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HomeMy WebLinkAbout1957-07-08112 MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF DAILY CITY July 8, 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 P I1 , with Mayor Van Lyke presiding Councilmen present- A. E. Arnold, W. J. Arrowood, T. A. Baroldi, and J Van Dyke Councilmen Ebsent Councilman J. Van Leeuwen City officials present City Manager -Deputy Clerk Wesenberg, City Clerk Olsthoorn, and City Attorney Howell Minutes of the special meeting of July 5, 1957, were read by the Beputy Clerk. It was ,roved by Councilman Arrowood, seconded by Councilman Arnold, and unanimously carried, that the minutes be approved as read Minutes of the reular meeting of June 10, 1957 were read by the Deputy Clerk It was moved by Councilman Baroldi, seconded by Councilman Arrowood, and unanimously carried, that the minutes be approved as read GOLF COURSE VARIANCE The City Manager stated that the papers had not been received from the County Planning Commission on Frank Vessels' request for a variance for the installation of a golf course, club house, and necessary appurtenances He stated that he had, however, received sometechnical information over the telephone from the Planning Commission It was agreed by the Council that an adjourned meet- ing would be held to pass on the variance as soon as the papers are received from the County Planning Commission. It was also a; -Teed that, since rr Beekman was present to discuss the variance, the Council would hear him. The City Manager stated that the terms, as given to him over the telephone, were as follows That the applicant would dedicate from the present property line to 60 feet from the centerline on Katella and 40 feet on Cerritos, the entrance at the club house is to be standard intersection, according to County specifications, concrete curbs and gutters are to be installed the full length of the golf course on Katella; -1- July 8, 1957 applicant will install acceleration -deceleration lanes of suffi- cient length on both sides of Katelia. Mr Beekman, speaking as Mr Vessels' representative, opposed the land dedication on the grounds that the City is contemplating rezoning the land in that area and that a dedication would not then be required Er Beekman opposed the acceleration -decelera- tion lanes on the grounds that he felt that they would cause a traffic hazard. He opposed the installation of curbs and gutters on the grounds that, when the area is rezoned, a variance would not be required. He stated that he felt that Mr Vessels was being penalized for being unwilling to wait the necessary time for the City's zoning ordinance to be written and to become law. He stated that he felt that the requirements on the golf course entrance were unnecessarily expensive. Mayor Van Dyke pointed out that Mr Vessels' situation with regard to the dedication of land for street improvement purposes was no different from rir. frank Cardoza's and that he felt that whet was fair for one was fair for all Councilman Arrowood stated that he felt that the City should re- quire setbacks only, until such time as street improvements are made, and that the City should then condemn and pay for any pro- perty taken Councilman Vin Dyke and Councilman Baroldi stated that they felt that, since many other cities and counties, as well as Orange County, followed this practice with regard to variances, that this City should follow suit Councilman Arnold stated that he felt that there should be no dedication now, but that there should be an agreement that the dedication would be Bade at the time of street improvement Councilman Arnold stated that he felt that the matter of dedications was entirely fair and that the County had set up this system as a means of obtaining the necessary right-of-way for its master plan for streets and highways. He -2- July 8, 1957 further stated that, if the cities did not go alon< with the requiring of dedications, that the master plan would be ineffective After lengthy discussion of this problem, it was decided that the policy of the Council had been set at the last Council meeting* that the applicants for variances would be required to dedicate land for street improvement only when the street is widened, and that each person to whom a variance is granted must sign an agree- ment to this effect. ADMISSIONS TAX Mr. Beekman stated that he was opposed to the admissions tax on several grounds First of all, he felt that it was a betrayal, in that Mr. Vessels, according to Mr Beekman, was promised that there would be no admissions tax if he came into the City He stated that the race trE,ck charges onlyV1.00 for admission, which includes the federal tax, because he felt that people would not come to the race track if the admission was higher. He stated that :sir Vessels might be agreeable to such a tax at some time in the future, but that at this time, it was out of the question The tax, as submitted by the City Manager, was 10 cents per w1 00 admission Neither Councilman Baroldi nor Councilman Van Dyke could recall any discussion with -Mr Vessels on the admissions tax question during the formation of the City The City Attorney stated that it had been promised that there would be a minimum city at a minimum expense. Iir Beekman asked what was runnin- up the cost of opera.tino the City The Council answered that the cost was not beim; run up It was simply that the City must pay the people who are working for the City, and maintain the City's streets, which accounted for the main items of expense It was pointed out that the Council felt that the race track had a responsibility to the City in the matter of street maintenance. The City Manager stated that he estimated the revenue from such an admissions tax, at 10 cents, would be -3- July 8, 1957 at least 0_1,000 00 After lenthy discussion, the matter was tabled "TIP SHEETS" ORDINANCE The City Manager explained that the Council had been requested to pass an ordinance controlling the selling of "tip sheets" in the City Mr Beekman explained that, if the City prohibited the selling of these "tip sheets" on the City's streets and on public property, then the race track could control the sell- ing of them He suggested that, if the City licenses the sellers of "tip sheets," that the fee be small It was moved by Councilman Arnold, seconded by Councilman .trrowood, and unanimously carried, that the Council authorize the City Attorney to prepare an ordinance prohibiting the selling of "tip sheets" on the City's streets and on public property and providing for a small license fee REGIS`T'ER OF DEMANDS It was moved by Councilman Arnold, seconded by Councilman Baroldi, and unanimously carried, that the Register of Demands be approved as submitted ARTESIAN LAND QUESTION The City Manager read the rough draft of a letter addressed to Greening and=-ssociates, in which the City Council answered several questions on policy The Council approved the letter with minor changes. OCCUPATIONAL RESEARCH The City Manager read a letter from the Tri-Colee Occupational Survey Group, asking= for the Council's support for their activities in surveying the occupational needs in this area It was moved by Councilman Arnold, seconded by Councilman Baroldi, and unani- mously carried, that the City Council feels that such a survey might be a meritorious undertaking ROAD MAINTENANCE DISCUSSION The City Manager reported that the City of Stanton is working on July 8, 1957 an agreement with the County, wherein the City would turn over their gas tax monies to the County for street maintenance, and the cost-plus basis would be eliminated After discussion of the matter, it was decided that the City Manager should make further inquiry into the situation PALMISTRY ORDINANCE The City Attorney presented and read an urgency ordinance, entitled, "AN ORDINANCE OF THE CITY OF DAIRY CITY PROHIBITING THE PRACTICE OF, EXERCISE OF, OR AVOCATION OF, PALMISTRY, FOHTUNETELLING, CLAIRVOYANCE, MENTAL TELEPATHY, ASTROLOGY, OH RELATED ACTIVITIES, AND PROVIDING FOR THE PENALTIES AND PUNISHMENT THEREFOR " It was moved by Councilman Arnold. and seconded by Councilman Baroldi, that said ordinance, No. 22, be adopted, which motion was carried by the following roll call vote* AYES Councilmen Arnold, Arrowood, Baroldi, and Van Dyke i''OES • None ABSENT Councilman Van Leeuwen COOLER, CITY HALL It was moved b/ Councilman Arnold, seconded by Councilman Arrowood, and unanimously carried, that the City Manager purchase a water - type cooler for the City Hall CITY LIMIT -TRUCK WEIGHT LIMIT SIGNS The City Manager brought up for discussion the need for "City Limits" signs. He suggested that these signs might also state the maximum truck weights allowable on that particular street, where possible. In places where it would not be possible to duplicate the signs, it would be necessary to have separate signs. He estimated that the cost would be approximately 4200 00 to place these signs on the major streets in the City It was moved by Councilman Baroldi, seconded by Councilman Arnold, and unanimously carried, that provisions for funds for these "City -5- July 8 1957 Limits - Truck Weight Limits" signs be included in the budget for the next fiscal year. CITY ATTORNEY FEE In presenting the question of increasing the City Attorney's fee, the City Manager explained that there is a large amount of work which must be done in the immediate future, in the way of adopting codes, including the municipal code, and the comprehen- sive land use ordinance. Also, when the police department is put in operation, the City Attorney will be working with the police chief on misdemeanors and other legal problems In view of this increasing work load, the City Manager stated that he felt the present fee was inadequate. He suggested that the fee be increased and that the large projects, such as the municipal code, should be considered on a separate basis. During the ensuing discussion, the City Attorney was asked for and gave an expression of opinion Thereupon, Councilman Arrowood moved that the City Attorney's fee be increased to 250 00 per month, that the master plan ordinance and the municipal code, because of the amount of work involved, be extra, that the library allowance of 45 00 per month and the fee for court appearances remain the same Said motion was seconded by Councilman Ba_roldi, and unanimously carried The City Attorney estimated that the fees for the land use ordinance and the municipal code would be about 4P800.00. ORDINANCES, CERTAIN COUNTY CODES AND TRAILER PARKS The City Attorney stated that, since the State Legislature has enacted laws permitting cities to adopt ordinances by reference, he was presenting an ordinance, entitled, "AN ORDINANCE OF THE CITY OF DAIRY CITY, ESTABLISHING AND ADOPTING THE UNIFORM BUIIDIN:, CODE, 1955 EDITION (AS AMENDED BY ORDINANCE NO 922 and 955 OF THE COUNTY OF ORANGE), ADOPTING THE PLUMBING CODE OF ORANGE COUNTY, 1956 EDITION (ORDINANCE NO. 780, AS AMENDED BY ORDINANCE NO. 821, COUNTY OF ORANGE); ADOPTING THE ELECThICAL SAFETY ORDERS, -6- July 8, 1957 1955 EDITION, ISSUED BY THE DIVISION OF INDUSTRIAL SAFETY, DE- PARTMENT OF INDUSTRIAL RELATIONS, STATE OF CALIFORNIA, ADOPTING THE ORANGE COUNTY ADMINISTRATIVE ELECTRICAL CODE, 1956 EDITION (ORDINANCE NO 786, AS AMENDED BY ORDINANCE NO 908, COUNTY OF ORANGE), AND ADOPTING THE HEATING AND VENTILATING CODE, COUNTY OF ORANGE, 1956 EDITION (ORDINANCE NO. 823), AS AN ORDINANCE ESTABLISHING THE UNIFORM BUILDING CODE, THE UNIFORM PLUMBING CODE, THE UNIFORM ELECTRICAL SAFETY ORDERS, UNIFORM ADrINISTRA- TIVE ELECTRICAL CODE, AND UNIFORM HEATING AND VENTILATING CODE, WITHIN THE CITY OF DAIRY CITY, IN DEFINING THE TERMS AND PRO- VISIONS USED THEREIN, PROVIDING FOR JUST ENFORCEMENT THEREOF, AND PRESCRIBING PENALTIES FOR THEIR VIOLATION." The City Attorney also Presented an ordinance, controlling trailer narks within the City, and entitled, "AN ORDINANCE OF THE CITY OF DAIRY CITY ESTABLISHING AND ADO''TING THE ORANGE COUNTY TRAILER PARK ORDINANCE NO 735, AS AMENDED (BY ORDINANCES NO. 757 AND 898 OF THE COUNTY OF ORANGE), AND AS AN ORDINANCE REQUIRING PERMITS AND PROVIDING REGULATIONS GOVERNING THE CONSTRUCTION, MAINTENANCE, AND OPERATION OF TRAILER PARKS, AND PROVIDING PENAL- TIES FOR THE VIOLATION THEREOF, WITHIN THE CITY OF DAIRY CITY " Following discussion of said ordinances, the City Attorney then presented and read Resolution No 28, which established the 12th day of August, 1957, at 8 30 P M as the day and time set for the public hearing of the two preceding proposed ordinances and providing for the publication of said resolution It was moved by Councilman Baroldi, seconded. by Councilman Arrowood, and unanimously carried, that Resolution No 28 be adopted. BUSINESS LICENSE REPORT The City Manager reported on the number of delinquent business licenses, and asked that all those who had not already done so, -7- July 8, 1957 please pay their license fees as soon as possible CITY MANAGER'S SALARY It was moved by Councilman Baroldi, seconded by Councilman Arrowood, and unanimously carried, that, effective July 1, the City Manager's salary be increased to $365 00 per month. FRANCHISE QUESTION It was the decision of the Council not to give a franchise to a Mr. Prather, who is collecting trash in the area. It was decided to require only a business license for this business. The City Manager reported that Mr Prather had submitted a cost figure of $37 00 per day for a two-man crew to clean up the City streets. SOUSA-SILVA-CARDOZA VARIANCES The City Manager explained that the Council had arrived at a policy concerning the dedication of land for street easements for variances at the July 5 meeting. The policy is that the applicant will be asked to dedicate land for street easement only in case of street widening and only at that time, and that a formal agreement to that effect was to be signed by the applicant at the time of the granting of the variance The City Attorney explained that this agreement would have to be drawn up in such a manner as to be recorded in the chain of title of the land so that a subsequent purchaser cannot claim surprise The City Attorney stated that a sample form could be worked out, but that he felt that the City Engineer's services would be re- quired for certain phases of the problem During the discussion, it was pointed out by Councilman Arrowood that he had not been present at the previous meeting at which this policy was set, and that he was not in agreement with it Councilman Arrowood -8- July 8, 1957 120 again stated tat he felt that the City should not ask for dedi- cations of land under any circumstances, unless the City pad for the land After considerable discussion, it was moved by Councilman_ Arnold and seconded by Councilman Baroldi, that the White -Madison variance (for the Cypress Auto Wreckers salvage yard) be amended as follows• That Mr Sousa (land owner) and applicants agree to dedicate 40 feet from the centerline on Orange Avenue for Purposes of street improvement only in case of street widening, and that Mr Sousa agree to sign an agreement to that effect. The motion carried by the following vote• AYES 3 NOES 1 ABSENT• 1 It was moved by Councilman Arnold, seconded by Councilman Baroldi, that Mr Anthony Silvals variance be amended as follows That Mr Silva agree to dedicate his land (40 feet from the centerline of Orange Avenue) for purposes of street improvement only in case of street widening, and that he agree to sign an agreement to that effect The motion carried by the following vote AYES 3 NOES 1 ABSENT 1 Councilman Baroldi moved, seconded by Councilman Arnold, that the Frank Cardoza variance for a dairy be amended to the effect that Mr Cardoza agree to sign an agreement stating that he would dedicate to the City that portion of his property, as was indicated in the original permit for street improvement only in case of street widening The motion carried by the follow- ing vote. -9- July 8, 1957 AYES. NOES ABSENT ADJOURNMENT 3 1 1 There being no further business, 3aroldi, that the it was moved by Councilman seconded b Councilman Arrowood, and unanimously carried, meeting be adjourned until July 10, 1957, at 10.00 A M -10-- July 8, 1957 ,Jacob Van Dyke, Mayo 121