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1960-09-12MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS September 12* 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 City Attorney Howell* Councilmen present. J. J. Denni, M. G. McCarney, J. Van Dyke and T. A. Baroldi Councilman absent• W. J. Arrowood City officials present: City Clerk Gordon, City Attorney Howell and City Engineer Toups MINUTES Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of August 8, 1960, were approved as submitted* Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the minutes of the meeting of August 22* 1960, were approved as submitted* Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of August 24+, 1960, were approved as submitted. Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of August 25, 1960, were approved as submitted. KUPPENS CONDITIONAL PERMIT APPLICATION The City Clerk presented conditional permit application No. C-127 of Walter C. Kuppens to permit the establishment of a drive-in theatre approximately 630 feet east of Bloomfield on the north side of Cerritos Avenue, in the A-2 zone. The City Clerk then read the recommendation of the Planning Commission. Following discussion of the street width on Cerritos Avenue and of drainage and traffic problems, Councilman Van Dyke moved to hold the matter over until the next regular Council meeting to give the City Engineer and the developers an opportunity to work out the drainage and access road questions and, if necessary, to call a special meeting. Said motion was seconded by Councilman Denni. Council- man McCarney suggested an amendment to the motion that the matter of dedication, lights, necessary service road and everything else -1- September 12, 1960 be taken care of in a new submission, drawings corrected, etc. Councilman Van Dyke incorporated said amendment in his motion with permission of the second. Said motion was unanimously carried. DR. GLASER CONDITIONAL PERMIT APPLICATION The City Clerk presented conditional permit application No. C-129 of Dr, Leon H, Glaser, property owner, and Arthur Hotchkiss to permit the establishment of a sandblasting and spray painting plant in an existing building located south of the Crescent Ready Mix plant on the west side of Valley View (Miller) in the M-1 zone. The City Clerk then read the Planning Commission recommendation, There followed considerable discussion as to the type of work to be done, the availability of water and the sanitary facilities to be provided. It was moved by Councilman Van Dyke that conditional permit No, C--129 be granted as requested with the conditions that the building be enclosed with new corrugated siding; that a toilet and wash basin and septic tank be provided; that the permit be granted for a period of three (3) years; and that the operations meet with the approval of the Air Pollution Control Districts Following further discussion, Councilman Van Dyke withdrew his motion at the request of the Mayor. Thereupon, it was moved by Councilman Dennis seconded by Councilman Van Dyke and unanimously carried, that said conditional permit application of Dr. Glaser and Arthur Hotchkiss be taken under submission until the next regular Council meeting, DECKER CONDITIONAL PERMIT APPLICATION The City Clerk presented conditional permit application No, C-130 of Howard R. Decker to permit the erection of a new single --family dwelling in place of an existing dwelling at 9411 Grindlay Street in the A-2 zone. The City Clerk then read the recommendation of the Planning Commission. Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the applica- tion was granted as requested, September 12, 1960 GENEVA CLINARD CLAIM FOR DAMAGES The City Clerk presented a claim for damages against the City for *50,000.00 for injuries to her left eye allegedly sustained by the claimant as a result of some foreign material having lodged in her eye. Said injuries were sustained last July 4 at the Cypress Park during the fireworks exhibition, according to the claimant. It was moved by Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, that the City Attorney is instructed to refer the claim to the Cityts insurance carrier and to advise the claimant that the City believes that since the place of the action was not within the City limits and the activity was not under the jurisdiction of the City, the City is, therefore, not obligated in this matter. ACCEPTANCE OF COMPREHENSIVE LIABILITY INSURANCE The City Clerk presented the comprehensive general liability insurance policy as submitted by the Mott Insurance Agency and read the letter which accompanied the policy, Councilman Van Dyke stated that the Insurance Committee had studied the proposal of the Mott Agency and recommended that said policy be approved, It was moved by Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, that the comprehensive general liability insurance policy submitted by the Mott Insurance Agency be accepted as recommended by the insurance committee and that the officers of the City be authorized to pay the premium., CITY ENGINEERt3 REPORT City Engineer Toups reported on the status of the Cerritos Avenue improvement project from Knott Avenue to Walker Street. He estimated that the project would be completed in approximately 30 days, CITY ENGINEER REPORT ON BIDS City Engineer Toups reported that nine (9) sets of plans and specifications on the improvement project on Camp, Karen and Walker Streets were sent out and that five (5) bids were received. .3. September 12, 1960 He stated that the Griffith Company had submitted the low bid and recommended that said company be awarded the contract It was moved by Councilman Van Dyke, seconded by Councilman Denni and unanimously carried, that the Griffith Company be awarded the contract for the repaving of Camp Street, Karen Avenue, and Walker Street from Newman to Orange. FLY CONTROL ORDINANCE The City Attorney reported that he was unaware that a fly control ordinance was required for this meeting and that he was still in- volved in a discussion with the County Counsel as to the wording in certain portions of the County Fly Ordinance Councilman Van Dyke reported that the committee had decided to recommend the adoption of the County ordinance in its entirety Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, the City Attorney was instructed to prepare a fly control ordinance as an urgency measure and to mail copies to the Councilmen in ad- vance for study before its adoption at the next regular meeting. PLANNING COMMISSION RESOLUTION NO. 10 City Clerk Gordon presented and read Resolution No 10 of the Planning Commission, recommending that Commissioners Bordner and Van Klaveren be re -appointed to new terms. Mayor Baroldi stated that every one on the Council had recommended a member of the Planning Commission except Councilmen Denni and McCarney Council- man Van Dyke pointed out that that was true for• the old Citizens Advisory Committee, that in accordance with the present ordinance, the Mayor appoints the members and the Council confirms the appoint- ments. Councilman McCarney recommended the re -appointment of Commissioner Bordner. Councilman Denni recommended the appointment of Leo Baroldi. Mayor Baroldi appointed Mr Kenneth B Bordner and Mr. Leo Baroldi to serve four-year terms on the Planning Commission. Upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, the appointments of Mr. Bordner and Mr. Baroldi were confirmed by the Council -li- September 12, 1960 COMMITTEE REPORT SUBDIVISION FEES Mayor Baroldi reported that the committee had been unable to meet and that they, therefore, had no report to make at this time. REGISTER OF DEMANDS The City Clerk passed to each Councilman a copy of the Register of Demands. While these copies were being studied, the Mayor read a notice, signed by Fred Taylor, reminding everyone of the opportunity of obtaining polio shots at the clinic being held at the Fire Hall the following evening. Upon motion of Councilman Van Dyke, seconded by Councilman Denni and unanimously carried, the Register of Demands for the month of September, 1960, was approved as submitted. GOUYD EASEMENT GRANT DEED ACCEPTANCE The City Clerk presented an easement grant deed signed by Clayton and Yetive Gouyd and submitted in satisfaction of Condition No. 1 of Conditional Permit No. C-125, The City Clerk stated that said deed had been approved by the City Engineer. Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the Council accepted said easement grant deed and instructed the proper City officials to effect the recordation of said deed. ORDINANCE AUTHORIZING REMOVAL OF PARKED VEHICLES City Attorney Howell presented and read a proposed ordinance authorizing the removal of vehicles parked on the public right-of- way for more than 120 hours. He stated that he had been requested by the Chief of Police to prepare said ordinance. Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, said ordinance, No. 74, was introduced and passed on to the next regular Council meeting for second reading and final adoption. REMOVAL OF JOHN BEEKMAN FROM PLANNING COMMISSION Councilman McCarney asked to see a copy of Ordinance No. 45. He then requested that said ordinance be read by the City Clerk,. Thereupon, the City Clerk did read said ordinance. There followed .5 - September 12a 1960 discussion on the interpretation of said ordinance. There was also discussion as to whether the term of John Beekman had expired. It was the City Attorney's opinion that the interpretation at the time of adoption of Ordinance No. 45 was that existing members up for re -appointment would not be considered new members and would, therefore, not be required to be residents of the City. Council- man Van Dyke stated that it was his interpretation that Mr. Beekman's term of office had expired and that he had re -appointed hi■ to serve temporarily until the Standard Development question was settled. The Chair recognized Mr. John Beekman who stated that it was his interpretation that the "registered voter" requirement did not apply to re -appointments; that he had been re -appointed to serve indefinitely by Mayor Van Dyke; that he had been promised by Mayor Baroldi that he would serve on the Planning Commission as long as Mr. Baroldi was Mayor. Councilman Denni stated that he felt that someone from the local residents should be appointed. Mayor Baroldi stated that it was his opinion that Mr. Beekman's term had expired ten months ago and that he would like to re -appoint Mr. Van Klaveren to the Planning Commission. Mr. Van Klaveren declined the appointment. Mayor Baroldi then submitted the name of Augustine Garcia for appointment to the Planning Commission. Mr. A. E. "Pat" Arnold was recognized by the Chair. Mr. Arnold stated that he felt that Mr. Beekman had done a wonderful job and that the appointments to the Planning Commission should be people who know something about planning; that, in the absence of a Plan. ring Director, he felt that this was extremely important.. Upon motion of Councilman McCarney, seconded by Councilman Dennis, the appointment of Mr, Augustine Garcia to the Planning Com- mission to replace Mr, John Beekman was confirmed, which motion was carried by a vote of two (2) Ayes (Councilman Van Dyke abstain- ing). LETTER OF APPEECI ATI ON Upon motion of Councilman McCarney, seconded by Councilman Denni -6- September 12, 1960 and unanimously carried, the Council instructed that a letter of appreciation for his services to the City be written to Mr, Beekman. SILVA COMPLAINT Mayor Baroldi requested the City Clerk tozead a communication which had been passed to him by Councilman Denni. Said communica. tion was signed by Tony Silva and contained a complaint that Joe Sousa was violating his variance with regard to the auto salvage operation on Mr. Sousa's property. Upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, the communication was referred to the City Attorney and the City Engineer who were to investigate and report back to the Council at the earliest possible moment, SEEGER REPORT AND RECOMMENDATION Mayor Baroldi presented to each Councilman a copy of a report and recommendation submitted by Mr. Deane Seeger. Councilman Denni requested that the document be read. Thereupon, the City Clerk did read said document. Upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, the Council ordered said document received and filed. APPOINTMENT TO COUNTY STR T NAMING COMMITTEE Mayor Baroldi appointed Councilman McCarney to serve on the Orange County Street Naming Committee. Councilman McCarney accepted the appointment. Upon motion of Councilman Van Dyke, seconded by Councilman Denni and unanimously carried, the Council confirmed said appointment. REMOVAL OF DAIRYIA ND RECORDS AND EQUIPMENT Mayor Baroldi brought up the matter of requesting the City of Dairyland to remove all their files, records and equipment from the Cypress City Hall. The City Attorney suggested a simple motion rather than a resolution. During the discussion, Mr+ Wesenberg pointed out that this request involves approximately $1:300.00 of office equipment. The question of whether this should involve September 12, 1960 the Police Department also was brought up. Mayor Baroldi stated that he felt that, if Dairyland wishes to continue the service, it could be worked out provided the Cypress City Manager is the department head. Mr. Wesenberg stated that, under the present contract provisions, Mr. Hansen has been appointed Police Chief for Dairyland as well as for Cypress. He further stated that the Dairyland Council is giving serious consideration to breaking their contract. It was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that the City of Dairyland be requested to remove from the Cypress City Hall, at the earliest convenient moment, all of its records, files and personal property not directly used by the Police Department. fterBaroldi appointed Councilman Van Dyke and Councilman Denni to serve with his as a committee of three to meet with the City of Dairyland to discuss the Police Department contract. The Council instructed that a letter be directed to the Mayor of Dairyland, asking him to appoint a three-man committee to meet with the Cypress committee, and that a copy of the motion on the removal of their property accompany the letter. RESOLUTION RELIEVING BURTON WESENBERG OF DUTIES The City Attorney presented and read Resolution No. 129 relieving Burton Wesenberg of his duties and authority as Deputy City Clerk, City Purchaser, Deputy Treasurer, Civil Defense Director and Finance Director. Upon motion of Councilman McCarney, seconded by Councilman Denni aad unanimously carried, Resolution No. 129 was adopted. CITY ATTORNEY REPORT ON LAW SUIT The City Attorney reported on progress of the law suit of the Better Government Committee vs. the City of Cypress. PETERSON LETTER AND APPLICATION The City Clerk read a letter from Amos Peterson with qualifications September 12, 1960 and background attached. Mr. Peterson asked for a position in the proposed Building Department. It was moved by Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, that said letter and attachments be received and filed. 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 9:50 P. M. until the next regular meeting. ATTEST Soh r ey M Gor on, September 12, 1960 u--0� Clerk r Thomas A. Baroldi, Mayor