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Minutes 61-03-20MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD March 20~ 196~ The City Council of the City of Cypress met in regular session at 7:30 P.M., on March 20, 1961 in the Council Chambers of the City Hall, Mayor Baroldi presiding. PRES~T: Arrowood, I~nni, McCarney, Van Dyke and Baroldi ABSenT: None Also present were: City Manager Fred D. Harber, City Attorney, William Camil and City Fmgineer John Toups. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, that the Minutes of February 20, 1961 be approved as mailed. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that the Minutes of March 6, 1961 be approved as mailed. ORAL COMMUNICATIONS: Mr. Kenneth Sperry, Long Beach, Calif. representing St. Mary's Hospital Guild, Inc., of Long Beach, Calif., presented a written request for waiver of admission tax on tickets sold by their organization for the annual "Day at the Races", a charitable event to be held at the Los Alamitos Race Course on Wednesday, April 19, 1961. It was moved by Councilman Van Dyke, seconded by Councilman Afrowood, and unanimously carried, that the fees be waived for St. Mary's Hospital Guild, Inc., Long Beach, for their fund raising event to be held on April 19, 1961. PUBLIC HEARING RE: CONDITIONAL USE PF~RMIT NO. C-133~ PETE VAN RUITE~: The Mayor announced this was the time and place for a public hearing in regard to application for amendment to Conditional Use Permit No. C-133 for the construction of an 18-hole pitch and putt golf course and an 18-hole miniature golf course, driving range and club house as requested by Pete Van Ruiten, 3759 Bloomfield, Artesia to be located on the corner of Bloomfield and Lincoln. There being no written protests filed, and no oral protests, it was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, the public hearing be closed. After discussion, it was moved by Councilman McCarney, seconded by Councilman Afrowood and unanimously carried, that Conditional Use Permit No. C-133 be approved subject to the original conditd ons as follows: 1. That driveways on Lincoln Ave., be constructed in accordance with the rules and regulations of the State Division of Highways and that curbs and gutters be constructed on 3~ feet along Lincoln Avenue. 2. That any and all outdoor lighting apparatus be so constructed, directed, and shielded so as not to cast direct beams of light on any adjacent property not owned by the applicant. 3. That adequate adult supervision be maintained on the premises at all times when opened to the public in order to handle and control the persons on the premises. 4. That a six foot high chain link fence be erected completely surrounding all operations on the property with the exception of that portion facing Lincoln. March 20, 1961 5- That applicant install 4 foot wide sidewalks along the front of his property facing Lincoln. 6. That applicant dedicate to the City on Bloomfield Ave., for street widening purposes a minimum of 40 feet from the centerline plus an area sufficient for a 1~ to 1 foot street slope where applicant's property borders on Bloomfield. 7. That applicant post a bond or cash in an amount to be determined by the City Engineer for construction, at the time of street improve- ment, of curbs and gutters along Bloomfield Ave., where applicant's property borders on said street; 8. That the word "Bar" be deleted from the plot plan. PUBLIC HEARING RE: AMENDM~T TO USE VARIANCE PERMIT NO. UV-151 - LEON AND CLARA DUCHARME: The Mayor announced this was the time and place for the public hearing in regard to application for amendment to Use Variance Permit No. UV-151 to permit building a rental on a lot located at 9102 Miller Street as requested by Leon and Clara Ducharme. There being no written or oral protests the Mayor declared the public hearing closed. After discussion, it was moved by Councilman McCarney, seconded by Councilman Arrowood, and unanimously carried, that Amendment to Use Variance Permit No. UV-15] be approved subject to the conditions as follows: 1. The words "guest house" be stricken from the application. 2. Street dedication be given 60 feet from the center line of the street. 3. Bond or cash to be posted to secure curbs and gutter improvements. 4. All requirements of the Zoning Ordinance, Building Code, and all other applicable Ordinances be met. 5. The structure to be a single family dwelling only. PUBLIC HEARING RE: USE VARIANCE NO. UV-153 - RECORD HOMESt I~C: The Mayor announced this was the time and place for the public hearing in regard to application for Use Variance No. UV-153 for rear and side- yard variance as requested by Record Homes, Inc., 8670 Wilshlre Blvd., Beverly Hills, Calif. There being no written or oral protests, the Mayor declared the public hearing closed. Considerable discussion was held and it was moved by Councilman McCsrney, seconded by Councilman Anrowood and unanimously carried, that this matter be taken under submission until the next regular meeting of the City Council. The following roll call vote was taken: AYES: 5 COUNCILM~Nq: NOES: O COUNCILMEN: ABS~qT: 0 COUNCILM~: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None PUBLIC HEARING RE: USE VARIANCE NO. UV-155 - WALTER C. AND MARY C. KUPPENS: The Mayor announced this was the time and place for a public hearing in regard to application for Use Variance No. UV-155 for a proposed church and school on a four acre tract to be located on the north side of Cerritos, east of Bloomfield, and west of Moody as requested by Walter C. and Mary C. Kuppens, 4771 Cerritos, Anaheim, Calif. There being no written or oral protests, the Mayor declared the public hearing closed. Considerable discussion was held and it was moved by Councilman McCarney, seconded by Councilman Arrowood and unanimously carried, that Use Variance No. UV-155 be approved subject to the conditions as follows: March 20, 1961 1. Street right-of-way dedication be made in favor of the City. 2. Public improvements installed including street widening, curbs, gutters and sidewalks. 3- Eh~ainage structures as required by the City Engineer. 4. A six foot ornamental block wall fence erected on the north side of the property. PUBLIC HEARING RE: ZONE CHANGE Z-13 - LARWIN FUND: The Mayor announced this was the time and place for public hearing in regard to application for amendment to Zoning Ordinance to rezone property on the southeast corner of Bloomfield and Ball from an M-1 District to a C-2 District as requested by Larwin FUnd, 8670 Wilshire Blvd., Beverly Hills, Calif. to be known as Zone Change Z-13. There being no written or oral protests, the Mayor declared the public hearing closed. After discussion, it was moved by Councilmn ArrowGod, seconded by Councilman Van Dyke, that this Zone Change be granted under a Use Variance subject to the usual conditions of public improvements, street right-of-way dedications, and drainage structures to be constructed to the satisfaction of the City Engineer. The following roll call vote was taken: AYES: 2 COUNCILM~IN: NOES: 3 COUNCILMIEN: ABS~NT: 0 COUNCILMEN: ArrowGod and Van Dyke Denni, McCarney and Baroldi None Motion failed to carry. It was then moved by Councilman Denni, seconded by Councilman McCarney, and carried, that application for Zone Change Z-13 be taken under submission for the next regular meeting. The following roll call vote was taken: AYES: 3 COUNCILM~2q: Denni, McCarney and Baroldi NOES: 1 COUNCILMAN: Van Dyke ABSENT: O COUNCILMEN: None ABSTAINED: i COUNCILMAN: ArrowGod PUBLIC HEARING RE: ZONE CHANGE Z-14 - LARWIN FUND: The Mayor announced this was the time and place for the public hearing in regard to application for amendment to Zoning Ordinance to rezone property on the northwest corner of Walker and Cerritos from an A-2 Zone to a C-2 D~strict as requested by Larwin FUnd, 8670 Wilshire Blvd., Beverly Hills, Calif., to be known as Zone Change Z-14. There being no oral or written protests, the Mayor declared the public hearing closed. It was moved by Councilman Denni, seconded by Councilman McCarney, and carried, that application for Zone Change Z-14 be taken under submission until the next regular meeting of the Council. The foliowing roll call vote was taken; AYES: 3 COUNCILMEN: Denni, McCarney and Baroldi NOES: 1 COUNCILMAN: Van Dyke ABSENT: O COUNCILM~: None ABSTAINED: 1 COUNCILMAN: ArrowGod PUBLIC HEARING RE: ZONE CHANGE Z-1D - LARWIN FUND: The Mayor announced this was the time and place for a public hearing in regard to application for amendment to Zoning Ordinance to rezone property on the southwest corner of Moody and Ball from an M-1 Zone to a C-2 Zone as requested by Larwin FUnd, 8670 Wilshire Blvd., Beverly Hills, California, to be known as Zone C~nge Z-15. There being no oral or written protests, the Mayor declared the public hearing closed. March 20, 1961 It was moved by Councilman Denni, seconded by Councilman McCarney and carried, that application for Zone Change Z-15 be taken under submission until the next regular meeting of the Council. The following roll call vote was taken: AYES: 3 COUNCILMEn: Denni, McCarney and Baroldi NOES: 1 COUNCILMAN: Van Dyke ABS~INT: 0 COUNCILMEN: None ABSTAINED: I COUNCILMAN: Arrowood PUBLIC HEARING RE: ZONE CHANGE Z-16 - LARWIN FUND: The Mayor announced this was the time and place for a public hearing in regard to application for amendment to Zoning Ordinance to rezone property on the southeast corner of Moody and Ball from an A-2 Zone to a C-2 Zone ss requested by Larwin ~hnd, 8670 Wilshire Blvd., Beverly Hills, to be known as Zone Change Z-16. There being no oral or written protests the Mayor declared the public hearing closed. It was moved hy Councilman Denni, seconded by Councilman McCarney, and carried, that application for Zone Change Z-16 be taken under submission until the next regular meeting of the Council. The following roll call vote was taken: AYES: 3 COUNCILMEN: Denni, McCarney and Baroldi NOES: I COUNCILMEN: Van Dyke ABSENT: O COUNCILMEN: None ABSTAINED: i COUNCILMAN: Arrowood PUBLIC HEARING RE: ZONE CHANGE Z-17 - LARWIN FUND: The Mayor announced this was the time and place for a public hearing in regard to application for amendment to Zoning Ordinance to fezone property on the northwest corner of Moody and Cerritos from an M-1 District to a C-2 Zone as requested by Larwin Fund, 8670 Wilshire Blvd., Beverly Hills, Calif. to be known as Zone Change Z-17. There being no written or oral protests, the Mayor declared the public hearing closed. It was moved by Councilman Denni, seconded by Councilman McCarney, and carried, that application for Zone Change Z-17 be taken under submission until the next regular meeting of the Council. The following roll call vote was taken: AYES: 3 COUNCILMP~: Denni, McCarney and Baroldi NOES: 1 COUNCILMAN: Van Dyke ABSENT: O COUNCILMEN: None ABSTAINED: 1 COUNCILMAN: Arrowood WRITTEN COMMUNICATIONS: OranSe Count~ League The City Clerk presented written communication from Orange County League of Cities regarding municipal court costs. It was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, the communication be received and filed. Orange Count~ Highwa~ Department The City Clerk presented written communication from the County of Orange Highway Department in regard to a Resolution of the Board of Supervisors establishing the fiscal program for the 1961-62 Arterial Highway Financing Program. It was moved by Councilman McCarney, seconded by Councilman Afrowood, and unanimously carried, the communication be received and filed. Orange Count~ Association for Mental Health The City Clerk presented written communication from the Orange County Association for Mental Health requesting permission to conduct fund drive from April 30 to May 31st, 1961. It was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, that permission be granted to conduct the fund drive as requested. March 20, 1961 ACCEPTANCE OF EASEMENT DEED FROM WALTER C. AND MARY C. KUPPENS: The City Clerk presented Fasement I~ed and Offer to Grant Fasement Deed from Walter C. and Mary C. Kuppens in connection with Conditional Use Permit No. ]27 - Drive In Theater. It was moved by Councilman Afrowood, seconded by Councilman McCarney, and unanimously carried, the Easement [~ed and Offer to Grant F~sement Deed be accepted. RESOLUTION RE: CLAIMS ~J~D DRIPANDS NOS. 3292 THRU 3322 (PAYROLL) The City Clerk presented Resolution allowing claims and demands Nos. 5292 thru 5522 for payroll purposes. It was unanimously agreed this Re- solution be read by title only as follows: RESOLUTION NO. 160 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 3292 THRU 3322 It was moved by Councilman Afrowood, seconded by Councilman Van i>yke, and unanimously carried, that this Resolution be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILM~tN: Arrowood, Denni, McCarney, Van E~yke and Baroldi None None REE©LUTIOM RE: CLAIMS AND DEMANDS NOS. 3323 THRU 3391 (0THe) The City Clerk presented Resolution allowing certain claims and demands Nos. 3323 thru 5391. It was unanimously agreed this Resolution be read by title only as follows: RESOLUTION NO. 161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALIDWING CERTAIN CLAIMS ~D DEMANDS NOS. 3323 THRU 3391 It was moved by Councilman Denni, seconded by Councilman McCarney, and unanimously carried, this Resolution be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None APPROVAL OF R~I3ORD MAP FOR TRACT 4046: The C~ty Clerk presented Record Map for Tract 4046, with street names shown on the map. It was moved by Councilman Denni, seconded by Councilman McCarney and unanimously carried, this Record Map with street names for Tract N~. 4046 be approved and authorize the Mayor and City Clerk to sign Record Map. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke and ~roldi None None APPROVAL OF RECORD MAP FOR TRACT 4047: The City Clerk presented Record Map for Tract 4047 with street names shown on the map. It was moved by Councilman Denni, seconded by Councilman McCarney, and unanimously carried, this Record Map with street names for Tract 4047 be approved and authorize the Mayor and City Clerk to sign Record Map. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke and Baroldi None None March 20, 1961 APPROVAL OF RECORD MAP FOR TRACT 3966: The City Clerk presented the Record Map for Tract No. 3966 with street names as shown on the Map. Mr. Robert Light, 6381 Hollywood Blvd., North Hollywood, Calif., President of Emblem Homes, addressed the Council in regard to Tract No. 3966 and requested permission for a transcript of the proceedings concerning Tract No. 5966. There was no objection. Considerable discussion was held pertaining to the drainage in Tract No. 3966 and Mr. William P. Bowman, Vice President of Emblem Homes addressed the Council. Mr. Fred Quiros, Engineer for Emblem Homes, also addressed the Council in relation to the questions asked concerning drainage. Mr. James Duncan, 9582 S. Walker, Cypress addressed the Council in- auiring about drainage from the proposed Subdivision Tract No. 3966. Mr. Light, representing Emblem Homes, Inc., suggested the following plan in conjunction with the Master Plan of Drainage in the City known as B-1 which would cover the area in and adjacent to Tract No. 5966. "The subdivider to complete all the structures required by the Master Plan of Drainage for area B-1 and all amounts collected as drainage charges for such area by the City be paid to F~nblem Homes Inc., under a reimbursable contract to provide they received all monies collected from the district until their cost was recovered but if such sum or sums were less than the cost to Emblem Homes, Inc., then the City would have no liability to make up the deficit. Discussion followed and no action taken. It was moved by Councilman Afrowood, seconded by Councilman Van Dyke and carried, that the City Engineer and the Engineer for the Subdivider work out the correct figures on the project and bring it back to Mr. Harber, City Manager and the City Council and a special meeting be called for April 3, 1961 to discuss the matter further. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: ABSTAINED: I COUNCILMAN: Arrowood, McCarney, Van Dyke and Baroldi None None Dennl ORDINANCE RE: REQUIRING ENCLOSURE OF SWIMMING POOLS: The City Clerk presented a proposed Ordinance requiring the enclosure of swimming pools located withjn the City of Cypress. The proposed Ordinance was read in full, the title as follows: ORDINANCE NO. 87 AN ORDINANCE OF THE CITY OF CYPRESS REGULATING AND REQUIRING THE ENCLOSURE OF SWIMMING POOLS It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that this Ordinance be adopted and become effective ~mmediately. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None ORDINANCE RE: REQUIRING PERMIT FOR THE RELOCATION OF BUILDINGS: The City Clerk presented a proposed Ordinance requiring a permit for the relocation of buildings. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, this Ordinance be read by title only. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING A PERMIT FOR THE RELOCATION OF BUILDINGS. March 20, 1961 It was moved by Councilman Arrowcod, seconded by Councilman McCarney, and unanimously carried, that this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILME: ABS~]qT: O COUNCILMEN: Arrowcod, Denni, McCarney, Van Dyke and Baroldi None None RESOLUTION RE: SURPLUS PUBLIC PROPERTY: The City Clerk presented a proposed Resolution requesting that muni- cipalities have the same rights which pertain to school districts with reference to surplus public property. It was unanimously agreed the Resolution be read by title only as follows: RESOLUTION NO. 162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING T}~AT MUNICIPALITIES HAVE THE SAME RIGHTS WHICH PERTAIN TO SCHOOL DISTRICTS WITH REFER~INCE ~Y) SURPLUS PUBLIC PROPERTY. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that this Resolution be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Arrowcod, Denni, McCarney, Van Dyke and Baroldi None None RESOLUTION RE: ENDORSING LEGISLATIVE PROGRAM TO AMENDMENT AS PRO~SED IN ASSEMBLY BILL 1320: The City Clerk presented a proposed Resolution endorsing a legislative program to amend the Mayo Breed Formula as proposed in Assembly Bill 1320 to provide a minimum of 60 percent of the State Highway Construction Fund to the Southern Counties group. It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING A LEGISI,ATIVE PROGRAM TO AMEND THE MAYO BREED FORMULA AS PROPOSED IN ASSEMBLY BILL 1320 TO PROVIDE A MINIMUM OF 60 PERCENT OF THE STATE HIGHWAY CONSTRUCTION FUND TO THE SOUTHERN COUNTIES GROUP. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that Resolution No. 163 be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT:O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke and Baroldi None None WRITTEN COMMUNICATION F~OM CALIF. LEAGUE OF CITIES RE: LEGISLATIVE ACTION: The City Manager reported on a written communication from the Calif. League of Cities concerning legislative action being proposed for inform- ational purposes. SOUTHERN CALIF. WATER CO. RE: DRILLING WELL: The City Manager reported the Southern Calif. Water Company had requested sn informal opinion on drilling a water well w~thin the City of Cypress. Discussion was held on this matter and no action taken. No objection was raised to their commencing immediate drilling operations subject to meeting all the conditions that might be imposed by a Conditional Use Permit. March 20, 1961 WRITT~ COMMUNICATION FROM LOS ALAMITOS & CYPRESS DISPOSAL CO. RE: FRANCHISE FOR TRASH PICKUP: The City Manager presented a written communication and proposal from the Los Alamitos and Cypress Disposal Co. for a franchise for the trash and garbage pickup within the City of Cypress. Considerable discussion was held and it was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that the City enter into a contract granting the exclusive franchise to haul trash and garbage in the City to the Los Alamitos and Cypress Disposal Company, and that the City Attorney and City Manager be directed to draft a contract for approval of City Council at the next Council meeting to be held on April 3, 1961. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILM~]~: ABS~]qT: O COUNCILM~: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None REQUEST FROM CITY OF BUENA PARK FOR PF~ISSION TO COMPLETE CONSTRUCTION WORK ON RAILWAY CROSSING ON HOLDER STREET: The City Manager presented request from the City of Buena Park for permission to come into the City of Cypress to complete the work on the Holder Street railroad crossing in accordance with the plans and specifications and act as inspection agent. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that the City of Buena Park be given permission to come into the City of Cypress to complete the work on the Holder Street railroad crossing in accordance with the plans and specifications and act as inspection agent. SPEED LIMIT SIGNS: The City Manager addressed the Council with regard to regulating speed limits within the City of Cypress. Discussion followed and the City Manager suggested the following measures could be taken to reduce the speed on the curve on Cerritos. 1. Widen road as much as possible without obtaining additional right-of-way. 2. Install a rumble strip. 3. Install a yellow flashing light over-hanging curve on Cerritos. 4. Install a flashing light at the intersection of Walker and Cerritos and another flashing light at Miller and Cerritos. It was Unanimously agreed that a stop sign be placed at Cerritos and Miller on March 21st, and paint white line on curve for immediate action for safety measures, and a Traffic Safety Ordinance be prepared for future consideration. ADJOUrnMENT: There being no further business to come before the Council, it was moved by Councilman Arrowood, seconded by Councilman McCarney, and unani- mously carried, that the Council adjourn at 10:45 P. M., to April 3, 1961 at 7:30 P. M., in the Council Chambers of the City Hall, 9739 South Walker, Cypress. THOMAS A. BAROLDI, MAYOR ATTEST: FRED D. HARBER, CITY CLERK March 20, 1961