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1957-11-12MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS November 12, 1957 A regular meeting of the City Council of the City of Cypress was called to order in the City Hall, 9352 Walker Street, at 7.30 o'clock P M , with Mayor Van Dyke presiding The meeting was held on this date because Monday, November 11, was a legal holiday The meeting was opened with the Pledge of Allegiance to the Flag which was led by Councilman Arrowood. Councilmen present A E Arnold, W J Arrowood, T A Baroldi, J Van Dyke, and J Van Leeuwen Councilmen absent. None City officials present* City Manager -Deputy City Clerk Wesen- berg, City Engineer Neff, and City 'ttorney Howell It was moved by Councilman Arrowood, duly seconded and unani- mously carried, that the reading of the minutes be dispensed with due to the length of the agenda. TRAUTMAN VARIANCE The Deputy Clerk presented for the Council's consideration Use Variance Application No. UV -105 to permit Carl F Trautman to construct, in the A-2 agricultural zone on Walker Street, two commercial buildings One building is to be used as a light machine shop and the other as a display room for custom-built automobiles and poultry feeding machines The Deputy Clerk read an excerpt from the minutes of the Planning Commission, giving their recommendations on said variance application Dur- ing the discussion, it was brought out that the applicant would prefer a setback of 60 feet rather than the 75 feet recommended by the Planning Commission The matter of a dedication for street widening purposes was brought up, and the City Engineer stated that no dedication would be necessary, according to the County Master Plan of Highways Thereupon, it was moved by Councilman Arnold, duly seconded and unanimously carried, that Use Variance Permit No UV -105 for the construction of two com- mercial buildings in the A-2 agrucultural zone be granted to -1- November 12, 1957 JY Carl F. `Trautman in accordance with his application and accom- panying plot plan and with the following conditions. 1 That there be no storage of any type of material outside of buildings, 2 That there be a 60 -foot building setback from the centerline of Walker Street, 3 That there be provided off-street parking for six cars, 4. That any sign upon the face of either of the two buildings in question, advertising the businesses conducted within, shall be no more than 25 square feet in area POLICE RADIO AGREEMENT Following explanation by the City Manager of a standard agreement which had been received from the County for the operation of the new police department radio set-up, it was moved by Councilman hrrowood, duly seconded and unanimously carried, that the Council authorize the proper City officials to sign the agreement for the City POLICE CAR Following a report by the City Manager that no bids on the sta- tion wagon had been received, the Council again took up the question of a vehicle to be purchased for the police department During the ensuing discussion, the City Attorney stated that any purchase over 42,000 00 has to be put out for bids and that the request for bids must be published once. It was moved by Coun- cilman Arrowood and duly seconded that the City Manager is authorized to contact various agencies to see what kind of deal could be had Following further discussion, Councilman Arrowood, with the permission of the second, withdrew his motion It was moved by Councilman Baroldi, duly seconded and unanimously car- ried, that the City Manager is authorized and directed to prepare -2- November 12, 1957 and publish request for bids for the sale of a new 1957, four - door sedan, highest powered motor, power brakes, heater, auto- matic transmission, color black, notice to be published ten days prior to the Council meeting on the ninth of December, bids to be into the City by December 9th SCHIPPER ANNEXATION The Deputy Clerk stated that the signatures of the property owners requesting annexation to the City had been obtained It was moved by Councilman Baroldi, duly seconded and unanimously carried, that the Council adopt Resolution No. 42, initiating proceedings and setting December 9 at 8.00 P M in the City Hall as the time and place at which the Council will hear pro- tests of property owners within the proposed annexation COR_REIA ANNEXATION The Deputy Clerk presented a letter from Mr Correia, requesting annexation of his property to the City. Whereupon, the City Attorney having approved said letter as a valid petition to the City, it was moved by Councilman Baroldi, duly seconded and unanimously carried, that the Council adopt Resolution No 43, initiating proceedings on said annexation and setting December 9 at 8 00 P M in the City Hall as the time and place at which the Council will hear protests APPOINTMENT OF NEW PLANNING COMMISSIONER The Deputy Clerk read a letter, addressed to the Mayor, from Mr F A Jones, in which Mr. Jones resigned his position on the Planning 'sommission and recommended that Mr G H Wheelock be appointed in his place It was moved by Councilman Arrowood, duly seconded and unanimously carried, that Mr Jones' resigna- tion be accepted and that the City Manager be authorized to write to Mr Jones, thanking him for his services to the City. Mayor Van Dyke recommended that Mr G H Wheelock be appointed to -3- November 12, 1957 The Planning Commission to fulfill Mr. Jones' unexpired term Thereupon, it was moved by Councilman Van Leeuwen, duly seconded and unanimously carried, that the Council affirm the Mayor's appointment of Mr Wheelock REGISTER OF DEMANDS It was moved by Councilman Arnold, duly seconded and unanimously carried, that the Register of Demands be approved as submitted In answer to a question about the auditor's report, the City Manager stated that it should be ready by the next meeting RABIES ORDINANCE ADOPTION The Deputy Clerk presented an ordinance, No 32, controlling dogs and certain of their diseases, and read the title of said ord inance It was moved by Councilman Arnold, duly seconded and unanimously carried, that further reading of the ordinance be waived. It was then moved by Councilman Arnold and duly seconded, that said ordinance, No 32, be adopted, which motion was unanimously carried by the following roll call vote. AYES* Councilmen Arnold, Arrowood Baroldi, Van Dyke, and Van Leeuwen NOES. None ABSENT None FIRE PREVENTION CODE - FIREWORKS The City Manager stated that the County Fire Department had requested that the City adopt the Standard Fire Prevention Code In this Code all fireworks are outlawed, both as to sale and use The L'ity Manager asked for an expression of opinion on this question He stated that J A Scherman, County Fire Warden, had recommended that fireworks be outlawed in all areas. During the discussion which followed, Councilman Arrowood stated that he felt that the destruction of the celebration of a tra- ditional holiday was not a matter for the Council to decide but that it should be put to a vote of the people. It was also November 12, 1957 pointed out that fireworks of the "safe and sane" variety are allowed in the State by State law. Councilman Arnold moved that that portion be striken from the fire prevention code before being adopted, which motion was duly seconded and unanimously carried. PAYMENT OF OBLIGATIONS RESOLUTION The Deputy Clerk presented and read a resolution, No 36, which had been suggested by the accounting firm, to make it easier to handle the payment of certain City obligations It was moved by Councilman Arrowood, duly seconded and unanimously carried, that said resolution, No 36, be adopted CIVIL DEFENSE PURCHASE RESOLUTION The Deputy Clerk presented and read a resolution, No 41, ap- pointing a disaster purchasing agent for the City. Mayor Van Dyke appointed the City Manager as the disaster purchasing agent. It was moved by Councilman Arrowood and duly seconded that the appointment be confirmed and that Resolution No 41 be adopted, which motion was unanimously carried by the follow- ing roll call vote. AYES Councilmen Arnold, Arrowood, Baroldi, Van Dyke, and Van Leeuwen NOES None ABSENT* None POLICE CHIEF OESTION There was brought up for the Council's decision the question as to whether to interview the two remaining applicants for Police Chief Councilman Arnold's opinion was that it was no more than fair Councilman Baroldi felt that, in the case of the man from Las Vegas, it would be a waste of his time as well as the Council's since the man was obviously qualified to handle a much larger force than the one contemplated for the City Councilman Arnold moved that the remaining two applicants be interviewed by the Council, which motion was duly seconded and unanimously carried -5- November 12, 1957 The City Manager was instructed to set the date and ask them to appear These two candidates for the position were John R Swearingen and Carl T Hartmeyer. ZONING ORDINANCE DISCUSSION The City Attorney suggested that the Council allow him a week or ten days in which to rewrite the ordinance along the lines which were brought out at the Planning Commission meeting He stated that copies of the rewritten ordinance would be in the mail so that the Councilmen could read it before the next meeting PRESS RELEASES QUESTION The City Attorney having ruled that it was proper for the Council to meet in executive session in order to deal with personnel problems, the press representatives and visitors were then asked to leave Thereupon, Councilman Arrowood read an excerpt from the Press -Telegram of October 24. The story quoted Councilman Arnold as the "unofficial Mayor" of Cypress on the matter of the new police department Councilman Arrowood pointed out that the facts were not entirely correct and that the City had no need of an "unofficial Mayor" in view of the fact that an official Mayor had been elected He further pointed out that the law of the City required that press releases be handled through the City Manager or the official Mayor Councilman Arnold denied having made the statements which the press had attributed to him Mayor Van Dyke credited City Manager Wesenberg with having originated the idea of a police department and having spent many hours in investigation and organization work necessary to the establishment of the new department Councilman Arrowood then presented and read two letters which he suggested be used as models in informing the newspapers and County offices as to the proper officials to contact with regard to information about the City government It was moved by Councilman Arrowood and seconded by Councilman Van Leeuwen that these letters be author - -6- November 12, 1957 ized to be written and sent to the press and County offices, which motion was carried by a vote of four "Ayes" and one "No" (Councilman Arnold dissenting) AJOUBNMENT There being no further business, it was moved by Councilman Baroldi, duly seconded and unanimously carried, that the meet- ing be adjourned to November 29, 1957, at 7:30 P ATTEST 0-7 martin Ols ,5 .•:•114, %111RIX1CT November 12, 1957 /FF(}R _7_ • Jacob Van Dyke, Kay6r