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1960-07-25MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS July 25, 1960 An adjourned 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 12:00 Noon. Councilmen present* T. A. Baroldi, M. G. McCarney and J. Van Dyke Councilmen absent* W. J. Arrowood and J. J. Denni City officials present City Clerk Gordon, City Manager -Deputy City Clerk Wesenberg, Deputy City Attorney Walker and City Engineer Toups CYPRESS SCHOOL DISTRICT APPLICATION The Deputy City Clerk presented conditional permit application No. C-126 of the Cypress School District to permit the conversion of the ground floor of an existing dwelling at 9241 Walker Street in the R-4 zone to a school district business office. The Deputy City Clerk presented the recommendation of the Cypress Planning Commission. Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, conditional permit No. C-126 was granted as requested for a period of two (2) years, expiring on August 31, 1962, GOUYD CONDITIONAL PERMIT APPLICATION The Deputy City Clerk presented conditional permit application No. C-125 of Clayton and Yetive Gouyd to permit the erection of two (2) two-family dwellings on a single building site immediately south of 9241 Walker Street in the R-4 zone. The Deputy City Clerk then read the recommendation of the Cypress Planning Com- mission. Following discussion, upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the Council granted conditional permit No. C-125 as requested with the following conditions. 1. That applicant and property owner dedicate to the City of Cypress for street improvement purposes an area 40 feet from the centerline of Walker Street and 198 feet along the front of the property; -1- July 25, 1960 2,. The proposed structures shall have a front yard setback of 65 feet from the centerline of Walker Street; 3. Applicant shall post a bond or cash with the City of Cypress in an amount to be determined by the City Engineer to cover the cost of construction of concrete curb and gutter along the front of applic nts ' property for the first 80 feet north of the south property line. Said curb and gutter to be con- structed at such time as Walker Street is improved to its ultimate width of 80 feet; 4. That there be provided one and one-half parking spaces for each family unit in the front of the proposed duplexes, BUSINESS 'LICENSE, JOHN1S SHOE REPAIR The City Manager recalled that at business license time last year the Council requested that John's Shoe Repair not be forced to pay the license fee for that year. The City Manager asked whether the Council wished to continue this policy tris year. Following discussion, during which it was stated that the emergency which had existed for this applicant last year had been more or less resolved, it was decided to process the business license in the usual manner for the present fiscal year, INCREASED HOURS FOR SECRETARIAL -CLERICAL STAFF The City Manager asked permission of the Council to increase the hours of the secretarial-clericral staff to a maximum of 16 hours a day as needed, He stated that at the present time the hours need to be increased by two or three hours per day, but as the work load increases, more hours will need to be added. He stated that the extra amount on the payroll is covered in the budget, that it is a matter of transferring funds. Upon motion of Council- man McCarney, seconded by Councilman Van Dyke and unanimously carried, the Council approved increasing the working hours of the secretarial - clerical staff to a maximum of 16 hours per day as needed, TRAFFIC SIGNAL AGREEMENT The City Manager presented an agreement between the City of Cypress .2. July 25, 1960 and the State Division of Highways for installation of a traffic signal at Lincoln Avenue and Walker Street. The City Manager stated that the estimated cost for the City's share will be approxi- mately $8,500.00. He stated that the signal at Lincoln and Miller is being held up pending financing of their share by the City of Buena Park. The City Engineer stated that the signal at Lincoln and Walker should be ready for use by December. Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the Council adopted Resolution No. 122 authorizing the proper City officials to execute the agreement with the State Division of Highways for the installation of said traffic signal at Lincoln Avenue and Walker Street, LARGE TRUCKS ON POSTED STREETS, REQUEST The Deputy City Clerk presented and read a letter from a Mr. Lee Rogers, owner of an oil transport operation at 4622 Lincoln Avenue in County territory. Mr, Rogers requested permission to use cer- tain City streets so that his large oil trucks may approach his place of business without having to make a "U" turn on Lincoln Avenue, The Councilmen felt that, since his business is outside the City, permission could not be granted to him without causing trouble. It was suggested that the City Manager answer the letter to the effect that, if his business were in the City, he could not be denied access. It was moved by Councilman McCarney, seconded by Councilman Vai Dyke and unanimously carried, that the letter from Mr. Rodgers be received and filed and answered by the City Managers COMPENSATORY TIME OFF FOR POLICE OFFICEES The City Manager presented for the Council's consideration the problem of compensating police officers who work as much as 13 to 14 hours per day. The City Manager mentioned the officer Who handles all juvenile cases for the City. He also mentioned the fact that this officer, as well as others, have to spend a number of their days off in court. Mayor Baroldi suggested, since two of the Councilmen were absent, that the City Manager submit a written report on this subject to the City Council. July 25, 1960 -3- RESCIND RESOLUTION NO, 121, REQUEST Mr. Calvin Meekhof was recognized by the Chair and introduced Mr, William Moore of the law firm of O*Melveny and Meyers of Los Angeles, Mr. Moore stated that he had been asked to represent the people in thc. Better Government Committee. Mr. Moore stated that, after study- ing the transcripts of the public hearings, Resolution No. 121, and zoning ordinance No. 41, it is his opinion that the resolution is void ancz should be rescinded. Mayor Baroldi stated that no action could be taken at this time since not all of the Councilmen were present. Mr. i•ioore asked permission to explain the grounds on which he based his opinion. He stated that it was his opinion that the Council was required to take that type of action by a zone change ordinance, that a variance is not appropriate. He stated that by adopting an ordinance, such ordinance would then be subject to a referendum by the people. He stated that, assuming that the Council had the power to act as it did, zoning ordinance No. 41 requires an affirmative action by the Planning Commission, The Planning Commission recommended denial, He stated that it was his opinion that the action taken by the Council was a legislative act and that the resolution itself is subject to referendum and that there pro- bably will be a referendum petition filed to put that question on the ballot. He mentioned that a variance would allow Standard Development to sell homes to people without proper protection since the zones remain the same and the M-1 and A-2 usages would still be legal. He stated that it was his opinion that insufficient evidence had been presented before the Council to warrant a zone change, that, in his opinion, it was a special privilege to the owners of the land, His clients, therefore, requested that the Council rescind Resolution No, 121 and require Standard Development to go through the formal steps of a change of zone. Mayor Baroldi requested that Mr, Moore appear before the Council when all Councilmen are present, Mr, Moore stated that the time was short and that there might cone a time when they would have to take some action rather than waiting July 25, 1960 for a full Council. Mayor Baroldi polled the Cound amen who were present. They agreed that they felt that no action should be taken at this time since two of the Councilmen were absent. Mayor Baroldi stated that he concurred in that opinion. Mr, Moore then asked that the matter be placed on the agenda for the next meeting of the Council and stated that he would submit in writing said request, He would also discuss the matter with the City Attorney. CITY ENGINEER REPORT, CERRITOS AVENUE The City Engineer reported that bids for the construction work on Cerritos Avenue had been opened and that the Norwalk Asphaltic Company was the low bidder. There followed discussion as to the grade of the street, curbs and gutters, right-of-way and drainage problems, ADJOURNMENT There being no further business to come before the Council at this time, upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the meeting was adjourned at 1.00 P. M. until the next regular meeting. ATTEST' -e,,..m,�� eLin,rl�' Ci z Shirley Mf Gordon / ity Clerk -5- July 25, 1960 Thomas A. Baroldi, Mayor