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1959-12-14MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS December 14) 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. Ms The Pledge of Allegiance to the Flag was led by Mayor Van Dyke. Councilmen present A E Arnold, W. J. Arrowood, T. A. Baroldi, M. G. McCarney, and J. Van Dyke Councilmen absent. None There being present in the City Hall a crowd larger than the Council Chamber could accomodate, it was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried,; that the meeting be recessed and reconvened in the Cypress Elementary School Auditorium at 5202 Lincoln Avenue Time 7 35 o'clock P. M. At 7.50 o'clock P. M. the meeting was again called to order by Mayor Van Dyke in the Cypress School Auditorium. INUTES It was .,.oved by Councilmen McCarney that the minutes of the Council meeting of November 12; 1959, be approved with the following correction- That the word "qualification", be changed to "eligibility" in his statements on page 1 and on page 5. Said motion was seconded by Councilman Arnold and unanimously carried, COUNCILMAN ARROWOOD HEARING Mayor Van Dyke asked the Deputy City Clerk to read the excerpt of the minutes of the last regular Council meeting on the eligi- bility of Councilman Arrowood Thereupon, the Deputy City Clerk did read said excerpt of the minutes. The Deputy City Clerk stated that the City Clerk's office had received several state- ments on the subject, only one of which was in affidavit form. The City Attorney stated that it was his opinion, based on his interpretation of the law as it now stands, that the problem be- fore the Council was to determine the eligibility of Councilman -1- December 14, 1959 Arrowood at the time of his assuming office. The City Attorney stated that a Mrs, Anna Shubin had filad with the State Attorney General's office for permission to institute a quo warranto suit against Councilman Arrowood. He stated that the necessary docu- ments for the opposition to the suit must ba filed with the Attorney General's office by December 21st and that he had most of the work done on said documents. The Deputy City Clerk then presented and read an affidavit of Walter J, Arrowood. He then stated that no affidavits had been filed in opposition to Council- man Arrowood's contention of eligibility. The Mayor then asked if anyone wished to file an affidavit at this time. No one answered. Thereupon, it was moved by Councilman Baroldi, seconded by Councilman Arrowood, that the hearing be closed. Said motion was unanimously carried on a roll call vote. Councilman McCarney asked what financial responsibility the City has in any further litigation that might be involved in this matter. The City Attorney stated that anything that involves any of the City officials in their official capacity is a City problem. At this point a Mr. Raymond Vincent, attorney for Mrs, Anna Shubin, asked permission to speak. There followed a lengthy argument between Mr. Vincent and the City Attorney regarding the City Attorney's interpretations of the laws regarding this matter. Mayor Van Dyke stated that he had written a letter to the Attorney General's office, asking about the statutes on such a question. The Attorney General's answer was that it was up to the City to determine the Councilman's eligibility The City Attorney recommended that the Council adopt a resolution stating that pursuant to the hearing, Councilman Arrowood's eligibility at the time of assuming office had been established, It was moved by Councilman Baroldi and seconded by Mayor Van Dyke that said resolution, No. 103, be adopted Council- man Arnold stated that he did not believe that the City Council should act on any qualifications of a Councilman who has held -2- December 14, 1959 office for two years, that it is up to the citizens and the pending lawsuit to determine whether the Councilman is eligible. Resolution No. 103 was unanimously adopted by voice vote. DR DAMRON ZONE CHANGE HEARING The Deputy City Clerk presented for public hearing as noticed the rezoning application No. 4 of Dr. Milton H. Damron to reclassify the acreage in the front and rear of 9821 South Walker Street, Cypress, from A-2 to C-2 and R-3. He then read the Cypress Plan- ning Commission recommendation on said zone change request. He then presented and read a letter of protest signed by Pete Gorzman, a dairyman who owns the property on the northeast corner of Ball and Wacker. He presented a petition signed by ten property owners in the immediate area surrounding the property in question. Said petition protested the granting of the requested zone change, The Deputy City Clerk read the names of tho signers of said peti- tion. The Deputy City Clerk presented two other petitions in favor of the proposed zone change, One of said petitions con- tained approximately 54 names, the other, approximately 100 names. The Deputy City Clerk, upon request, read the statement on the petition He affirmed that both petitions were identical as to the statement, Upon request, the petition against the rezoning was read. Dr, Milton H. Damron, the applicant, stated that he wished to submit a plot plan showing the placement of a proposed medical facility in the proposed C-2 zone. Dr Damron stated that he planned to construct and develop a large medical facility and needed the proposed multiple unit development to house person- nel who would be connected with the medical facility. During his speech; there was projected on a screen a copy of an advertisement showing campaign promises of certain Councilmen who were running for office at the time of incorporation. Planning Commissioner Mark Wright rose from the audience and stated that the Planning Commission did not act on a hospital, that there was nothing in _3_ December 14, 1959 in the application as presented to the Planning Commission per- taining to a hospital; that the Planning Commission had acted on a request to change the zoning to C-2 and 1H-3 The City Attorney stated that under the City's zoning ordinance, a hospital is not allowed in the C-2 zone, that a hospital is specifically allowed in the 11--3 zone. There followed discussion as to who had a legal right to be heard Councilman Arnold stated that he thought that anyone in the City should be heard.. Councilman M cCarney supported Councilman Arnold. It was agreed that anyone who resided within the City would be heard. William D. Shubin, 4016 Orange Avenue stated, as chairman of the Citizens Committee, that they were in favor of Dr. Damron's hospital Mark Wright, 6122 Lincoln Avenue, stated that what was being acted upon was strictly a zone change and once it was granted, the appli- cant could change his mind and put in anything he wished. Willard Davidson, 9371 Walker Street, asked whether Councilman Arrowood was eligible to vote and was declared out of order, James Duncan, 9582 Walker Street, stated that he was in favor of a hospital. Howard Tatro, 5616 Newman Street, stated that petitions containing 150 to 170 names had been presented to the Council, telling them that they wanted a hospital Arthur 141 Collins stated that he was in favor of the hospital and necessary housing. Mrs Krummet, Karen Avenue, stated that she was in favor• of the hospital. Mrs Bernice Brown, of Covina, read a statement to the effect that she had no objection to the pr000sed development. Carl Trautman, 9761 Wacker Street, stated that he was in favor of the hospital. Calvin Meekhof, 9731 Walker Street, stated that he was not against the C-2 zone or the hospital, but was against the R-3 zone. Pat Tatro, 5616 Newman Street, spoke in favor of the proposed zoning. -4- December 14, 1959 Pete Gorzman, 9922 Walker Street, stated that he was in favor of a hospital but against the R-3 zone. Mrs. Van Hunnick, Miller Street, asked about the amount of acreage and was told that it was about 14 acres.. At this point the City Attorney stated that Dr, Damron did not have a request before the Council for a hospital or for apartment houses. The City Attorney then read from the zoning ordinance the allowable uses in the C-2 and 3-3 zones Mayor Van Dyke asked Dr. Damron_ if he owned the property, Dr Damron asnwered that he did. Councilman Baroldi asked what would happen if the zoning were granted at this time and Dr. Damron were to die tomorrow or were to sell tomorrow. Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the public hearing was closed. It was moved by Councilman McCarney and seconded by Councilman Arnold that the zone change be granted. Councilman Baroldi stated that he would like to see the hospital come in under a variance because apartments bounded on three sides by dairies would not work, Mayor Van Dyke stated that evidence was present which showed that Councilman Arnold was an owner of most of the property in question, A title report obtained from the Orange County Title Company, show- ing that on November 13, 1959, Mr, A, E. Arnold and Mr. Robert Wetzler became owners of this property, was presented and passed around the man Arnold bought the Dr. Damron Council table for inspection, Upon questioning, Council - stated that he and his partner, Mr Robert Wetzler, had property from an estate and were selling the property to on a contract He stated that he and his partner still hold the deed to the property. Councilman Arrowood stated that it would appear that Dr, Damron had filed a request for a zone change on property he did not own. It was pointed out by the City -5- December 14, 1959 Attorney that only an owner or• an agent acting with the written permission of the owner could file such an application The City Attorney stated that the Council might raise a question as to Councilman Arnold's eligibility to vote on the application Mayor Van Dyke stated that he would like to see the hospital come in under a variance rather than a zone change, The motion to grant the rezoning request failed by the following roll call vote AYES: Councilmen Arnold and McCarney NOES Councilmen Arrowood, Baroldi, and Van Dyke ABSENT None CITY HALL SIGN VARIANCE The Deputy City Clerk presented the sign variance application No. SV --1 of Edith Day Gersh and the City of Cypress to permit the erection of a double-faced "City Hall" sign in front of the City Hall. Upon motion of Councilman Arnold, seconded by Council- man Baroldi and unanimously carried, said application was granted as requested. WICKER CONDITIONAL PERMIT APPLICATION The Deputy City Clerk presented conditional permit application No, C-107 of C. L. Wicker for permission to erect a retail ice cream store and a retail poultry store with 30' setback in the C-2 zone on Lincoln Avenue, The Deputy City Clerk then read the recommendation of the Cypress _Planning Commission Upon motion of Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the Council granted the application with the following conditions 1. That a paved area (PMS) for off-street parking be pro- vided 125 feet deep and for the full width of the property fronting along Lincoln Avenue (132'), 2. That the proposed retail poultry store be set back 41 feet from the front property line, -6- December 14, 1959 3. That sidewalks and curbs be provided according to State regulations for the full width of the property HAATSON SIGN VARIANCE It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried to refer to the Planning Commission for study and recommendation the matter of changing the front yard set back on the C-2 zones in the City. The Deputy City Clerk presented the sign variance application No. SV -2 of E. W. Hartson and Walter J Arrowood to permit the erection of a large double-faced sign advertising Mr. Hartson's business in the C-2 zone on Lincoln Avenue Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, the Council granted said application as requested. GONZALES CONDITIONAL PERMIT APPLICATION The Deputy City Clerk stated that this application, No C-106 of John and Soledad Gonzales to permit the erection of two houses in the R -L!- zone with less than the required area, had been re- turned to the Council for a report by the City Engineer on Wicker Drive. Following the City Engineer's report and considerable discussion, it was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that conditional permit application No. C-106 be granted with the condition that the applicants present to the City a quit claim dedication of easement for street purposes on that portion of Wicker Drive in which applicants have an interest to a width of easement not to exceed 30 feet along the front of applicants' property CITY MASTER PLAN OF HIGHWAYS The Deputy City Clerk read the Cypress Planning Commission re- commendations on the proposed master plan of highways for the City of Cypress. The City Attorney presented and read a resolu- tion approving the master plan of arterial highways for the City of Cypress as presented on a map prepared by the City Engineer. -7- December 14, 1959 Upon motion of Councilman Arnold, seconded by Councilman McCarney and unanimously carried, said resolution, No. 102, was adopted. It was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that the Cypress Planning Commission make a study of Wicker Drive to determine whether there are any means of exit to the west and study the drainage in that area. COUNTY ROAD DEPARTMENT CONTRACT The Deputy City Clerk presented and read an amendment to the Cityts contract with the County Road Department. Upon motion of Council- man Arnold, seconded by Councilman Baroldi and unanimously carried on a roll call vote, the amendment to the contract was approved and the proper City officials were authorized to sign the contract. APPOINTMENT OF DEPUTY CITY ATTORNEY It was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that Herbert W. Walker be appointed as Deputy City Attorney to replace Richard Barker who has gone into private practice. MILBOURN STREET DEDICATION ACCEPTANCE The Deputy City Clerk presented an easement deed from Gerald and Violet Milbourn in compliance with the condition of applicants' conditional permit No. C--105. Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the easement deed was accepted and the proper City officials were instructed to effect the recordation of said deed. MOSQUITO ABATEMENT DISTRICT BOARD REPRESENTATIVE Upon motion of Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, Councilman Arnold was reappointed to the Orange County Mosquito Abatement District Board as the City's representative,. ORANGE COUNTY -LOS ANGELES COUNTY METROPOLITAN AREA The Deputy City Clerk presented a resolution adopted by the Orange County Board of Supervisors requesting that Orange County be included -8- December 14, 1959 with Los Angeles County in a metropolitan area until such time as the County of Orange can meet the requirements for its own metro- politan area. It was moved by Councilman Baroldi, seconded by Councilman Arnold and unanimously carried, that the Council endorse the request of the Orange County Board of Supervisors. ENGINEERING AND STREET LAYOUT COSTS Following discussion as to who was to pay for the costs of grades, staking and curb and gutter layout work done by the City Engineer for property owners who are having the street improvements made, it was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that an urgency ordinance requiring property owners to pay for such work be prepared by the City Attorney and presented at the next Council meeting. ORDINANCE 916 DISCUSSION Due to the lateness of the hour, REGISTER OF DEMANDS It was moved by Councilman this matter was tabled. Baroldi, seconded by Councilman the Arrowood and unanimously carried, that the Register of Demands for the month of December, 1959, be approved as submitted. RAISES FOR POLICE OFFICERS It was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that pay raises of p20.00 per month are authorized for all police officers, other than the Chief, who have been with the City for one year. The raises are to be effective January 1, 1960. MIJIF.R STREET RECONSTRUCTION The City Engineer reported on the amount of work necessary and the approximate costs to the City of reconstruction of Miller Street from Orange to Cerritos. Following discussion, it was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that Miller Street from Orange to Cerritos be reconstructed -9- December 14, 1959 with 6 -inch URB and 3 -inch PMS and that the City borrow funds for this project, if necessary. Due to the fact that it is urgent that the street be repaired prior to the rainy season, advertising for bids other than accept- ance of informal bids will be dispensed with. M ISCELLANEOUS The Deputy City Clerk stated that the Post Office Department had chosen two sites, on one of which would be located a new post office building, and had requested the approval of the City Council of these locations. The two sites are the southeast corner and the southwest corner of Bishop and Walker. Upon motion of Council- man Arnold., seconded by Councilman McCarney and unanimously carried, the Council approved the location for the new Cypress Post Office at either the southeast or southwest corner of Bishop and Walker Streets. ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that the meeting be adjourned at 11.15 P. M. until the next regular meeting. ATTEST 4.-20 tin ooni, City Clerk -10- December 14, 1959 o van iJyke,jMayor