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1960-07-11MINUTES OF THE I*:h:TING OF THE CITY COUNCIL OF THE CITY OF CYPRESS July 11, 1960 A regular meeting of the City Council of the City of Cypress was called to order by Mayor Baroldi 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 Van Dyke, Councilmen present W. J Arrowood, T. A. Baroldi, J. J. Denni, M. G. McCarney and J. Van Dyke Councilmen absent* None City officials present City Clerk Gordon, City Manager -Deputy City Clerk Wesenberg, City Attorney Howell and City Engineer Toups MINUTES Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the minutes of the meeting of June 7, 1960, were approved as submitted„ Upon motion of Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the minutes of the meeting of June 13, 1960, were approved as submitted, Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the minutes of the meeting of June 15, 1960, were approved as submitted. At 7 50 o'clock P. M. the meeting was adjourned to the Cypress Grammar School Auditorium. At 8.10 o'clock P M. the meeting was reconvened in the auditorium by Mayor Baro ldi , PENLAND CONDITIONAL PERMIT APPLICATION The Deputy City Clerk presented conditional permit application No. C-124 of Stanley K. and Elizabeth Penland and Henry Erdahl to permit the addition to an existing single-family dwelling and the addition of an attached three -car garage in the A-2 zone west of 9751 Walker Street, Cypress, The Deputy City Clerk presented the recommendation of the Cypress Planning Commission. Following discussion, during which it was stated that there had been no objections either oral or written, upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, conditional permit No. C-124 was granted as requested with the -1.- July 11, 1960 condition that applicant offer to dedicate 30 feet of property east of the west property line for street purposes at such time as Grindlay Street is extended south through that area. HENNESSY CONDITIONAL PERMIT APPLICATION The Deputy City Clerk presented conditional permit application No. C-122 of Margaret Hennessy to permit the erection of a detached garage with a 19, 6" setback at 5711 Camp Street in the R-4 zone. The Deputy City Clerk stated the recommendation of the Cypress Planning Commission. Following discussion, upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, the Council granted conditional permit No. C-122 with the condition that the proposed garage be placed 50 feet from the center lire of Camp Street, and decreed that the east side yard is determined as a side yard from the rear line of the existing dwelling to the front property line SALVADOR CONDITIONAL PEHMI T APPLICATION The Deputy City Clerk presented conditional permit application No. C-123 of Frank Salvador to permit the erection of three (3) poultry laying houses at 9372 Holder Street in the A-2 zone. The Deputy City Clerk presented the recommendation of the Cypress Planning Commission. It was moved by Councilman Van Dyke that said conditional nerm.t be granted as requested, which motion died for lack of a second. A Mr. Tobin, 7438 Whitegate, Riverside, protested the gra-riting of the permit on the grounds that Mr. Salvador was breeding flies to the extent that Mr. Tobin was unable to sell his houses in the Merryville Estates Mr. Tobin quoted from Orange County Health Department reports from January, 1958, to February, 1960 Mr Tobin also quoted from letters written by occupants of houses bought from him in which the said occupants protested against the fly conditions and demanded the removal of the chicken rancher. Mr. Mark Wright, a chicken rancher on Lincoln Avenue, asked Mr. Tobin if he had -2.. July 11, 1960 been aware of the existing chicken ranches when he bought the property and that such ranches have a tendency to have flies. Mr. Tobin stated that he had been aware of the existence of the chicken ranches but had not been aware of the fly situation Mr. Wright stated that as a business man Mr Tobin should have known that. He further stated that Mr. Salvador has greatly improved the situation on his ranch since the first of the year. He further stated that he felt that people who move into a rural area should be prepared to cope with a few flies A Mr. Wayne Worley, a chicken rancher on Orange Avenue, stated that he was one of the chicken ranchers who is being sued because of flies. He stated that he had invited one of the women who were instituting the suit to inspect his operation and that she admitted that he had no more flies than anyone else Mr. Howard Tatro then began to quote Health Department reports on Mr Worley but was stopped by the Mayor since Mr. Worleyts operation was not being considered at this time. The Chair then recognized the applicant, Mr Frank Salvador, who described the efforts he has made and is making to alleviate the conditions which cause the breeding of flies on his ranch and quoted the costs of these improvements He stated that his efforts have proved successful and that he welcomed inspection by anyone who wished to see the results. Councilman McCarney asked if Mr. Salvador would accept County inspection, to which Mr Salvador replied that he would at any time Following further discussion between Mr. Tobin, the Council and Mr. Salvador, it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried that the letters, pictures and Health Department reports presented by Mr. Tobin be received and filed Upon motion of Councilman Derini, seconded by Councilman McCarney and unanimously carried, the matter was tabled until the next regular meeting in order that -3- July 11, 1960 the Councilmen could investigate the situation personally. STANDARD DEVELOPMENT HEARING CONTINUATION Mayor Baroldi stated that this was the time and place for the continuation of the public hearing on the request of Standard Development Corporation for a zone change and/or a conditional permit and/or a use variance A Mr. Rickles was recognized by the Chair. He stated that he was an attorney from Santa Ana and that he represented the people who are opposed to the grant- ing of said request by Standard Development. He asked permission to present the side of his clients. Mr. Rickles stated that he would like to present evidence that would show that the land could be used for the purposes for which it is now zoned; dis- advantages that would be attendant upon the necessary increase of police and fire protection; capital outlays with no budget provision, loss of advantages which are now enjoyed with the Federal Land Bank because of the fact that this is a predominately agricultural area. Mr. Rickles then quoted from a campaign statement made by Councilman Denni. Mr. Rickles stated that his clients felt that the Council is being stampeded into a choice which could have grave repercussions on the area as a whole. The Mayor granted permission to oall witnesses. Mr. Nickles called a Mr. R. M. Webster of 719 South Ross Street, Santa Ana, who stated that he is the Manager of the Federal Land Bank Association serving Orange County. Mr. Webster stated that the Land Bank Association does not ordinarily enter into issues such as this but that he had been requested by his superiors to do so after hearing of thr• testimony given before the Cypress Planning Commission by Mr. Mann of the Los Angeles office. Mr Webester's testimony was to the effect that the facts and figures as presented by Mr. Mann were not correct, and that Mr Mann had violated regulations in that he had not cleared his appearance and statements with his superiors prior to his - 4 - July 11, 1960 appearance before the Cypress Planning Commission Mr Rickles then asked permission to ask some questions of the City Engineer Permission was granted and Mr John M Toups was called. Upon being questioned, Mr Toups stated that in his opinion the property zoned for M-1 useage could be so used, but that he felt that he was not qualified to make a statement as to whether the property zoned for agricultural useage could be so used, Mr. Rickles then asked permission to ask some questions of the City Manager Permission was granted. Mr. Rickles then asked Mr Wesenberg, City Manager, for information relative to the con- tractual arrangement between the City of Cypress and the City of Dairyland for police department services and the sharing of employees ani equipment. At this point, the Mayor stated that he felt that this line of questioning was out of order Mr. Sickles explained that he was attempting to show that the increcse in the cost of operation could cause the cancellation of the contract which would result in an increased tax burden to the City of Cypress. Upon being questioned, Mr Wesenberg stated that the City of Dairyland could cancel the contract at any time with reasonable notice for any reason and that it was his opinion that such action would probably be taken if the population of Cypress suddenly increased by approximately 5,000 people. He estimated that, in the event of such a cancellation by the City of Dairyland, the tax increase in the City of Cypress would be in the neighborhood of 23 to 25 cents At this poirt, Mr Sickles stated that a very important witness had been detained and would not arrive until about ten o'clock. He suggested that, if the Council so pleased, some other matters might be taken up until this witness arrived. He stated thLt the witness was Mr. Lee Swanson, a municipal government expert. The Mayor asked if anyone else wished to be heard. A Mr John R Hinchey, 6217 Redman Avenue, Whittier, asked to be heard. He stated that he -5- July 11, 1960 was representing Texaco Mr Hinchey stated that his company feels that the statement that the tax rate could be decreased was falacicus, that, on the contrary, it must rise materially and that, as a large property owner in the City, Texaco would suffer greatly. He stated that, if the Council grants permission to build this residential subdivision, his company would have no choice but to regard the action as simple bad faith. Mr Rickles then called Mr. Donald Cox, 7703 Fontana, Downey, who stated that he was a Certified Public Accountant. Mr. Cox presented a report showing that dairies could operate economically in Cypress and in Orange County He also presented figures on the cost of relocating a dairy in the Chino area and a comparison of net profits made by dairymen in the City of Cypress and in the Chino area. It was moved by Councilman Arrowood, seconded by Councilman Denni and unanimously carried, that said report by Mr. Cox be received and made a part of the record. The Mayor recognized Mr. Pete Gorzeman, 9922 Walker Street, Cypress. Mr. Gorzeman reported on facts he had learned from a conference with Dr. Milton Brievogle, Director of the Los Angeles County Planning Department. Mr Gorzeman stated that Dr. Brievogle was very much concerned about the usurping of industrial lana for residential use and the sm&l1 size of the proposed lots. Mr. Rickles then presented the signatures of 109 people who were expressing themselves as being opposed to the residential sub- division He stated that these signatures were in response to an advertisement in the Enterprise requesting an expression of opinion from the local citizens Said signuatures were then presented to Mayor Baroldi because it was his personal survey. At this point, Councilman McCarney moved that the hearing be closed, which motion was seconded by Councilman Denni. Mr Rickles then stated that he had a municipal expert who would arrive a little later and who would state that the proposed -6- July 11, 1960 development would increase the tax rate He stated that he felt that a great deal of leniency had been shown Standard Development and requested that his clients be shown the same leniency. He stated that his clients felt that one side only had been heard up to this time. Mr. Bryan E. Gibson, 8670 Wilshire Boulevard, Beverly Hills, recuested to be heard The Mayor asked if the motionee wished to withdraw his motion. Motionee refused to withdraw his motion. Councilman Van Dyke stated that he would like to hear all the testimony possible and that he would like to hear what Mr. Gibson had to say even if it should take a little more time. The Mayor asked if the motionee wished to recognize Mr. Gibson. Mr Gibson stated that he acceded to the Chair and to the motionee. Thereupon, the motion that the public hearing be closed was carried by the following roll call vote• AYES• Councilmen Baroldi, Dennis and McCarney NOES Councilmen Arrowood and Van Dyke ABSENT • None STANDARD DEVELOPMENT CORPORATION RESOLUTION Councilman Denni then presented and read a resolution in regard to the granting of a use variance to Standard Development Corporation and setting forth conditions thereto. It was moved by Councilman Denni that said resolution be adopted, which motion was seconded by Councilman McCarney Councilman Van Dyke stated that he had had no opportunity to study said resolution and would like to see the matter taken under submission Upon being questioned, Councilman Demi stated that he and his lawyer had drawn up the resolution. The City Attorney advised against adopting said resolution for. the reasons that (1) it is at variance with the subdivision ordinance which has already been given one public hearing, (2) that it in effect amends an ordinance, and (3) the wording is such that disputes will very -7- July 11, 1960 probably arise over the interpretation of the conditions. During the discussion, it was brought out that the City has never adopted the Orange County Ordinance governing residential sub- divisions. Upon being questioned by Councilman Arrowood, Council- man McCarney stated that he had seen the copy of the resolution before it was presented by Councilman Denni and Mayor Baroldi stated that he had not seen it before it was presented Council- man Van Dyke suggested a joint meeting of the Council with the Planning Commission to find out why the Planning Commission had recommended denial of this request. Councilman Arrowood stated that he felt that the question should be brought before the people at a special election. Councilman Van Dyke agreed. Mayor Baroldi stated that he felt that, as the elected representa- tives of the people, the Council had been given the authority to decide the matter. The City Manager stated that, on the financial sire of the picture, this development would very likely cause the City tax rate alone to double or more than double. Council- man Van Dyke stated that he did not understand the resolution and would like a little time in which to study it. Councilman Denni stated that he felt that, with the coming of fly ordinances among other problems, the agricultural people are going to have to make a graceful retreat out of the area. The motion to adopt Resolution No 121 in regard to granting use variance No. UV -142 to Standard Development Corporation was carried by the following roll call vote* AYES* Councilmen Baroldi, Denni and McCa:rney NOES. Councilmen Arrowood and Van Dyke ABSENT • None STATE HIGHWAY MAINTENANCE AGREEMENT The Deputy City Clerk presented an agreement submitted by the State Division of Highways to allow the State to maintain Lincoln Avenue without cost to the City. Upon motion of -8- July 11, 1960 Councilman McCarney, seconded by Councilman Denni and unanimously carried, Resolution No. .119, authorizing the proper City officials to execute said agreement, was adopted CHANGE OF NAME OF MILLEA STREET The Deputy City Clerk presented a letter from the Orange County Street Naming Committee requesting that the City of Cypress officially change the name of Miller Street to Valley View Street. Upon motion of Councilman ?lcCarney, seconded by Councilman Denni and unanimously carried, Resolution No. 123 officially changing the name of Miller Street to Valley View Street was adopted. POLICY ON EXTRADITION The City Manager reported that the Police Department had requested a statement of policy on the question of sending an officer into a bordering state to bring back prisoners for prosecution for serious crimes. Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the Council established the policy of allowing the Police Department to go to bordering states to bring back wanted criminals. !AUTHORIZING CITY CLERK TC SIGN CHECKS Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, the Council adopted Resolution No. 120 authorizing the City Clerk, Miss Shirley M. Gordon, to sign the City checks. REPORT ON TRUCK LICENSING Upon motion of Councilman Van Dyke, seconded by Councilman Denni and unanimously carried, the Council voted to continue this matter until the next regular meeting. MARCH OF DIMES SOLICITATION The Deputy City Clerk presented a request from the March of Dimes organization for permission to canvass the City for funds during the month of January, 1961 It was moved by Councilman Van Dyke, seconded by Councilman NcCarney and unanimously carried, that the -9- July 11, 1960 Council has no objection to said canvass for funds. REQUEST FOR FLY CONTROL PROGRAM The Deputy City Clerk presented and read a letter from the Cypress Citizens Committee, Inc., requesting that the City Council adopt a fly control ordinance Mayor Baroldi appointed a committee, consisting of Councilman Van Dyke as Chairman, ?Iayor Baroldi and Councilman Denni, to study the Orange County Fly Control Ordinance. There followed considerable discussion of the fly control problem during which Er. Tobin urged the adoption of the Orange County Fly Ordinance. Mr. Tatro also requested that the ordinance be adopted. The City Manager was instructed to obtain copies of the fly control ordinances adopted by the cities of Anaheim and Stanton for the use of the committee. MISCELLANEOUS Councilman Denni asked Mr Tony Silva if he had a ticket he wished to ask about. Iyir. Silva stated that he had been cited by one of the Cypress police officers for driving on Moody Street in the City of Dairyland with his truck. He stated that he knew that the street was posted against use by heavy vehicles but that he had been told that he could use it. The City Manager stated that a letter on file in the City Hall showed that he had been warned about using Moody Following discussion, Mayor Baroldi stated that the Cypress City Council could do nothing about the citation since it was a Dairyland problem. Councilman Van Dyke stated that he felt that a problem existed with regard to the use of Moody Street by the heavy trucks and suggested that Mayor Baroldi meet with the Mayor of Dairyland to discuss the problem. REGISTER OF DEMAi':DS It was moved by Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, that the Register of Demands for the month of July be approved as submitted. -10- July 11, 1960 C.A.P. POLICE PATROL BEQUEST FCB LICENSE The City Manager presented a request by the C A.P. Police Patrol Service for a license to operate within the City of Cypress. He stated that this firm had been checked out and approved by the Police Department It was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that said firm be granted a license to operate within tine City of Cypress. ADJOURNMENT There being no further business to come before the Council at this time, upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the meeting was adjourned at 11.30 o'clock P M until July 25, 1960, at 12.00 o'clock noon. Councilman Arrowood stated that he would be unable to attend because he would be in San Louis Obispo for a conference for three days. Councilman Denni also stated that he would be unable to attend. ATTEST; Snirley 1 Gordon July 11, 1960 City Clerk -11- Thomas A Barofdi, Mayor 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 on July 11, 1960, said meeting was declared adjourned to the time and place specified in the Notice of Adjournment attached hereto, that on July 12, 1960, at the hour of 9 00 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 July 11, 1960, was held. 4,-.A �k Burton Wesenberg, Deputy City Clerk City of Cypress Subscribed and sworn to before me this day of July, 1960 Notary Public in and for said County and State July 25, 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 July 11, 1960, the meeting was duly adjourned to 12.00 Noon on Monday, July 25, 1960, at the Council Chambers of said City Council in the City Hall of said City. Dated July 12, 1960 17ti L`1.4,7^l Deputy City Clerk of the City of Cypress July 25, 1960