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1960-08-08MINUTES OF THE IfiEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS August 8, 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 Denni, Councilmen present W. J. Arrowood, J J Denni, M G. McCarney, J. Van Dyke and T. A. Baroldi Councilmen absent None City officials present City Clerk Gordon, City Manager -Deputy City Clerk '::Jesenberg, City Attorney Howell and City Engineer Toups MINUTES Upon motion of C ounci lawn McCarney, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of February 8, 1960, were approved as submitted. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the minutes of the meeting of July 11, 1960, were approved as submitted. Upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, the minutes of the meeting of July 25, 1960, were approved as submitted. PUBLIC HEARING, WJ D ABATEMENT The Deputy City Clerk stated that this was the time and place for the public hearing on charges for weed abatement services. He stated that no written protests had been received by the City Clerk's office. The matter was continued until later in the evening. METROPOLITAN WATER DISTRICT REQUEST The Deputy City Clerk submitted a request from the Metropolitan Water District that the City Council adopt a resolution request- ing Governor Brown to cause to be submitted at the earliest possi- ble date a proposed contract for delivery of northern water to the Metropolitan Water District of Southern California in order that the people of the State may know what they are being required to vote upon at the November election. The City Attorney recommended that the resolution be adopted. Upon motion of Councilman McCarney, -1- August 8, 1960 seconded by Councilman Arrowood and unanimously carried, said Resolution No. 125, was adopted. FEATHER RIVER PROJECT ASSOCIATION MEMBEERSHIP FEE The Deputy City Clerk stated that it was now time for renewal of the City's membership in the Feather River Project Association and that the dues are 05.00 per year. It was moved by Council- man McCarney, seconded by Councilman Arrowood and unanimously carried, that the membership be renewed and the membership fee be paid. ADJOURNMENT TO SCHOOL AUDITORIUM Upon motion of Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, the meeting was adjourned at 7'15 o'clock P. M. to the Cypress Elementary School Auditorium. The meeting was reconvened at 8.00 o'clock P M. by Mayor Baroldi. PUBLIC HEARING, WEED ABATEMENT The Deputy City Clerk again stated that this was a public hearing on charges for weed abatement services and asked if anyone present wished to be heard. There being no one wishing to be heard, upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the public hearing was closed. REQUEST OF ATTORNEYS, RESCIND STANDARD DEVELOPMENT VARIANCE Mayor Baroldi recognized a Mr. Priest who stated that he and Mr. William Moore of the law firm of O'Melveny and Meyers of Los Angeles were representing the Cypress Committee for Better Government. Mr. Priest stated that they were appearing to ask the Council to rescind the resolution granting a variance to the Standard Development Corporation. Mr. Priest gave the following reasons for the request 1, That State laws and the City's land use ordinance require changes of zone to be done by ordinance; that the Council has accomclished by an informal resolution a change which is required to be done by ordinance; that a variance is not -2- August 8, 1960 proper for such a large section of land, that the Planning Commission had recommended denial. 2, That the Cityts Ordinance No. 41 gives the Council no power to act favorably on a matter on which the Cypress Planning Commission has recommended denial, and the resolution is, therefore, invalid. 3. That there is an express finding in the resolution that the variance was necessary to give the applicant the same property rights as are enjoyed by the surrounding property owners, A variance can only be granted if the property right is one not possessed by surrounding property owners. 4. That the condition that the variance is void if the property is not developed within five years is contrary to Ordinance No. 41 which provides that a variance is void if the property is not developed within one year, 5. That the record shows an abuse of discretion since the existing Iii -1 and A-2 useages still remain and the Council has only added another use, R-1, that the permitted uses on the M-1 zone would be manufacturing and residential, which is contrary to the master zoning ordinance. 6. That there was and is no valid claim for hardship by Standard Development; that, since the zoning of M-1 and A-2 and the agricultural useage existed at the time Standard Development purchased the land, my hardship resulting from said zoning and useage was self-imposed and was not a legal cause for granting a variance. 7. The fact that the land may be worth less in its present zoning than it would under the proposed zoning does not constitute an undue hardship, 8, That the plan submitted by Standard Development was vague and in general terms showed that some land would be set aside for schools, some set aside for commercial use and that the lots August 8, 1960 would be 6,000 square feet in size, that, as a tentative tract map, it was not sufficient; that the variance granted residential use only. 9. That a review of the transcripts shows that one Councilman had prejudged the matter which would render his vote invalid; further, that information has been obtained that this Council- man is a substantial creditor of Standard Development d should be disqualified from voting on this natter. Mr. Priest stated that they were, therefore, requesting that the resolution granting a variance to Standard Development be rescinded and that the matter be handled as a rezoning which would be granted by an ordinance and would then be subject to the vote of the people. Councilman Denni stated that he had sold some property to Standard Development for which he had been paid and that Standard Develop- ment owed him no money. He asked that Mr. Priest retract his statement. Mr. Priest replied that he would be glad to correct any misstatement if Councilman Denni could show a reconveyance of the trust deed. SUBMISSION OF PETITION FOR REFERENDUM The City Clerk presented a petition for referendum on the granting of a variance to the Standard Development Corporation, City Clerk Gordon stated that of the 197 signatures affixed thereon seven had been disqualified for various reasons leaving a total of 190 signa- tures Which was 27 percent of the 696 total registered voters as of April 14, 1960. The petition was, therefore, certified as suffi- cient by the City Clerk, The City Attorney stated that he had studied the matter as thoroughly as possible in the limited time allowed and that he had concluded that the action of the City Council was basically of an administrative nature and was, there- fore, not subject to a referendum. Thereupon, Councilman McCarney moved that Resolution No. 121, which was passed at the last Council meeting, was an adminis- trative act by the City Council and that the petitions presented August 8, 1960 be denied because an administrative act is not subject to a referendum. Said motion was seconded by Councilman Denni. Mr. Moore stated that the petition contains two requests. (1) that the resolution be rescinded and (2) failing that, that it be placed on a referendum. The motion is to deny the referendum. Councilman McCurney, with permission of the second, then changed his motion to read• "That the request to rescind Resolution No. 121 be denied and that the request for a regular or special election be denied." Councilman Van Dyke stated that he would like to see the question put before the people of Cypress. Councilman Arrowood agreed with Councilman Van Dyke. Thereupon, the motion was carried by the following roll call vote. AYES• Councilmen Dennis McCurney and Baroldi NOES Councilmen Arrowood and Van Dyke ABSENT• None CYPRESS SCHOOL DISTRICT REQUEST The Deputy City Clerk presented and read a letter from the Cypress School District stating that the school sites in the pro- posed residential development to be built by Standard Development are insufficient for• the number of children anticipated and request- ing that final approval be delayed until the developer and the School District have reached agreement on the number of school sites, The Deputy City Clerk presented and read a second letter from the Lo• Alamitos School District with regard to a school site in that por- tion of the development which is within the Los Alamitos School District. Mr. Jack Weaver stated that he was representing the Los Alamitos School District and presented their request in person, Mr. Bryan Gibson, representing Standard Development, stated that his company would get together with the school districts, He stated that the first unit to be developed contains about 35 acres and that no proposed school sites are included in this 35 acres. He stated that he felt that there is an overlapping of the school -5- August 8, 1960 districts, Mr, Weaver stated that there is an overlapping of the Cypress City limit boundary and the Los Alamitos School District boundary. There followed considerable discussion between Mr, Weaver, Mr, Gibson and the Council as to the school district boundaries and the need for school sites, It was moved by Council- man McCarney, seconded by Councilman Van Dyke and unanimously carried, that the aforementioned correspondence be received and filed, SUBMISSION OF BONDS FOR TRACT CONSTRUCTION The Deputy City Clerk presented agreements with Maiden -Fair Company for the acceptance of bonds for the installation of a water system, sewer system, streets and acceptance of streets and street easements in that portion of the proposed development as per Tract Map No. 3910 which is the far easterly segment of the overall tentative tract map. The City Engineer stated that he had checked the agreements and concurred with regard to the amounts. A question arose as to the wording at the bottom of the first page of the agreements., Mr. Gibson suggested a change in the wording to correct the situa- tion, At this point Mr. Moore of O'1elveny & Meyers stated that they wished to register their objection to this procedure as being highly irregular and requested that these matters be set aside at this time, Upon being asked for an opinion, the City Attorney stated that the bonds and the agreements were satisfactory if the City Council wished to accept them. Thereupon, it was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that the bonds and the agreements signed by Maiden -Fair Company in regard to Tract No. 3910 be approved and the proper officials authorized to execute the agreements, Councilman Van Dyke brought up the question of the City of Cypress having its own water system, There followed discussion of this question Mr, Gibson stated that contracts have already been executed with the Southern California Water Company to provide the water for their development. -6- August 8, 1960 SUBMISSION OF TRACT MAP The City Engineer presented the tract map on Tract No. 3910, comprising 34,85 acres east of Walker, north of Cerritos and south of Bali, He stated that in his opinion said tract map conforms to the conditions laid down a month ago, it is techni- cally correct. He stated that an offer of dedication of the streets and of vehicular access to both streets was contained thereon. The Mayor called a short recess at 9.05 o'clock P. M. in order that the City officials might have an opportunity to study said tract map. The meeting was again called to order by the Mayor at 9 15 o'clock P. M. Councilman McCarney moved that Tract Map No. 3910 be acSpted and the offer of dedication as contained thereon be accepted, which motion was seconded by Councilman Denni and unanimously carried. There followed considerable discussion as to whether the City Council could control the size of the houses to be built by the developer. It was the opinion of the City Attorney that it would have to be done by a specific ordinance. Mr. Moore then protested that the approval of the tract map would be, in effect, amending a variance Which is illegal under the circum- stances and requested that the approval be denied. BOULEVARD STOP SIGN, HOLDER AND BALL The Deputy City Clerk presented the request of the Police Depart- ments of both Cypress and Buena Park that the Council take up the possibility of erecting a boulevard stop sign on the northwest corner of Holder and Ball to control southbound traffic on Holder. Following discussion, upon motion of Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, Resolution No, 126 authorizing the erection of a boulevard stop sign at the northwest corner of Holder Street and Ball Road was adopted. —7— August 8, 1960 FEE SCHEDULE FOR SUBDIVISIONS The City Manager brought up the question of establishing a fee schedule for the many services to be performed in connection with residential subdivisions. Schedules of fees charged by other cities in the County were passed out to the Councilmen for study. Mayor Baroldi appointed Councilman Van Dyke to serve as chairman of a committee to study the matter and report to the Council at the next meeting. The other members of the committee were Council- man McCarney and Mayor Baroldi. CITY ENGINEER'S REPORT ON REPAVING PROJECT The City Engineer reported progress on the repaving of Camp, Karen and Walker Streets from Newman to Orange and asked for authority to advertise for bids which would be opened at the next Council meeting. Upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the City Engineer was authorized to advertise for bids for the repaving of Camp, Karen and Walker Streets. LIABILITY INSURANCE BIDS The City Manager stated that a number of insurance carriers had been contacted for bids but that most of them will not insure a city. He stated that three bids had been received from the follow- ing firms Farmers Insurance Group, Philip B. Robinson Insurance Agency, and Mott Insurance Agency. There followed considerable discussion as to amounts of coverage and bids. Councilman Arrowood stated that he felt that the mounts of coverage were too low. Councilman McCarney agreed. Mayor Baroldi appointed Councilmen Arrowood and Van Dyke as a committee to investigate the liability insurance bids. The City Manager was authorized to acquire an extension on the present policy to prevent an expira- tion. AUDIT REPORT The Deputy City Clerk presented the audit report for the 1959-60 -8- August 8, 1960 fiscal year. He reported that the Audit Committee had studied and approved the report. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, that said audit report for the fiscal year 1959-60 be received and filed. REGISTER OF DEMANDS Upon motion of Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the Register of Demands for the month of August, 1960, was approved as submitted. TRAFFIC SIGNALS, LINCOLN AND VALLEY VIEW The Deputy City Clerk presented an agreement with the State Division of Highways, authorizing construction end installation of traffic signals at the intersection of Lincoln Avenue and Valley View Street (Miller Street). He stated that one "leg" only of this intersection is within the City and estimated the City's share of the cost at approximately $5,000.00. Upon motion of Council- man Arrowood, seconded by Councilman Van Dyke and unanimously carried, Resolution N. 127, authorizing the proper City officials to execute the agreement for the installation of traffic signals at the intersection of Lincoln Avenue and Valley View Street, was adopted. TAX RATE RESOLUTION Upon motion of Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, Resolution No. 124, establishing the municipal tax rate for the 1960-61 fiscal year, was adopted. PROPERTY TAX ORDINANCE The Deputy City Clerk presentee Ordinance No. 72 establishing the amount to be raised by property taxes in the 1960-61 fiscal year. It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that said ordinance be read by title only. Thereupon, the Deputy City Clerk did read the title of said ordinance. Upon motion of Councilman Arrowood, seconded -9. August 8, 1960 by Councilman McCarney and unanimously carried by the following roll call vote, Ordinance No. 72 was introduced, passed and adopted as an urgency measure AYES. Councilmen Arrowood, Dennis McCarney, Van Dyke and Baroldi NOES. None ABSENT None TRUCK LICENSING The City Manager stated that his report had been mailed to the Councilmen. Councilman Van Dyke suggested that the Council have an informal discussion meeting to take up this matter as well as the fly ordinance. Mayor Baroldi stated that he would call such a meeting. ANNEXATION OF POST OFFICE PROP.HTY The Deputy City Clerk presented the recommendation of the Cypress Planning Commission with regard to initiating proceedings for annexation of the property on which the new post office is to be built. Upon motion of Councilman Van Dyke, seconded by Council- man McCarney and un iimously carried, the Council approved the recommendation of the Planning Commission and authorized the City Manager to contact the owners of the property for the purpose of obtaining a request for annexation. INCREASE IN CITY HALL RENT The City Manager presented a request from the owner of the building which the City uses as a City Hall for an increase in the monthly rental to $95.00. Upon motion of Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, the Council ap- proved the increase in the City Hall rent to $95.00 per month. ACCEPTANCE OF ALE TUINHOUT DEDICATION The Deputy City Clerk presented an easement grant deed, signed by Ale and Hilda Tuinhout, in satisfaction of Condition No. 1 of Conditional Permit No. C-120, which had been approved by the City -engineer. Upon motion of Councilman Arrowood, seconded by August 8, 1960 -10- Councilmen McCarney and unanimously carried, said deed was accepted and the proper City officials were instructed to effect the recordation of said deed. EXPIRATION OF PLANNING CO I"ll I SSI ONEES' TERMS It was brought to the attention of the Council that the terms of Commissioners Bordner and Van Klaveren were expiring and that Commissioner Beekman.ts term had expired some months ago and that he was at the present time serving on a temporary appointment. Mayor Baroldi stated that he would place the names of his appointees before the Council at the next regular meeting. ADJOURNMENT There being no further business to corse before the Council at this time, upon motion of Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, the meeting was adjourned at 10 05 o'clock P. M. until the next regular meeting. ATTEST Shirley M. Gor. August 8, 1960 nl4-1(1. on, City Clerk -11- Thomas A. Baroldi, Mayor