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1957-05-13MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF DAIRY CITY May 13, 1957 A regular meeting of the City Council of the City of Dairy City was called to order in the City Hall, 9352 Walker Street, at 7 30 o'clock P ,, with Mayor Van Dyke presiding. Councilmen present A.E Arnold, W J Arrowood, T A Baroldi, J Van Dyke, and J Van Leeuwen, Jr Councilmen absent None City officials present• City Clerk Olsthoorn, City Engineer Neff, City Manager -Deputy Clerk Wesenberg, and City Attorney Howell Minutes of the regular meeting of April 8, 1957, were read by the Deputy Clerk Upon motion of Councilman Arrowood seconded by Councilman Van Leeuwen, and unanimously carried, the minutes were approved as read. Minutes of the adjourned regular meeting of April 16, 1957, were read by the Deputy Clerk Upon motion of Councilman Arrowood seconded by Councilman Baroldi, and unanimously carried, the minutes were approved as read Minutes of the special meeting of April 25, 1957, were read by the Deputy Clerk Upon motion of Councilman Van. Leeuwen, seconded by Councilman Arrowood, and unanimously carried, the minutes were approved as read CITY MANAGER Or3.DINANCE A proposed ordinance, No 19, entitled "AN ORDINANCE OF THE CITY OF DAIRY CITY CREATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY AND DEFINING THE AUTHORITY, POWER AND DUTIES OF THE CITY MANAGER," was presented for second reading After the reading of the title of said ordinance by the Deputy Clerk, it was moved by Councilman Arrowood seconded by Council- man Baroldi, and unanimously carried, that further reading of said ordinance be waived Thereupon it was moved by Councilman Baroldi, seconded by Councilman Arrowood, that said ordinance be adopted, which motion. was carried by the following roll call vote AYES Councilmen Arnold, Arrowood, Baroldi, Van Dyke, and Van Leeuwen May 13, 1957 -1- NOES None ABSENT* None CARDOZA VARIANCE There was presented for the Council's action a request by i'ir. Frank Cardoza {'or a land use variance to build a dairy on Moody Street just north. of Orange Avenue in an H-4 zone The lleputy Clerk stated that the Citizens' Advisory Committee had approved the request and that the County Planning Commission had also ap- proved, with the following conditions. (a) Applicant will meet the conditions set forth in the Health Department letter which was attached to the recommendation, (b) Applicant will dedicate an easement of forty (40) feet from the centerline of Moody Street, (c) Applicant will improve Moody Street, including curbs, gutters, etc.; (d) Applicant will submit proof that these condi- tions have been met After discussion, during which the plot plan was carefully studied, Councilman Arnold moved that the Council grant the request for a variance with the following changes in the conditions (a) Applicant will not be required to improve Moody Street or to put in curbs and gutters, (b) Applicant will black top, between the present pavement and a line forty (40) feet from the centerline of the street, a driveway three (3) inches deep and sixteen (16) feet wide, leading to his barn, and three (3) inches deep and ten (10) feet wide leading to his house; (c) Ap;-lica.nt will be required to dedicate an easement of forty (40) feet from the centerline of Nioody Street, according to the length limits as established by the Planning Comihission, only in case of widening of the street, (d) All buildings will be set back seventy-five (75) feet from the centerline of foody Street. l he motion was seconded by Councilman Van Leeuwen and unanimously carried SILVA VARIANCE - DEDICATION Mr Anthony Silva stated that he had not as yet received his -2- Viay 13, 1957 variance from the County for his truck storage yard because he had not been able to get his mortgage holders to consent to the deeding of the easement as required by the County Planning Commission. After much discussion of the problem, the City Attorney suggested that Mr Silva offer to sign a quit claim deed and that that should solve the problem Mr Silva, also brought up the question of blacktopping his driveway from his storage yard out to the road He stated that he had spent x1,100 00 on decomposed granite and that he couldn't afford the added expense of blacktopping. Mr Silva stated that his variance restricts him to three (3) trucks and he is in the pro- cess of buying another truck. After discussion of these prob- lems, it was moved by Councilman Arnold that Mr Silva's variance be amended to eliminate the blacktopping of the driveway as originally required Councilman Arrowood seconded the motion Councilman Arnold then amended his motion to increase the number of trucks to be stored in the yard from three (3) to six (6). Councilman Arrowood seconded the amended motion The motion was unanimously carried REGISTER OF DEMANDS The City Manager presented the Register of Demands for the Council's approval He stated that the City had received from the State of California a check for 41,212.00, representing gas tax funds for street maintenance for the fiscal year 1956-57, and another check for 472.00, which was a refund from the Bureau of the Census It was moved by Councilman Baroldi, seconded by Councilman Arrowood, and unanimously carried, that the Register of Demands be approved STREET REPORT RESOLUTION A proposed resolution, No 21, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAIRY CITY GOVERNING STREET REPORT," was read by the Deputy Clerk It was moved by Councilman Arnold, -3- mpv 11, 1Q47 seconded by Councilman Arrowood, and unanimously carried, that said resolution be adopted CITY ENGINEER FEE SCHEDULE The Deputy Clerk read a proposed schedule of fees as submitted by the City Engineer Upon motion of Councilman Arrowood, seconded by Councilman Arnold, and unanimously carried, the following schedule of fees for the City Engineer was adopted. Annual Retainer N 1,000 00 Special Assignments Principle Engineer 10 00 per hour Assistant Engineer 7.50 per hour Office Personnel 6 50 per hour Secretary 2 50 per hour Surveys 3 -Man Field Party 16 00 per hour 2 -Man Field Pp rty 13.00 per hour Inspection Construction, Curbs, etc Permit Fee BUSINESS ORDINANCE AMENDMENT DISCUSSION The City Manager stated that there had been complaints from certain small businesses on the business license fee required. The question up for discussion was whether the Council wanted to revise this license fee downward for the next fiscal year. The question was discussed and tabled NAME CHANGE PETITIONS It was stated by the City Attorney that the petitions have been received, have been examined and have been found adequate He further stated that the date for the election and the appoint- ment of the election officials could all be contained in one resolution After discussion, it was moved by Councilman Baroldi, seconded by Councilman Arrowood, and unanimously carried, that May 13, 1957 the matter be referred to the City Manager and the City Attorney to work out and report to the Council at the next regular meeting. MUNICIPAL CODE DISCUSSION The City Manager stated that it was becoming increasingly necessary for the City to adopt a municipal code The County Building De- partment would like the City to adopt all of the County Building Ordinances The Highway Patrol would like the City to cover certain traffic hazards which they are unable to control under the present conditions The City Manager suggested that the municipal code be written somewhat along the lines of the code adopted by the City of Dairyland, because of the research work which was done in preparing that code The problem of substan- dard buildings being moved into the City was discussed. Council- man Arnold moved, seconded by Councilman Arrowood, and unanimously carried, that the City Attorney prepare an ordinance providing restrictive protection for the City regarding structures moved into the City. POLICE DEPARTMENT After discussion as to the need for a police department and the proposed setup, it was moved by Councilman Arrowood, seconded by Councilman Vzn Leeuwen, and unanimously carried, that the City Manager proceed with plans to incorporate in the budget for the next fiscal year provisions for the establishing of a police department The City Manager stated that such a department could be set up and in operation by the middle of December, 1957. ANNEXATION NO 1, ORDINANCE An ordinance, No. 21, entitled, "AN O1IDINANCE APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNAhll 'ANEXA- TION NO i', TO THE CITY OF DAIRY CITY," was presented for second reading After the reading of the title of said ordinance by the Deputy Clerk, it was moved by Councilman Arrowood, seconded -5- May 13, 1957 by Councilman Van Leeuwen, and unanimously carried, that further reading of said ordinance be waived Thereupon,it was moved by Councilman Arrowood, seconded by Councilman V_n Leeuwen, that said ordinance be adopted, which motion was carried by the following roll call vote AYES Councilmen Arnold, Arrowood, Baroldi, Van Dyke and Van Leeuwen NOES' None ABSENT None SALVAGE YARD VARIANCE AMENDMENT The City Manager stated that, since the fence surrounding the Cypress Auto Wreckers salvage yard at the corner of Orange and Moody is somewhat out of line, the County has recommended that the City amend the variance, allowing the fence to remain as it is, except that the two center posts on the corner should be removed and the fence moved back in a straight line across the corner. It was moved by Councilman Arrowood, seconded by Councilman Baroldi, to prohibit the building of any buildings at this salvage yard closer then seventy-five (75) feet from the centerline of the street When it was pointed out that the County building codes provided regulations of this sort, the motion and second were rescinded After further discussion, the Mayor appointed a committee of two, consisting of Councilman Arrowood and Councilman Van Leeuwen to investigate this matter and report their findings to the Council CENSUS REPORT The City Manager reported that the Bureau of the Census had of- ficially fixed the population of the City at 1,616 FILING CABINET, PURCHASE After explanation by the City Manager as to the need for such equipment, it was moved by Councilman Van Leeuwen, seconded by Councilman Baroldi, and unanimously carried, that the Council -6- May 13, 1957 authorize the City Manaer to purchase a four -drawer file cabinet DUPLICATING MACHINE Following discussion, it was moved by Councilman Van Leeuwen, seconded by Councilman Arrowood, and unanimously carried, that the City Manager be authorized to purchase a Thermo -Fax copying machine WEEK ABATEMENT RESOLUTION Following explanation of the procedure to be followed in having the County crews handle the weed abatement problem, Resolution No 20, entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DAIRY CITY, GIVING WEED ABATEMENT ?OTICE," was adopted upon motion of Councilman Arnold, seconded by Councilman Arrowood, and unanimously carried ADJOURNMENT There being no further business, upon motion of Councilman Arnold, seconded by Uouncilman Arrowood, and unanimously carried, the meeting was adjourned until the next regular meeting. ATTEST -7- Flay 13, 1957 LA//L.. Mayor cm ',\ (1 ;0, C