Loading...
Minutes 64-03-09)J~DEXED MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD March 9, 1964 The City Courril of the City of Cypress held a regular meeting on March 9, 1964, in the City Council Chambers, 9471 South Walker Street, Cypress, California, at 7:30 P.M., Mayor F~ank P. Noe presiding. PRESENT: Gorzeman, Kanel, Van Dyke, Wright, and Noe NOES: None Also present were City Manager/City Clerk Darrell Essex, City Attorney H. Rodget Howell, Public Works Director Harold Neum Secretary of the Planning Commission Dartell Dalton, Police Lt. R. J, Murray, and Building Superintendent John McGettrick. MINUTES: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the minutes of February 17 and February 24, 1964, be approved as mailed. ORAL COMMUNICATIONS: Mr. Ruben Villegas, 5501 Cathy Circle, Cypress, addressed the Council on behalf of the Cypress Junior Chamber of Commerce concerning a Jay-Cee sponsored circue in the City, The City Manager advised that since he had received a written communication on this matter, the item would be considered at the close of the Written Communications portion of the agenda. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council, asking that a poll be taken of the Council members to see who is for and who is against the City water system. Discussion was held concerning whether Mr. Kennedy's question could properly be considered under Oral Communications. The City Attorney advised that it was up to the discretion of the City Council as to whether or not they wished to comply with Mr. Kennedy's request. Mayor Noe advised Mr. Kennedy that all members of the City Council had si~ned the argument favoring passage of the water bonds, and this argument will appear on the sample ballots sent out prior to the election. It was moved by Councilman Van Dy~ seconded by Councilman Wright, and unanimously carried, that each Councilman state whether he is for or against the water system, The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright, and Noe None None Mr. John Kennedy further addressed the Council, asking Councilman Kanel if he feels the City Council went into the water business in the proper manner. The City Attorney, upon the request of Councilman Kanel, stated that this question is exceeding the limits of Oral Communications and suggested that the questions be directed to the City Council as a whole, not to individual Council members. Councilman Gorzeman stated he felt there was some confusion concerning the intent of Councilman Van Dyke's motion, He stated he felt that the poll of the Council members concerninR the water system would be held after the motion was voted upon; however, Mayor Noe stated that a yes vote on Councilman Van Dyke's motion indicated the Councilman was in favor of the water system. The City Attorney suggested that a second roll call vote be taken concerning whether or not the individual councilmen were in favor of the water system. March 9, 1964 The following Poll call vote was taken: YES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman~ Kanel~ Van Dyke, Wright, and Noe None None Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council regarding the authorization and costs of the City Attorney's work on the delinquent business license suit. The City Attorney indicated he would make this information available. RESOLUTION OF COMMENDATION FOR FORMER PLANNING COMMISSIONER WILLIAM SHUBIN: The City Manager read Resolution No. 454 in full and presented a framed copy to Mr. William Shubin. Mr. Shubin addressed the Council, expressing his appreciation for the Resolution of Commendation and for the opportunity of serving the City of Cypress on the Planning Commission. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried~ the following Resolution be adopted~ title as follows: RESOLUTION NO. 454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MR. WILLIAM SHUBIN FOR HIS SERVICE TO THE CITY OF CYPRESS. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel~ Van Dyke, Wri~ht~ and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-98 (CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS): The Mayor announced this was the time and place for the public hearing to consider an application for amendment to the Zoning Ordinance to change the zone from R-1 (One-family Residential) to R-3'(Multiple Family Residential) on property generally located south of Orangewood and west of Valley View as ~e~uested by the Church of Latter-Day Saints~ 47 East South Temple~ Salt Lake City, Utah, known as Zone Change No. Z-98. The City presented the Planning Commission's recommendation for denial on the basis that the request was not in compliance with the adopted Land Use Plan. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Gloar~ 11152 Bowles Avenue~ 8arden Grove, addressed the Council~ speakin~ in favor of the Zone Change, stating that the R-3 would be a good buffer zone. There being no written communications and no oral protests, the Mayor declared the public hearing closed. The City Manager reviewed discussions that had been held concernin~ this area and surroundlnR areas with representatives from the Los Alamitos NAval Air Station~ adjoining Cities, and OranRe County in reference to possible park development. He explained that during the course of these discusslons~ it was learned that approximately 50 acres of the Planned Manufacturing Zone were under lease to the Naval Air Station for a crash zone, which would affect the percentage of industrial land which would be available for development. For this reason, it may be advisable to re-evaluate the area in reference to the Master Land Use Plan. March 9, 1964 It was moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried, to concur with the recommendations of the Planning Commission for denial of Zone Change No. Z-98. The following roll call vote wa~ taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright, and Noe None None Discussion was held re~ardinR the procedures to change the zoning in this area to Planned Manufacturin~ until such time as a mope complete study can be made. The City Attorney advised that the property could be zoned Planned Manufacturing immediately by means of an Urgency Ordinance based on a statement from the Planning Department that the area will be studied and future hearings will be held reRardin~ the zoning of this area. He further advised the Council that if there was a desire to adopt an urgency ordinance, this item should be delayed until later in the meeting inasmuch as the Ordinance would have to be drafted and read in full for final adoption. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and carried, this matter be continued until the end of the regular agenda, The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: C~rzeman, Kanel, Van Dyke, and Noe Wright None PUBLIC HEARING RE: ZONE CHANGE NO. Z-104 (LARWIN COMPANY): The Mayor announced this was The time and place to consider an application for amendment to the Zoning Ordinance to chan~e the zone from R-1 (One-family Residential) to PD (Planned Development) on property generally bounded by the Carbon Creek Channel, Denni Street, Orange Avenue, and Bloomfield Avenue, as requested by Larwin Company, 8570 Wilshire Boulevard, Beverly Hills, California, known as Zone ChanRe No. Z-10~. The City Manager reviewed the recommendation of the Planning Commission on Zone Change No. Z-10~, which was for approval of the request. The Mayor declared the public hearing open adn asked if anyone in the audience wished to speak for or against The proposed use. Mr. Lee Goldin, representin~ the Larwin Company, addressed the Council, speaking in favor of the proposed zone change, and stated that this zone change merely adds several small parcels of land To the adjacent larger Planned Development ZoninR area. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council, inquiring if the proposed development would cause changes in the existing sewer line in Belle Avenue. Mr. Lee Goldin stated that the Larwin Company has no intention of altering the existing sewer line in Belle. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. Councilman Gorzeman inquired concerning the total number of residential units to be constructed in The Larwin Company condominium. The Secretary of the Planning Commission advised him that there would be a total of 1,606 units. Councilman Gorzeman inquired about the number of schools planned in the area. March 9, 1964 A gentlemen in the audience representing the John Vieira Estate, 9391 Denni, Cypress, addressed the Council concerning the school sites in the area, protesting the manner in which land is condemned for schools. The City Council informed him that the City has no jurisdiction over alnd condemnation for schools, but that it is a School District Matter. Mrs. Hope Vieira, 9391 Denni, Cypress, also addressed the Council, protesting the condemnation of her land for school purposes. Mayor Noe pointed out that the discussion concerning school sites did not pertain to the zone change request. After discussion, it was moved by Councilman Van Dyke, seconded by Coundilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY RESIDENTIAL) TO PD (PLANNED DEVELOPMENT ) ZONE CHANGE NO. Z-104 (LARWIN COMPANY) It was moved by Councilman Kanel, seconded by Councilman Van Dyke, and unanimously carried this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-105 (PETER D. GORZEMAN:) The Mayor announced this was the time and place to consider an application for amendment to the Zoning Ordinance to change the zone from R-1 (One- Family Residential) to C-1 (Neighborhood Stores) and R-3 ( Multiple Family Residential) on property generally located at the northeast corner of Ball Road and Walker Street, requested by Peter D. GorzemSn 9922 Walker Street, Cypress, California, known as Zone Change No. Z-105. COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM. The City Manager presented the recommendation of the Planning Commission on Zone Change No. Z-105, which was for denial. The Mayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed use. The City Manager presented a communication dated March 3, 1964, from Shareholder Properties, Inc., stating that Mr. Gorzeman would like to withdraw Zone Change Request No. Z-105. Mrs. Bernice Brown, 1134 West Greendale Street, West Covina, who owns a parcel of property to the north of the area under consideration, spoke in favor of the zone change and requested that a six-foot block wall fence be constructed on the north boundary line. Mrs. Brown requested that a letter outlining this request be made a part of the minutes. The City Manager acknowledged Mrs. Brown's letter dated March 5, 1964, which requested the block-wall fence. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, asking if it was necessary to discuss this zone change since Mr. Gorzeman had requested withdrawal. March 9, 1964 After discussion, it was moved by Councilman Van Dyke, seconded by Councilman Wright~ and unanimously carried~ the public hearinR be closed and the request of Mr. Gorzeman for withdrawal of Zone Change No. Z-105 be granted. COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM. PUBLIC HEARING RE: ZONE CHANGE NO. Z-106 (CITY OF CYPRESS): The Mayor announced this was the time and place to consider an application for amendment to the Zonin~ Ordinance to chanRe the zone from R-1 (One-Family Residential) to C-0 (Commercial Office) on property ~enerally located north of Ball Road approximately 535' east of Moody Street, initiated by the City of Cypress, known as Zone Chan~e No. Z-106. The City Manager informed the City Council that the Plannin~ Commission recommended approval of Zone Change No. Z-106. The Mayor declared the public hearing open and asked'if anyone in the audience wished to speak for or aRainst the proposed use. There being no written communications and no oral protests, the Mayor declared the public hearing closed. It was moved by Councilman Kanel, seconded by Councilman. Wright, and unanimously carried, the followin~ Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-O (COMMERCIAL OFFICE) ZONE CHANGE NO. Z-106 (CITY OF CYPRESS) It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, this Ordinance pass its first readinR by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wri?~ht and Noe None None REQUEST FROM SHELL OIL COMPANY FOR RELEASE OF CASH BOND: The City Manager presented a communication dated January 23, 1964, from Shell Oil Company, requestin~ release of the cash bond in the amount of $3,060.02 for the street improvements at the service station located at 4501 Lincoln Avenue, Cypress. It was moved by Councilman Van Dyke, seconded by Councilman Wright and unanimously carried, to accept the street improvements and authorize the City Clerk to release the cash bond in the amount of $3,060.02 as requested by Shell Oil Company. NOTICE FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: LICENSE FOR RICHARD V. AND BONNIE J. HUSTON: OFF-SALE BEER & WINE The City ManaZer presented a communication from the Alcoholic Beverage Control Board notifying the City of an off-sale beer and wine license application by Richard V. and Bonnle J. Huston at the Log Cabin Market~ 5552 Lincoln Avenue, Cypress. It was noted that the address should read 5562 Lincoln Avenue and that the building will have to be brought up to buildlnR code standards. March 9, 1964 It was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried, this communication be received and filed. REQUEST FROM ST. PAUL PRESBYTERIAN CHURCH SENIOR HIGH FELLOWSHIP RE: PAINTING HOUSE NUMBERS ON STREET CURBS: The City Manager presented a communication dated February 23, 1964, from Mrs. Alan Satorius, advisor for the Senior High Fellowship of the St. Paul Presbyterian Church in Anaheim, requesting a permit to paint curb house numbers in the City of Cypress for a period of six months. The communicat ion also requested a waiver of fees. The City Manager pointed out that the City Council had granted a similar request to the Cypress Show Stoppers at the February 24th Council Meeting. After discussion, it was moved by Councilman Wright, seconded by Councilman Van Dyke, and unanimously carried to deny this request because of the permit granted to the Cypress Show Stoppers, a local organization. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None Mrs. Alan Satorius, 5981 Lemon Avenue, Cypress, addressed the Council askin~ that the Council reiterate the decision concerning this matter. Mrs. Satorius was advised that the request had been denied on the basis of the previous permit to the Cypress Show Stoppers. The City Manager advised her that he would contact her if the Show Stoppers did not proceed with the curb painting. Mrs. Duffy, Rome Avenue, Cypress, addressed the Council, stating that an individual had approached her requesting to paint the house number on the curb. The City Manager stated that an individual was pointing the house numbers on the curbs without a permit and he had been apprehended. RESOLUTION FROM COUNCILMAN SOLOMON OF REDONDO BEACH RE: PROHIBITING USE OF TOBACCO BY MINORS: The City Manager presented a sample resolution received from Mr. J. O.Lee Solomon, Councilman for the City of Redondo Beach, asking the City Council to give consideration to a sample resolution prohibiting the use of tobacco by minors. ~e resolution requests that the League of California Cities sponsor legislation at the 1965 General Session of the Legislature to expressly prohibit the use or other consumption of tobacco in any form by minors. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, this resolution be received and filed. Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council emphasizing that it is the responsibility of parents to prohibit the use of tobacco from minors. Mr. Frank Visca, 5782 Lime Avenue~ Cypress, commented on the reason for Councilman Solomon's resolution. REQUEST FROM ST. MARY'S HOSPITAL GUILD, INC. FOR WAIVER OF ADMISSION TAX FOR DAY AT THE RACES: The City Manager presented a communication dated February 26, 1964, from the St. Mary's Hospital Guild, Inc., Long Beach, making application for a waiver of admission tax for the tenth annual "Day at The Races" at the Los Alamitos Race Course on April 29, 1964. The purpose of the fund-raising day is to provide proceeds for the St. Mary's Hospital Guild to be used for equipping and furnishing one of the floors of the new wing at the hospital. March 9, 1964 It was moved by Councilman Van Dyke, seconded by Councilman Kanel, and unanimously carried, to grant the request of the St. Mary's Hospital Guild for the waiver of admissions tax for this event on April 29, 1964, The following Poll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, WriRht and Noe None None Mr. Leslie E. Still, Jr., representinR the St. Mary's Hospital Guild, thanked the Council for its consideration of the Guild's request. DEDICATION OF EASEMENT ON NORTH SIDE OF CERRITOS FROM CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS: The City Manager presented a dedication of an easement of 20 feet on the north side of Cerritos west of Denni for a length of 198 feet adjacent to the property owned by the Church of Jesus Christ of Latter-Day Saints. The easement is for the purpose of installing the no-joint storm drain along the north side of Cerritos. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the City Council accept the easement and authorize the City Clerk to record same. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None DEDICATION ON WATSON AND WICKER DRIVE FROM WILLIAM E. AND DONNA Y. HINDS: The City Manager presented a dedication of an easement for 30 feet on Watson and 15 feet on Wicker Drive from William E. and Donna Y. HindsT 7915 Fourth Street, Downey. The easement was required as a condition of a previously approved lot split. It was moved by Councilman Gorzeman, seconded by Councilman Van Dyke, and unanimously carried, the City Council accept the dedication and authorize the City Clerk to proceed with the recordation. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None RESOLUTION FROM CITY OF COSTA MESA RE: DIVISION OF ORANGE COUNTY TELEPHONE DIRECTORY: The City Manager presented a communication dated March 3,196~, transmitting a resolution from the City of Costa Mesa protesting the division of the Orange County telephone directories of the Pacific Telephone Company into five sections. The communication requests a similar resolution of protest be filed with the Public Utilities Commission by the City of Cypress. After discussion, it was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried to authroize the City Manager to request the Pacific Telephone Company to provide the City with more information regarding this proposal for Council consideration. REQUEST FROM STATION LITTLE LEAGUE RE: CANDY SALE: The City Manager presented a communication dated March 2, 1964, from Mr. L. A. Serf, representative of the Stanton Little League, requesting per- mission for a fund-raising drive from March 23 through April 4, 1964. March 9, 1964 It was moved by Councilman Grozeman, seconded by Councilman Wright and unanimously carried~ the City Council grant the request of the Stanton Little League and waive any required fees. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzemane Kanel~ Van Dyke, Wright and Noe None None REQUEST FOR WAIVER OF PERMIT FOR CIRCUS SPONSORED BY CYPRESS JUNIOR CHAMBER OF COMMERCE: The City Manager presented a communication dated March 9~ 196~ from Mr. Ruben Villegas of the Cypress Junior Chamber of Commercee requesting waiver of the required permits for conducting a circus~in the City on April 10~ 196~. The Secretary of the Planning Commission advised that a Conditional Use Permit would be required for a circus to be held in the City~ and that the earliest Planning Commission meeting at which it could be considered would be on April 2~ 1964. Mr. Villagas explained that the only date the circus is available is April 10th, After discussion the City Attorney suggested that if the Council deems it appropriate it may waive the conditional use permit fee and the business license fees~ but schedule the public hearing for the Conditional Use Permit for the. April 2,196~ Planning Commission Meeting. In the meantime .the Junior Chamber should select the site for the circus, file an application for the Conditional Use Permit and contact adjoining property owners in an attempt to obtain a signed statement indicatinR that they have no objection to the circus location. This statement would assist the Junior Chamber in the presentation before the Planning Cormnission. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, the City Council consent to the holding of a circus subject to obtaining all the necessary permits and approval of a Conditional Use Permit, and further waive the business license fees and filing fees for the Conditional Use Permit. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None APPLICATION FOR PRIVATE PATROL SERVICE; HARBOR SECURITY PATROL: The City Manager presented an application for Private Patrol Service from Mr. J. R. Buesin~, Harbor Security Patrol, 12311 Chapman Avenue, Garden Grove, California. He stated that this matter had been continued from the last City Council meeting, and further that the staff had determined that there were sufficient private patrol services in the City. It was moved by Councilman Wright and seconded by Councilman Gorzeman, this application be denied. Councilman Kanel requested discussion on the matter prior to voting. Lieutenant Murray of the Police Department stated that there are presently three private patrol services operating in the City. Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council requesting information concerning the City's Ordinance regulating private patrol services. The City Manager reviewed Ordinance No. 37, with particular reference to Section 9 regarding investigation of the applicant and the number of private patrol services. March 9, 196~ Mr. Frank Visca, 5782 Lime Avenue, Cypress, addressed the Council, questioning the validity of Ordinance No. 37 since there are State Laws concerning private patrol services. Councilman Kanel stated that he does not feel an individual should be denied his right to do business, Mayor Noe called for a vote on Councilman Wright's motion for denial of the application, The following Poll call vote was taken: AYES: 4 COUNCILMEN: GoPzeman, Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Kanel Mr. Carl de Pietro, 10301 Sande Street, Cypress addressed the Council, inquiring if the motion was based upon the background of the applicant or upon the determination that there are sufficient private patrol services in the City. Mr. Wright advised Mr. de Pietro that he had made the motion for denial of the request based upon the fact that there are sufficient private patrol services in the City. Mr. J. R. Buesing, applicant, addressed the Council, stating that he would refer the matter to his attorney to test the validity of Ordinance No. 37 in court. FINAL TRACT MAP NO. 5455; ROBERT H. GRANT AND COMPANY: A report dated March 4, 1964, was presented from the City Engineer, concerning Final Tract Map No. 5455, located on the north side of Orange Avenue, 781 feet east of Denni Street, 37 R-1 lots, 7.57 acres, as requested by Robert H. Grant and Company, 1665 South Brookhurst Street, Anaheim, California. Mr. Robert Kay, representing the R. H. Grant Company, addressed the Council stating that he objects to the condition on the final map for the installation of a 16-inch water line in Orange Avenue from the east tract boundary to Alderbury Street. Mr. Kay stated that this condition was not on the tentative tract map. The City Engineer stated that this condition was merely a clarification of a general condition on the tentative tract map, Mr. Richard Owen, representing the R. M. Grant Company, addressed the Council, stating that they are concerned with the policy which will be set in conditioning a final map in this manner. After discussion, it was moved by Councilman Kanel, seconded by Councilman Wright, and carried, to approve final tract map No, 5455 based upon the conditions of the Tentative Tract Map, accept the agreements and bonds for public improvements, authorize the Mayor and City Clerk to sign the agreements, and to authorize the City Clerk to sign the Record Map. The followinS roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMAN: ABSENT: 0 COUNCILMEN: GoPzeman, Kanel, Wright and Noe Van Dyke None STATE DEPARTMENT OF FINANCE POPULATION ESTIMATE: A report dated March 5, 1964, was presented from the City Manager stating that Section 194.2 of the Streets and Highways Code provides that cities are eligible to request the State Department of Finance March 9, 1964 to estimate any increases in population once each year. The date made available from the special census in September of 1963 now makes the City eligible for a population estimate. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, to approve the agreement with the State Department of Finance for conducting a population estimate with a certification date of April 1, 1964, and further authorize the Mayor and City Clerk to execute this agreement. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None REPORT FROM CITY MANAGER RE: FOREST LAWN CEMETERY DEDICATION AND IMPROVEMENTS: A report dated March 5, 1964, was presented from the City Manager concerning the required dedications and improvements in the areas adjacent to the Forest Lawn Cemetery, with specific reference to Crescent Avenue and Sumner Place, as requested at the City Council Meeting of January 9, 1964. Forest Lawn Officials have indicated that they had considered the matter closed with the payment of $5,200,00 and were not interested in participating in street improvements on either Crescent Avenue or Sumner Place. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, this report be received and filed. Discussion was held concernin~ the past records concernin~ this matter. Mr. Ralph Stewart, 8722 La Salle, Cypress, addressed the Council, concerning the flooding condition created by the presence of Forest Lawn. He stated that to his knowledge no drainage work has ever been performed on Sumner Place. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council, asking who was in office at the time this matter originally took place. Councilman Van Dyke advised Mr. de Pietro of who was serving on the Council at that time. Mr. Martin McCarney, 5551 East Karen Avenue, Cypress, a member of the City Council at the time this matter was originally considered, addressed the Council, stating that in his opinion the City had to provide a drainage solution. Councilman Gorzeman stated that he would like the City Manager to check the records to determine how each individual voted on the various actions taken concerning Forest Lawn. The City Manager emphasized that the records on this matter are extremely limited. Mr. Carl de Pietro, 10301 Sande Street, Cypress, addressed the Council concerning the possibility of the area adjacent to Forest Lawn being annexed to the City. Councilman Kanel inquired of Mr. Ralph Stewart what he feels should be done concerning this matter. Mr. Stewart addressed the Council, stating that he would like to have the excess flooding condition eliminated. Councilman Gorzeman suggested the possibility of having one of the officials from Forest Lawn meet with the City Council to discuss the problems of drainage, etc. After discussion, Mayor Noe suggested that the City Manager and Public Works Director investigate the drainage problems in this area. March 9, 1964 PARKWAY MAINTENANCE POLICY: A report dated March 6, 1964 was presented from the City Manager regarding parkway maintenance and maintenance of parkway trees. The following policies were recommended by the STaff to provide a sound program for street tree and parkway maintenance, 1. A master street tree planting plan should be prepared which will guide the developers in the selection of trees for various parkways based upon the width of the parkway, the growing characteristics of the tree, and its susceptibility to insects and disease. 2. The City should assume the responsibility for re-staking, pruning, and spraying of all street trees. 3. The City will replace dead trees under a permit system, requiring the property owner to pay a fee, which is estimated to be approximately $8.00 per tree. 4. On arterial highways all planting strips shall be paved with asphalt and painted a shade of green. Tree wells shall be provided and standarization of The Italian Cypress should be required. 5. No parkway trees should be required in industrial areas since landscaping is generally required in the front yard areas. 6. Tree wells should be provided in The commercial areas. type of Tree planted should not be one ~hich wil obstruct vision of motorists entering or leaving parking lots. The Mr. Richard Ow~n, representing The R. H. Grant Company, 1865 South Brookhurst, Ariahelm, addressed The Council, stating that he is not in favor of Recommendation No. 4 concerning painting the plsntlng strips a shade of green. Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed The Council, suggesting that The parkways be cemented rather than usinR asphalt. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, recommending the possibility of eliminating the parkways and bringing of block walls out closer to the street.. Mr. John Prins, of the Grant Company, addressed the Council, suggesting that the parkways be concreted rather than asphalted, and recommended against painting them a shade of green. It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried to continue this matter for further study by the staff. Councilman Gorzeman suggested that the staff obtained pictures of the various possibilities concerning planting strips. The City Manager indicated that cost estimates would also be obtained. Mr. Lee Goldin, representing the Larwin Company, addressed The Council, suggesting That the trees be planted at The rear of the citizens' property line inside the block wall so that it would be the property owners responsibility to maintain the tree. SECOND READING ORDINANCE RE: STATE RETIREMENT SYSTEM FOR CITY EMPLOYEES: It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be adopted~ title as follows: March 9, 1964 ORDINANCE NO~ 199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING A CONTRACT BETWEEN THE CYPRESS CITY COUNCIL AND THE BOARD OF ADMINISTRA- TION OF THE CALIFORNIA STATE EMPLOYEES' RETIREMENT SYSTEM. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke, Wright and Noe None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-102 (MEEKHOF~ TRAUTMAN9 COLLINS, ARNOLD, WETZLER AND DAMRON): The City Manager stated that since the first reading of the Ordinance approving Zone Change No, Z-102, the staff has met and has further recommendations concernin~ the subject property. COUNCILMAN GORZEMAN REQUESTED PERMISSION B E EXCUSED FROM HIS CHAIR ON THE PODIUM. The Secretary of the Planning Commission outlined the Staff's recommendation concerninR the subject property~ which was that the provision be made fop Rome Street to be put through northward to an east-west street. This in turn would reduce the total depth of the property owned by Mr, Meekhof and Mr. Trautman. Mrs. Iota Duffy, 9787 Rome Street, Cypress~ addressed the Council9 stating that it is difficult to turn an automobile around on Rome Street as it now exists. After discussion~ it was moved by Councilman Kanel, seconded by Councilman Van Dyke, and unanimously carried, t~e following Ordinance be adopted, title as follows: ORDINANCE NO. 200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90~ THE ZONING ORDINANCE~ BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (RESIDENTIAL ONE- FAMILY) TO C-2 (GENERAL COMMERCIAL) ZONE CHANGE NO. Z-102 (MEEKHO/, TRAUTMAN, COLLINS, ARNOLD~ WETZLER AND DAMRON). The followin~ roll call vote was taken: AYEq: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kanel, Van Dyke~ Wright and Noe None Gorzeman COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM. It was further moved by Councilman Van Dyke, seconded by Councilman Gorzeman, and unanimously carried9 the City Council initiate zone change proceedings to change the zone from C-2 to R-1 on that property owned by Mr. Meekhof and Mr. Trautman generally located 130 feet east of the centerline of Rome Street and west of Rome Street. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, Van Dyke~ Wright and Noe None None March 9, 1964 SECOND READING ORDINANCE RE: ZONE CHANGE NO Z-103 (MARTIN NANNE): COUNCILMAN GORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIUM. It was moved by Councilman Van Dyke, seconded by Councilman Wright, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90~ THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (RESIDENTIAL ONE-FAMILY) TO C-2 (GENERAL COMMERCIAL) ZONE CHANGE NO. Z-103 (MARTIN NANNE). The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kanel~ Van Dyke, Wright and Noe None Gorzeman COUNCILMAN GORZEMAN RETURNED TO HIS CHAIR ON THE PODIUM RESOLUTION ALLOWING CLIAMS AND DEMANDS NOS, 8476 THRU 8514 (PAYROLL): It was moved by Councilman Gorzeman, seconded by Councilman Wright and unanimously carried the followin~ Resolution be adopted~ title as follows: RESOLUTION NO. 455 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 8476 THRU 8514. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman ~ Kanel, Van Dyke~ Wright and Noe NOES: 0 COUNCILMEN: N~ne ABSENT: 0 COUNCILMEN: None RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 8515 THRU 8579 (COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman~ seconded by Councilman Wright, and unanimously carried~ the following Resolution be adopted, title as follows: RESOLUTION NO. 456 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 8515 THRU 8579 The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman ~ Kanel~ Van Dyke, Wright and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None URGENCY ORDINANCE CHANGING ZONE TO PLANNED MANUFACTURING WEST OF VALLEY VIEW AT THE SOUTH CITY LIMITS: The City Attorney advised that he had prepared the Urgency Ordinance requested in the early part of the meeting, to change the zone from R-1 (One-Family Residential) to PM ( Planned Manufacturing) in the area bounded on the north by the Flood Control Channel~ on the east by Valley View, on the south and west by the Cypress City Limits. FIe further advised March 9, 1964 that in accordance with Section 65806 of the Government Code, such an ur%encV Ordinance must be preceded by a statement from the Plannin~ Department that studies will be made for makin~ specific recommendations to the CityICoundil re~ardin~ amendment to the ZonlnQ Ordinance for reclassiflcation of the subject property. The Secretary of the Plannln? Commission addressed the Council, statin~ that such studies will be made, whereupon the City Attorney read lnfull the urgency Ordinance, title as follows: ORDINANCE NO. 202 AN ORDINANCE OF THE CITY CODNCIL OF THE CITY OF CYPRESS REZONING CERTAIN PROPERTY T~ PM (PLANNING MANUFACTURING) AS A TEMPORARY INTERIM ZONING ORDINANCE. The City Attorney further stated that this Ordinance is in effect for one year. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to adopt Ordinance No. 202 in accordance with Section 65806 of the Government Code. The following roll call vote was taken: AYES: 5 COUNCILMEN: Gorzeman, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, Van Dyke, Wright and Noe ORAL COMMUNICATIONS: Mrs. Iota Dully, 9787 Rome Street, Cypress, addressed the Council, asking if Forest Lawn's Flower Shop and limousine service pay business licenses to the City. The City Manager advised Mrs. Dully that the flower shop and limousine service are included under the business license issued to Forest Lawn for all of their operations. Mr. T. A. Martin, 5112 Marion Avenue, Cypress, addressed the Council, asking Mayor Noe to read a communication he had prepared whereupon Mayor Noe read in full the communication from Mr. Martin suggesting that personal property taxes and taxes on improvements be removed,and that taxes be based on land value. The City Attorney advised Mr. Martin that under the present laws, the County Assessor is required to assess all property at the market value. ADJOURNMENT: There being no further business to come before the City Council, the Mayor declared the meetinE adjou ned at the hour of 10:40 P.M. ATTEST: March 9, 1964