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1960-06-13MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS June 13, 1960 A regular meeting of the City Council of the City of Cypress was called to order by Mayor Baroldi in the City Hal, 9352 Walker Street, at 7 30 o'clock P M. The Pledge of Allegiance to the Flag was led by Councilman McCarney. Councilmen present Councilmen absent W. J. Arrowood, T. A. Baroldi, J. J Denni, M G McCarney, and J. Van Dyke N one City officials present City Clerk Olsthoorn, City Manager -Deputy City Clerk Wesenberg, City Attorney Howell, and City Engineer Toups Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the meeting was adjourned to the Cypress Elementary School Auditorium at 5202 Lincoln Avenue, Cypress. Time of adjournment' 7.45 P. M. At 8 00 o'clock P. M. the meeting was reconvened by Mayor Baroldi in the Cypress Elementary School Auditorium. McCARNEY RECALL PETITIONS The City Clerk stated that his report on the status of the peti- tions for the recall of Councilman McCarney had been filed and that said report showed that the petitions were insufficient. MINUTES Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood :-nd unanimously carried, the minutes of the meeting of April 11, 1960, were approved as submitted. Upon motion of Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of April 19, 1960, were approved as submitted. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, that the minutes show that the City Clerk has signed the report on the recall petitions on Councilman McCarney and that the report shows that the signatures on the petitions are insufficient. Upon motion of Councilman Arrowood, seconded by Councilman Denni and -1- June 13, 1960 unanimously carried, the minutes of the meeting of May 9, 1960, were approved as submitted. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the minutes of the meeting of May 19, 1960, were approved as submitted. STANDARD DEVELOPMENT ZONE CHANGE REQUEST PUBLIC HEARING Mayor Baroldi stated that this is the time and place scheduled for the public hearing on rezoning application No. 6,(use variance No. UV -142, and conditional permit No. C-115, )of Standard Development Corporation to rezone approximately 400 acres presently zoned A-2 and M-1 to R-1 and C-2. Said area is bounded on the west by Bloomfield, on the south by Cerritos, on the north by Bali and on the east by a line 660 feet east of Walker Councilman Van Dyke requested that the recommendation of the Planning Commission be read. The Deputy City Clerk thereupon read Cypress Planning Com- mission Resolution No 9 recommending denial of the variance application of Standard Development Corporation. There followed a period of discussion. of said resolution by the Council and the City Attorney. At the request of Councilmen Van Dyke and McCarney, the Deputy City Clerk read Cypress Planning Commission Resolution No. 8 recommending denial of the zone change request and the condi- tional permit request of Standard Development Corporation. There followed further discussion of the two resolutions by the Council. Mayor Baroldi recognized Robert S Barnes, attorney, who represented Standard Development Corporation and Stern Bros., owners of part of the property. Mr. Barnes presented a letter and the transcript of the two hearings before the Cypress Planning Commission which he requested should be considered a part of the record. He stated that he had witnesses present who were available to answer any questions the Council might wish to ask. Mr. Barnes stated that this is the first time to his knowledge that there has been any question raised as to the sufficiency of the map. He stated, -2- June 13, 1960 "We have to date heard no question about the sufficiency of the legal description, contours or anything. It is a complete surprise to us " Mr. Barnes then called a Mr. Harold Stern. Mr. Stern's statement was to the effect that the N-1 zoning on his property was impractical. During the questioning, Mr. Stern stated that the land had been bought by their family in the 1930ts. Mr. Barnes then called Mr. Eugene Stern, another of the owners of the land being discussed. Mr. Stern submitted figures on taxes and rentals for the land in question. He stated th t the taxes were now so high that it was impossible to obtain sufficient rent from an agricultural usage. Mr. Walter C Kuppens spoke in favor of granting the zone change. Mr, Barnes then c:lled a Nr. Richard A. Franks who stated that he was a public accountant in Artesia and that he had done business for dairies in that area. Mr. Franks quoted figures purporting to show that dairy operations, particularly in Dairy Valley, are moving to other areas where the land values are less. There followed a discussion between Councilman YcCarney, Council- man Arrowood and Mr. Barnes as to the feasibility of developing the Stern property for M-1 as far as obtaining access to railroad tracks was concerned. Councilman Arrowood stated that he would like to have more time to study the matter to determine whether M-1 was the best use and, if rot, what w uld be the best use. Councilman Denni stated that our goal is to form a balanced city with a place for industry and housing. He stated that he felt that the Council should take the matter up for further consideration. Mayor Baroldi recognized City Treasurer Leal. Mr. Leal asked Mr Stern how long ago the Stern family had bought the land. Mr. Stern answered that some of it was bought in 1909 or 1910. Mr. Leal then asked if it were not a fact that the land was pur- chased as an investment with no intention of developing anything in the community lir. Stern answered that such was the case. -3- June 13, 1960 There followed discussion between Councilman Van Dyke and Mr. Barnes as to what control the City would have over the develop- ment of the area if the zone change were granted. During the discussion, Mr. Earnes stated that he felt thLt the issue to be decided at this hearing was whether the procerty owners are suffering a hardship from the present zoning. Mayor Baroldi asked how much of the preceding testimony and dis- cussion was in the transcripts of the hearings before the Cypress Planning Commission. Mr. Barnes stated that all of it was in the transcripts and that he would be happy to make copies of the trans- cripts available for the Council to study Mayor Baroldi stated that he thought that the Council should study these transcripts first and go on from there. On the request of Councilman Dennis a letter addressed to the City Council, dated June 13, 1960, and submitted by Robert S. Barnes, was read. It was moved by Councilman Arrowood, seconded by Councilman Denni and unanimously carried, that said letter be received and filed. Mr. Barnes then called Mr. Gibson, a representative of 6tandard Development Corporation, who stated that they had never been con- tacted in regard to a map which would qualify, and that they stood ready and willing to submit any and all data required. City Attorney Howell reminded Mr. Gibson of a meeting in the Cypress City Hall between representatives of the City and Standard Development Corporation at which time there was extensive discus- sion concerning the necessity of presenting detailed maps for the use variance, but that Standard Development did not wish to pre- sent them in advance. There followed discussion between Mr Gibson, Mr. Barnes and Mr. Howell as to the inadequacy of the map which was presented. A Mr•. Bill Davidson stated from the audience that he would like to find out where they came up with the figure of 6,000 square -4- June 13, 1960 feet per lot. The answer was that it was on the map. Mr. Gibson then asked for a statement from the City (1) that the City favored the zone change and (2) that the City state what it wants on the property. He requested that the matter be closed and placed under submission for study by the Council. Mr. Calvin Meekhof, 9731 South Walker Street, Cypress, spoke in opposition to the granting of the application. He suggested that the matter be held in abeyance until a master plan is developed. Mrs, Pat Tatro stated that she was speaking for herself and that she was in favor of granting the zoning change.. Mr. Barnes then called a Mr. Gallagher who stated that he was an appraiser. Mr. Gallagher quoted figures from a report prepared by the Stanford Research Institute showing the percentages of land zoned for industry by various cities in the state. These figures purported to show that the City of Cypress had zoned too large a percentage of its area for industry. f He also dwelt at some length on the taxes and the assessed valuation of the land He estimated that, based on the taxes, a minimum figure for the Stern Bros. land would be $9,600.00 per acre and for the Harada Bros. land, $4,950.00 per acre In summing up, Mr. Barnes stated that he felt that the record and the evidence showed that there is no demand now or in the foresee- able future for the uses permitted on the land in question and that such a situation was not realistic, right or equitable. He asked that the Council take the matter under submission. Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the public hearing was continued until the next regular Council meeting. Thereupon, Mayor Baroldi called for a short recess. The time was 10 00 o'clock P M. The meeting was again called to order by Mayor Baroldi at 10.15 o'clock P M. WEED ABATEMENT HEARING The Deputy City Clerk stated that this was the time established -5- June 13, 1960 for the public hearing on the posting of weed abatement notices in the City of Cypress. He asked if there was anyone present who objected to the posting of the weed abatement notices in the City of Cypress. There was no response from the audience Two Councilmen had questions for the City Manager. Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood and unani- mously carried, the public hearing was declared closed. WEED ABATEMENT RESOLUTION The Deputy City Clerk presented Resolution No. 113 giving notice to proceed with weed abatement and read the title of said Resolu- tion. Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, Resolution No. 113 was adopted. APPOINTMENT OF CITY CLERK Mayor Baroldi stated that the City Council had concurred in the appointment of Miss Shirley M. Gordon as City Clerk to succeed Mr. Martin Olsthoorn who has resigned. Miss Gordon stated that she would accept the appointment. Upon motion of Councilman Arrowood, seconded by Councilman Vaa Dyke and unanimously carried, the Council confirmed the appointment of Miss Gordon as City Clerk of the City of Cypress. RENEWAL OF COUNTY SErRVICE CONTRACT The Deputy City Clerk presented an agreement between the County of Orange and the City of Cypress for renewal of County services for road maintenance, building department services and Fire department services. Upon motion of Councilman Van Dyke, seconded by Council- man Arrowood and unanimously carried, the Council authorized the proper City officials to execute said agreement. REGISTER OF DEI.',ANDS The Deputy City Clerk presented copies of the Register of Demands for study by the Councilmen. Councilman Arrowood suggested that check No. 1713 to former City Engineer Neff be resubmitted at a later date so that the Council may have an opportunity to examine the invoices. Upon motion of Councilman McCarney, seconded by -6. June 13, 1960 Councilman Arrowood and unanimously carried, the Council approved the Register of Demands for the month of June with the exception of check No. 1713 to Nat Neff Engineering Company. ENGINEER'S REPORT, TUINHOUT CONDI TI ONAL PERMIT City Engineer Toups presented his prepared estimate of the cost of improving the extension of Miller Street through the Tuinhout property to normal standards. Following discussion, it was moved by Councilman Van Dyke, seconded by Councilman Arrowood and unani- mously carried, that the City Engineer's report be received by the Council. FLY ORDINANCE PETITION The Deputy City Clerk presented a petition requesting that the City Council enact an ordinance enabling the County Health De- partment to inspect the chicken ranches and dairies in the City of Cypress for flies. The Deputy City Clerk stated that most of the signatures are from the City of Buena Park. A Mr. Gene Anders of the Merrysville tract in Buena Park stated that they are imme- diately adjacent to Cypress and that they have a bad fly problem. They ask that the Health Department be permitted on Cypress pro- perties to see that the County health regulations are obeyed. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, that the petition be received and filed, Mr. Mark Wright, a chicken rancher on Lincoln Avenue, was asked whether his property was being inspected by the Health Department. Mr. Wright stated that they have been inspecting his property for the last four or five years, Mr. Wright stated that he did not know of a rancher who had failed to work with the inspectors. Mr. Howard Tatro stated that he had talked with Mr. Frisby, a County Health Officer, who is very anxious for the City to adopt the County fly ordinance. Mr. Pete Gorzeman questioned whether, because of this fly problem, it was good planning to consider the bringing of several thousand homes into the City at this time. -7- June 13, 1960 Councilman Denni stated that the ranchers are making every effort to control the flies; that this is a transition period. Mr. Calvin Meekhof stated that the City of Anaheim had adopted the County fly ordinance and the ranchers in that city were finding it almost impossible to live with it. Mr. C. S, Price stated that he lived in the district east of the City of Cypress and that he had been told by the County Health officer that there is very little they can do to abate the fly nuisance until the City of Cypress passes an ordinance. CERRITOS AVENUE RIGHT-OF-WAY RESOLUTION Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, Resolution No. 117, certifying the suffi- ciency of the right-of-way on Cerritos Avenue for reconstruction purposes, was adopted. CERRITOS AVENUE CONSTRUCTION ORDINUICE The City Attorney presented and read Ordinance No. 71 declaring Cerritos Avenue to be a County highway for construction purposes. Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried by the following roll call vote, Ordinance No 71 was introduced and passed and adopted as an urgency measure. AYES Councilmen Arrowood, Baroldi, Denni McCarney and Van Dyke NOES None ABSENT None AUDIENCE PARTICIPATION Mr. Howard Tatro asked how long the temporary appointment of Mr. Beekman to the Planning Commission was going to continue. Mayor Baroldi stated that he felt that Mr, Beekman should remain Chairman of the Planning Commission until the Standard Development question was settled. The City Attorney stated that Mr, Beekman was serving at the pleasure of the City Council and that it was a matter for the Council to decide. Mr. William D Shubin stated that he had submitted several letters June 13, 1960 -8- on the traffic signal question to Councilman Denni. He asked that these letters be read. Thereupon, Councilman Denni read several letters to the State Division of Highways and the answers received by members of the Citizens Committee. The City Manager reported on the status of the City's request for lights at Lincoln and Walker and Lincoln and Miller. Mayor Baroldi requested that the City Manager provide the Councilmen with copies of all corres- pondence on said subject. ADJOURNMENT There being no further business to come before the Council at this time, upon motion of Councilman Van Dyke, seconded by Council- man Arrowood and un ninously carried, the meeting was adjourned at 11 15 o'clock P. M. until Wednesday evening, June 15, 1960, at 8 15 o'clock P M. ocie Thomas A Baroldi, Mayor ATTEST. Martin Olsth orn, ityulerk June 13, 1960 NOTICE OF ADJOURNMENT OF MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS NOTICE IS HEREBY GIVEN that at the regular meeting of the City Council of the City of Cypress held on June 13, 1960, the meeting was duly adjourned to 8:15 P. M. on Wednesday, June 15, 1960, at the Council Chambers of said City Council in the City Hall of said City. Dated June 14, 1960 Deputy City Clerk of the City of Cypress June 15, 1960 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF CYPRESS AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT OF MEETING BURTON WESENBERG, being first duly sworn, deposes and says* That I am the duly chosen, qualified and acting Deputy City Clerk of the City of Cypress, that at the regular meeting of the City Council of the City of Cypress held June 13, 1960, said meeting was declared adjourned to the time and place specified in the Notice of Adjournment attached hereto, that on June 14, 1960, at the hour of 5 30 o'clock P. M., I posted a copy of said notice at a conspicuous place on or near the door of the place at which said meeting of June 13, 1960, was held. P...„„7-47-;71 Burton Wesenberg, Deputy City Clerk City of Cypress Subscribed and sworn to before me this 1.5a7-41 day of. - , 1960 Notary Public ins d for said County and State June 15, 1960