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1959-10-13MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS October 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 Councilman Baroldi. The meeting was held on this date because the second Monday, the regular meeting date, was a legal holiday. Councilmen present. A. E. Arnold (who came in late), 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, and City Attorney Howell MINUTES Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the minutes of the meeting of September 4, 1959, were approved as submitted. Upon motion of Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, Items 5, 6, and 7 on the Agenda were de- layed until 8 30 P. M. in order that Councilman Arnold might be present when these matters were discussed. SPYKSMA ZONE CHANGE ORDINANCE ADOPTION The City Attorney presented and read Ordinance No. 69, authorizing the change in zone from A-2 to C-2 of a three -acre parcel at the Northwest corner of Juanita Street and Ball Road. Upon motion of Councilman Baroldi, seconded by Councilman McCarney, said Ordinance No. 69 was passed and adopted as an urgency measure by the following roll call vote AYES Councilmen Arrowood, Baroldi, McCarney, and Van Dyke NOES. None ABSENT Councilman Arnold SPEED LIMIT ORDINANCE ADOPTION The Deputy City Clerk presented Ordinance No. 68, designating the -1- October 13, 1959 speed limit for certain streets in the City, for second reading and final adoption, It was moved by Councilman Arrowood, seconded by Councilman Baroldi 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 McCarney, seconded by Councilman Arrowood, Ordinance No, 68 was passed and adopted by the following roll call vote: AYES Councilmen Arrowood, Baroldi, McCarney, and Van Dyke NOES* None ABSENT Councilman Arnold COUNTY ORDINANCE 916, DISCUSSION It was moved by Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, that this matter be held over until after 8.30 P. M. B0UNDARY LINE, LINCOLN AVENUE, REPORT The City Engineerts assistant, Mr, Ray Mercado, presented and di s - cussed drawings of Lincoln Avenue as received from the State Division of Highways. It was his suggestion that, in the future, setbacks on Lincoln Avenue be described by using the term, "So many feet South of the Southerly right-of-way line," or "So many feet North of the Northerly right-of-way line";; It was moved by Councilman Baroldi that the Engineerts report be received and filed and that the report be referred to the Planning Commission for study and recommendations which motion was seconded by Councilman Arrowood and unanimously carried, SUMNER PLACE. -CRESCENT AVENUE SI`T'UATION REPORT The City Attorney reported on progress being made on negotiations with Forest Lawn on Sumner Place and Crescent Avenue improvement. Following discussion, it was decided that the full Council should be present at the next conference and that a special meeting should be called when the time and place has been decided. -2- October 13, 1959 APPOINTMENT OF ASSISTANT CITY ENGINEERS Upon motion of Councilman Baroldi, seconded by Councilman Arrowood, and unanimously carried, Mr. Ray Mercado and Mr. George Brown were appointed as Assistant City Engineer, MAIONI DEDICATION ACCEPTANCE The Deputy Clerk presented a grant deed from Philip and Harriet Maioni for street widening purposes as required by Conditional Permit No. C-101, Upon motion of Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, said easement was accepted and the proper City officials were instructed to effect the recordation of said deed. ACCEPTANCE OF STREET CONSTRUCTION The Deputy Clerk stated that Norwalk Asphaltic Concrete, Inc, had completed their street construction work to the satisfaction of the City Engineer's office and that the City Engineer recommended making a partial payment to said company. A Mr. Duncan complained about the condition of the shoulder on the West side of Walker Street, During the discussion of the complaint, Councilman Arnold arrived at 8 15 P. M. It was moved by Councilman Arnold, seconded by Council- man Arrowood and unanimously carried, that said partial payment be made to Norwalk Asphaltic Concrete, Inc, It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that the City Engineer investigate the driveway problems along the reconstructed portions of the streets, survey for costs and methods of shaping them up and report back to the Council at the next meeting. STATE STREET DEFICIENCY REPORT REQUEST The Deputy Clerk presented a letter from the State Department of Public Works requesting from the City a street deficiency report to be made not later than May 1, 1960. Upon motion of Councilman Arnold, seconded by Councilman Baroldi and unanimously carried, the City Engineer was authorized to prepare and submit said report on behalf of the City as requested by the State. -3- October 13, 1959 NOTIFICATION TO CITY OF NEW STRUCTURES It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that the City Council, City of Cypress, hereby requests of the Orange County Building Department that they notify in writing the City Manager of the City of Cypress of each permit issued by the Department for construction of any structure within the City of Cypress in order that the City may check on any driveway, culvert, or similar problems affecting the property on which the new construction is contemplated. It is further requested that the use and occupancy of any such structure shall not be given by the Department until such time as they receive in writing from the City of Cypress notification that there are either no problems as listed above or that such problems have been properly solved to the satisfaction of the City of Cypress. REGISTER OF DEMANDS Upon motion of Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, the Register of Demands for October was approved as submitted. The Deputy Clerk presented a bill from the Orange County Road Department for street maintenance and construction for the month of September in the amount of $1,047.01. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, payment of said bill was approved. DURON CONDITIONAL PERMIT APPLICATION The Deputy Clerk presented conditional permit application No. C-103 of Guillermo A. and Petra H. Duron to permit the erection of a single family dwelling in a C-2 zone. He then read the recommendation of the Cypress Planning Commission It was moved by Councilman McCarney, seconded by Councilman Arrowood and un n imously carried, that said conditional permit be granted with the following conditions. 1. That there be a minimum of ten feet between the existing house to the West, and the proposed structure, -4- October 13, 1959 2. That there be a minimum five-foot side yard on the West side of the proposed dwelling, foot 3 That there be a twenty-five/six inch (25! 6") front yard setback from the front property line. VAN AUI TEN CONDITIONAL PEREIT T APPLICATION The Deputy Clerk presented conditional permit application No. C-104 of Pete Van Austen to permit the construction of an 18 -hole pitch and putt golf course, miniature golf course and golf driving range with club house in the C-2 and A-2 zones. He then read the recommendation of the Cypress Planning Commission. Following dis- cussion, it was roved by Councilman Baroldi, seconded by Councilman Arnold and unanimously carried, that said application be granted with the following conditions 1. That driveways on Lincoln Avenue be constructed in accordance with the rules and regulations of the State Division of Highways, 2. That any and all outdoor lighting apparatus be so constructed, directed, and shielded so as not to oast direct beams of light on any adjacent property not owned by the applicant; 3. That adequate adult supervision be maintained on the premises at all times when opened to the public in order to handle and control the persons on the premises, 4. That a five-foot (5' high, woven wire fence be erected completely surrounding all operations on the property with the exception of that portion facing Lincoln Avenue, 5. That applicant install four -foot wide sidewalks along the front of his property facing Lincoln Avenue, 6. That applicant dedicate to the City on Bloomfield Avenue for street widening purposes a minimum of October 13, 1959 40 feet from the center line plus an area suffi- cient for a l* to 1 foot street slope where appli- cant's property borders on Bloomfield Avenue, 7. That applicant post a bond or cash in an amount to be determined by the City Engineer for construction? at the time of street improvement* of curbs and gutters along Bloomfield Avenue where applicant's property borders on said street. VAN HUMINICK VARIANCE AMENDMENT Assistant City Engineer Mercado presented a drawing showing the Engineer's findings with regard to this variance. Following discussion, it was moved by Councilman McCarney that a temporary variance be granted for one year, which motion failed for lack of a second. It was moved by Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, that UV-134 be amended in the following manner* 1. That Condition 4 be eliminated, 2. That Condition 1 be amended to read "120 feet" in place of "150 feet" and the words "or cash" be inserted immediately following the word "bond," 3. That Condition 2 be amended to read "120 feet," 4. That Condition 6 be added, which shall read as fol- lows: That applicants be granted an encroachment permit to maintain the existing sign advertising the business in its present position of 31 feet from the center line of Miller Street and 67 feet South of the North property line until the street is widened, COUNTY ORDINANCE 916, DISCUSSION The Deputy Clerk presented Orange County Ordinance 916 governing commercial and industrial developments. It was pointed out by October 13, 1959 the City Attorney that Ordinance No. 51 of the City of Cypress was identical except for the requirement of ornamental street lighting Upon motion of Councilman Arnold, seconded by Council- man Arrowood and unanimously carried, the matter was tabled. REMOVAL OF PALM TREES, MILLER STRFFT The Deputy Clerk stated that a request had been received from the George Dakovich Company for permission to remove palm trees along Miller Street to facilitate installation of the sewer trunk line. The Deputy Clerk presented a letter signed by three pro- perty owners stating that they had no objection to said removal and absolving the City from damages which might arise from such removal. Upon motion of Councilman McCarney, seconded by Council- man Arrowood, the Council granted permission to remove said palm trees with the condition that the remover agree in writing with the City to re-establish the street right-of-way as it was before. Said motion was carried by a vote of three Ayes to one No (Councilman Arnold dissenting). POLICE CAE REPLACEMENT QUESTION Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the Chief of Police was authorized to negotiate for a new line car for the Cypress Police Department. DAMAGE CLAIM, BICYCLE ACCIDENT The Deputy Clerk reported that two claims by Christopher P. Willeford and Robert E. Willeford for damages in the amount of $3,558.00 had been filed against the City as the result of a bicycle accident involving two boys which happened at the corner of Danny Street and Walker Street, outside the City limits. It was moved by Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, that said. claims be received and referred to the Cityts insurance carrier. October 13, 1959 -7-, HORSES ALONG P. E. TRACKS The Deputy Clerk reported little progress in halting the dust nuisance created by horseback riders along the Pacific Electric tracks immediately East of the City. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the City Manager was authorized to contact the City Manager of the City of Anaheim for assistance in removing the nuisance. RAILROAD RIGHT-OF-WAY WEEDS Councilman Arrowood reported that the Pacific Electric right-of- way from Juanita Street East was badly overgrown with weeds. The City Manager was instructed to check on the situation. NEWMAN AND NELSON RECONSTRiUCTION Assistant City Engineer Brown reported that the order for work to begin on Newman and Nelson Streets would be given about the first of the following week. AUDIENCE PARTICIPATION A Mr. Shubin wanted to know why Denni Road had not been paved. He was told by the City Manager that the reason was a financial one and that the street is scheduled to be taken care of next fiscal year. Mr. Shubin then asked if the City could give him any information about the sewer line which is scheduled to be installed along Denni Road. Councilman Baroldi reported that it would be about a year before that line would be installed. It was pointed out that the sewer line was another reason for delay- ing the work on Denni Road. A Mr. Duncan asked if the City planned to improve by adding lines on the shoulder of Walker Street so that school children would not walk in the street. It was the City Attorney's recommenda- tion that, unless the City is in a position to build the street to what would be considered a standard cross section, that the City should do nothing at all because of liability. Mr. Duncan also complained of dust on Walker Street. -8- October 13, 1959 ADJOURNMENT There being no further business to come before the Council at this time, upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the meeting was adjourned at 10.35 o'clock P M. until the next regular meeting. ATTEST. 4,44- Mart n Olsthoorn, City 6 erk October 13, 1959 �9- acob Van Dyke Mayor