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1958-07-141MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS July 14, 1958 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 N , with Mayor Van Dyke presiding Councilmen present* J Van Dyke, T A Baroldi, W J. Arrowood, ti G McCarney and A E Arnold Councilmen absent. None City officials present City Manager -Deputy City Clerk Wesenberg, City Clerk Olsthoorn, City Engineer Neff, and City Attorney Howell Upon motion of Councilman Baroldi, seconded by Councilman Arnold and unanimously carried, it was agreed to dispense with the reading of the minutes of the previous meeting. REGIS` R OF DEMANDS Upon motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the July Register of Demands was approved as presented. CAS TAX ENGINEERING FUNDS AGREEMENT It was moved by Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, that Resolution No 64, adopting the budget and approving the memorandum of agreement for the expenditure of State Gas Tax funds for engineering, be adopted FIRE SERVICES CONTRACT It was moved by Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, that the i`layor and the City Clerk be and are hereby authorized to execute the agreement with the County of Orange for fire protection services, which motion was carried by the following roll call vote AYES, Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES. None ABSENT None -1- July 14, 1958 DEPUTY CITY ATTORNEY, APPOINTMENT It was moved by Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, that Richard 1°i Barker be ap- pointed as a second Deputy City Attorney EXPLOSIVES STORAGE, MANUFACTURE It was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that the City Planning Commission be re- quested to investigate and report on a proposed ordinance to ban the storage, manufacture, etc., of explosives in the City SEWER BOND RESOLUTION It was moved by Councilman Arnold and seconded by Councilman I•icCarney that Resilution No 65, endorsing the sewer bond and urging a "Yes" vote by the citizens of Cypress at the on August 5, 1958, be adopted and published in the paper, motion was unanimously carried. It was moved by Councilman Arnold, seconded by Councilman and unanimously carried, that the meeting be adjourned to Cypress School Auditorium. The time of adjournment was 7 P. M. The Council meeting was re -convened in the Cypress School program polls which McCarney the 40 Audi- torium at 7 50 ± M. The Pledge of Allegiance to the Flag was led by City Attorney Howell LAWRENCE ANNEXATION HEARING Mayor Van Dyke stated that this was the time and place set for the hearing on the proposed Lawrence Annexation to the City The Mayor asked the City Clerk if any written protests to this proposed annexation had been filed with his office. Upon being informed that there were none, the Mayor stated that, if persons within or without the City, but not residing within the territory proposed to be annexed, wish to make protests, their protests would not be legal and the Council may or may not hear them as -2- July 14, 1958 W25O they wish. The Mayor then polled the Councilmen as to their pleasure in the matter of hearing the protests of persons other than those property owners within the territory proposed to be annexed. The Councilmen were in agreement that such protestants should be heard Following discussion as to whether the protestants or proponents should be heard first, the Mayor again polled the Councilmen as to their wishes Councilmen Arnold and ricCarney were in favor of hearing the protestants first. Councilmen Arrowood and Baroldi were in favor of hearing the proponents. Mayor Van Dyke stated that, since there was a tie, he would have to vote Mayor Van Dyke then voted in favor of hearing the protestants first. Mr Samuel Dreizen, representing the Citizens Committee which is, he stated, in opposition to the annexation to the City, then introduced i°ir James Leveline, Chairman of the Citizens Commit- tee. Mr Leveline submitted petitions against the cemetery. He stated that these petitions had been signed by 550 registered voters. The following people identified themselves and spoke in protest to the annexation and its proposed use as a cemetery James Leveline, 5602 Newman Street, Cypress George Koumis, 5502 Karen Avenue, Cypress James Duncan, 9582 South Walker Street, Cypress Hobert Vallier, 4.53 South Spring Street, Los Angeles Frank W Sorenson (no address given) At this point a i1r James C. stokes, 9611 south Holder Street, Cypress, presented himself When it became apparent from his remarks that he was a proponent rather than a protestant, he was asked to take his seat until later The hearing was continued with the following people protesting -3- July 14, 1958 William D Shubin, 4615 Orange Avenue, Cypress Patricia Herzog, Santa Ana, attorney for George Koumis B. M Funkhouser (no address given) Bill Stanton, 5462 Orange Avenue, Cypress (i°ir Stanton stated that he is not against the annexation but is against the annexation naming the conditions. He thinks the conditions should be settled after the annexation.) Following conclusion of the hearing of protests to the annexa- tion, the Mayor stated that the proponents of the annexation would be heard Er Ugene Blalock, representing Forest Lawn Memorial -Park of Glendale, presented himself and asked if he might include some slides and film in his presentation Upon hearing shouts of protest against the speech and the showing of pictures, the Mayor stated that it was the Council's decision that the slides and film be shown He further stated that it was only fair that both sides be heard. Following conclusion of Mr Blalock's presentation, the Pro- testants were allowed time for rebuttals The following people spoke. Pat Tatro, 5616 Newman Street, Cypress Nathan Tower, Santa Ana, an attorney Hobert Vailier, attorney from Los Angeles Samuel Dreizen, attorney representing the Citizens Committee James Leveline, address given previously George Koumis, address given previously Elwin Taylor, 9191 Walker Street, Cypress Willard Davidson, 9371 Walker Street Cypress Peter Van Auiten, Bloomfield south of Lincoln (Er Van Huiten stated that he had not made up his mind whether he was for or against ) kir Blalock asked Er. Lawrence if he had ever made application to the County of Orange for permission to establish a cemetery on his property it Lawrence answered, "No " Mr Blalock -4- July 14, 1958 then asked Fir William Poe, attorney from Los Alamitos who is representing Hrs. Florence Ghysels, whether Mrs Ghysels had ever made application to the County of Orange for a cemetery on her property. Mr. Poe stated that rirs. Ghysels had not. In response to the request from Samuel Dreizen for a show of hands, the mayor asked all the Councilmen to stand so that they might be able to have the best possible view of the auditorium as the people raised their hands At this time, Mr Leveline called for a division of the house, which was ruled out as im- practical. In the show of hands, a majority of those present were against the annexation A relatively few persons were for the annexation. Many people did not raise their hands at all. It was then moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that the hearing be closed and the matter taken under submission by the Council SWER BOND ISSUE At this time, Mayor Van Dyke brought up the question of the sewer bond election to be held on August 5, 1958, and asked City Attorney Howell to explain the importance of the proposed sewers to the progress of the community The riayor explained that a two-thirds (2/3) majority would be necessary to carry the election and that the sewers would cost approximately . .2000 per w100.00 assessed valuation. The meeting was then recessed for ten minutes, 10 25 to 10 35 P i`_ SECTIONAL DISTRICT 2.ONING MAPS The i'iayor announced that this was the time and place previously stated for the hearing on the proposed sectional district maps, covering the precise land use within the City, which have been previously approved and recommended for adoption by the City Planning Commission after public hearings. The meeting at this time was turned over to the City Attorney and the City Engineer -5- July 14, 1958 w who presented the sectional maps showing the precise land uses in the several districts in the City as recommended and approved by the Cypress Planning Commission Each sectional district map was considered separately. ince there were no protests to any of the proposed sectional district maps as set forth, it was moved by Councilman McCarney, seconded_ by Councilman Arrowood and unanimously carried, that sectional district maps Nos 16-4-11, 17-4-11, 15-4-11, 27-4-11, 28-4-11, 22-4-11, 21-4-11, and 20-4-11, showing the precise land uses within the City of Cypress are approved as presented. LAND USE ORDINANCE The Mayor announced that this was the time and place previously stated for the public hearing on the proposed ordinance, entitled. "AN ORDINANCE ESTABLISHING LAND CLASSIFICATIONS AND DISTRICTS WITHIN THE CITY OF CYPRESS AND REGULATING THE USES OF PROPERTY THEREIN, ADOPTING SECTIONAL AAPS OF SAID DISTRICTS, DEFINING THE TERMS USED IN SAID ORDINANCE, PRROVIDING FOR THE ADJUSTMENT, AND ENFORCEMENT THEREOF AND PRESCRIBING PENALTIES FOR ITS VIOLATION." The City Attorney presented said proposed ordinance, describing the permitted uses in the various zones in the City. It was moved by Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, that said ordinance be read by title only Thereupon, the ordinance was read by title only by the City Attorney. During the discussion, Councilman McCarney moved that the ordinance be sent back to the City Planning Commission for further study on the C-1 and C-2 district legal setback lines This motion was seconded by Councilman Arnold.. Planning Commission Chairman John Beekman reported that the resolution of approval of the proposed ordinance included the greater setbacks for those two districts, when fronting on ar- terial highways as shown on the County Master clan Whereupon, -6- July 14, 1958 Councilman McCarney requested to withdraw his motion with the approval of the second Councilman Arnold granted such per- mission. Thereupon, it was moved by Councilman Arnold, seconded by Councilman Arrowood, that said ordinance, No 41, is introduced for adoption and passed on to second reading and final adoption, which motion was unanimously carried by the following roll call vote' AYES. Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES. None ABSENT Nona ADJ0URNMENT The hour being very late (11.10 o'clock P. k:.) , it was Moved by Councilman Baroldi, seconded by Councilman McCarney and unani- mously carried, that the meeting is adjourned until Monday, July 21, 1958, at 7.30 o'clock P. M. in the City Hall. 7 cob Van Dyke, May -7- July 14, 1958