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1960-11-14MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS November 14, 1960 The City Council of the City of Cypress met in a regular November 14 1960 at 7 30 P M Mayor Baroldi presiding PRESENT. Arrowood, Denni, McCarney and Baroldi ABSENT Van Dyke MINUTES It was unanimously 10, 1960 be session on Monday, moved by Councilman Arrowood seconded by Councilman Denni and carried that approval of the minutes of the meeting of October continued until the next meeting of the Council SECOND READING ORDINANCE x,73 RE FLY CONTROL. It was moved by Councilman McCarney seconded by Councilman Arrowood and unanimously carried that the Ordinance on fly control, ,-73, be read by title only ORDINANCE NO 73 AN ORDINANCE CF THE CITY OF CYPRESS RELATING TO FLY CONTROL AND PROTECTION OF PUBLIC HEALTH It was moved by Councilman McCarney and seconded by Councilman Arrowood that this Ordinance pass its second reading and be adopted by the following roll call vote AYES- NOES ABSENT- Arrowood, Denni McCarney and Earoldi None Van Dyke SECOND READING ORDINANCE #75 RE AMENDMENT TO ORDINANCE NO. 19 (City Manager) The City Clerk presented Ordinance No 75 regarding Amendment to Ordinance No 19 pertaining to duties of City Manager and Mayor Baroldi asked that this Ordinance be read in full The City Clerk then read Ordinance No 75 in full, title as follows. ORDINANCE NO 75 AN ORDINANCE OF THE CITY OF CYPRESS AMENDING ORDINANCE NO 19 AND RELATING TO THE DUTIES OF THE CITY MANAGER It was moved by Councilman McCarney and seconded by Councilman Denni that this Ordinance pass its second reading and be adopted by the following roll call vote AYES. NOES ABSENT. Arrowood Denni, McCarney and Baroldi None Van Dyke LAND USE ORDINANCE - The City Clerk presented request for permission to set the date for a public hearing on the matter of Amendment to Land Use Ordinance City Attorney Howell explained the procedure It was moved by Councilman McCarney seconded by Councilman Arrowood and unanimously carried, that the date for public hearing in regard to Amendment of Land Use Ordinance be set for December 12, 1960 -1- November 14, 1960 ACCEPTANCE OF EASEMENT DEED OF DR L H GLASER The City Clerk presented Easement Deed from Dr L H Glaser in favor of the City of Cypress After discussion, it was moved by Councilman Arrowood seconded by Councilman Denni and unanimously carried, that Easement Deed of Dr L H Glaser be accepted CYPRESS WATER DISTRICT ZONE CHANGE The City Clerk presented a request of the Cypress County Water District for a Zone Change from an R-4 to a C-2 Zone on the northwest corner of Walker and Orange for headquarters of their offices and reported that it was the recommendation of the Planning Commission, that this Zone Change be granted subject to conditions set forth The Mayor stated that this was the time and place for a public hearing and asked if anyone in the audience wished to speak in regard to this matter The applicant spoke in favor of Zone Change and presented sketch of proposed structure It was moved by Councilman McCarney, seconded by Councilman Arrowood and unanimously carried that this public hearing be closed After discussion and viewing sketch it was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that this Zone Change be granted subject to the conditions set forth by the Planning Commission CLARENCE DAVIS CONDITIONAL PERMIT CONTINUATION The City Clerk presented permit for Clarence Davis and asked if he was present in the audience Due to the absence of Mr Davis, it was moved by Councilman Arrowood, seconded by Councilman Denni and unanimously carried that this matter be continued until the next meeting of the Council CONDITIONAL PERMIT APPLICATION OF MR TUINHOUT The City Clerk presented application for Conditional Permit and reported that it was the recommendation of the Planning Commission that this permit be granted subject to the conditions set forth It was moved by Councilman Arrowood, seconded by Councilman Denni and unanimously carried that this permit be granted subject to conditions set forth by the Planning Commission MAIONI CONDITIONAL PERi•IIT APPLICATION: The City Clerk presented the Conditional Permit application of Mr Maioni and reported that the Planning Commission recommended approval subject to the conditions set forth Mr Maioni spoke on behalf of his application and after considerable discussion it was moved by Councilman Denni, seconded by Councilman McCarney and unanimously carried, that this permit be continued until the next Council meeting with the condition that Mr Maioni furnish the Council with photographs of the proposed relocation building, to which the applicant agreed VAN RUITEN CONDITIONAL PERMIT APPLICATION The City Clerk presented Conditional Permit Application and reported that the Planning Commission recommended approval subject to the conditions set forth After discussion, it was moved by Councilman Arrowood seconded by Councilman McCarney and unanimously carried, that this Permit be approved subject to the conditions set forth by the Planning Commission BRUINSMA, VAN LFFUWEN, HALLNER USE VARIANCE APPLICATION: The City Clerk presented this Use Variance application for approval of Tentative Map for Tract No 3966 showing 6,000 foot lots and reported that the Planning Commission recommended disapproval Mr William Bauman, 8906 West Olympic Boulevard, Beverly Hills, California was present and spoke on behalf of the developer After considerable discussion it was moved by Councilman Denni, seconded by Councilman McCarney and unanimously carried that Tentative Map for Tract No 3966 be taken under submission and continued for two weeks or until such time as a mutually agreed meeting between the City Council and the developer could be arranged with all members of the City Council being present -2- November 14, 1960 MARINE INDUSTRIA SUPPLY COMPANY USE VARIANCE APPLICATION- The City Clerk presented application of Marine Industrial Supply Company and rep r'rted that the Planning Com'±iss5.on ; .commen:led approval, subject to the conditions set forth The applicant spoke in behalf of his request Considerable discussion was held and it was moved by Councilman; McCarney seconded by Councilman Arro- wood, and unanimously carried that this Use Variance application be denied COMMUNICATION FRCM ADVISORY COMMITTEE OF ARTERIAL HIGHWAY FINANCING PROGRAM. The City Clerk read in full a communication from the Advisory Committee of the Arterial Highway Financing Program advising the City of Cypress their appli- cation had been denied, due to Master Plan not being approved until such time as Denni Street is included in Master Plan within the City limits of the City of Cypress After considerable discussion, it was moved by Councilman McCarney seconded by Councilman Arrowood, and unanimously carried that this matter be referred to the Planning Commission with the request that they proceed as quickly as possible to include Denni Street on the Master Plan between Cerritos and Katella that portion that is situated within the City limits of the City of Cypress CYPRESS SCHOOL DISTRICT RE. SCHOOL SITES The City Clerk read in full a communication from the Cypress School Board of Trustees stating the need for additional school sites Mr D T Mackay, President of the Board of Trustees, spoke on behalf of the School District in regard to school sites within the new subdivisions It was the feeling of the Council that when the tentative tract maps are presented, the school board would be notified in order that they could plan their school sites and present them at time final map is submitted to Council COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE. SO CALIFORNIA WATER COMPANY The City Clerk read a communication from the Public Utilities Commission advising that the Southern California 'Water Company has requested a hearing date for a rate increase but the hearing has not been set and the City will be notified at such time as it is established COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: PACIFIC TELEPHONE & TELEGRAPH COMPANY The City Clerk read a communication from the Public Utilities Commission advising that the Pacific Telephone & Telegraph Company has requested a hearing date for a rate increase, but the hearing has not been set and the City will be notified at such time as it is established CITY CLERK'S REPORT ON RECALL PETITIONS Mr John Zitny, Attorney presented each member of the Council and City Clerk with a restraining order in regard to consideration of recall petitions Mr Franklin Hamilton, attorney representing the proponent, spoke at length regarding the recall petitions It was declared by the Mayor that the Council would take up the remaining items on the Agenda and return to discussion of the recall petitions at the end of the meeting so that the attorneys would have ample time to read the restrain- ing order REGISTER OF DEMANDS. The City Clerk presented the register of demands to each member of the Council. It was moved by Councilman McCarney, seconded by Councilman Arrowood and unanimously carried that these demands be paid -3- November 14, 1960 PECCRD MAP FOR TRACT NO 3990• The City Engineer presented Record Map for Tract No 3990 for approval and reported that the Bond and Undertaking both had been submitted and were on file in the office of the City Clerk It was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that this Record Map be approved and the City Clerk and City Engineer be authorized to sign the official copies COMMUNICATION FROM CITY OF DAI 1LAND RE: POLICE CONTRACT The City Clerk read in full, communication from the City of Dairyland in regard to the contract for police services After considerable discussion, it was moved by Councilman McCarney, seconded by Councilman Arrowood and unani- mously carried, that the City Manager be directed to write a letter to the City of Dairyland notifying them the City Council would be willing to mutually cancel the contract at the end of 1960-1961 fiscal year, and would not insist on holding them to the contract through calendar year 1961 as contract provides but would not be willing to cancel the contract immediately as it would work an undue hardship on police personnel who would be no longer needed ARCHITECTURAL SERVICES FOR PRCPOSED CITY HALL The City Clerk presented recommendation that several architects be con- sulted to attend an informal meeting as soon as possible to discuss plans for a proposed new City Hall. It was moved by Councilman Denni seconded by Councilman McCarney and unanimously carried, that the City Manager contact several architects immediately and arrange a meeting with them to meet the City Council to discuss these matters RESTRAINING ORDER Mr Hamilton discoursed on the merits of the restraining order and in- sisted that the City Clerk present the certification to the Council, on advice of the City Attorney All of the officials named in the restraining order re- fused to take any action on the recall petitions ORAL COMMUNICATIONS Mr Shubin commended John Leal for attending City Council meeting while still disabled Mr Shubin asked about an article appearing in a local news- paper, whereupon the City Clerk reported this matter would be discussed at the next meeting when all members of the Council were present ATTORNEY ROGER HOWELL RESIGNATION• City Attorney, Roger Howell presented written communication to Mayor Baroldi stating his desire to resign his duties as City Attorney for the City of Cypress It was moved by Councilman Arrowood, seconded by Councilman McCarney and unani- mously carried that this resignation be accepted and a letter of appreciation be directed to Attorney Howell and further that Mr Howell remain as City Attorney until such time as a successor could be appointed and Herbert Walker, attorney be appointed as Prosecutor for a period of sixty days at an hourly rate for the purpose of concluding the court cases now pending ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman McCarney, seconded by Councilman Arrowood and unanimously carried that the Council adjourn at 10.30 P M ATTEST. Fred D Harber, City Clerk -4- November 14, 1960 Thomas A Baroldi, Mayor