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1958-08-11MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS August 11, 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 Irl , with Mayor Van Dyke presiding. The Pledge of Allegiance to the Flag was led by Councilman Baroldi. Councilmen present• J Van Dyke, T A Baroldi, M. C McCarney, A E Arnold, and W J. A.rrowood Councilmen absent None City officials present• City Clerk Olsthoorn, City Treasurer Leal, City Attorney Howell, City Engineer Neff, and City Manager -Deputy City Clerk Wesenberg MI NUTES Upon motion of Councilman IdicCarney, and unanimously carried, the minutes 1958, were approved as submitted. Upon motion of Councilman Baroldi, s and unanimously carried, the minutes 1958, were approved as submitted. Upon motion of Councilman McCarney, and unanimously carried, the minutes 1958, were approved as submitted. seconded by Councilman Baroldi, of the meeting of May 28, econded by Councilman McCarney of the meeting of June 2, seconded by Councilman Baroldi, of the meeting of June 9, Upon motion of Councilman McCarney, seconded by Councilman Baroldi, and unanimously carried, the minutes of the meeting of June 13, 1958, were approved as submitted Upon motion of Councilman McCarney, seconded by Councilman Baroldi, and unanimously carried, the minutes of the meeting of June 30, 1958, were approved as submitted Upon motion of Councilman Baroldi, seconded by Councilman McCarney, and unanimously carried, the minutes of the meeting of July 21, 1958, were approved as submitted. CITY CLERK'S REPORT ON PETITIONS The City Clerk stated that, while his office had been working on the checking of the petitions, as required by law, the work was not sufficiently completed for him to be able to present the petitions to the City Council for their action at this time. The City Clerk stated that his office had not received a current list of the registered voters in the City from the County Registrar. The City Attorney stated that he had run into a few problems on his part of the investigations on which he would also need more August 11, 1958 -1- time The City Clerk estimated that it would take two to three more weeks to complete the investigations Following discussion, it was moved by Councilman Arrowood, seconded by Councilman Baroldi and unanimously carried, that the City Tanager will call a special meeting of the City Council when the City Clerk's report is available. SOARES VARIANCE The Deputy City Clerk presented the application of Joseph Soares to permit the operation of a 10 -acre dairy with 20 cows per acre in the A-2 zone on Walker Street just north of Ball Road The Deputy Clerk stated that the City Planning Commission had held a public }e aring on said variance application and that it was their recommendation that the variance be granted During the discussion, Councilman Arnold asked whether the applicant had signed a dedication in case of street widening Mayor Van Dyke explained that, since the applicant had bought the land in good faith at a time prior to the adoption of the ordinance reducing the number of cows per acre on dairies containing less than 15 acres, and since the dairy was not a non -conforming use, being located in the A-2 zone, he felt that no dedication should be required and that the variance should be granted. Councilman Arnold stated that, since all other applicants for variances within the City had been required to sign an offer to dedicate land in case of street widening, he felt that this applicant, in all fairness, should be required to sign such an offer to dedi- cate as well Councilman. Arnold stated that he felt that signing an offer to dedicate should be required as a part of any variance granted by the City It was moved by Councilman_ Baroldi and seconded by Councilman Arrowood that said variance, No. UV -115, be granted as recommended by the Planning Commission, which motion was carried by a vote of four (4) Ayes and one (1) No (Council- man licCarney dissenting). DR. CLARK VARIANCE The Deputy Clerk presented the application of Dr Russell B Clark August 11, 1958 -2- 266 for a use variance to permit a cut -and -fill operation on his 20 acres immediately east of Bloomfield Avenue and south of Orange Avenue. The Deputy Clerk stated that the City Planning Com- mission had recommended that this application be denied. There- upon, it was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that Use Variance Application No. UV -114 be denied. AE. ?OWOOD PROCEDURES PROPOSAL The City Attorney presented and read a proposal stating that, in order to make available to the citizens of our community the official actions of the City Council, that the City Manager shall, within three (3) days after each Council meeting, prepare, subject to Council review, and send to the news media of our area an official synopsis of all actions taken by the City Council, in- cluding the voting record of the Councilmen. It was moved by Councilman Baroldi, seconded by Councilman McCarney and unani- mously carried, that said proposal be approved. The City Attorney then presented and read a second proposal stating that, in order to inform the citizens of our Community of the privleges and responsibilities of citizenship, that the City Manager, assisted by the City Attorney, prepare excerpts of the provisions of .the Election Code of this State, concerning signing petitions and other documents, requesting public action, and to cause such excerpts to be printed in at least one (1) newspaper circulated in our City. It was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that said proposal be approved. Councilman Arnold moved that the phrase, "in at least one (1) newspaper," be deleted and replaced by the phrase, "in one (1) or more newspapers," which motion was seconded by Councilman Baroldi and unanimously carried EXPLOSIVES OHDIhANCE The Deputy Clerk stated that thela-nning Commission wished the Council to know that they were in favor of adopting an ordinance Pugust 11, 1958 -3- 2 Df banning the manufacture cr storage of explosives within the City. It was moved by Councilman Arnold, seconded by Council- man Arrowood and unanimously carried, that the City Attorney be and he is hereby instructed to draw up such an ordinance PROPOSED SHOPPING CENTER The City Manager presented the plans for a proposed shopping center to be located at the corner of Lincoln. Avenue and Miller Street in Buena Park The City Manager stated that these p1 ns had been submitted by the City of Buena Park for any comments or protests this City might care to make. Mayor Van Dyke recessed the meeting for• five minutes while the Councilmen studied the plans. There were no comments or protests. REGISTER OF DEMANDS Following discussion, it was moved by Councilman McCarr_ey, second- ed by Councilman Arnold and unanimously carried that the August Register cf Demands be approved as submitted. HOLDER S`1'KEET FLOOD CONTROL DITCH City Engineer Neff stated that he had nothing further to report on his negotiations with the City Engineer of Buena Park as to obtaining assistance in the financing of the drainage in that area. He outlined several possible routes for a drainage ditch to carry away water, but stated that he felt that the City should have some idea about the financing of the project before going into the details of plans and estimates. He estimated that the complete job would cost about $100,000 00 or more. During the discussion, Councilman Arnold suggested that the City could qualify as an impoverished city and thus qualify for matching funds from the Federal Government It was the City Attorney's opinion that the City could not qualify for matching funds from the Federal Government because the City has nc outstanding bonded indebtedness Following discussion, it was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that the City Engineer submit in writing his estimated figures for the various ways of solving the Holder Street drainage problem August 11, 1956 and investigate the possibility of obtaining matching funds from the Federal Government. The City Engineer was asked whether he would recommend installing another culvert under Walker Street at Newman Street if the Holder Street drainage project is not feasible.. The City Engineer stated that there was a question in his mind as to whether the City might be liable if more water is concentrated lower down INDUSTRIAL SUBDIVISION ORDINANCE The City Attorney reported on progress being made on drafting an ordinance controlling industrial subdivisions within the City. He stated that said draft is scheduled to be ready for the Planning Commission's action. at its next meeting CITY ATTORNEY ATTENDANCE - PLANlvING COMMISSION NFFTINGS Following discussion of the matter, it was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that the City Attorney is hereby instructed to be present at all Planning Commission meetings. POLICE DEPARTMENT - OUT -OF -CITY EMERGENCIES Following discussion on. the Police Chief's request, it was moved by Councilman. Arnold, seconded by Councilman Arrowood and unani- mously carried, that the patrolmen a;n.d the patrol car are hereby authorized to respond to emergencies outside the City in the immediate area. REGISTRATION OF SEX OFFENDERS AND EX -CONVICTS The Police Chief reported that sex offenders are required by State Law to register with the City's police department. He reported that the City Attorney and himself are working together on the development of a criminal code which would require the registra- tion of ex -convicts, also. This criminal code would provide ordinances which would greatly facilitate the police department's operations It was moved by Councilman Baroldi that the Police Chief's report be received, which motion was seconded by Councilman Arrowood and unanimously carried August 11, 1958 -5- It was moved by Councilman Arnold., seconded by Councilman Arrowood and unanimously carried, that the City Attorney prepare such an ordinance when the Chief of Police and the City Attorney have agreed on the form of the ordinance TWENTY-FOUR HOUR POLICE PROTECTION There followed a brief discussion by the Council as to ways and means of providing another patrolman in order that the City might have 24-hour police protection It was decided to complete action on the agenda and then to open the discussion to the members of the audience. SALARY RESOLUTION The Deputy Clerk presented and read a resolution establishing the salaries of the employees of the City of Cypress for the fiscal year 1958-59. The Deputy Clerk stated that the adoption of said resolution is required by State law. It was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that said resolution, No 69, be and is hereby adopted. AUDIT REPORT The Deputy Clerk presented the year-end audit report for the fiscal year 1957-58 as submitted by the City's auditors, Diehl, Evans and Company Following a report by the Audit Committee, it was moved by Councilman Arrowood, seconded by Councilman Arnold and unanimously carried, that said audit report be returned to the auditors for correction of certain errors S'1'EEET RECONSTRUCTION FUNDS FROM COUNTY Following a report by the City tanager as to the availability of County held Gas Tax Funds, it was moved by Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, that the City formally request from the County of Orange our portion of said funds to be used for reconstruction of Cerritos Avenue TRA .FIC SIGNALS The City Manager reported receipt of information from the State Division of Highways regarding the installation of traffic sig- nals at major intersections along Lincoln Avenue He stated that August 11, 1958 -6- the City would be informed in the very near future as to the amount of the City's portion of the cost. SHAMROCK STABLES The City Manager reported on the findings of the County Health Department with regard to complaints made against the operations of the Shamrock Stables on Orange Avenue. He stated that the sanitary facilities on the premises meet with County standards. He further stated that the operations of said stables will be moved to a location outside the City within 30 days. CAR3IER MAIL SERVICE Mr Dale Kroesen reported that petitions, with the names of seventeen hundred people in the County area along with the letter from the City of Cypress (which made a total of 3,400 people to be served) had been sent to the Postal authorities in San Fran- cisco for their action on door-to-door mail service in this area ADJOURNMENT There being no further business to come before the Council, it was moved by Councilman Baroldi, seconded by Councilman NcCarney and unanimously carried, that the Council meeting be adjourned Until the next regular meeting. Time of adjournment. 9 50 P. M. ATTEST ti Il Martie Olsthoorn, ity Clerk August 11, 1958 -7-