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Minutes 61-05-15MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD MAY 1~, 196~ The City Council of the City of Cypress met in regular session on May 15, ]961 at 7:30 P.M., Mayor Baroldi presiding. PRES~1NT: Arrowood, Denni, McCarney and Baroldi ABSENT: Van Dyke Also present were: City Manager Robert K. Rogers, City Attorney, Sheldon Ross and City Engineer John Toups. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Afrowood, and unanimously carried, the Minutes of April 17, 1961 be approved as mailed. It was moved by Councilman McCarney seconded by Councilman Afrowood, and unanimously carried, the Minutes of May 3, 1961 be approved as mailed. COUNCILMAN VAN DYKE ARRIVED AT 7:35 P. M., AND TOOK HIS CHAIR ON THE PODIUM. RESIGNATION OF CITY MANAGER AND CITY CLERK: It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that Mr. Fred D. Harber's resignation as City Manager and City Clerk be accepted as of this date. OATH OF OFFICE TO CITY MANAGER-CITY CLERK: The Mayor administered the oath of office to Mr. Robert K. Rogers, City Manager-City Clerk of the City of Cypress. ORAL COMMUNICATIONS: Mr. Roger K. Van Atta, 5592 Myra, Cypress addressed the Council with regard to proposed plans for a leash law in the new residential areas. It was unanimously agreed, the City Manager would make a study of the area and report back to the next regular Council meeting his recommendations in regard to leash law. PUBLIC HEARING RE: WEED ABAT~T: The Mayor announced this was the time and place for a public hearing for the purpose of hearing protests to the removal of weeds, rubbish, refuse and dirt upon private property in the City of Cypress. There were no written or oral protests filed and the Mayor declared the public hearing closed. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimousl~ carried, the City of Cypress proceed with the weed abatement program. WRITTEN COMMUNICATION FROM WESTERN MISSIONARY ARMY, INC.~ RE: FUND DRIVE: The City Clerk presented a written communication from Western Missionary Army, Inc., of Los Angeles, Calif. requesting permission to conduct a fund drive campaign within the City of Cypress. It was moved by Councilman Denni, seconded by Councilman Van Dyke and unanimously carried, this request be denied. NOTICE TO HOME-OWNERS: The City Manager read a proposed notice to all home-owners in the City of Cypress with regard to solicitors selling door to door. It was moved by Councilman Arrowood, seconded by Councilman Denni, and unanimously carried, that a copy of this notice be mailed to every house in the City of Cypress. May 15, 1961 WRITTEN COMMUNICATION FROM JOHN H. SPECHA RE: ON SALE BEER LICENSE: A written communication was presented from John H. Specha regarding his application for a new on-sale beer license to be located at 5731 Lincoln Ave., Cypress. Discussion followed in regard to the proposed new building to be constructed for this business. It was moved by Councilman Afrowood, seconded by Councilman McCarney and carried, this communication be received and flied, by the following roll call vote: AYE: 4 COUNCILMEN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney and Baroldi Van Dyke None WRITT~ COMMUNICATION FROM HENRIETTA M. HUGHES RE: USE VARIANCE NO. 137: The City Clerk presented written communication from Henrietta M. Hughes requesting a reconsideration of Use Variance No. UV-157 to relocate a single family dwelling on a 36,0OO square foot lot and reduce the side yard from 20' to 15' at 4901 Orange Ave., Cypress. Mr. Stanley Schearer, 3630 Westminster, Santa Ana, representing the applicant addressed the Council, recuesting the waiver of the condition to apply for a lot split on this property. Considerable discussion was held, and it was moved by Councilman Afrowood, seconded by Councilman Denni, and unanimously carried, that Use Variance No. 157 be referred back to the Planning Commission, with in- structions for applicant to apply for a lot split and the usual fees be waived. The following roll call vote was taken: AYES: 5 COLrNCILMEN: NOES: 0 COUNCILM~Xq: ABSENT: O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke, Baroldi None None WRITTEN COMMUNICATION FROM M. AND ALICE MORITA RE: ZONE CHANGE NO. Z-18: The City Clerk presented a written communication from Willard Pool, representing M. and Alice Morita requesting a reconsideration of their application for Zone Change to change the zone from A-2 to R-l, 6,O00 square foot lots and tentative tract Map No. 4137. Considerable discussion followed and ~t was moved by Councilman Denni, seconded by Councilman McCarney and carried, this application for Zone Change Z-18 be continued for 120 days or until the regular meeting of the City Council to be held in the month of September, 1961; due to the school situation in this proposed subdivision area. The following roll call vote was taken: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Denni, McCarney and Baroldi Arrowood and Van Dyke None RECORD MAP AND STREET NAMES FOR TRACT NO. 4112 (SEAGATE INVESTMENT CORP.) The City Clerk presented the Record Map with street names for Tract No. 4112 (Seagate Investment Corporation). Elizabeth Dickerson, Superintendent of the Cypress School District addressed the Council stating she was not speaking for the Board of Trustees inasmuch as they had not had a Board meeting with discussion of proposed Tract No. 4112, since receipt of the Record Map in her office, but requested information concerning the school site located within the Tract and inquired about the bridge across the flood control channel. After considerable discussion, it was moved by Councl]man Arrowood, seconded by Councilman McCarney and carried, to continue th~s matter until the next regular meeting to give ample time for the sub- divider and school district office to discuss matters pertaining to this proposed Tract. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, McCarney, Van Dyke and Baroldi Denni None May 15, 1961 PETITION RE: FENCE REGULATIONS IN BRENTWOOD GARDENS TRACT: The C~ty Clerk presented a petition from residents in the Brentwood Gardens Tract concerning regulations on fences extending to the property line. Several residents of the Tract addressed the Council on their indivi- dual fence requirements and after considerable discussion, it was moved by Councilman Denni, seconded by Councilman McCarney and unanimously carried, that all property owners with fence problems present them to the Planning Commission on an individual basis and request a Use Variance, the usual fees to be waived on these particular applications. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None It was then moved by Councilmn Afrowood, seconded by Councilman McCarney and unanimously carried, the petition regarding fence regulations be received and file~. AUDITOR'S REPORT: It was moved by Councilman Arrowood, seconded by Councdlman McCarney and unanimously carried, the Auditor's report dated March 21, 1961 be received and f~led. RELEASE OF BOND FOR WAYNE WORLE~: Upon recommendation of the Building Department that all conditions of the relocation permit have been completed satisfactorily, it was moved by Councilman Arrowood, seconded by Councilman Denni, and unanimously carried, that Relocat~on Bond No. 152751~ in the amount of $1,OOO.00 as submitted by Wayne Worley 6412 Orange Ave., Anahei~, be released. RESOLUTION ALLOWING CLAIMS AND D~ANDS NOS. 3497 THRU ~16: (Pa~roll): It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DF~ANDS NOS. 5497 THRUm516 It wa~ moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Afrowood, Denni, McCarney, Van Dyke, Baroldi None None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. ~17 THRU 3~36: (Pa~roll): It was unanimously agreed the follewing Resolution be read by title only: RESOLUTION NO. 170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 3517 THRU 3536- It was moved by Councilman McCarney, seconded by Councilman Arrowood, and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi NOES: O COUNCILMEN: None ABSENT: 0 COUNCILM~: None May 15, 1961 RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. ~537 THRU 3~97: (Other): It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 171 A RESOLUTION OFTHE CITY COUNCIL OFT HE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 3537 TBRU 3597. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None RESOLUTION APPOINTING ROBERT K. ROGERS TO OFFICES: It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPOINTMENTS TO CERTAIN CITY OFFICES It was moved by Councilman Van Dyke, seconded by Councilman Afrowood, and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None RESOLUTION AUTHORIZING ROBERT K. ROGERS TO SIGN FOR AND ACCEPT SURPLUS PROPERTY: It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY MANAGER OF SAID CITY TO SIGN FOR AND ACCEPT SURPLUS FEDERAL PROPERTY FOR CIVIL DEFR~SE PURPOSES. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried; this Resolution be passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None RESOLUTION RE: SIGNATURES FOR BANK OF AMERICA: It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY TREASURER AND THE DIRECTOR OF FINANCE TO INVEST FUNDS OF THE CITY OF CYPRESS. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None May 15, 1961 RESOLUTION APPOINTING SUPERINT~lqDENT OF STREETS: It was unanimously agreed the following Resolution be read by title only: RESOLUTION NO. 175 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING A STREET SUPERINT~IqD~INT It was moved by Councilman Afrowood, seconded by Councilman McCarney and unanimously carried; this Resolution being passed and adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOFS: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldl None None AGREEMENT WITH GEORGE BRIGGEMAN RE: TRASH DISPOSAL: The City Clerk presented a written communication from Harry Blackburn dba Cypress Disposal Co., requesting consideration of dividing the City into two sections and granting a separate franchise for each section to be served by his company and the Los Alamitos and Cypress Disposal Co. Mr. Blackburn presented petitions from residents in the residential areas recommending the Cypress Disposal Co. service. After discussion, it was moved by Councilman Afrowood, seconded by Councilman McCarney and unanimously carried, the City enter into a contract with George Briggeman, dba Los Alamitos and Cypress Disposal Co. and authorizing the Mayor and City Clerk to sign said Agreement. AUTHORIZATION FOR PURCHASE OF NEW POLICE CAR: The City Manager presented request for authorization to purchase a new police car to replace the unit being issued to the City of Dairyland as of July ], 1961. It was moved by Councilman Afrowood, seconded by Councilman Van Dyke and unanimously carried, the City Manager be authorized to enter into in- formal bids for the purchase of a vehicle to be used for police patrol. The following roll call vote was taken: AYES: 5 COUNCILMt~: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None AGREE~.ENT WITH COUNTY OF ORANGE RE: FIRE PROTECTION SERMICES: The City Clerk presented an Agreement with County of Orange regarding the ccntinuation of Fire Protection Services for the City of Cypress. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, the City enter into an Agreement with the County of Orange for fire protection service and authorizing the Mayor and City Clerk to sign Agreement. RESIGNATION OF HUBERT SLEGERS AS PLANNING COMMISSIONER: The City Clerk presented the written resignation of Hubert J. Slegers from the Planning Commission. It was moved by Councilman Van Dyke, seconded by Councilman Afrowood, and unanimously carried, this resignation be accepted with regrets and a letter of appreciation be sent to Mr. Slegers for his service to the community. REPORT ON PLANNING COMMISSIONERS TERMS: The City Clerk gave each member of the Council a written report on the expiration of each Commissioner now serving to be as follows: Bordner 8-27-64 Wicker 8-5-62 Baroldi 8-27-64 Wright 8-5-61 Farfairs 8-27-63 Vacancy 1-12-63 Garcia 9-12-64 May 15, 1961 APPOINTMENT OF PLANNING COMMISSIONER: The Mayor announced the appointment of the Planning Commissioner to fill the existing vacancy, would be on the next meeting of the Council, and asked that each Councilman furnish him with at least one name of a person they would recommend appointed to the Commission. This information to be in the hands of the Mayor not later than Friday, May 19th, 1961. ADJOURNMENT TO PERSONNEL SESSION: It was unanimously agreed the Council adjourn to a ten minute recess for the purpose of an executive personnel session, at 9:30 P. M. CALL TO ORDER: All members of the City Council returned to their seats on the podium at 9:40 P. M., Mayor Baroldi presiding. ANNOUNCEMENT OF POLICE CHIEF APPOINTM~qT: The City Manager announced that Lt. O. C. Foster of Downey, California had been appointed as the Chief of Police of the City of Cypress to be effective and to assume duties as of June 1, 1961. It was unanimously agreed that Acting Chief Ralph Wallmark be commended for his services to the City during the recent months in the absence of a Chief of Police. DISCUSSION OF FENCE FOR PROPOSED DRIVE-IN THEATRE ON CERRITOS AVE.: The City Manager introduced the discussion of the type and height of fence to be required of the Drive-In Theatre on Cerritos Ave., on the north side of the property adjacent to the residential area. After discussion, it was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that an 8' block wall fence be constructed abutting the R-] property the top 2' being Vista block. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke, Baroldi None None SPECIAL AUDIT: It was unanimously agreed the City Manager be authorized to request a special audit of the City financial records as of May 4, 1961. AGENDA FILING TIME: It was unanimously agreed that Wednesday noon before the Council meeting on Monday be established as the closing time for agenda items. ORAL COMMUNICATIONS: Mr. Robert LiSht, representing Emblem Homes, 8906 W. Olympic Blvd., Beverly Hills, Calif. addressed the City Council in regard to the proposed development and Tentative tract No. 3966. The City Manager outlined briefly the preceding developments on this matter and it was unanimously agreed that it would be placed on the Council agenda after acceptance of the Master Plan of Drainage 2-A. Mr. William Asawa, addressed the Council with regard to the Motira property and proposed development. No action was taken. ADJOURNMENT: There being no further business to come before the Council, it was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the City Council adjourn at 10:10 P.M., until ?:30 P.M., on May 29, 1961. THOMAS BAROLDI, MAYOR ATTEST: / ~ L ] May 15, 1961