberg, City Attorney
Howell, and City Engineer Neff
MINUTES
Upon motion of Councilman Arnold, seconded by Councilman Arrowood
and unanimously carried, the minutes of the Council meeting of
April 13, 1959, were approved as submitted.
Upon motion of Councilman McCarney, seconded by Councilman Baroldi
and unanimously carried, the minutes of the Council meeting of
April 20, 1959, were approved as submitted.
DEivNI STREET ABANDONMENT
The City Attorney reported that the Committee on arterial highways,
working under the Orange County Planning Commission, is conducting
a study of the question of retaining Denni Street on the master
plan of arterial highways. They are working with the committee
from Los Angeles County. Their report will be ready for submission
to the Council on Wednesday, May 20.. The City Attorney stated that
it had been determined that Los Angeles County plans to do nothing
with Shoemaker Street, which is the street with which Denni would
connect if both streets
that Dairy Valley plans
Artesia Boulevard where
were extended. The City Manager stated
no extension of Shoemaker Street south of
it dead -ends at present. Upon motion of
Councilman Baroldi, seconded by Councilman McCarney and unanimously
carried, the matter was continued until May 20, 1959, at 6:30 P. M.
May 11, 1959
GAS FRANCHISE ORDINANCE ADOPTION
The Deputy City Clerk presented for second reading and adoption
Ordinance No. 58, granting to the Southern Counties Gas Comp.y
of California a franchise in the City of Cypress. It was moved
by Councilman McCarney, seconded by Councilman Arrowood and unani-
mously carried, that said ordinance be read by title only. Where-
upon, the Deputy City Clerk did read the title of said ordinance.
Upon motion of Councilman Baroldi, seconded by Councilman McCarney,
the Council passed and adopted Ordinance No, 58, which motion was
unanimously carried by the following roll call voteā¢
AYES Councilmen Arnold, Arrowood, Baroldi,
McCarney, and Van Dyke
NOES: None
ABSENT None
VAN LEEUWEN VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No. UV -128
of Jacob Van Leeuwen, Jr., to erect an additional 30 -cow row of
(enclosed) stanchions on the west side of the existing milk barn on
Mr. Van Leeuwen's dairy at 5731 Orange Avenue in the R-4 zone. The
Deputy City Clerk presented the plot plan for study. The Deputy
City Clerk stated that the Cypress Planning Commission had recommended
that the variance be granted as requested and had added no conditions.
Councilman Arnold brought up the question of requiring a dedication
of land in case of street widening and of requiring the applicant
to put in curbs and gutters. Following discussion, upon motion of
Councilman Baroldi, seconded by Councilman Arrowood and unanimously
carried, the variance was granted as requested in the application
with the condition that the applicant dedicate sufficient land to
widen Orange Avenue to 60 feet for a distance of 18 feet along
Orange Avenue immediately in front of the dairy barn.
GOTJRLEY VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No, UV -132
of Cavell N. Gourley to erect a concrete ready mix batch plant at
-2-
May 11, 1959
9311 Miller Street in the M-1 zone, immediately south of the
Pacific Electric Railway tracks. The plot plan was presented
to the Council for study. The Deputy City Clerk stated that the
Cypress Planning Commission had recommended that said variance be
granted. He then read the conditions which were stipulated by the
Cypress Planning Commission. It was moved by Councilman McCarney,
seconded by Councilman Arrowood, that the variance be granted as
requested on the application with the following conditions:
1. That the owner dedicate to the City of Cypress for street
improvement purposes, an area 60 feet from the centerline
of Miller Street and the full width of property, Lot D,
as indicated on the plot plan,
2. That an encroachment permit be given for a sign advertising
this business, to be located 60 feet from the centerline of
Miller Street and an encroachment permit for the existing
dwelling to be used as an office at its present location
until such time as Miller Street is widened;
3. That the aforementioned sign, advertising the business, be
constructed according to County regulations,
4. That a bond be submitted by the applicant to the City of
Cypress, in an amount to be stipulated by the City Engineer,
guaranteeing construction of concrete curb and gutter the
entire length of the property, Lot D, at the time of street
widening,
5. That a hard -surface paving be placed from the proposed batch
plant up to, and connecting with, the existing pavement of
Miller Street, said paving to be driveway width.
Following further discussion, Councilman McCarney requested permis-
sion to amend his motion with a further condition that storage of
material will not exceed one week's supply, which amendment was ac-
cepted by the second. Councilman Arnold moved that a substitute
amendment be adopted, requiring the applicant to install curbs,
-3-
May 11, 1959
gutters and street improvements, which motion failed for lack of
a second.
Thereupon, the Council voted that UV -132 be granted, as moved by
Councilman McCarney and seconded by Councilman Arrowood, by a vote
of three Ayes and one No (Councilman Arnold dissenting).
LINDEBOOM VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No. UV -130
of Eize Lindeboom to permit the erection of a cash and carry drive-
in retail milk sales store and a milli bottling and processing build-
ing immediately north of Carbon Creek Channel on the east side of
Miller Street in the A-2 zone. The plot plan was presented to the
Council for study. The Deputy City Clerk then read the recommenda-
tion and conditions of the Planning Commission, Following discus-
sion as to the placement of the curbs and gutters, upon motion of
Councilman McCarn.ey, seconded by Councilman Arrowood and unanimously
carried, the variance was granted as requested on the application
with the following conditions*
1. That the proposed milk store structure, as indicated on the
plot plan, be placed a minimum of 115 feet from the center-
line of Miller Street;
2. That applicant dedicate to the City of Cypress for street
improvement purposes an area 60 feet from the centerline
of Miller Street and 120 feet in length north of the right-
of-way of the Carbon Creek Channel,
3. That applicant post a bond with the City of Cypress, in an
amount to be stipulated by the City Engineer, guaranteeing
construction of concrete curb and gutter at the time of
street widening; said curb and gutter to extend a minimum
of 120 feet from the north right-of-way of the Carbon Creek
Channel;
4. That the sales island, or milk store, be located a minimum of
35 feet north of the present flood control channel right-of-
way.
.4 -
May 11, 1959
BOSTON VARIANCE APPLICATION
The Deputy City Clerk stated that the Cypress Planning Commission
had referred this variance to the City Engineer for additional fig-
ures on setbacks and that no action had been taken on the matter.
The variance was tabled by the Council.
LEAL-BARNHARD VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No. UV -131
of John C. Leal to permit the erection of a cash and carry sales
building at 5922 Ball goad in the A-2 zone The plot plan was pre-
sented to the Council for study. The Deputy City Clerk then read
the recommendation and conditions of the Cypress Planning Commission.
During the discussion on the number and placement of driveways,
Councilman McCarney moved that applicants be required to present
12 plot plans and that the plot plans should be complete as to drive-
ways, roads, etc. Said motion was ruled out of order at this time.
Upon motion of Councilman Arnold, seconded by Councilman Arrowood
and unanimously carried, UV -131 was granted as requested in the ap..
plication with the following conditionsā¢
1. That three (3) half -circle concrete driveways connecting
with the existing pavement on Ball Road be constructed
(two (2) drives in the rear of the sales box structure
and one (1) in front of said structure) ;
2. That applicant post a bond with the City of Cypress, in an
amount to be stipulated by the City Engineer, guaranteeing
construction of concrete curb and gutter for a distance of
271 20 feet along Ball Road in front of said sales and pro-
cessing buildings at such time as Ball Road is widened,
3. That applicant dedicate to the City of Cypress for street
purposes an area 50 feet from the centerline of Ball Road
for a distance of 271.20 feet along the street in front
of proposed buildings.
-5-
May 11, 1959
VARIANCE APPLICATION REQUIREMENTS
Councilman McCarney moved that applicants for zone changes, vari-
ances, and conditional use permits be required to present twelve
(12) copies of the plot plan, complete with all details such as
driveways and signs, which motion was seconded by Councilman
Baroldi and unanimously carried.
LORENCO VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No. UV -133
of Joseph F. Lourenco to permit the erection of a single fanily
dwelling with less than the required building site at 6344 Orange
Avenue in the M-1 zone, The Deputy City Clerk then read the recom-
mendation and conditions of the Cypress Planning Commission, Upon
motion of Councilman Arnold, seconded by Councilman Arrowood and
unanimously carried, UV -133 was granted as requested with the condi-
tion that a paved driveway be placed between the proposed dwelling
and the existing pavement of Orange Avenue,
VAN HUNNICK VARIANCE APPLICATION
The Deputy City Clerk presented Use Variance Application No. UV -134
of Garrett and Anne Van Hunnick to permit the establishment of a
drive-in cash and carry retail milk sales store immediately south
of the north City limit on the west side of Miller Street in the
M-1 zone. The Deputy City Clerk then read the recommendation and
conditions of the Cypress Planning Commission, Councilman Arnold
moved that the variance be granted as requested in the application
with the following conditions:
1. That applicant post a bond with the City of Cypress, in an
amount to be stipulated by the City Engineer, guaranteeing
construction of concrete curb and gutter in front of the
milk sales store at the time of street widening,
2. That applicant dedicate to the City of Cypress for street
purposes an area 60 feet from the centerline of Miller Street,
3. That applicant pave the existing driveway to the existing
pavement on Miller Street,
-6-
May 11, 1959
4. That said use variance permit be granted temporarily,
until such time as Miller Street is widened to its maxi-
mum width.
Said motion was seconded by Councilman Arrowood Whereupon, Council-
man Baroldi requested the permission of the maker of the motion and
the second to amend conditions 1 and 2 by stipulating that the curbs
and gutters be installed for a distance of 150 feet along Miller
Street and that the area to be dedicated for street purposes also
extend for a distance of 150 feet along Miller Street, and to add a
further condition as follows.
5. That an encroachment permit be issued to applicants, covering
the milk sales structure, driveway, and sign.
Permission was granted to make said amendment. Said motion, as
amended, was unanimously carried.
REGISTER OF DEMANDS
Upon motion of Councilman Arnold, seconded by Councilman Baroldi and
unanimously carried, the Register of Demands for the month of May
was approved as submitted.
LINCOLN AVENUE ANNEXATION
The Deputy City Clerk presented a petition for annexation to the
City of Cypress, signed by property owners in the area east of the
City limit to the Buena Park City limit, and from Lincoln Avenue north
about two-thirds of the distance to Danny Street. It was pointed
out that, since there were only six or seven registered voters in
the proposed annexation, that the area could be annexed under the
Uninhabited Territory Act. The Deputy City Clerk reported that the
Cypress Planning Commission had recommended that the territory be
annexed, said recommendation carrying by a vote of three to two.
Upon motion of Councilman McCarney, seconded by Councilman Arnold
and unanimously carried, the Council instructed the City Attorney,
City Engineer, and City Manager to prepare and file the proposed
annexation with the Orange County Boundary Commission.
-7-
May 11, 1959
WEED ABATEMENT RESOLUTION
The Deputy City Clerk presented Resolution No. 85, authorizing
the County Fire Warden to give notice to property owners to de-
stroy weeds ane, setting May 20, 1959, at 6.30 P, M. as the date
and hour for the public hearing of objections and protests. Upon
motion of Councilmaa Baroldi, seconded by Councilman McCarney,
Resolution No. 85 was adopted, which motion was unanimously carried
by the following roll call vote*
AYES. Councilmen Arnold, Arrowood, Baroldi,
McCarney, and Van Dyke
NOES None
ABSENT. None
AUDIT REPORT
The Deputy City Clerk presented to each Councilman a copy of the
audit report for the quarter ending March 31, 1959. 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 the Councilmen might have
sufficient time to study the report,
PURCHASE OF LOT, MILLER STREET
The Deputy City Clerk stated that the matter of purchasing a lot on
Miller Street for taxes was being brought up before the Council
again, due to the fact that some additional information had been
received on the subject, The Deputy City Clerk stated that the
City may purchase the lot in question for
150,00 plus advertising
charges. If the City declines to purchase the lot, it would then
be put up for public bid. Upon motion of Councilman Arnold, seconded
by Councilman Baroldi and unanimously carried, the Council adopted
Resolution No. 86, offering to purchase said lot described as Lot
B, Tract No, 94, AP78-120-03 Code 19-02.
-8.
Nay 11, 1959
WETZEL ANNEXATION REQUEST
The Deputy City Clerk introduced Mr. Thomas P Wetzel and stated
that the City Clerk's office had received a request for annexation
to the City of Cypress. Said request was signed by Mr. Wetzel and
Mrs. Helen J Westreicher, Mr. Wetzel stated that the area pro-
posed to be annexed was west of the present City boundary to Watson
Street and north of Lincoln Avenue to the Pacific Electric tracks.
Mr. Wetzel stated that the other property owners were in accord
but were not present. Upon motion of Councilman Arnold, seconded
by Councilman Arrowood and unanimously carried, the City Attorney,
City Manager and City Engineer were instructed to prepare and sub-
mit the proposed annexation, as requested, to the Orange County
Boundary Commission.
POLICE CHIEF CONFF2ENCE ATTENDANCE
Police Chief Hansen appeared before the Council and requested per-
mission to attend the annual Police Chiefs' Conference to be held
in San Jose, California, on May 25, 26, and 27, 1959. Upon motion
of Councilman Arnold, seconded by Councilman Arrowood and unanimously
carried, the Council approved the Police Chief's attendance at said
conference for the stated time with the City paying the Police Chief's
expenses for said trip and conference. hotel, meals, transportation
(the Chief was authorized to drive the Police Department car),
registration fee, etc.
STREET CONSTRUCTION BIDS
The Deputy City Clerk reported that the County Board of Supervisors
had adopted a policy of doing no street or road construction whatso-
ever. There followed a discussion of the various street construction
and resurfacing jobs which needed to be done. Upon motion of Council-
man Baroldi, seconded by Councilman Arrowood and unanimously carried,
the Council authorized that the County Road Department be requested
to handle as much of the work as they will and put the remainder of
the projects out to bid. Upon motion of Councilman McCarney, seconded
-9-
May 11, 1959
by Councilman Arnold and unanimously carried, the Council author-
ized that the following street construction projects be advertised for
bids Storm damage projects S -94-C-7, S -94-C-8, and S -94-C-9 under
State No 8-79H-45, and City resurfacing project No. S -94-C-2.
MILLARD ANNEXATION
The City Manager reported that he had checked the area involved
as instructed by the Council at a previous meeting. He stated that
the boundaries as submitted are in order and that the property
owners in the County area on both sides of the proposed annexation
are either against annexing to the City or are not ready to act at
this time. Upon motion of Councilman Arnold, seconded by Council-
man Arrowood and unanimously carried, Resolution No. 87, setting
Monday, June 22, 1959, at 7'30 o'clock P. M., in the City Hall as
the time and place for the public hearing on the proposed annexa-
tion, was adopted,
FIRE PREVENTION CODE ORDINANCE ADOPTION
The Deputy City Clerk presented Ordinance No. 59, adopting the
national fire prevention code, for second reading and adoption,
It was moved by Councilman Arnold, seconded by Councilman Arrowood
and unanimously carried, that Ordinance No. 59 be read by title
only. Whereupon, the Deputy City Clerk did read the title of said
ordinance. Councilman Arnold moved that Ordinance No. 59 be and is
hereby passed and adopted, Which motion was seconded by Councilman
Arrowood and unanimously carried by the following roll call vote:
AYES- Councilmen Arnold, Arrowood, Baroldi ,
McCarney, and Van Dyke
NOES* None
ABSENT. None
STANa jN FLOOD CONTROL DISTRICT REPORT
The Deputy City Clerk presented and read a letter from the City
Engineer, in which the Engineer recommended that the City of Cypress
participate in the Stanton Flood Control District's plan for a
drainage channel in the southern section of the City. Upon motion
-10-
May 11, 1959
of Councilman Arnold, seconded by Councilman McCarney and unani-
mously carried, the Council accepted the City Engineerts recom-
mendation as to the City participation in the Stanton Flood
Control District,
ORDINANCE CONTROLLING EXCAVATI ONS
The City Attorney presented a proposed ordinance controlling exca-
vations on the public right-of-way and requiring permits for said
excavations. It was moved by Councilman Baroldi, seconded by
Councilman Arrowood and unanimously carried, that said proposed
ordinance be read by title only. Whereupon, the City Attorney did
read the title of said ordinance. Upon motion of Councilman
McCarney, seconded by Councilman Baroldi and unanimously carried,
said ordinance, No. 60, was introduced and passed on to the next
Council meeting for second reading and final adoption,
PROPOSED STREET IMPROVEMENT ORDINANCE
The City Attorney reported that he had completed a draft of an
ordinance governing dedication for street purposes, putting in
curbs and gutters, etc., but that he had unwittingly omitted street
lights. The City Attorney stated that the item of the street lights
would have to be included, He stated that the draft, as it is
written, was approved by the Cypress Planning Commission by a vote
of four to one, with the exception that they would not approve re-
quiring property owners to pave the street up to the existing pave-
ment, There followed a discussion as to whether the ordinance should
require the paving of the dedicated portion of the street, as well
as putting in curbs and gutters, Councilman Arnold was of the
opinion that the property owner should be required to do so. Council-
man Baroldi was of the opinion that the property owner should not
be required to do so, except in the case of a subdivision where new
streets are put in. Councilman Arrowood was not in favor of requir-
ing property owners to pave the dedicated portion of the street.
May 11, 1959
MISCELLANEOUS
The Deputy City Clerk presented and read a letter to the City
Council from a Mr. Fred C. Taylor, a representative of the
Citizens' Committee, requesting a spot on the agenda at this
meeting. There being no representatives of the Citizens' Com-
mittee present who wished to speak, the letter was ordered
received and filed.
ADJOURNMENT
There being no further business to come before the Council at
this time, upon motion of Councilman Arrowood, seconded by
Councilman Baroldi and unanimously carried, the meeting was
adjourned at 10:40 o'clock P. M. until May 20, 1959, at 6.30
o'clock P. M.
-12-
May 11, 1959
Jacob Van Dyke, M= or