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Minutes 61-04-03 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS Ht~X.D April 3, 1961 The City Council of the C~ty of Cypress met in regular session at 7:50 P.M., on April }, 1961 in the Council Chambers of the City Hall, Mayor Baroldi presiding. PNES~T: Afrowood, Denni, Barold] ABSENT: Van Dyke and McCarney Also present were: City Manager Fred D. Harber, City Attorney William Camil, and City Engineer John Toups. MINUTES: It was moved by Councilman Arrowood, seconded by Councilman Denni, and unanimously carried, the Minutes of March 20, 1961 be approved as mailed. Councilman McCarney arrived at 7:35 P.M., and took his chair on the podium. ORAL COMMUNICATIONS: There were no oral communications presented at this time. PUBLIC HEAF~ING RE: PROPOSED ZONING ORDINANCE: The Msyor announced this was the time and place for the public hearing ]n regard te the proposed Zoning Ordinance for the C]ty of C~press md asked if there was anyone in the audience that wished to speak for or against the proposed Ordinance. There being no wrdtten protests on file, and no oral o~otests, the Mayll~ declared the public hearing closed. The City Manager gave s brief resume on the proposed Zoning Ordinance and after discussion, 5t was moved by Councilman McCarney, seconded by Councilman Afrowood, and unanimously carried, the proposed Ordinance be read by title only as follows: ORDINANCE NO. AN ORD1NANC!i] OF THE CITY OF CYPRESS TO ESTABLISH USE ZONES REGULATING TH~] U:~E OF LAND, HEIGHT OF BUILDINGS AND SIZE OF YARDS; TO ESTABLISH AI~EA DISTRICTS IN WHICH MINIMUM AREAS ARE DEFINED; PROVIDING FOR THE A!~[~ION, AMENDMENT AND ENFORC~ENT OF SUCH REGUIATIONS, PRE- SCRIBING PENALTIES FOR VIOLATION, AND REPEALING AlL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. It wa~ moved by Councilman McCarne~, seconded by Councilman Afrowood, and unanimously carried, th~s Ordinance pass its first reading by the follow- call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILM~N: ABSENT: 1 COUNCILMAN: Arrowood, Denni, McCarney and Baroldi None Van Dyke .~aEOkD MA'2 AND STREET NAMES FOR TRACT NO. 5966 (F~nblem Homes Inc.) The City Clerk presented the Record Map and Street names for Tract No. ~966, as requested by Emblem Homes, !no., 8906 W. Olympic Blvd., Beverly Hills, Calif. to be located on the north side of Orange Ave., between Walker and Miller. Mr. Jim Duncan, 9582 Walker Street, Cypress presented a petition containing approximately forty signatures objecting to the approval of the Record Map of Tract No. 3966 due to the drain~ge. Councilman Van Dyke arrived at 7:50 P.M. and took his chair on the podium. April 3, 1961 Mr. Robert Light, President of Emblem Homes, Inc., addressed the Council representing the Developer. Considerable discussion followed concerning the drainage of the proposed development wherein the City Manager outlined the various methods proposed to drain this tract to be as follows: ]. By Subdivider: Tilt land by grading roads to take bulk of water to Walker and Orange, then install a 30" pipe half-way <1 320') down Walker towards Ball Road and an open ditch from this point to Ball Road as a temporary structure and to be absolved from contribution to the Master Plan of Drainage known as B-1. 2. By City Staff: Leave land to drain as in raw state and take drainage north on Miller to railroad tracks along railroad tracks to a point opposite easterly extension of Newman Street, thence to improved portion of Newman Street in an open earth channel, thence underground in 48" pipe in Newman Street to a point 150' west of the west side of Walker Street, then grade open ddtch to daylight right-of-way permitting. Pay the acreage charge for those acres naturally flowing to Walker and Orange. 3- By City Staff: Same as Plan No. l, except carry underground pipe all the way to Ball Road and this work to be in lieu of acresEe charges. After further discussion, Mr. Light stated they would prefer Plan No. 1. The City Manager explained in detail the advantages and disadvantages of all three plans and recommended the City accept Plan No. 2 as he had outlined. It was moved by Councilman Van Dyke, seconded by Councilman McCarney, and unanimously carried, that the City Manager, City Fa~glneer and City Attorney be directed to prepare all the necessary details for Plan No. 2 and in the report to cover drainage and costs of all facilities and legal liabilities arising from the proposed plan and to report back to the City Council on the 17th day of April; report to cover provisions for drainage of additional water that may drain south on Walker from the 10.7 acres. The following roll call vote was taken: AYES: 5 COUNCILME: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None Mr. Jim Duncan presented an additional petition to supplement the original petition filed in protest to the acceptance of Record Map of Tract No. 3966. It was moved by Councilman Afrowood, seconded by Council- man McCarney and unanimously carried, that this petition be received and filed. ORDINANCE RE: SPED LIMIT ON STREETS IN CITY OF CYPRESS: The City Clerk presented a proposed Ordinance regarding the speed limit on certain streets in the City of Cypress. The Ordinance was read ~n full, title as follows: ORDINANCE NO. 88 AN ORDIN~NCE OF THE CITY OF CYPRESS PRESCRIBING A PRIMA FACIE SPEED LIMIT ON CERTAIN STREETS WITHIN THE CITY OF CYPMESS (RETEAI.ING ORDINANCE NO. 68) It was moved by Councilman Afrowood, seconded by Councilman McCarney and urlanimously carried, this Ordinance be adopted by the following called vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMAN: Afrowood, Denni, McCarney and Baroldi None Van [~yke April 3, 1961 ORDINANCE RE: COLLECTION OF TRASH AND GARBAGE: The City Clerk presented a proposed Ordinance regarding the collection of trash and garbage within the City of Cypress. Mr. Scott Raymond, Attorney representing the Cypress Disposal Co., addressed the Council and asked for their consi deration in granting a franchise and to consider the Cypress Disposal Co. as an applicant for the contract. It was moved by Councilman ArrowGod, seconded by Councilman McCarney, and unanimously carried, the proposed Ordinance be read by title only. ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS RELATIVE TO T~E COLLECTION OF GARBAGE, TRASH, RUBBISH, WASTE I{ATERIAI., ETC. It was moved by Councilman ArrowGod, seconded by Councilman McCarney and unanimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILMEIq: NOES: O COUNCILMEN: ABSLNT: O COUNCILMEN: ArrowGod, Denni, McCarney, Van Dyke, Mayor Baroldi None None SECOND READING ORDINANCE RE: REQUIRING A PERMIT FOR THE RELOCATION OF BUILDINGS: It was moved by Councilman ArrowGod, seconded by Councilman McCarney and unanimously carried, the Ordinance requiring permits for the relocation of build- ings be read by title only. ORDINANCE NO. 89 AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING A PERMIT FOR THE RELOCATION OF BUILDINGS It was moved by Councilman McCarney, seconded by Councilman ArrowGod, and unanimously carried, that this Ordinance pass its second reading and be adopted by the following roll call vote: AYES: 5 COUNCIiM~: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: ArrowGod, Denni, McCarney, Van Dyke, Mayor Baroldi None None RESOLUTION RE: SURPLUS PROPERTY FOR CIVIL DEFENSE PURPOSES: The City Clerk presented Resolution authorizing the City Manager to sign for and accept surplus ~ederal property for civil defense purposes on behalf of the City. It was unanimously agreed to read the Resolution by title only as follows: RESOLUTION NO. 164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE CYPRESS AUTHORIZING THE CITY MANAGER OF SAID CITY TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY FOR CIVIL DEFENSE PURPOSES. It was moved by Counci]ma~ ArrowGod, seconded by Councilman McCarney, and unanimously carried, that this Resolution be adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSFiWT: O COUNCILMAN: ArrowGod, Denni, McCarney, Van Dyke, Baroldi None None ORDINANCE RE: EXCAVATION PERMITS: The City Clerk presented a proposed Ordinance requiring excavation permits. It was moved by Councilman ArrowGod, seconded by Councilman McCarneF, and unanimously carried, that this Ordinance be read by t~ tle only as follows: April 3, 1961 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING PEP~4ITS FOR THE EXCAVATIONS, FILLING ~D OBSTRUCTION OF PUBLIC HIGHWAYS, PRE- SCRIBING THE PROCEDURE FOR THE APPLICATION AND ISSUANCE OF PF~MITS, AND IMPOSING PENALTIES FOR VIOLATIONS. It was moved by Councilman Arrowcod, seconded by Councilman McCarney, and unanimously carried~ that the Ordinance pass its first reading, by the fo]lowing roll call vote: AYES: 5 COUNCILMEN: NOES: O COJNCILMEN: ABSENT: O COUNCILMEN: Arrowcod, Denni, McCarney, Van Dyke, Baro]di None None COMMUNICATION FROM COUNTY OF CRINGE RE: AGREEMENT FOR ISSUANCE OF PERMI. T~ AND INSPECTION WORK FOR CITY OF CYPRESS: The City Manager presented a written communication from the County of Orange regarding the Agreement pertaining to the issuance of permits, inspection work and road maintenance work for the City of Cypress, stating the Agreement terminates June 30, 1961 unless renewed by the City. After d~scuss]on, it was moved by Councilman Arrowcod, seconded by Councilman McCarney and unanimously carried, that the City of Cypress request the Board of Supervisors of the County of Orange, to termdnate the contract between the City of Cypress and the County of Orange, whereby the County is performing the services of issuance of excavation permits, inspection work and road maintenance at the earliest possible date. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABS~T: 0 COUNCILM}~q: Arrowcod, Denni, McCarney, Van Dyke, Baroldi None None ORAL COMMUNICATIONS: Mr. George Woodyard representing the Greater All American Markets, Inc., presented a written request for an advertising sales promotion to include seven mechanical amusement rides for a period of five days, April 12, 1961 through April 16, 1961 on the parking lot of the All American Market located at 6381 Ball Road, Cypress. After discussion, it was moved by Councilman Arrowcod, seconded by Councilman Denni, that permission be granted on condition that evidence of insurance coverage be provided to the City of Cypress by the r] de operators in the amount of $100,(K)O to $3OO,OOO and City assume no responsibility for rides in operation. The following roll call vote was taken: AYES: 5 COUNCILME]q: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowcod, Denni, McCarney, Van Dyke, Baroldi None None CROSS-WALK AT ALL AMERICAN MARKET: Councilman Denni introduced discussion concerning the installation of a pedestrian cross-walk on Ball Road for the All-American market. It was unanimously agreed that a cross walk should be installed and the City Manager stated it would be taken care of the following day. USE VARIANCE NO. UV-i~3 - RECORD HOMES INC.: The City Manager presented Use Variance No. UV-153 requesting rear and sideyard variance, stating that this matter had been continued from the preceding meeting, and due to the fact construction had been started, it was necessary to bring it before the Council at this meeting. It was moved by Councilman McCarney, seconded by Councilman Arrowcod, and unanimously carried, that Use Variance No. UV-153 be approved. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowcod, Denni, McCarney, Van Dyke~ Baroldi None None April 3, 1961 A~OU~M~T: There being no further business to come before the Council, it was moved by Councilman McCarney, seconded by Councilman Arrowood, and unani- mously carried, the Council adjourn at 9:40 P.M. THOMAS A. BAROLDI, MAYOR ATTEST: /- FRED D. HARBER, CITY CLERK April 3, 1961