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Minutes 67-05-18MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADJOURNED REGULAR MEETING HELD May 18, 1967 An adjourned regular meeting of the Cypress City Council was called to order at 7:30 p.m. on May, 18, 196'7, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, and Public Works Director Arthur Schatzeder. RECESS: This also being the time and place for the regular meeting of the Cypress Planning Commission, Mayor Harvey declared a recess at 7:31 p.m. in order for the Planning Commission to begin its meeting. Mayor Harvey called the meeting back to order at 7:33 p.m., all Councilmen being present. REQUEST FROM PROPERTY OWNERS FOR CITY COUNCIL CONSENT TO ANNEXATION PRO- CEEDINGS (ANNEXATION NO. 67-1): The City Manager presented a communica- tion dated May 18, 1967, requesting the City CounCil to consent to the commencement of proceedings for the annexation of unincorporated Orange County territory known as Annexation No.67-1 to the City of Cypress. The subject corfanunication was signed by the following property owners: Mrs. Christine Swain, 5362 Crescent Street, Theodore M. Priddy, 5681 Saint Ann, Mrs. Virgina G. Bott, 5692 Saint Ann, Victor B. Sherron, 5712 Danny Avenue, and Edwin P. Fanslow, 5681 Vonnie Lane. The City Manager advised that pursuant to the Annexation Act of 1913, a request of this nature must be referred to the Planning Commission for study and report back to the City Council. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to refer the request for consent to Annexation No. 67-1 to the Cypress Planning Commission for study and report back to the City Council. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to declare a recess at 7:40 p.m. in order to go into executive session with the City Manager and City Attorney to dis cuss pending litigation against the Columbia Advertising Company. The meeting was called back to order at 8:02 p.m., all Councilmen being present. BLOOMFIELD STREET IMPROVEMENTS: The City Manager presented a report dated May 11, 1967, reviewing the required street improvements on Bloomfield Street, which are to be constructed in conjunction with the development of Tract No. 6276 under construction by the Larwin Company. A majority of the improvement is the responsibility of the Larwin Company and the City of Hawaiian Gardens; however, a portion of the west side of Bloomfield Street near the southerly end of the Neishi property is the responsibility of the City of Cypress. The Larwin Company has agreed to construct the required improvements subject to reimbursement for the City's share of the construc- tion, the cost of which is estimated at $6,000. May 18. 1967 Following brief discussion, it was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to declare a recess at 8:07 p.m. and to continue consideration of this matter until completion of the Planning Commission meeting. The Mayor called the meeting back to order at 8:54 p.m., all City Councilmen being present. The Public Works Director reviewed the required street improvements on Bloomfield Street, and advised that the low bid obtained by the Larwin Company for the City's portion of the work was from the Sully-Miller Company in the amount of $6,224.45. Councilman McCarney voiced his concern over reconstruction of a p6rtion of Bloomfield Street which he feels is presently in good condition. Following considerable dis cussion regarding the proposed street grade and drainage in the area, it was moved by Coancilman Kanel and seconded by Councilman Bowen to direct the City Attorney to prepare a formal Reimburse- ment Agreement for a portion of the street improvements on Bloomfield Street with the Larwin Company for consideration at the City Council meeting of May 22, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEn: None ABSENT: 0 COUNCILMEN: None and Harvey PROCLAMATION OF SCHOOL BUS SAFETY WEEK: At the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to place on the agenda at this time a request for proclamation of School Bus Safety Week. The City Manager presented a communication dated May 2, 1967, from the Program Chairman of the Ocean View School District, requesting the procla- mation of May 13-20, 1967, as School Bus Safety Week. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to authorize the Mayor to proclaim May 13-20, 1967, as "School Bus Safety Week" in the City of Cypress. BLOOMFIELD STREET IMPROVEMENTS: Mr. Pete Van Ruiten addressed the Council, requesting an opportunity to speak concerning the proposed Bloom- field Street improvement. Mr. Van Ruiten~s advised thatI~he matter would be before the City Council at its meeting of May 22, 1967, and was requested to speak to the City Staff regarding his comments prior to that time. REQUEST FROM PROPERTY OWNERS FOR CITY COUNCIL CONSENT TO ANNEXATION PROCEEDINGS: At the request of the City Manager, it was moved by Councilman Kanel, seconded by Councilman, Noe, and unanimously carried, to consider the proposed Annexation No. 67-1 at this time. The City Manager advised that the Planning~mndssion, at its meeting conducted earlier this date, had adopted a Resolution recommend- ing the commencement of the annexation proceedings. Councilman Kanel suggested that individuals in the audience be given an opportunity to speak concerning the Annexation. Mayor Harvey indicated his desire for all Councilmen to concur with this suggestion prior to opening the matter for public discussion. Brief discussion ensued concerning the matter presently before the City Council, following which it was moved by Councilman McCarney and seconded by Councilman Kanel to allow members of the audience to speak on the pro- posed annexation at this time. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None May 18, 1967 Mr. Jesse Black, 5422 De Long Street, Cypress, addressed the Council, stating that the matter of economics is the primary reason many individuals are opposed to the annexation. Mr. Black also questioned whether five individuals who reside in one particular area should request the annexa- tion of the entire County unincorporated area n~rth of Lincoln. Councilman Noe advised Mr. Black that the letter from the five individuals was only a means of starting the annexation proceedings, and all individuals in the area would have an opportunity to vote either for or gainst the annexation. Mr. Allen Bannick, 8741 Watson Street, Cypress, addressed the Council, stating that he owns a 20-unit apartment building in the proposed annexa- tion area and would be opposed to the annexation due to increased taxes, lack of adequate fire protection, and the business license tax which would be imposed by the City upon his apartment houses. Mayor Harvey advised Mr. Bannick of the study presently being considered by the City Council regarding fire protection serviees, and further assured Mr. Bannick that the City Council has not yet taken a stand concerning the annexation, but is now only considering a request to begin the legal proceedings. Mr. Ralph Stewart, 8722 La Salle, Cypress, addressed the Council, stating that the Council has not asked the people in the subject area if they desire to annex to the City, and indicating he felt the matter would be voted against at the polls. Mr. Stewart further stated that the people in the area are desirous of maintaining their animals on their property, and recommended that the Council seriously consider the zoning of the area. Mr. A1 Witliams, 8542 La Salle, Cypress, addressed the Council, stating that he owns a fabrication plant adjacent to the railroad tracks, and questioned whether the City of Cypress would be willing to zone this area ~ M-1 if it were annexed to the City. Mr. Williams emphasized the need for industry in the area and stated that if annexed to the City, he could probably not afford to remain in business for more than ten years. Councilman Bowen stated he was in favor of referring the map to the Local Agency Formation Commission in order to give the citizens of the area the legal means of voicing their opinions on the matter. Councilman Kanel again expressed his concern over five individuals in the proposed annexation area requesting annexation of such a large parcel of property, and suggested the possibility of withholding action on this request to allow the City Manager to conduct a survey of the area regarding the attitudes of the residents toward the annexation. If the individuals seem to be in favor of annexing, he suggested that this would be the time to submit the map to the Local Agency Formation Commission. It was moved by Councilman Kanel and seconded by Councilman McCarney that the request of the property owners to begin proceedings to annex the subject area be continued for a period of thirty days, and further direct the City Manager to obtain further information regarding the feels of the residents and voters in the area. Prior to voting on this motion, discussion was held regarding postponing action on the annexation. The City Manager stated that the proponents requesting the matter had anticipated the hearing of the Local Agency Formation Commission to be conducted at its meeting of June 1~, 1967, and further indicated that the City Council, following action of the Local Agency Formation Commission, could establish a minimum number of signatures on the petitions requesting annexation prior to proceeding with the various annexation requirements. The Mayor called for a vote on Councilman Kanel's motion, which failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and McCarney Bowen, Noe, and Harvey None May 18, 1967 It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, consenting to the conmencement of proceedings for the annexation of certain inhabited territory to the City of Cypress. Title of the Resolution is as follows: RESOLUTION NO. 771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS FOR THE ANNEXATION OF CERTAIN I}~tABITED TERRITORY DESIGNATED AS "ANNEXATION NO. 67-1" The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None At the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen, and carried, to consider on the agenda at this time the individuals to represent the City at the Annexation Hearing before the Local Agency Formation Commission. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution, appointing the City Manager, Assistant City Manager, and Planning Di rector as the City's representatives to the Local Agency Formation Commission. Title of the Resolution is as follows: RESOLUTION NO. 772 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPOINTING AND AUTHORIZING REPRESENTATIVES TO THE LOCAL AGENCY FORMATION COMMISSION. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUCNILMEN: Bowen, McCarney, Noe, and Harvey Kanel None RECESS: Mayor Harvey declared a recess at 10:03 p.m., following which a Joint Meeting between the Planning Commission and City Council will be held. (See Minutes of Joint Meeting). MAYOR OF THE CITY ATTEST: CITY CLERK OF THE CITY OF CYPRESS ........ Ma~ 18~ 1967