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1960-12-19MiNUTY,S OF THE CITY UUUNUlL OF THE CITY OF CYPFESS HELD December 19,1960 The City Council of the City of Cypress met in a regular session on Monday, Dec- ember 191 1960, at 7.30 P.:1 , Mayor Baroldi presiding. PRESENT. Arrevoed, Denni, UcCarney, Van Dyke, and Baroldi ABSENT None Also present were City Manager Fred D. Herber, City Attorney William Camil and City Engineer John Toups MINUTES. It was moved by Councilman McCarney, seconded by Councilman Arrowood and unani- mously carried, that the Minutes of the meeting of November 29, 1960 be approved as mailed DISCTJSSION OF RECALL ETFCTION. The City Manager reported that he had been served with a writ of mandate a week ago and it was his understanding that this had since been rescinded and asked for a report from the City Attorney on the legal status of the Recall Election proceedings City Attorney Camil reported on the legal status of the recall election, and stated the City Council was under no legal compulsion at this time to set a date for the election, due to the fact the matter was in the hands of the Courts and no final de- cision has been made, therefore no action was taken by the City Council. ORAL COMMUNICATIONS: Mr. Howard Tatro, 5616 Newman, Anaheim, representing the Citizens Committee pre- sented the Council with petitions to reconsider Variance No 146 known as Bruinsma, Van Leeuwen, Hallaner The City Clerk read the petition in full and it was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that the petitions be received and filed Mx. Calvin Meekhofft 9731 Walker, Anaheim, served the City Council with a Per- emptory Writ of Mandate, whereupon the City Attorney reported that this does not change the legal status of the recall election at the present time, since an appeal has been filed on the Ur. it of Mandate which appeal automatically "stays" the Writ of Mandate Order tor. Meekhoff also presented the Council with a letter from Franklin T Hamil- ton, 458 South Spring Street, Los Angeles, as Attorney for the intervenors requesting the Council to set the date for the election It was moved by Councilman McCarney, seconded by Councilman Van Dyke and unanimously carried, that this written communi- cation be received and filed Mr. John Leal, 5962 Ball Road, Cypress, asked the Council the status of the Business License Ordinance and the collection of delinquent licenses for the fiscal year of 1958-59, 59-60, and 60-61 The City Manager reported that those years stated had not been collected and that letters had been sent out requesting payment of these licenses. Councilman Van Dyke stated that in 1957 the City Council agreed that the Business License tax would not be collected after that year, and under the direction of the Council a letter was mailed to all business license holders to the effect that the license would notbe collected after 1957 Councilman Van Dyke stated further that as Mayor, after the letter had been mailed out in 1957, City Attorney Rodger Howell informed him that the business license ordinance should be amended eliminating the business license fees on farmers, dairymen, and poultrymen, that he (then Mayor Van Dyke) told Attorney Howell, "There was plenty of time and after all the money might be needed so to not be in a hurry about amending the Ordinance" Councilman Van Dyke stated that still later City Manager Wesenberg told him(Mayor Van Dyke) that the business license Ordinance should be amended to eliminate the license fee on Dairymen, farmers, and poultrymen and that he, Van Dyke, again said, "There is still plenty of time and after all re don't know but what we may need the money" Councilman Van Dyke further stated that from this point, the matter was forgotten by all parties concerned until in July of 1958, when several dairymen went to City Hall to pay their license fees and were told that they were no longer being collected, and in his opinion the whole thing had just been overlooked and was an oversight and should be corrected by making a motion to that effect It was established that the Ordinance setting forth, the Business License fees hc-,. not been amended, that the Council did intend in 1957 to amend the Ordinance by Exemption of Farmers, Dairymen, and Poultrymen; that the Ordinance had not been amended, that license fees had not been collected from this group for three years; that the business license Ordinance had been enforced in all other respects for such period of time, and on this determination of facts, Attorney Camil gave as his opinion that the City Officials must collect the fees as specified or be liable on their Bonds and if the Council directed that such iees be not coileeted thoy would be making a "gift of public funds" and tight be personally liable under a tax -payers suit. Considerable discueei.on wee held with regard to amending the Business License Ordinance for the future and it was roved by Councilman Vein Dyke, seconded by Council- man MJF arroy, that this matter be tabled until such time as a Now Ordinance could be drafted and study given to it, to be prepaved as soon as possible Roll call vote was as follows. AlEb. COUN'CIIMEN- Arrowood, Denni, McCarney, Van Dyke, and Baroldi COUNC:i:Lia[EN None ABSENT: COUNCILIN. None Councilman Van Dyke stated that his Attorney had advised him that the Council could forgive the uncollected business licenses without incurring any liability on themselves or officers of the City City Attorney Camil suggested that perhaps the Council would prefer independent legal advice, whereupon it was then moved by Council- man Van Dyke, seconded by Councilman Denni and unanimously carried, that two City Attorneys other than the Cypress City Attorney be contacted for their opinion as to whether the delinquent fees could be forgiven or in any legal manner be not collected. Roll call votewas as follows: AYES. Arrowood, Denni, McCarney, Van Dyke, and Ba_oldi FUi3LIC UE;.RING: APPLICATION OF LEAAL SIEGERS AND MORITA: The iviiayor announced that this was the time and place for the public hearing to rezone property on the west side of Miller from an A-2 Zone to a C-2 Zone, (General Business District) as requested by Leal, Slegers, and Morita Mr Edwin Mahoney, 10245 Miranda, Buena Park, addressed the Council objecting to the proposed zone change unless it could be determined what type of business would be going in this location Mrs Bowers, 10256 Miranda, Buena Park, spoke objecting to the proposed zone change also unless it could be determined what type of business would be going in this location Mr, Bill Asawa, 921 South Beach, Anaheim, addressed the Council representing the applicants and recommended approval of the proposed zone change, and stated that at this time it was not possible to determine what type of businesses would be located in the area. It was moved by Councilman Arrowood, seconded by Councilman Denni, and unani- mously carried, that the public hearing be closed, After further discussion, it was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, that the proposed zone change be not approved, and the Council concur in the conclusion of the Planning Commission to be as follows. that this property is suitable for C-2 zoning and that when a precise plan for development is submitted for C-2 with tenants and suitable guarantees of development proceeding expeditiously. PUJBLIC HEARING RE: AMENDMENT TO ORDINANCE NO 41 t'CEM DISTRICTS) The Mayor announced that this was a public hearing and asked if anyone in the audience wished to speak regarding the amendment Mr Eugene Blaylock, Attorney 'or Forest Lawn addressed the Council speaking for the amendment. There were no prote:st.^ from the audience It was then moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, that the public hearing be closed After considerao3.c discussion with the applicants it was moved by Councilman Denni, seconded by Couneii. ;n.in McCarney, and unanimously carried, that this matter of the amendment to Ordinance No 41 concerning CEM Districts be taken under submission until the next regular meeting of the Council and in the meanttne direct the City Manager and City Engineea to make a full and complete study on this matter. Roll call vote was as follows. AYES. Arrowood, Denni, McCarney, Van Dyke, and Baroldi APPLICATION FOR CONDITIONAL USE PERMIT FOR CLOFNCE DAVIS - C-131. The City Clerk presented application fur Conditional Use Permit of Clarence Davis to move the existing single family dwelling to the rear of the property and to con- struct a new building for commercial use in its place After considerable discussion it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously -2- V J carried, that the Conditional Use Permit No. C-131 be approved subject to the con- ditions set forth by the Planning Commission and in addition thereto the following condition be added. Applicant comply wSth existing setback regulations Private Drive to roar improvements to be posted "No Stopping, standing or parking in drive at any time", and said order to be enforced at all times by applicant APPLICATION FOR CONDITIONAL USE PEFMIT FOR PHILIP AND HARRIET MAIONI C-132: The City Clerk prevented application for Conditional Use Permit C-132 as re- quested by Philip and Ha•ii.etMaioni to relocate a single family dwelling east of 6C81 Orange Avenue. Afte:e discussion, it was moved by Councilman McCarney, seconded by Councilman Van Dyke, aid uaaaimously carried, that this Conditional Use Permit ND C-132 be approved subje. t to the following conditions: 1 That applicant post bond or cash equivalent to the cost of constructing curbs and gutters along Orange Avenue, for the full 100 feet of applicants' property, in the amount of $175 00 cash or bond. 2. That applicants' attention be drawn to the fact that they are moving next to an existing manufacturing use in a properly zoned area and that they could and should anticipate future noise disturbances and these are the chances they are taking 3. That applicant dedicate the full 100 feet for the purpose of widening Orange Avenue. It was then moved by Councilman Van Dyke, seconded by Councilman McCarney, and unanimously carried, that the Relocation permit be issued upon compliance with the above listed conditions. SF!"0ND READINC ORDINANCE RE: Rezoning for Cypress 'rater District. The Ordinance rezoning certain parcel of land within the City to a C-2 Zone was presented by the City Clerk After discussion it was moved by Councilman Arrowood, saconued by Councilman I.IcCarney, and carried, that this Ordinance be read by title only. Councilman Van Dyke abstained from voting ORDINANCE NO, 80 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING ORDINANCE NO 41, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY TO ZONE C-2 It was moved by Councilman Arrowood, seconded by Councilman McCarney and carried that this Ordinance pass its second reading and be adopted by the following vote. A'S'S. Arrowood, Denni, McCarney, and Baroldi ATiOTAIN: Van Dyke NOES- None ABSENT None RESOLUTION ALI,ONING CLAIMS AND DELL NDS: (Payroll) The following Resolution was presented by the City Clerk: RESOLUTION NO 136 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CL':fl4S AND DEN4N?)S NOS 3001 TERU 3018, NCS 3020 THRU 3030, NO 3100 AND NO 3106. It was moved by Councilman Arrowood, seconded by Councilman McCarney and unani- zsly carried, that this Resolution be adopted by the following called vote. AYES- Arrowood, Denni, EcCarney, Van Dyke, Baroldi NOES: None ABSENT' None RESOLUTION ALLOVJINC CLAIMS AND Dr:„�.hNAS: Other The following Resolution was presented by the City Clerk - RESOLUTION NO 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DEMANDS, NCS 3031 THRU 3089 It was moved by Councilman McCarney, seconded by Councilman Denni, and unani- mously carried, that this Resolution be adopted by the following called vote AYES. Arrewuod, Denni.McCarney, Van Dyke, and Baroldi NOES: None ASSENT: Nene FIRST READING ORDINI,: ERE: CURFEW: It was moved by Counr.ilm n Van Dvvko, seconded by Councilman EcCarney and unani- mously carried, that this -;;it,_o be _'ea:i by title only ORDINANCE NO AN ORDINANCE OF TIT (, 3'.. U.V OYPRESSAWDINtx ORDINANCE NO 48, WITH RESPECT TO CURFEWS It was ;roved by Counciiva;z L.'Carney, seconded by Councilman Denni, and unanimously carried that this Ordinance pass first reading by the following called vote. AYES • A rrowood s .� „nr•.. , McCarney, Van Dyke, and Baroldi NOS. Non.. ABSENT: None APPLICATION FOR C J: DITIONAL USE PERMIT, C. GOUYD, 0-125 AMENDMENT: Application for Conditional. Use Permit C-125 Amendment was presented by the City Clerk as requested by C Gouyd to erect 2 two family dwellings on a single building After cons:Lderab1e discussicn it was moved by Councilman McCarney, seconded by Councilman Denni and unanimously carried, that this application be denied. APPLICATION FOR USE VARIANCE FERE?T UV -.148 ALL AMERICAN MARKET: The app ...:ation for Use Variance Permit UV -148 as requested by the All American Marke' to i'lc,uili a sign at their location, was presented, After discussion it was moved by Cou�.�ilman McCarney, seconded by Councilman Van Dyke and unanimously carried, that this Use Variance Permit be granted RESOLUTION OF PLANNING COMMISSION RE: ZONE CHANCES ON WETZEL AND DEPOLTER ANNEXATIONS: Me City IJanager presented recommendation of the Planning Commission to initiate proceedings for zone changes on the land included in the Wetzel and DePolter Annex- ation to zone such property as recommended at the time of annexation. It was dis- cussed and unanimously agreed by the City Council that the Administrative staff take the necessary steps to initiate such proceedings MASTEP. PLL N FOR DR4Tr : The City I:Ianaue.r introduced a discussion on the master drainage plan for the City o:. Cypress and recommended that at least three areas be set up into a district immedLu ely as follows: 1 A parcel of 80 acres from Bali Road to Orange Avenue easterly of Walker. 2. A parcel of 1 30 acres from Talker to Moody and from Ball Road to Orange Avenue. 3 North of Orange, South of Lincoln, and clear across the City After con _Ie ~able discussion, it was moved by Councilman Denni, seconded by r'-:•unc.Iman McCa:cr:3y, an ! unanimously carried, that the City Engineer and City Attorney oe directed to prepare Master Drainage Plan for the three areas outlined by the City Manager puz want •:; the Business and Professions Code Roll call vote as follows. AYES Arrowood, Denn:i, I'lcCarney, Van Dyke, and Baroldi NOES: None ABSENT. None WIREEMENT VITH SUBDIVIDER: After considerable discussion on the improvements of Ball Road, it was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that the City Manager be authorized to negotiate with the subdivider for additional drain- age facilities in lieu of improvements on Ball Road, the Subdivider to be given credit for the additional cost against tiie cost of improvements on Ball Road, and the sub- divider to pay the difference incash to the City of Cypress and authorize the City Manager and City Clerk to sign Idle contract. RESOLUTION RE: LIGHTING DI_ TRI TS: The City Manager presented Resolution concerning the Formation of Lighting Districts, title to read as fo1love. RESOLUTION NO. 138 i. RESOLUTION OF THE CITY COUNCIL 0)' THF CITY OF CYFTt,FSS, COUNTY OF ORANGE, STATE OF CALIFORNIA, CRDLPING THE CITY ENGINEER TO PREPARE AN ASSESSMENT, DIAGRAM, PLANS, SPECIFICATIONS, ESTIMATE AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, S'IREi+.".2S AND HIGI ':AYS CODE, STAF OF CALIFCRNIk, AS AMENDED, REFERRED TO AS "STREET LfGII! TNG ACT OF 1919" FOR THE INSTALIATION OF, THE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHTING SYSTEM IN SAID CITY FOR A PERIOD OF THREE IELBS BEGINNING 2-1544 AND ENDING )-14-64 It wa,a moved by Councilman Van Dyke, seconded by Councilman Denni, and unani- nouely carried, that this Resolution be adopted by the following called vote: AYES: COUNCIII:IEIv: Arrowood, Denni, McCarney, Van Dyke, and Baroldi NOES • C OUNC IL't' EN • None ABSENT. COUNCIUVIEN. None BONDS FEES UNDERTAKINGS ON TRACTS 3911 AND 4004' The City Manager presented. the Bon.1e, Fees, and Undertakings on Tract 4004, and reported that this Tract was in the Les Alamitos School District The City Engineer presented the Record Map After discussion, it was moved by.Co-,7tcilmdn Ponr..i, seconded by Councilman McCarney, and unanimously carried, that the City accept and approve the street dedications, Record Map, and authorization for the Mayor and City Clerk to sign the final map The City I,Ianager presented the Bonds, Undertakings, and Fees on Tract 3911 and .reported that this Tract was in the Cypress School District The City Engineer pre- sented the, Record Map. Mr Dan Mackay, representing the Board of Trustee of the Cypress School District addressed the Council in regard to propcsed school sites and aeked for approval of a third school site to be located in Tract 3911 Councilman Denni asked if this school site would be required if there were no future development other than the Standard Subdivision Traet and Mr. Mackay stated that this school site wao required in anticipation of further development In the dis- cussion it was pointed out that the City Council as a condition of granting a Variance to Standard Development had required the Subdivider to reserve school sites as required by the Cypress School District It was further pointed out that the Master Plan of Sehoc,is adopted by the Cypress School District required one school site for each 160 acres developed residentially; that Standard Development Company was developing less than 320 acres residentially in the Cypress School District and had reserved two scjroo'. ,cites for the Cypress School District, thus satisfying the obligation to pro. vide school sites to take care of the children from the hones which they construeted It was further determined that the Cypress School District had taken no action towards certifying areas for condemnation or otherwise, in order to provide the District win any wheel sites and any portion of the southern part of Cypress Councilman. Denni toted that he felt the Council had kept faith with the people of Cypress and the Cypress School Uistrict by requiring the Subdivider to set aside the two school sites which were admitted by Mr Mackay to be sufficient to care for the children from the Lomes Standard Development would construct in the Cypress School District. It was moved by Criun:i1man Denni, seconded by Councilman McCarney and carried that tie Final Map of '1 react No 3911 and street dedications be approved as subrn it od end authorization for Mayor and City Clerk to sign record map. Roll call vote as AYES. Denni, McCarney a; c1 Baroldi NOES- Arrowcod and Van i .:!ke ABSENT. Ione 'BJ'.F IC HA? RRD; ON CERRITOS AVENUE: The Mayor brought to the attention of the Council a traffic hazard on Cerritos and requested that 2 yellow caution signs be placed on the curve. The City Lanager -5- r - ported that this was the responsibility of Orange County at the present time and hurl been contacted about the hazard, but they would remind them again to have ;he matel toa.en care of, AI) TOM1lIiTIT Mere being no further business to come before the Council, it was moved by Co. nci.Lnan Arr wood, seconded by Councilman McCarney and unanimously carried, that -Z,he Council adjourn at 1is3O P.M., until January 16, 1961 Thomas A. Baroldi, Mayor ATTEST. City Clerk