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1959-06-08MINUTES OF THE METING OF THE CITY COUNCIL OF THE CITY OF CYPRESS June 8, 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 P. M. The Pledge of Allegiance was led by Councilman McCarney. 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, City Manager - Deputy City Clerk Wesenberg, City Engineer Neff, Assistant City Engineer Farnham, City Attorney Howell MINUTES Upon motion of Councilman Baroldi, seconded by Councilman Arroweod and unanimously carried, the minutes of the meeting of May 11, 1959, were approved as submitted. The approval of the minutes of April 28, May 20, and June 1, were deferred until a later date. DENNI STREET ABANDONMENT, CONTINUATION The City Attorney read and discussed certain communications which had been received from County authorities on this matter. During the discussion, the Chair recognized a Mr. Ray Vincent, an attorney from Buena Park, who stated that he was representing Mr. Shubin. Mr. Vincent presented arguments against the abandonment of Denni Street. Following further discussion, upon motion of Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, the matter of the abandonment of Denni Street was continued until June 18, 1959, at 7:30 P M. STREET CONSTRUCTION BIDS, OPENING The Deputy City Clerk stated that this is the time as advertised for the opening of bids for Project S94C-2, 7, 8, and 9 for the several street paving projects in the City which are to be handled by private companies rather than the County Road Department. -1- June 8, 1959 Upon motion of Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, the Council ordered the closing of the bidding on said street paving projects in the City of Cypress and ordered the City Clerk to open the bias which had been received as of the advertised time for said opening. Thereupon, the Deputy City Clerk opened each of the seven (7) bids which had been sub- mitted and read off the name of the bidder and the amount of the bid in detail, as follows Bidder No. 1 - Goode & Schroeder, Inc, PRICE PER ITEM QUANTITY UNIT TOTAL PRICE PMS 3,780 tons $5.00 $18,900,00 URB 920 tons $2 95 2:714.00 SC -2 4,000 gals. 17 680,00 SC -4 2,000 gals. 16¢ 320.00 Water Applied 190,000 gals. ,005 950.00 Scarify & Remix 11,000 sq.yds, 14 1,450.00 Finishing Roadway 96.2 stations 435.00 3,367.00 29" x 18" CMP 12 Ga, in place 70 lin. ft, $11.25 787,50 TOTAL BID $2y,258.50 Bidder No. 2 - Norwalk Asphaltic Concrete, Inc. PES 3,780 tons 4$5.25 $19.845,00 URB 920 tons $2 24 2,060.80 SC -2 4,000 gals, 11¢ 440.00 SC -4 2,000 gals. 100 200.00 Water Applied 190,000 gals, .0020 380.00 Scarify & Remix 11,000 sq_. yds, 09¢ 990.00 Finishing Roadway 96.2 stations $4.16 400.19 29" x 18" CNP 12 ga. in place 70 lin. ft, 411.86 830.20 TOTAL BID ;'s 25,146 19 -2- June 8, 1959 Bidder No. 3 - Ray F Hess Construction Co I TE11 PMS URB SC -2 SC -4 Water applied Scarify & Remix Finishing Roadway 29" x 18" CNP 12 ga. in place Bidder No. 4 - R. PMS URB SC -2 SC -4 Water applied Scarify & Remix Finishing Roadway 29" x 18" CNP 12 ga, in place Bidder PMS URB SC -2 QUANTITY 3,780 tons 920 tons 4,000 gals. 2,000 gals. 190,000 gals. 11,000 sq yds. 96.2 stations 70 lin. ft. J. Noble Co. 3,780 tons 920 tons 4,000 gals 2,000 gals. 190,000 gals. 11,000 sq yds. 96.2 stations 70 lin, ft. No. 5 - Sully -Miller Contracting SC -4 Water Applied Scarify & Remix Finishing Roadway 29" x 18" CMP 12 ga.. in place June 8, 1959 PRICE PHA -4 UNI T 0.41 2.86 18¢ 13¢ 003¢ 43.5¢ $25.00 $13.00 TOTAL BID $5.18 $2.95 15¢ 14¢ 003¢ 27¢ 43.00 $12.20 TOTAL BID Company, Oran. TOTAL PRICE $20.449.80 2,631 20 720.00 260,00 570.00 4,785.00 2,405.00 910.00 $32,731,00 *19,580.40 2,714.00 600.00 280.00 570.00 2,970.00 288.60 854.00 $27,857.00 ge, California 3,780 tons 920 tons 4,000 gals. 2,000 gals. 190,000 gals. 11,000 sq. yds. 96 2 stations 70 lin. ft. —3— $5.5 0 $3.00 20¢ 20¢ .005¢ 30¢ $14.50 $12.50 TOTAL BID $20,790.00 2,760.00 800.00 400.00 950.00 3,300.00 1,394.90 875,00 $31,269.90 Bidder No, 6 - Cox Bros. Construction Co. PRICE PER ITEM QUANTITY UNIT TOTAL PRICE PMS 3,780 tons 0.10 $19,278.00 URB 920 tons $2.50 2,300.00 SC -2 4,000 gals. 16¢ 640.00 SC -4 2,000 gals. 13¢ 260 00 Water Applied 190,000 gals. .001¢ 190.00 Scarify & remix 11,000 sq. yds, 25¢ 2,750.00 Finishing roadway 96.2 stations 0.1.00 1,058.20 29" x 18" CMP 12 ga, in place 70 lin. ft. 11.Q0 770.00 TOTAL BID $27,246.20 Bidder No 7 - Griffith Company PMS 3,780 tons 45.40 $2o,412 00 URB 920 tons 42,65 2,438.00 SC -2 4,000 gals, 22¢ 880.00 aC-4 2,000 gals, 16¢ 320.00 Water applied 190,000 gals, .0035¢ 665.00 Scarify & remix 11,000 sq, yds. 30 3,300 00 Finishing Roadway 96.2 stations 48.00 769.60 29" x 18" CEP 12 ga. in place 70 lin. ft. 415.25 1,067.50 TOTAL BID $29,852.10 852.10 The Deputy City Clerk stated that the foregoing bids were all of the bids received for project S94C-2, 7, 8, and 9. Upon motion of Councilman Baroldi , seconded by Councilman Arrowood, the bids were referred to the City Engineer who is to check the bids for completeness and for responsibility of the bidder and report his findings to the Council at the next meeting to be held on June 18, 1959. Said motion was carried by a vote of three Ayes to two Noes (Councilmen McCarney and Arnold dissenting), Council-. -4- June 8, 1959 man Arnold stated that his reason for voting "No" was that it was not stated whether a bond or certified check accompanied each bid, PUBLIC INFORMATION BULLETIN At this time, the Chair recognized a Mr teckle, a Councilman from the City of Buena Park, who spoke on the subject of an infor- mation bulletin to be circulated County -wide, Mr. Steckle was informed that the matter would be discussed and that he could contact the City Manager for any further information regarding the City's participation in the proposed program. HUDSON VARIANCE APPLICATION The Deputy City Clerk presented use variance application No, UV - 135 of Harold V Hudson to permit the location of a single-family frame and stucco dwelling and detached garage (to be moved in) in the A-2 zone with less than the required building site and side and front yards. The Deputy City Clerk then read the recom- mendation of the Cypress Planning Commission Upon motion of Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, variance No. UV -135 was granted as requested. BAKER VARIANCE APPLICATION The Deputy City Clerk presented use variance application No. UV - 138 of Mrs, Ruth Baker to permit the establishment of a child care center (non -residence for children) on the former Church of the Nazarene property on Walker, south of Lincoln in the C-2 zone. The Deputy City Clerk then read the recommendations of the Cypress Planning Commission. Following discussion, upon motion of Council - mai Arnold, seconded by Councilman Baroldi and unanimously carried, UV -138 was granted as requested, with the following conditions• 1. That applicant comply with all State, County and local fire and other safety regulations, 2, That applicant dedicate to the City an area 40 feet from the centerline of Walker Street for the full width of the property for street widening purposes, -5- June 8, 1959 RACE TRL,CK ADMISSIONS TAX The Chair recognized Mr. John A. Beekman, representative of the Los Alamitos Race Course. Mr. Beekman presented and read a letter to the Council on the subject of the admissions tax at the Race Course. Councilman Baroldi moved, seconded by Councilman Arrowood and unanimously carried, that said letter be received and filed for information. LOS ALAiITOS COUNTRY CLUB VARIANCE APPLICATION The Deputy City Clerk presented use variance application No. UV- 139 of the Vessels Land and Development Company to permit the erection of a double-faced neon sign on the west side of the entrance to the golf course parking lot at 4961 Katella Street in an R -C zone. The Deputy City Clerk then stated that the Cypress Planning Commission had reccmmen_ded the granting of said variance as requested. Upon motion of Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, the Council gran_ ted UV -139 as requested. SOUSA Vi-RIANCE APPLICATION The Deputy City Clerk presented use variance application No. UV - 137 of Joseph P. Sousa to permit the expansion of the existing automobile salvage yard at 5042 Orange Avenue in the A-2 zone. The Deputy City Clerk then read the recommendation of the Cypress Planning Commission. Upon motion of Councilman Arnold, seconded by Councilman Baroldi and unanimously carried, UV -137 was granted as requested with the following conditions: 1. That applicant dedicate an area 40 feet from the centerline of Orange Avenue on the remaining width of his property along Orange Avenue on which dedica- tion has not heretofore been made. 2. That applicant construct a new eight -foot (8t) corru- gL.ted iron fence, all metal with metal posts, enclosing -6- June 8, 1959 the new addition to his yard and that it be maintained in a proper state of repair, 3. That applicant conform to all conditions of his pre- viously granted variance for an automobile salvage yard at this location namely, that there be no burn- ing on the premises, that there be no stock -piling of vehicles or other materials higher than the top of the surrounding fence, and that wrecked vehicles are not to be parked outside of the fenced area, 4. That said variance is granted for a period of five (5) years, expiring on June 8, 1964. CORDEIRO VARIANCE APPLICATION The Deputy City Clerk presented use variance application No. UV - 136 of Tony Cordeiro to permit the erection of four (4) hay barns with a five-foot (5') side yard in the A-2 zone at 4741 Orange Avenue. The Deputy City Clerk then read the recommendation of the Cypress Planning Commission. Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the variance was granted as requested with the following condi- tions. 1. That applicant install a sturdy, solid wood fence, consisting of 2" x 6" boards on the property line for the length of the fourth hay barn only (fourth barn from the street), 2. That the driveway, as indicated on the plot plan, be black -topped from the property line to the existing pavement on Orange Avenue in accordance with City and County standards and that a culvert be installed under said driveway in accordance with the specifica- tions of the City Engineer, 3. That applicant dedicate to the City for street widen- ing -purposes an area 40 feet from the centerline of -7- June 8, 1959 Orange Avenue for a distance of 50 feet along Orange Avenue from the west property line extending in front of said hay barns, side yard and driveway. GAS COMPANY ±HANCHISE ACCEPTANCE Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council accepted the written accept- ance by the Southern Counties Gas Company of the terms and condi- tions of Franchise Ordinance No. 58, said written acceptance being dated May 25, 1959 FIRE SERVICES C ONThAC T EXTENSION ON Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the Council authorized and instructed the proper City officials to execute a one-year extension of the present contract with the County of Orange for fire protection services. NO PARKING ORDINANCE, CITY S TTR ETS The Deputy City Clerk presented and read a proposed ordinance prohibiting the parking of automobiles upon the center section of Walker Street and Cerritos Avenue. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, said ordinance, No. 61, was introduced and passed on to second reading and final adoption. EXCAVATION ORDI NANC E The City Attorney presented Ordinance No. 60, controlling excava- tions in the City streets and requiring permits for same, for second reading and adoption. Councilman Arnold brought up the question of requiring bonds. The matter was temporarily tabled. REGISTER OF DEMANDS Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the Register of Demands for the month of June, 1959, was approved. AUDITOR COMPENSATION CHANGE Upon motion of Councilman Arrowood, seconded by Councilman McCarney June 8, 1959 -8- and unanimously carried, the Council authorized changing the method of paying the auditing firm of Diehl, Evans and Company from a set monthly fee to an hourly basis. EXCAVATION ORDINANCE, CONTINUATION The City Attorney read a revision of Ordinance No. 60 which in- cluded a clause requiring a cash or surety bond guaranteeing faithful performance of all work to be done on the City streets under the excavation permits. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the addi- tional clause was approved, It was moved by Councilman Baroldi, seconded by Councilman. Arnold and unanimously carried by the following roll call vote, that Ordinance No. 60 be and is hereby adopted as an urgency measure. AYES. Councilmen Arnold, Arrowood, Baroldi, NcCarney, and Van Dyke NOES None ABSENT. None TRUST AND AGENCIES FUND Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Council established a Trust and. Agencies Fund in the City's accounts for the deposit of funds to be held in trust by the City. SHUBIN SUIT REPORT The City Attorney reported to the Council on the outcome of the suit of Shubin vs. City of Cypress, seeking to enjoin the City from abandoning Denni Street between Lincoln and Crescent CITY ATTORNEY FEES The City Attorney stated that careful records had been kept on the amount of time the Deputy City Attorney was spending on pro- secutions for the police department and that it appeared that an adjustment upward in the amount of compensation was in order. It was decided that the matter would be taken up at a later date. -9- June 8, 1959 ADJOURNMENT There being no further business to come before the Council, upon motion of Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, the meeting was adjourned at 10.45 P. M. until June 18, 1959, at 7 30 P. M. -10- June 8, 1959