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Minutes 62-04-16MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD April 16, 1962 The City Council of the City of Cypress met in regular session on April 16, 1962 at 7:30 P. M-, in the Council Chambers of the City Mall, 9739 South Walker Street, Cypress, California, Mayor Baroldi presiding. AME~: Arrowood, Denni, McCarney, Van Dyke and Baroldi None Also present were: City Manager/City Engineer, John M. Toups, City Attorney, Sheldon Ross, and City Clerk, Ferne S- Phillips. MINUTES: It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, the Minutes of March 19, 1962 be approved as mailed. It was moved by Councilman McCarney, seconded by Councilman Arrowood, and unanimously carried, the Minutes of March 29, 1962 be approved as mailed. ORAL CONMUNICATIONS: Mr. Otto Buslet, lOOll St. Elizabeth Circle, Cypress addressed the Council concerning fly abatement program within the City. Mr. John Kennedy, St. Vincent Circle, Cypress addressed the Council concerning the Fly Abatement Ordinance. Mayor Baroldi advised both the City had adopted a Fly Ordinance and the County Health Department were authorized to enforce this Ordinance. Mrs. William Shubin, 4615 Orange Avenue, Cypress addressed the Council concerning trash being deposited along City Streets. Mr. Chris Gaspar, 9262 Walker Street, Cypress addressed the Council concerning dedication for street improvements prior to obtaining a building permit for improvement to his property. OPENING OF BIDS FOR FRANCHISE: The Mayor announced this was the time and place for the opening of sealed bids for the franchise and asked if anyone in the audience wished to present a bid at this time. The City Clerk reported there had been only one bid received up to this time, from the Southern California Edison Company dated April 4, 1962. The City Attorney then opened the Bid, verified its correcthess and stated there was a certified check enclosed in the amount of Two Hundred Dolla~s ($200.00). It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, to award the Bid for Sale of Franchise to the Scuthern CaliFornia Edison Company. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke ~,nd unaD~mously carried, the following Ordinance be read by title only: April 16, 1962 ORDINANCE NO. ORDINANCE GRANTING TO SOUTt{ERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE, FOR A PERIOD OF FIFTY (50) YEARS, TO CONSTRUCT, LAY, OPERATE, MAINTAIN, USE RENEW, REPAIR, REPLACE, MOVE, CHANGE THE SIZE AND NU~R OF, AND REMOVE OR ABANDON IN PLACE A SYSTEM OF PIPELINES AND APPURTENANCES, FOR TtIE PURPOSE OF CONDUCTING, TRANSPORTING, CONVEYING AND CARRYING t~S, OIL, PETROLEUM, WATER AND OTHER SUBSTANCES, ON, ALONG, IN, UNDER AND ACROSS THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES WITHIN TI~ CITY OF CYPRESS, TOGETHER WITH THE RIGHT TO CONSTRUCT, OPERATE, MAINTAIN AND USE A PRIVATE COP~JNICATION SYSTEM TO t~E USED IN CONNECTION WITH THE OPEPATION AND MAINTEMANCE OF SAID SYSTEM OF PIPELINES AND APPURTENANCES AS AFORESAID. It was moved by Councilman ArrowGod, seconded by Councilman Van Dyke and umlnimously carried, this Ordinance granting the Franchise to Southern California Edison Company pass its first reading by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCII~[EN: ABSENT: 0 COUNCILMEN: ArrowGod, Denni, McCarney, Van Dyke and Baroldi None None PUBLIC HEARING RE: "CRESCENT ANNEXATION": The Mayor announced this was the time and place for the hearing of orotests on the proposed "Crescent Annexation" located north of Lincoln and west of Forest ~wn property to be placed in a CEM (Cemetery) Zone. There being no written communications received and no oral protests filed, the Mayor declared. the public hearing closed. The City Clerk reported the owner's of the proposed annexation are the sole owners of the p~operty within the annexation and kave been certified as to correctness in records of Orange County. It was moved by Councilman Van Dyke, seconded by Councilman ArrowGod, and unanimously carried, that no formal protests have been made by the owners of one-half of the value of the territory proposed to be annexed as shown by the last assessment roll, nor by public and private owners of one-half of the value of the territory proposed to be annexed. M~r. Ugene Blalock, representing Forest Lawn Company addressed the Council stating they would dedicate 25' along Crescent Avenue for future street improvement. It was moved by Councilman ArrowGod, seconded by Councilman McCarney and umin[mously carried, the following Ordinance be read by title only: ORDINANCE NO. ~\N ORDINANCE OF THE CITY OF CYPRESS APPROVING THE ANNEXATION ~i,I CERTAIN UNINHABITED TERRITORY, DESIGNATED "CRESCENT ANNEXATION" TO THE CITY OF CYPRESS AND PD~CING SAID TERRITORY IN A CEM ZONE. it was moved by Councilman ArrowGod, seconded by Councilman McCarney ~nd urianimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILFEE: ArrowGod, ~roldi NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Denni, McCarney, V'n Dyke and April 16, 1962 PUBLIC HFJLRING RE:: ADOPTION OF BUILDING COE~E 1~61 EDITION AND AMENEMENTS THERETO:' The Mayor announced this was the time and place for the public hearing regarding the adoption of the 1961 Edition of the Building Code and amendments thereto and asked if anyone in the audience wished to speak for or against this matter. There being no written communications received and no oral protests filed, the Mayor declared the public hearing closed. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. 126 AN ORDINANCE OF 'lliE CITY CF CYPRESS ADOPTING BY EEFERENCE ORANGE COUNTY ORDINANCE NO. 1435, ENTITLED "AN ORDINANCE ADOPTING THE UNIFORM BUILDING COKE, 1961 EDITION, IN PART, AND AMENDING SAME", AND REPEALING ORDINANCE NO. 121. It was moved by Councilman Arrowood, seconded by Counci!m-n McCarney, and unanimously carried, that Ordinance No. 126 be adopted by the following roll call vote: AYES: 5 COUNC II/~EN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None WR£TA'EN C0~CATION FROM ORANGE CO~ ~JLTIPL~E SCLEROSIS SOCIETY RE: FUND D~l~: The City Clerk presented a written communication from the Orange County Multiple Sclerosis Society, P. O. Box 882, Santa Am, California dated March 16, 1962 requesting permission to conduct fund drive from May 1B, through June 17, 1962. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, that permission be granted as requested. WR1TA'~N C0~ICATION FROM FEATHER RIVER ASSOCIATIOM RE: ME~RSHIP: The City Clerk presented a written c~m,,~nication from Feather River Project Association, 210 W. 7th Street, Los Angeles, California dated March 22, 1962 requesting participation for 1962 membership in the Association. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried, that the City of Cypress renew the membership in the Feather River Project Association and contribute the sum of $35-00 fees. WRI~fEN CO}a4UNICATION FROM ORANGE COUNTY FIREMAN'S ASSOCIATION RE: eALIFOBNIAFIRE SHOW INVITATIC~: The. City Clerk presented a written com~A~nication from the Orange County Fireman's Association, P. O. Box 752, S~nta An~, California, dated March 23, 1962, extending invitation to attend the California Fire Show to be held on June 2, 1962 at the Orange County Fair Grounds. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried, this communication be received and filed. April 16, 1962 WRI'A'I'.:N C0MICATION FROM CON-TECH BUILDING COMPANYt EE:- CHAIN LINK FENCE ON TRACT 4102: The City Clerk presented a written communication frc~ Mr. Theodore C. Bentley, President of Con Tech Building Company, 1214 South Rrookhurst, Anaheim, California dated March 23, 1962 requesting waiver of the subdivision requirement for a six foot Chain link fence along the west boundaries of Lots 99, 98 and 97 and the east boundary of Lot 8. After considerable discussion, it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, to continue this request until the next regular meeting of the Council. WRI'ATSN CO~ICATION FROM CON-TECH BUILDING COMPANY, RE: IMPROVE~NT BONDS ON TRACT 4102: The City Clerk presented a written communication from Mr. Theodore C. Bentley, President of Con Tech Building Company, requesting the release of Street Sewer, Water and recompaction of Lots 10 through 71 Bonds on Tract ~102. It was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried, that Street, Sewer, and Water Bonds and Recompaction Bond on Lots lO through 71, be released, subject to the filing of a $1,000.00 Surety Bond to guarantee the completion of the fence requirements on Tract 4102. ~ WRItI~A'EN COMtICATIONFROMCONTINENTALNATIONAL GROUP INSURANCE COeANY~ ~E: WORLEY [SELOCATION BOND: The City Clerk presented a written co~anunication from the Continental National Group, 2975 Wilshire Boulevard, Los Angeles, California!dated April ll, 1962 requesting release of Building Relocation Bond No. 15-27912 in the amount of $1,000.00 as submitted by Wayne Worley, Orange Avenue, Cypress, California. It was moved by Councilman Arrowood, seconded by Councilman Denni, and unanimously carried, this Bond be released. ..SECOND EEADING ORDINANCE BE: ZONE CHANGE Z-36~ WILLIAMAS: The City Clerk presented Ordinance for second reading for Zone Change from A-2 (Heavy Agriculture) to C-2 (General Commercial) for ~hat property located on the corner of Lincoln and Bloomfield, and further stated the Bonds for public improvements had been submitted, and the Deed was forthcoming. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, this matter be continued until the meeting of April 17, 1962 and notify the Developer to file the necessary Deed in the office of the City Clerk prior to the meeting. C(MNSATION FOR POSITION ~F CITY CLERK: The City Manager presented a recomendation that the position of City Clerk be placed in Schedule 17, Step B, in the amount of $734.00 per month. It was moved by Councilman Denni, seconded by Councilman Arrowood and unanimously carried, that compensation for the position of City Clerk be established as Schedule 17, Step B, in the amount of $734.00 per month, effective immediately. The following roll call vote was taken: AYES: 5 COD'NCIIE: NOES: 0 COUNCILMEN: ABSENT: O C0~'NCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None April 16, 1962 FIRST READING ORDINANCE BE: .A~.N]i~ENT TO ORDINANCE NO. 7~; CITY MANAGER K~3TIES: The City Clerk presented an Ordinance amending Ordinance No. 75 and deleting the title of City Clerk from the duties of the City Manager. I~ was moved by Councilman Van Dyke, seconded by Councilman Arrowood, and unanimously carried, the following Ordinance be read by title only: ORDINANCE NO. AN ORDINANCE (F THE CITY (F CYPEESS A~NDING ORDINANCE N0. 75, ELATING TO THE ~jTINS CF THE CITY MANAGER. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, this Ordinance pass its first reading b~ the following roll call vote: ~ AYES: 5 COUNCILMN: NOES: 0 C0~NCIL~N: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None MINUTE ACTION AD~At~ORIZING T~ MAYOR AND CITY CLE~ TO SIGN ESCROW INSTRUCTIONS FOR PURC}tASE C~ EA~24ENT ON V,~T.T.T~' VIEW: The City Clerk presented a request for the authorization of the Mayor and City Clerk to sign Escrow Instructions for the purchase of property from the Harvey C~.~any, for an Easement on Valley View. It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, the Mayor and City Clerk be authorized to sign the Escrow Instructions, as requested. RESOL~TION ALLOWING CLAIM AND E~NAND NO. ~160; EASE~NT ON V~LTEy VIEW: The following Resolution was read by title only: RESOLb'~ION N0. 248 A RESOLUTION OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIM AND E~2~AND NO. 5160. It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, this Resolution be adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~N: ABSEET: 0 COUNCIIMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None RESOLUTION ALLOWING CLAM AND EgMANDS NOS. ~p98 TERU 5026: The following Resolution was read by title only: EESOLUTION NO. 249 A EESOIJJTION OF THE CITY OF CYPRESS, ALLOWING CERTAIN CLAIMS AND mm~WDS NOS. ~998 ~m~U 5026. It was moved by Councilman Van Dyke, seconded by Councilman McCarney and unanimously carried, this Resolution be adopted by the following roll call vote: April 16, 1962 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIL~N: Arrowood, Denni, McCarney, Van Dyke and Baroldi : None None MINUTE ACTION APPROPRIATING FUNDS FROM UNAPPROPRIATED ~JRPLUS FOR THE PAY~ ~ 0VER-TIMEACCETED FOR Ci~EMPLOYEES FOR yEAR (~ 1962: It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, that funds be appropriated from unappropriated surplus for the payment of accumulated over-time for City employees in the amount of $66B.17. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCII/4EN: ABSENT: 0 COUNCIL~N: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None ESOL~r~O~ ALLOWING CLALvAS A~O nm~A~Ds Nos. ,~o~7 THRU ~066: The following Resolution was read by title only: RESOLUTION NO. 252 A RESOLUTION OF T~ CITY OF CYPRESS, ALLOWING CERTAIN CLAM AND DEMANDS NOS. 5057 TE 5066. It was moved by Councilman Arrowood, seconded by Councilman McCarney and unanimously carried, this Resolution be adopted by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Arrowood, Denni, McCarney, Van Dyke and Baroldi None None CONSIDERATION OF REVISED TENTATIVE TRACT NO. 46~0~ JOHNNY JOHNSON: RE ALMEIDA: The City Clerk presented Revised Tentative Tract No. 4650 in accordslnce with reco~en~tion of the Planning Commission, located on the northeast corner of Orange and Grindlay for R-I (Residential One-Family) development as requested by Johnny Johnson and Manuel de Almeida 9~95 Knott Avenue, Anaheim, California. After considerable discussion, it was moved by Councilm~n Denni, seconded by Councilman McCarney and carried, that Tentative Tract No. 4650 be approved subject to the following conditions: ]. Lot "A" be dedicated by 2. Temporary and permanent Plan of Drainage and to Grant Deed to the City of Cypress. drainage in accordance with the Master the satisfaction of the City Engineer. 3. A 6' standard block wall to be constructed on all lots abutting Orange Avenue. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMAN: Arrowood, Denni, McCarney and Van Dyke None None Baroldi PLANS ;uND SPECIFICATIONS FOR IMPROVEMENT OF BALL ROAD BETWEENWAIJKER AND MOODY: April 16, 1962 The City Manager/City Engineer presented the plans and specifications for the improvement of Ball Road between Walker and Moody and requested authorization to advertise for bids for the construction of improvement. It was moved by Councilman McCarney, seconded by Councilman Arrowood, and unanimously carried, that authorization be given to advertise for bids for the construction of improvement of Ball Road, between Walker and Moody and the plans and specifications be approved as submitted by the CLty Engineer. RESIGNATION OF W0~EN'S CO-0RDINATOR OF CIVIL D~'ENS~E: The City Clerk presented a written communication from Mrs. Patricia Coode, stating that it was necessary for her to resign as Women's Co-ordinator of Civil Defense. It was moved by Councilman Arrowood, seconded by Councilman McCarney, and unanimously carried, that this resignation be accepted with regrets and a letter of appreciation be sent to Mrs. Patricia Goods for her services. ORAL CO~JNICATIONS: Mr. Frank Tierney, 700 South Brookhurst, Annhelm addressed the Council concerning a requirement of the Spehar Development Variance No. 161 for a $5,OOO.00 Surety Bond guaranteeing the construction of a bridge across the Flood Control Channel. It was unanimously agreed this matter be referred to the City Manager/ City Engineer, John M. Toups. Mr. Chris Gaspar, Cypress addressed the Council requesting information concerning dedication for street improvements prior to obtaining a building permit. It was unanimously agreed this matter be referred to the City Attorney for further study. Mr. Howard Tatro, Newman Street, Cypress, addressed the Council concerning the north wall between Walker and Valley View of the Emblem Homes Subdivision stating it was constructed with four inch blocks and it was his understanding this was supposed to be constructed with six or eight inch blocks. It was unanimously agreed this matter be referred to the City Manager for a report back to the Council at their next meeting. Mr. William Shubin, 4615 Orange Avenue, Cypress addressed the Council commending Councilman McCarney, Councilman Arrowood and ~ayor Baroldi for their past contribution to the community and recommending that formal action be taken on this matter. WR1Ti'EN CO~R~NICATION RE: POLICE DEPARTS: Mayor Baroldi read in full a letter from the Adult Parole Division, Long Beach, California co~ending Officer Coats of the Cypress Police Department for his outstanding performance of duty on a recent robbery. Mayor Baroldi then read a letter from Chief O. C. Foster also commending Officer E. E. Coats and Mr. Mike Hernandez of 9680 Valley View, Cypress for their performance of duty during the recent robbery in Cypress. It was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, that Mr. Mike Hernandez 9680 Valley View, Cypress be commended for his contribution as a citizen to the apprehension of the robbery suspects, and also to Officer E. E. Coats for his outstanding performance of duty in connection with this case. April 16, 1962 ARI~NT: There being no ~urther business to come before the Council, it was moved by Councilman Arrowood, seconded by Councilman Van Dyke and unanimously carried, the Council adjourn at 9:45 P. M., until Tuesday, April 17, 1962 at 7:30 P. M. in the Council Chambers, 9739 South Walker Street, Cypress, California. MAYOR ATfEST: / April 16, 1962