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1960-10-10MINUTE: OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS 0: to':er 10 1)6,0 The City Council of the City of Cypress met in a regular meeting called to order by Mayor Baroldi in the City Hall, 9352 `,talker Street, at 7:30 o'clock P M 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 Attorney Howell, City Engineer Toups, and City Manager -City Clerk Harber MINUTES It was moved by Councilman McCarney, seconded by Councilman Van Dyke, that the minutes of the meeting of September 12, 1960, be approved as submitted Councilman Denni requested that a correction be made on the seventh page under the heading, "SILVA COMPL.AINT," to show that the letter which he had passed on to the Mayor had been handed to him by the complainant, Mr. Silva Councilman McCarney, with permission of the second, amended his motion to include said correction, which amended motion was then unanimously carried Upon motion of Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, the minutes of the meeting of September 19, 1960, were approved as submitted KUPPENS CONDITIONAL PERMIT APPLICATION CONTINUATION The City Clerk presented and read a memo of conclusions reached at a meeting held on September 23, 1960, at the County Highway Department Said report was made a part of the official file The City Manager stated that he had discussed the street situation with Mr Beekman, Mr. Vessels and others and he felt that the areas of disagreement could be worked out The City Engineer stated that the 50 foot dedication would be gdequate if a wider street is found to be necessary. Mr Chaffee and Mr Elliott were recognized in turn by the Chair and spoke on behalf of Fox Theaters Following lengthy discussion of street width, traffic, dust, noise, lights, income to the City, drainage and dedication for street widening purposes, it was moved by Councilman Van Dyke, seconded by Councilman Arrowood, that conditional permit application No C-127 of ':J C Kuppens to permit the establishment of a drive-in theater on his property on Cerritos Avenue be granted in accordance with the application and plot plan with the following conditions 1 That applicants dedicate an area 50 feet from the center line of Cerritos Avenue for the full length of the theater frontage and make an irrevocable offer of dedication of another 10 feet 2 That applicants put in full street improvements along the theater frontage on Cerritos Avenue to the satisfaction of the City Engineer, 3 That traffic control both within and without the premises and access and egress to the theater area be worked out to the satisfaction of the City Manager; 4 That drainage of the area be provided to the satisfaction of the City Engineer, 5 That lights be screened so that they will not reflect on the street or surrounding property; -1- October 10, 1960 6 That fences be provided of a type and height approved by City Managex to adequately screen the area from street and surrounding property and contain the noises to the premiss and. of a type of material that would have least detrimental effe•;t on :ad;jc.cent property values, in- cluding if required screening plants, trees and/or shrubbery 7 That the entire area inside be paved with asphalt paving to control dust, 8 That the location of the screen be subject to location approved by City Manager and City E gine:er considering traffic safety, and interference with surrounding property in order to minimize future problems as to noise and distracting influences to motorists and adjacent property users 9 That competent adult supervision be maintained on the premises at all times when open to the public to assure proper decorum and order in, on, and about the premises Said motion was unanimously carried by the following roll call vote. AYES• Councilmen Arrowood, Denni, McCarney, Van Dyke and Baroldi NOES. None ABSENT None Representatives of Fox Theaters agreed to the conditions imposed LEANDERS CONDITIONAL PERMIT The City Clerk presented the conditional permit application No C-128 of Mrs Harriet E Leanders to permit the continued operation of an automobile wrecking yard and retail sale of used automobile parts on the east side of Bloomfield approximately 800 feet north of Ball Road He stated that the Planning Commission had recommended approval for a period of two years Following discussion, upon motion of Councilman McCarney, seconded by Council- man Van Dyke and unanimously carried, conditional permit application No C-128 was granted as requested with the following conditions: 1 That the permit be for a period of two (2) years, expiring on October 10, 1962• 2 That the sign advertising the business be located at least 50 feet from the center line of Bloomfield Avenue, 3 That the fence surrounding the property be maintained in a good state of repair and appearance; 4 Premises outside the fenced area be maintained in a clean and orderly manner with all cars and parts of cars kept within fence DAVIS CONDITIONAL PERMIT The City Clerk presented conditional permit application No C-131 of Clarence and Vivian Davis The City Clerk read the recommendation of the Planning Commission Following discussion, upon motion of Councilman McCarney seconded by Councilman Arrowood and unanimously carried, the matter was continued until the next regular meeting SPEHAR ZONE CHANGE A3PLICATION The City Clerk stated that this was the time and place as noticed for public hearing on zone change application No Z•7 of Raymond Spehar The City Clerk stated that the Panning Commission had recommended denial on the grounds that it would be spot zoning and recommended considering rezoning of the property at the time the surrounding property is rezoned It was asked if anyone present wished to be heard There being no one wishing to be heard and no written communication having been received, upon motion of Councilman McCarney, seconded -2- October 10, 1960 by Councilman Denni and unanimously carried, the public hearing was closed Upon motion of Councilman McCarney, seconded by Councilman Denni and unanimously carried, zone change application No Z-7 was denied. DR. GLASER CONDITIONAL PER :IT APPLICATION CONTINUATION DATION The City Clerk stated that this matter had been continued from the last Council meeting The recommendation of the Planning Commission and the discussion at the previous meeting were reviewed Following discussion, upon motion of Councilman Arrowood, seconded by Councilman Denni and unanimously carried, con- ditional permit application No C--129 was granted for a period of two years, expiring on October 10, 1962, with the following conditions. 1 That the property owner dedicate to the City of Cypress for street improvement purposes, an area 60 feet from the centerline of Miller Street and the full width of the property, Lot F, as indicated on the plot plan, 2 That a bond or cash be submitted to the City of Cypress by the appli- cant, guaranteeing construction of concrete curb and gutter the entire length of the property, Lot F, at the time of street widening, the amount of said bond or cash to be determined by the City Engineer; 3 That the building be enclosed with new corrugated siding, 4 That a toilet, wash basin and septic tank be provided, 5 That the operations meet with the approval of the Air Pollution Control District FLY CONTROL ORDINANCE The City Attorney presented a proposed ordinance to provide for fly control The City Attorney explained the procedures as defined by the ordinance Following discussion it was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that said Ordinance, No 73, be read by title only Thereupon, said title was read by the City Attorney It was moved by Councilman Arrowood, seconded by Councilman McCarney and un- animously carried, that said ordinance, No 73, be introduced and passed on to second reading and final adoption. REGISTER OF DEMANDS Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and un- animously carried, the Register of Demands for the month of October, 1960 was approved as presented Resolution No 133, authorizing the opening of a new account at the Bank of America, Lincoln and Knott Branch, and authorizing the Treasurer and Director of Finance to invest surplus City funds in Treasury notes or savings accounts, was unanimously adopted by the following roll call vote: AYES: Councilmen Arrowood, Denni, McCarney, Van Dyke and Baroldi NOES None ABSENT: Non_e CITY REPRESENTATIVE ON SCHOOL SITES The City Manager stated that he had suggested a meeting between the property owners the representative of the State Board of Education, and a representative from the City to discuss school sites south of Ball between Miller and Denni The meeting was to be held on Thursday, October 13, at 9 00 A M at the Cypress School. He pointed out that the City has no authority as to the selection of school sites but that City should be represented for information Mayor Baroldi appointed the City Manager to represent the City and suggested that any Council- man who could attend should do so Mr Morita, one of the property owners in- volved, was recognized by the Chair and stated that one of the school sites -3- October 10, 1960 involved his property He asked assistance from the City Council to keep from being forced off his property Mr Gibson was recognized by the Chair and ex- plained that he and Er Hanna had met with Mr Mackay and Miss Dickerson and that Mr Mackay and Miss Dickerson had picked out the school sites; that he had provided the legal description only, that he had at no time indicated that Standard Development owned the property ORDIN. NCE AMENDING CITY MANAGER ORDINANCE This matter was passed over temporarily AMENDMENT TO BUILDING CODE ORDINANCE The City Manager presented and the City Attorney read an ordinance amending Ordinance No 23, adopting Orange County Building Codes, to adopt the latest amendment to the Orange County codes Upon motion of Councilman Arrowood, seconded by Councilman McCarney, said Ordinance No 76 was introduced, read, passed and adopted as an urgency measure, which motion was unanimously carried by the following roll call vote AYES- Councilmen Arrowood, Denni, McCarney, Van Dyke and Baroldi NOES. None ABSENT None RESIDENTIAL SUBDIVISION ORDINANCE The City Manager presented a proposed ordinance governing residential sub- division development in the City He recommended adoption as an urgency measure since the City needed to collect fees for engineering services and other services. There followed discussion as to what was covered by the ordinance and the possibility of collecting park fees The City Attorney stated that said ordinance appears to be substantially the same as the old one which had been considered The City Engineer recommended adopting said ordi- nance Councilman Denni suggested adopting said ordinance as an emergency measure and amending it later if necessary The City Attorney read said ordinance Thereupon, it was moved by Councilman McCarney, seconded by Councilman Arrowood, that Ordinance No 77 governing residential subdivisions in the City be introduced and passed and adopted as an urgency measure, which motion was unanimously carried by the following roll call vote AYES: Councilmen Arrowood, Denni, McCarney, Van Dyke and Baroldi NOES' None ABSENT: None STREETS AND HIGHWAYS REPORTS SIGNATURE Upon motion of Councilman Arrowood, seconded by Councilman McCarney and un- animously carried, Resolution No 134 authorizing City Engineer John M Toups to sign reports to the State Division of Highways was adopted FLOOD DAMAGE CLAIMS SIGNATURE Upon motion of Councilman Arrowood, seconded by Councilman McCarney and un- animously carried, Resolution No 135 authorizing City Engineer John M Toups to sign reports and claims for flood damage under the act of 1958 was adopted by the following roll call vote' AYES Councilmen Arrowood, Denni, McCarney Van Dyke and Baroldi NOES. ;Tone ABSENT. None -4- October 10, 1960 HOLDER STREET RAILROAD CROSSING The City Manager presented and read a communication from the City of Buena Park regarding the opening of Holder Street across the Pacific Electric Rail- way Company tracks and requesting that the City of Cypress contribute funds in the amount of 44,128 00 which is approximately one-half of the cost of railroad crossing. The letter stated that the City of Buena Park would handle the bal- ance of the total project which including paving, was estimated at $17,000 00 Following discussion, it was moved by Councilman Arrowood, seconded by Council- man Denni and unanimously carried, that the City of Cypress participate in said project as outlined in said communication from the City of Buena Park, and that of the '48,000 00 which has been budgeted, '44,128.00 is hereby authorized to be spent for said project REPLACEMENT OF POLICE VEHICL_S The City Manager presented and read the request of the Chief of Police for authority to proceed with the purchase of a new car for the Police Department The Police Chief stated that he would like to trade in the 1959 Chevrolet and purchase another car if possible After discussion it was moved by Councilman Van Dyke, seconded by Councilman Arrowood and unanimously carried, that the City Manager and the Police Chief are authorized to purchase a new car to re- place the Chevrolet CONFERENCE ATTENDANCE BY POLICE CHIJb Upon motion of Councilman Denni, seconded by Councilman Arrowood and unani- mously carried, the Police Chief was authorized to attend the Chiefs' section of the League of California Cities conference in Los Angeles on October 23 through 26 with reasonable expenses to be paid by the City and a report made to the Council PISTOL RANGE AGREEMENT Upon motion of Councilman Van Dyke, seconded by Councilman McCarney and unani- mously carried, the Mayor and the City Clerk were authorized to execute the agreement with the Orange County Peace Officers' Association for the use of their firing range by Cypress Police Department personnel BEER -WINE OFF SALE APPLICATION OF ALL-AMERICAN MARKET The City Manager presented for the Council's information a copy of the appli- cation of the Greater All-American Market for a license for off -sale of beer and wine The Council ordered said application information to be received and filed CITY CLERK REPORT ON RECALL PETITIONS City Clerk Harber reported that, due to the fact that the office of the Registrar of Voters had not completed the task of placing the names of recently registered voters in the Great Register, he had been unable to completely check the names on the petitions for recall of Mayor Baroldi and Councilman McCarney He stated that he expected to finish checking the names on the following day and would then make a formal report. He stated that there appeared to be about 740 re- gistered voters in the City of Cypress The Chair recognized Mr Calvin Meekhof who requested that the meeting be adjourned to the following night or the earliest time that the petitions could be certified by the City Clerk. There followed considerable discussion as to the time of the filing the petitions Mr Harber stated that he was asked to make himself available to accept the petitions on September 26 and that he received his bond on the morning of that date and that he did receive the petitions on that date Councilman Arrowood moved that Mr Meekhof's request be granted, which motion failed for lack of a second COMMITTEE REPORTS Mayor Baroldi reported that the fee schedule committee had been unable to meet because of conflicting schedules of the members He stated that he still had received no answer to the City's bid for land for the City Hall site and that he would try to effect a meeting some time during the following week He stated -5- October 10, 1960 that he thought work should be started as soon as possible on the new City Hall, that an architect should be hired and the plans prepared CITY MASTER PLAN It was moved by Councilman Denni, seconded by Councilman Van Dyke, that a committee be formed to obtain professional help in formulating a master plan for the development of the City Following lengthy discussion, Councilman Denni, with permission of the second, amended his motion to read• That the City Manager, City Engineer and City Attorney be appointed as a committee to submit a recommendation at the next regular meeting on a master plan for the development of the City Said motion was unanimously carried TRAFFIC SIGNALS REPORT In answer to a question by Mr William Shubin, the City Engineer reported that plans for both traffic signals on Lincoln Avenue have been reviewed and approved and that one signal is scheduled to be in operation by the end of the year On the other signal, no schedule has been set CITY TREASURER ATTENDANCE AT MEETINGS Mr Shubin stated that he was wondering why the Treasurer never attends the Council meetings Councilman Denni suggested that the matter be looked into Mayor Baroldi stated that he would speak to the Treasurer. ORDINANCE AUTHORIZING REMOVAL OF VEHICLES The City Clerk presented for second reading Ordinance No 74 authorizing re- moval of vehicles parked more than 120 hours on the public right-of-way It was moved by Councilman Arrowood, seconded by Councilman AcCarney and unani- mously carried, that said ordinance be read by title only Thereupon, the City Attorney did read the title of said ordinance It was moved by Council- man Arrowood, seconded by Councilman McCarney, that said Ordinance No 74 be passed and adopted, which motion was unanimously carried by the following roll call vote: AYES Councilmen Arrowood, Denni, McCarney, Van Dyke and Baroldi NOES: None ABSENT None SEWER SERVICES City Manager Harber brought up the question of the City taking jurisdiction over the new sewer lines which will be installed in the Standard Development Corporation subdivision. It was moved by Councilman Arrowood, seconded by Councilman Denni that this tract be sewered through the governmental agency of the City of Cypress Following lengthy discussion, said motion was unani- mously carried with Councilman Van Dyke refraining from voting LETTER RE STANTON FLOOD CONTROL CHANNEL The City Clerk presented a letter from the Orange County Flood Control District in regard to the construction of a concrete -lined channel across the southern section of the City No action was needed TRACT NO. 3949 ACCEPTANCE The City Engineer presented Tract Map No 3949, covering 149 lots in an area north of the Carbon Creek channel between Walker and Moody Streets The Engineer stated that he had checked the map and found it to be technically correc' and substantially in accordance with tentative map and that it would be in order to accept the offer of street dedication contained thereon. The City Clerk stated that the bonds have been posted and approved as being correct Upon motion of Councilman McCarney, seconded by Councilman Denni and unani- mously carried, Tract Map No. 3949 was accepted and the offer of dedication of streets contained thereon was accepted and the City Clerk was authorized to sign the tract map on behalf of the City of Cypress -b- October 10, 1960 TRACT NO 3955 ACCEPTANCE The City Engineer presented Tract Map No 3955 covering 240 1n+s south of the Carbon Creek channel between ':'alker and Moody Street mately half way to Cerritos Avenue The City Manager pointed out map contains an area designated by the Cypress School Board as a Upon motion of Councilman McCarney, seconded by Councilman Denni mously carried, Tract Map No 3955 was accepted and the offer of of streets contained thereon was accepted and the City Clerk was to sign the tract map on behalf cf the City in an area , approxi - that this school site and unani- dedication authorized It was moved by Councilman Arrowood that the meeting be adjourned until October 17 at. 6.00 o'clock P M., which motion was seconded by Councilman Van Dyke and failed to carry by a vote of three (3) Noes to one (1) Yes The vote was as follows on roll call. AYES: NOES ABSENT. Councilman Arrowood Councilmen Denni, McCarney and Baroldi None (Van Dyke Abstaining) ADJOU RN ,ENT There being no further business to come before the Council, upon motion of Councilman McCarney seconded by Councilman Arrowood and unanimously carried the meeting was adjourned at 11 05 o'clock P M until the next regular meeting ATTEST. Fred D. Harber, City Clerk October 10, 1960 -rte/eZI ✓o Thomas A Baroldi, Mayor