Loading...
Minutes 61-04-17MINUTES OF THE CITY COUNCIl= OF THE CITY OF CYPRESS HELD April 17~ 1961 The City Council of the City of Cypress met in regular session on Monday, April 17, 1961 at 7:30 P- M., Mayor Baroldi presiding. PRESENT: Denni, McCarney, Van Dyke and Baroldi ABSenT: Arrowood Also present were: City Manager Fred D. Harber, City Attorney William Camil and City F~gineer John Toups. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, the Minutes Of April 3, 1961 be approved as mailed. ORAL COMMUNICATIONS: Mr. Thomas Mannel, 10342 Lorraine Lane, Cypress, presented a petition containing approximately 28 signatures requesting the City Council to take immediate action to remove the cause of the offensive odors apparently ordginating in the feed yard located at the intersection of Cerritos and Walker. Councilman Afrowood arrived at 7:55 P.M. and took his chair on the podium. Mr. Carleton C. Havener, 10312 Lorraine Lane, Cypress also addressed the Council regarding the offensive odors. The City Manager reported that the feed yard located on 5592 Cerritos Ave., had been notified several times starting more than six months ago to control the odors which are coming from their feed yards, that the s~tuation has not improved noticeably during that period. After discussion, ]t was moved by Councilman McCarney, seconded by Councilman Denni, and unanimously carried, that the City Attorney be directed to notify the Sombrero Cattle Co., to abate the nudsance within 30 days. Mrs. Patricia Goode, 105 N. Lorradne Lane, Cypress addressed the Council asking when the street lights would be turned on in their Tract and the C~ty Manager reported the lights would be turned on as soon as the Edison Company can complete their installation. t~U!~LIC HEARING RE: CONDITIONAL USE PERMIT NO. C-134 - SOUTHERN CALIF. WATER CO.: The Mayor announced this was the time and place for the public hearing in regard to application for Condit~ona] Use Permit No. C-134 for the establishment of a domestic water supply pumping plant for service to Tract No. 39L1 and to other surrounding residential areas, located at the east end of Tract No. 3911 between Ball Road and the Orange County Carbon Creek Channel, as requested by the Southern Calif. Water Co., ll9ll S. Vermont, Los Angeles, Ca]if. There being no oral or written protests, the Mayor declared the public hearing closed. After discussion, it was moved by Councilman McCarney, seconded by Councilman PennY, and unanimously carried, that Conditional Use Permit No. C-134 be approved subject to improvements shown on plot plan attached to application and also to the following con- ditions: 1. A D' block wall fence be erected along the drainage canal. 2. Ehtire property to be landscaped. 5- Plant to be installed so it would not create a noisy operation from electric motors operating automatically. Apr~ 1 17, 1961 PUBLIC HEARING RE: USE VARIANCE NO. UV-15? - HENRIETTA M. HUGHES: The Mayor announced this was the time and place for the public hearing in regard to application for Use Variance No. UV-157 for the relocation of a sdngle family dwelling on a 36,0OO square foot lot, and to reduce the ~ide yard from 20' to 15' located at 4901 Orange Ave., Cypress, as requested by Henrietta M. Hughes, 4901 Orange Ave., Cypress. There being no oral or written protests the Mayor declared the public hearing closed. After di~cussion, it was moved by Councilman McCsrney, seconded by Councilman Arrowood, and unanimously carried, that Use Variance No. UV-157 be approved subject to the Following condition: ]. Obtain a lot split for property and meet all the conditions of R-] Zone in the new Zoning Ordinance. PUBLIC HEARING RE: ZONE CHANGE Z-J8 - M. AND ALICE MORITA: The Mayor announced this was the time and pZace for the public hearing in regard to application for amendment to the Zoning Ordinance to change the Zone from A-2 to R-l, 6000 square Foot ]ots, the area bounded by Ball Road on the north, Cerritos on the south and Tract 5gll on the west, located at 5856 E. Ball Road, as reCuested by M. Morita and Alice Morlta, 5856 E. Ball Road, Anaheim, to be known as Zone Chsmge Z-18. Mr. Hubert Siegere, 10331 S. Miller, Anaheim addressed the Council concerning the fence to be erected on the proposed subdivision. Mr. John Lea], 5962 Ball Road, Anaheim, also addressed the Council concerning the fence to be erected on the proposed subdivision. Mr. Richard Owens, representing the developer addressed the Council and stated they had planned to build fences as required by the G. I. and F.H.A. requirements but if a block wall fence was made a condition of approval of the tentative map they would comply with this condition. There being no further oral or written protests, the Mayor declared the public hearing closed. After discussion, it was moved by Counc~]m!in Afrowood, seconded by Councilman Van Dyke to direct the City Attorney to draw an Ordinance carrying out the Zone Change as applied for. The following roll call vote was taken: ~YES: 2 COUNCILMEN: NOFJ: 3 COUNCILMEN: ABSENT: O COUNCIIMEN: Arrowood, Van Dyke Denni, McCarney and Baroldi None Motion failed to carry. ~RITTFiN COMMUNICATION FROM NATIONAL MULTIPLE SCLEROSIS SOCIETY' RE: PYND DRIVE: The CitF Clerk presented written communication from National Multipie ~clenosis society requesting permission to conduct fund campaign during the month of August, 1961 in the City of Cypress. It was moved by Council- man McCarney, seconded by Councilman Van Dyke and unanimously carried, th~s request be granted. SECOND READING ORDINANCE RE: ZONING: It was moved by Councilman McCsrney, seconded by Councilman Denni, and unanimously carried, this Ordinance be read by title only. ORDINANCE NO. 9O AN ORDINANCE OF THE CITY OF CYPRESS TO ESTABLISH USE ZONES REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS AND SIZE OF YARDS; TO ESTABLISH AREA DISTRICTS IN WHICH MINIMUM AREAS ARE DEFINED; PROVIDING FOR THE ADOPTiOi~, AMENDMENT AND ENFORCF~ENT OF SUCH REGUI,ATIONS, PRESCRIBING PENALTIES FOR VIOI,ATION, AND REPEAI,ING AIL ORDINANCES OR PARTS OF ORDIN~aNCES IN CONFI,ICT HERM~'!TH. April 17, 1961 It was moved by Councilman Denn], seconded by Councilman McCarney, ano unanimously carried, the Zoning Ordinance pass its second reading and be adopted by the following roll call vote: AYES: 5 COUNCILME]W: NOES: O COUNCILMP~: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None SECOND READING ORDINANCE RE: COLLECTION OF TRASH AND GARBAGE: It was moved by Councilman McCarney, seconded by Councilman Van Dyke snd unanimously carried, this Ordinance be read by title only: ORDINANCE NO. 91 AN ORDINANCE OF THE CITY OF CYPRESS RELATIVE TO THE COLLECTION OF GARBAGE, TRASH, RUBBISH, WASTE MATERIAl,, ETC. It was moved by Councilman Denn], seconded by Councilman McCarney, and unanimously carried, that Ordinance No. 91 pass its second reading and be adopted by the following roll ca]] vote: AYES: 5 COUNCILMP~: NOES: O COUNCILMEN: ASSIST: 0 COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke and Baroldi None None SECOND READING ORDINANCE RE: EXCAVATION PERMITS: It was moved by Councilman Denni, seconded by Councilman McCarney, and unanimously carried, the Ordinance regarding Street Excavation permits be read by title on]y: ORDINANCE NO. 92 AN ORDINANCE OF THE CITY OF CYPRESS REQUIRING PERMITS FOR THE EXCAVATIONS, FILLING AND OBSTRUCTION OF PUBLIC HIGHWAYS, PRE- SCRIBING THE PROCEDURE FOR THE APPLICATION AND ISSUANCE OF PERMITS, AND IMPOSING PENALTIES FOR VIOLATIONS It was moved by Councilman McCarney, seconded by Councilman Dennj, and unanimous].y carried, t~t Ordinance No. 92 pass its second reading and be adopted by the following called vote: AYES: 5 COUNCILMF~: NOES: O COUNCILMEN: ABSenT: O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke and Baroldi None None RP£ORD MAP AND STREET NAMES FOR TRACT NO. 3966 (EMBLEM HOMES~ INC.): The Record Map with street names for Tract No. 3966 located north of Crange Ave., between Walker Street and Miller Street as requested by Emblem liomes, Inc., was presented. The City Manager gave a detailed report on the drainage plan as recommended by the City Engineer, City Manager and City Attorney, after a conference with the representatives of Emblem Homes, inc. held on April 13, 1961 as requested by the City Council at their meeting of April 3, 1961. The proposed plan would provide for permanent drainage structures costing approximately $20,O00 all of which the Subdivider would pay and there being no cost to the City; The Subdivider to be given a "reimbursable contract" from the Drainage District 2-A when and df formed by the City to reimburse Subdivlder from funds collected in such district, ~f any, for the difference between Subdivider's actual cost of such project less what Subdivider acreage drainage fees would be if such district were presently in existance this contract not to be a lien against any other fund in the City; it was estimated the amount to be reimbursable would be approximately $5,000; the actual cost of obtaln]ng any necessary right-of- way to be paid by the Subdivider with the City assist]ng with the con- demnation power as necessary and such costs advanced to be part of the cost of project and all detailed plans and speci fications of the drainage plan being subject to the approval of the City Engineer. April 17, 1961 38 Mr. Robert Light, President of Dnblem Homes, Inc., addressed the City Council stating his company was in full agreement with the proposed drainage plan a~; outlined by the City Manager. The following persons addressed the City Council in regard to the drainage plan: Mrs. Clayton Gouyd, Mr. Howard Tatre, Mrs. Gaspar and Mr. James ~ncan, AFter further discussion, it was moved by Councilman Afrowood, seconded by Councilman Van Dyke to approve the drainage plan for Tract No. 3966 as outlined by the City Manager and to direct the City Attorney to draw a contract with the Subdivider accordingly. The following roll call vote was taken on the motion: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSenT: 0 COUNCILMEN: Arrowood and Van Dyke Denni, McCarney and Barol~ None Motion failed to carry. Mr. Robert Light, President of Emblem Homes, Inc., then addressed the Councd] asking for their recommendation for improvement on the proposed drainage plans. No recommendations were made and no action was taken. ZONE CHANGE Z-13 - LARWIN [ND: The application for amendment to the Zoning Ordinance to rezone proper!.y on the southeast corner of Bloomfield and Bail from an M-1 District to a C-2 District as requested by Larwin Fund, 8670 Wilshire Blvd., Beverly Hi]is, to be known as Zone Change Z-I3 was presented. After discussion, it was moved by ~ouncilman McCarney, seconded by Councilman Denni, and unanimously carried, that application for Zone Change Z-13 be tabled until enough houses are built jn that area to warrant the proposed shopping center. The feElowing roll call vote was taken: A YEj: 5 COUNCILMEN: NOhS: O COUNCILMEN: ~BSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baro!di None None ZONE CHANGE Z-14 - LARWIN FUND: The application for amendment to the Zoning Ordinance to rezone property on the northwest corner of Walker and Cerritos from an A-2 Zone to a C-2 Zone as reOuested by Larwin Fund, 8670 Wilshire Blvd., beverly Hil~s, to be known as Zone Change Z-14 was presented. After dlscuss]on, ~t wa~ moved by Councilman McCarney, seconded by Councilman Denni, that amendment to the Zoning Ordinance known as Zone Change Z-J4 be granted and d]r,~ct the City Attorney to prepare an Ordinance in the case of Zone Change Z-14. The following roll call vote was taken: AYES: 2 COUNCILMEN: NOES: 5 COUNCILMEN: ABSENT: O COUNCILMEN: Denni, McCarney Arrowood, Van Dyke and Haroldi None Motion failed to carry. It was then moved by Councilman Arrowood, seconded by Councilman Van Dyke and carried, this Zone Change be granted as a Use Variance subject to the usual conditions of public improvements and street right-of-way dedications and meet all requirements of the new Zoning Ordinance for C-2 Zone. The following roll call vote was taken: AYEB: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Van Dyke and Baro],dl Denni and McCarney None April 17, 1961 39 ZONE CHANGE Z-15 - LARWIN FUND: The application for amendment to the 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, Calif. to be known as Zone Change Z-15 was presented. After d~scussion, it was moved by Councilman McCarney, seconded by Councilman Van Dyke, and unanimously carried, thl s application for Zone Change be tubled. The following roll call vote was taken: AYES: 5 COUNCILMF3q: NOF~: 0 COUNCILM~: ABS~INT: O COUNCILM~]q: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None ZONE CHANGE Z-16 - LARWIN MJND: The application for amendment to the Zoning Ordinance to rezone property on the southeast corner of Moody and Bail from an A-2 Zone to a C-2 Zone as requested by the Larwin Fund, 8670 Wilshire Blvd., Beverly }{~]ls, to be known as Zone Change Z-16 was presented. After discussion, it was moved by Councilman Denni, seconded by Councilman McCarney, to approve Zone Change Z-16 and direct the City Attorney to prepare an Ordinance in the case of Zone Change Z-J6. The following roll call vote was taken: AYES: 2 COI/NCILMEN: NOES: 3 COUNCII~IY: ABSENT: O COUNCILM~IN: Denni, McCarney Arrowood, Van Dyke and Baroldi None Motion failed to carry. It was then moved by Councilman Arrowood, seconded by Councilman Van Dyke and carried, that Zone Change Z-16 be granted as a Use Variance, subject to the usual conditions of public improvements and street right- of-way dedications. The following roll call vote was taken: AYES: 3 COUNCILM~: NOES: 2 COUNCILMEn: ABS~iNT: O COUNCILMEN: Afrowood, Van Dyke and Baroldi Denni, McCarney None ZONE CHANGE Z-17 - LARWIN P~ND: The application for amendment to the Zoning Ordinance to rezone p~operty on the northwest corner of Moody and Cerritos from an M-1 District to a C-2 Zone as requested by Larwin Fund, 8670 Wilehire Blvd., ~everIy Hills, to be known as Zone Change Z-17 was presented. After discussion, it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, that Zone Change Z-17 be tabled. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILM~: ABSENT: O COUNCILMEN: Afrowood, Denni, McCarney, Van I~ke and Baroldi None None RESOLUTION RE: CLAIMS AND DEMANDS NOS. 3392 THRU 3410 (PAYROLL): It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 165 A RESOLUTION OF THE CITY COUNCII, OF THE CITY OF CYPRF.5S ALLOWING CERTAIN CLAIMS AND D~ANDS NOS. 5592 THRU 3410 It was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried, that Resolution No. 165 be adopted by the following roll call vote: AYES: 5 COUNCILM~: NOES: 0 COUNCILM~]q: ABS~IT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Barold~ None None April 17, 1961 RESOLUTION RE: CLAIMS AND DEMANDS NOS. 3411 THRU ~428-PAYROLL: It was unanimously agreed the following resolution be read by title on]y: RESOLUTION NO. 166 A tiESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 3411 THRU 3428. It was moved by Counci]man Van Dyke, seconded by Councilman Afrowood, and unanimously carried, that Resolution No. 166 be adopted by the follow- ins roll call vote: AYES: 5 COUNCILMP~: NOL]S: 0 COUNCII.M~4: ABSENT: 0 COI/NCILM~: NES~LUT!ON RE: Afrowood, Denni, McCarney, Van Dyke and Barold~ None None CLAIMS AND DEMANDS NOS. 5429 THRU 5496: It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. ]67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS A]WD DFMANDS NOS. 3429 THRU 5496. it was moved by Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, that Resolution No. 167 be adopted by the follow- ~ng roll ca]il vote: AYES: 5 COUNCILMF~: NOES: O COUNCILMEN: ABSENT: O COUNCILMF/q: Afrowood, Denni, McCarney, Van Dyke, Baroldi None None R!iLCORD MAP AND STREET NAMES FOR TRACT NO. 4112 (STANDARD DEVELOPMENT CORFt): The Hecord Map with street names for Tract No. 4112 (Standard Develop- ment Corporatdon) located east of Denni and south of Carbon Creek Channel was presented. After discussion, it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, that Record Map for Tract No. 4112 be continued until copies of the Record Map have been furnished to the members of the City Councd], and School District Office for their comment on school sites located within the Tract. The following roll csll vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None APPI, ICATION FOR NEW ON-SALE BEER LICENSE AS REQUESTED BY JOH~ H. SPECHA: A copy of an application to the Alcoholic Beverage Control Board for a new on-sale beer license as requested by John H. $pecha to be located at 5731 Ijncoln Ave., Cypress, was presented. After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Denni, that the City enter protest to the granting of the License as existing building ~s not suitable for occupancy and use as beer tavern, and offer the Council Chambers to the A. B. C. Board for a hearing room. The following roll call vote waz taken: AYES: D COUNCIl,MEN: NOES: 0 COUNCILMhN: ABSENT: 0 COUNCILMEN: Afrowood, Denn~, McCarney, Van Dyke, Barold] None None ORDINANCE RE: AM~lqDMENT TO BUILDING CODE IN REGARD TO FENCES: It was unanimously agreed the proposed Ordinance in regard to fences be read in full, title as follows: April 17, 196] ORDINANCE NO. 93 AN ORDINANCE OE THE CITY OF CYPRESS AMKNDING ORDINANCE NO. 25, THE BUILDING CODE OF THE CITY OF CYPRESS PERTAINING TO FlaNGES. It was moved by Councilman Van Dyke, seconded by Councilman Afrowood, and unanimously carried, Ordinance No. 93 be adopted by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABS~INT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMAN: Arrowood, Denni, McCarney, Van Dyke None None Baroldi i~ESCLUTION RE: WEED ABATemENT: It was unanimously agreed the followfinS Resolution be read by title only: RESOLUTION NO. 168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE CYPRESS DECLARING THAT WEEDS GROWING Ut~N AND IN P~ONT OF, AND RUBBISH, REFUSE AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THE~EOF. It was moved by Councilman Afrowood, seconded by Councilman Van Dyke and unanimously carried, that Resolution No. 168 be adopted by the follow- ins called vote: AYES: 5 COUNCII,M~Iq: NOES: O COUNCILMEN: ABSENT: O COI~CILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None ORDINANCE RE: FALSE ALARMS: It was unanimously agreed this Ordinance be read in full, the title as follows: ORDINANCE NO. 94 AN ORDINANCE OF THE CITY OF CYPRF~S PROHIBITING FALSE ALARMS It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that Ordinance No. 94 pass its second reading and be adopted by the following roll call vote: AYES: 5 COUNCIl.MEN: NOES: O COUNCILMEN: ABSP~T: O COUNCILMEN: Arrowood, Oenni, McCarney, Van Dyke, Barold~ None None ORAL COMMUNICATION: Mr. Schubin addressed the City Council and asked that local citizens be notified when a vacancy occurred in the City and be given an opportunity to apply for employment with the City. The City Manager reported that in the past he had announced that citizens wishing employment with the City should come :~n and file their application and when employment is available they would be given consideration. It was unanimously agreed that vacancies arising in the City employ should be announced in the local paper or a notrice placed on the bulletin board outside the City Hall. April 17, 1961 COMMUNICATION FROM ORANGE COUNTY FAIR ASSOCIATION RE: ADVERTISEMENT IN PROGRAM: The C~ty Manager presented a written communication from the Orange County F~q~r' Association regarding an advertisement in the 196] Orange County Fair program. It was unanimously agreed that the City would not participate ~n the adv~rtislng program this year. ~DUOUP~MMENT: The;re being no further business to come before the Council, it was moved by Councilman Afrowood, seconded by Councilman Van Dyke and unani- mously carried, that this meeting adjourn at ]0:30 P. M. THOMAS BAROLDI , MAYOR H~ED D. HARBER, CITY CLERK April 27, 1961