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1958-11-10MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF CYPRESS November 10, 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 M , with Mayor Van Dyke presiding. The Pledge of Allegiance to the Flag was led by Councilman Arnold. Councilmen present. J. Van Dyke, T A Baroldi, W J. Arrowood, M. G. McCarney, and A E Arnold Councilmen absent None City officials present. MINUTES On motion of Councilman and unanimously carried, 23, 1958, were approved On motion of Councilman and unanimously carried, 14, 1958, were approved City Clerk Olsthoorn, City Manager - Deputy City Clerk Wesenberg, City Attorney Howell, City Engineer Neff, Planning Commissioner Bordner, and Chief of Police Hansen Arnold, seconded by the minutes of the as submitted. Arnold, seconded by the minutes of the as submitted Councilman Arrowood meeting of September Councilman Baroldi meeting of October REGISTER OF DEMANDS On motion of Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, the Register of Demands for the month of November, 1958, was approved LINDEBOOM VARIANCE The Deputy City Clerk presented Use Variance Application No UV - 120 of the Lindeboom Dairy to permit less than the required side yards for two hay barns and for one single-family dwelling It was explained that these structures must be moved and re-established on the property because of the new flood control channel placement The Deputy Clerk read from the minutes of their last meeting the Planning Commission's recommendation on said application It was moved by Councilman Baroldi, seconded by Councilman Arrowood and unanimously carried, that Use Variance No UV -120 be granted with the following condition. That sheet metal siding be attached to -1- November 10, 1958 the proposed hay barns on the north side, a minimum of eight (8) feet in height, in accordance with the City Building Code, and to be painted a solid color KIMBERLIN VARIANCE The Deputy Clerk presented Use Variance Application No UV -118 of Mr F G Kimberlin to permit the continued use of a trailer as a dwelling in the M-1 zone on Orange Avenue The Deputy Clerk explained that this application was a request for a continuation of an existing trailer variance. The Deputy Clerk then read the Planning Commission's recommendation It was McCarney, seconded by Councilman Arrowood and that Use Variance No UV -118 be granted for a ,roved by Councilman unanimously carried, period of five (5) years, expiring on November 10, 1963, and providing that the trailer and surrounding property is to be properly maintained at all times J. W. SMITH VARIANCE The Deputy Clerk presented Use Variance Application No. UV -119 of Mr. J W Smith to permit Mr. Smith to move in and on his property at 9562 Walker Street a single-family with attached garage with less than legal setback and relocate dwelling side yard The Deputy Clerk read the Planning Commission's recommendation on this application It was moved by by Councilman Baroldi and No UV -119 be granted. MERCURO VARIANCE The Deputy City Clerk presented Use Variance Application No UV - 122 of Mr. Tony Mercuro to erect an advertising sign in front of his ice cream business on Lincoln Avenue. The Deputy Clerk then read the Planning Commission's recommendation It was moved by Councilman Baroldi, seconded by Councilman McCarney and unani- mously carried, that Use Variance No UV -122 be granted with the unanimously Councilman McCarney, seconded carried, that Use Variance -2- November 10, 1958 following conditions 1. That said sign be a minimum of ten (10) feet in height above the ground and that construction be in compliance with the City and County Building Codes, 2 That this variance be granted for a time period of one (1) year GERSH VARIANCE The Deputy Clerk presented Use Variance Application No UV -121 of Mrs Edith Day Gersh to permit the operation of a City Hall by the City of Cypress in an existing dwelling, which has been converted into an office, in the R-4 zone. The Deputy Clerk read the Planning Commission°s recommendation MERCURO VARIANCE At this point, it was moved by Councilman Arnold, seconded by Councilman Baroldi and unanimously carried, that the Council re- consider Use Variance No. UV -122. It was moved by Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, that the first motion, granting the variance, be rescinded It was moved by Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, that UV -122 be granted with the following conditions 1. That said sign be a minimum of ten (10) feet in height above the ground and that construction be in compliance with the City and County Building Codes, 2 That this variance be granted for a period of three (3) years, expiring November 10, 1961 GERSH VARIANCE (CONTINUED) It was moved by Councilman Baroldi, seconded by Councilman McCarney and unanimously carried, that UV -121 be granted with the condition that said variance be in effect only as long as the property is -3- November 10, 1958 _289 used by the City of Cypress as a City Hall. TRANSFER OF FUNDS It was moved by Councilman Arnold that monies in the sum of $2,137 00 be transferred from the General Fund to the City Attorney's Fund, which motion was seconded by Councilman Arrowood and unanimously carried. PLANNING COMMISSION ORDINANCE AMENDMENT Ordinance No 45, amending Ordinance No 26, Section 2, by re- quiring new appointees to the Planning Commission to be registered voters of the City, was presented for second reading and adoption and the title of said ordinance was read by the Deputy City Clerk. It was moved by Councilman Baroldi, seconded by Councilman McCar- ney and unanimously carried, that said ordinance be read by title only It was then moved by Councilman Arrowood that Ordinance No 45 be and is hereby passed and adopted, which motion was seconded by Councilman McCarney and unanimously carried by the following roll call vote AYES Councilmen Arnold, Arrowood, Baroldi, McCarney, and Van Dyke NOES None ABSENT: None FIRE ARMS ORDINANCE The City Attorney presented and read a proposed ordinance pro- hibiting the discharge of fire arms and certain other weapons within the City On motion of Councilman McCarney, seconded by Councilman Baroldi and unanimously carried, said ordinance was introduced for first reading and passed on to the next meeting for second reading and final adoption CURFEW ORDINANCE The City Attorney presented and read a proposed ordinance estab- lishing curfew hours for minors under 18 years of age as between 11.00 o'clock P. M. and 5 00 o'clock A M. On motion of Councilman -4- November 10, 1958 29(5 McCarney seconded by Councilman Arrowood and unanimously carried, said ordinance was introduced for first reading and passed on to the next meeting for second reading and final adoption REGISTRATION OF EX -CONVICTS ORDINANCE A proposed ordinance was presented and read by the City Attorney, which ordinance requires the registration with the Chief of Police of persons convicted of certain crimes. The matter was tabled temporarily PURCHASING RESOLUTION The City Attorney read a proposed resolution establishing certain purchasing policies for the City Following discussion, it was moved by Councilman Baroldi, seconded by Councilman Arnold and unanimously carried, that the matter be tabled until the next meeting EX -CONVICTS ORDINANCE The proposed ordinance was re -read with certain changes having been made in the wording of the ordinance Councilman Arnold moved that the matter be tabled until the ordinance is retyped, which motion failed for lack of a second. It was then moved by Councilman Baroldi that said ordinance be introduced for first reading and passed on to the next meeting for second reading and final adoption, which motion was seconded by Councilman Arrowood and carried by a vote of four (4) Ayes to one (1) No (Councilman Arnold dissenting) FALSE INFORMATION ORDINANCE The City Attorney suggested the adoption of an ordinance making it a misdemeanor to give false or misleading information to the Police Department and the City Officials It was recommended that such an ordinance be put in draft form to be presented to the City Council at the next meeting -5- November 10, 1958 1 CIVIL DEFENSE AGREEMENT SIGNATURE Following explanation of the agreement by the City Manager, it was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that the Director of Civil Defense be and he is hereby authorized to sign the agreement with the State of California allowing the State to charge the City an additional ten percent (100) service charge on surplus property purchased by the City APPOINTMENT OF PLANNING COMMISSIONERS Mayor Van Dyke stated that he had made no decision on the appoint- ments to fill the two vacancies on the Planning Commission He asked for an expression of opinion from each Councilman as to whether he favored delaying the appointments until the new ordi- nance, No 45, becomes effective or whether he favors re -appoint- ment of the two men whose terms are expiring. Upon being polled, the Councilmen expressed their opinions as follows Councilman Councilman Councilman Councilman McCarney - appoint a new man; Baroldi - appoint a new man, Arrowood - Arnold comply with the new ordinance, - re -appoint the same two men, and, when their terms expire, appoint registered voters Mayor Van Dyke stated that he would go along with the majority of the Council and that there would be no appointment at this time. It was moved by Councilman Arnold, seconded by Councilman Baroldi and unanimously carried, that a letter be written to the Texas Company and Mr Wheelock, explaining why he was not re -ap- pointed to the Planning Commission and thanking him for his services to the City RELIEF PATROLMAN FUNDS The City Manager explained that, in order to give twenty-four hour police protection to the City, it would be necessary to hire -6- November 10, 1958 a relief patrolman, in addition to the patrolman already set up in the budget to be hired in January, 1959 The City Manager also explained that, in order to pay the relief patrolman's salary for the six months from January through June, 1959, a transfer of monies from the General Fund to the Police Depart- ment Fund would be necessary It was moved by Councilman Baroldi that the Council authorized the transfer of monies in the amount of $3,300.00 to the Police Department Fund from the General Fund, which motion was seconded by Councilman Arrowood and carried by the following roll call vote• Councilman Arnold - No vote Councilman Arrowood - Aye Councilman Baroldi - Aye Councilman McCarney - Aye Councilman Van Dyke - Aye. DAIRYLAND POLICE CONTRACT The City Manager presented to the Council the request of the City of Dairyland to enter into a contract with the City of Cypress for 2k -hour police protection and outlined the proposal which Dairyland had offered. Following discussion, it was moved by Councilman Arrowood that the City Council approved in principle entering into a contract with the City of Dairyland for police protection, the contract to be drawn up and presented to the Council for approval, to be on a yearly basis and can be cancelled. by either party by giving four (4) months' notice Said motion was seconded by Councilman Baroldi and carried by the following roll call vote AYES. Councilmen Arrowood, Baroldi, McCarney, and Van Dyke NOES Councilman Arnold ABSENT. None November 10, 1958 -7- ORANGE AVENUE RIGHT-OF-WAY PROBT,FM The City Manager stated that this problem had been solved by a telephone conversation with Mr. Bauders of the Division of High- ways in Los Angeles WALKER STREET PROJECT The City Engineer presented the project statement and estimate of costs to re -surface Walker Street between Orange and Ball It was moved by Councilman Arnold, seconded by Councilman McCarney and unanimously carried, that the project statement be accepted and forwarded to the State for their approval HOLDER STREET DRAINAGE CHANNEL The City Engineer presented plans of the proposed drainage pro- ject which were studied by the Council Following discussion, it was moved by Councilman Arnold that the City Engineer contact the owners of the property involved and attempt to obtain the necessary right-of-way without payment of funds if possible, which motion was seconded by Councilman Arrowood and unanimously carried FLOOD CONTROL CHANNEL BRIDGES The City Engineer presented a request from the Orange County Flood Control District that the City Council approve the bridges across the new C2 Flood. Control channel on Katella and Cerritos Avenues It was moved by Councilman Arnolo_, seconded by Council- man Baroldi and unanimously carried, that the Council so approved COUNTY GAS TAX RESOLUTION It was moved by Councilman Baroldi, seconded by Councilman Arro- wood and unanimously carried, that Resolution No 75, requesting the County to include within the arterial highway financing program the development of Cerritos Avenue, be adopted. CITY ENGINEER'S FEES The Deputy City Clerk presented a statement received from the City Engineer for salary and special fees due him from July 1, -8- November 10, 1958 1956, to June 30, 1958, in the amount of 12,341 50 On motion. of Councilman Arnold, seconded by Councilman McCarney and unani- mously carried, the Council approved the payment of said sum to the City Engineer COUNTY STREET NAMING COMMITTEE REQUEST The Deputy City Clerk stated that the County Planning Commission's Street Naming Committee had requested the opinion of the Cypress Planning Commission on the question of changing the name of Lincoln Avenue to Carson Street There followed discussion of the question On motion of Councilman. Arnold, seconded by Coun- cilman Arrowood and unanimously carried, the Council expressed a preference for the name of Lincoln Avenue, if all other jurisdictions also so approve ADJOURNMENT There being no further business to come before the Council, on motion of Councilman Arnold, seconded by Councilman Arrowood and unanimously carried, the meeting was adjourned at 10 45 P M. until the next regular meeting ATTEST • Martin 01 -9- November 10, 1958 Van Dyke, Mayor