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Minutes 64-07-27[~DEXED MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD July 27~ 1964 The City Council of the City of Cypress held a regular meeting on July 27, 1964, in the City Council Chambers, 9471 South Walker Street, Cypress, California, at 7:30 p.m.~ Mayor Frank P. Noe presiding. PRESENT: ABSENT: Gorzeman, Kanel, McCarney, and Noe Wright Also present were City Manager/City Clerk Dartell Essex; City Attorney H. Rodget Howell; Public Works Director Harold Neu; Secretary of the PlanninR Commission Darrell Dalton; Police Chief O. C. Foster; and Building Superintendent Thomas Nudson. MINUTES: It was moved by Councilman McCarney, seconded by Councilman Kanel, and u~animously carried, the minutes of July 13, 1964, be approved as mailed. ORAL COMMUNICATIONS: Mr. Pete Van Ruiten, 9432 Bloomfield Avenue, Cypress, addressed the Council, stating that in his opinion the weed abatement program problems had not been resolved. Mayor Noe advised Mr. Van Ruiten that this matter would be discussed under Item No. 12 on the a~enda, concerninR the Weed Abatement proRram protests. There were no further oral communications at this time. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-109; (SHERMAN R. WHITMORE): The City Manager announced' that this matter had been continued from the last City Council meeting, and further stated that the applicant had verbally requested the City Council to continue the public hea~r~ on Zone Chan~e No. Z-109. It was moved by Councilman McCarney and seconded by Councilman Kanel to grant the request of the applicant and continue the public hearing on Zone Change No. Z~109 until the regular meeting of August 10, 1964. Councilman Kanel addressed the Mayor, requesting that the City Council members follow parlimentary procedure in making motions, with specific reference to securin~ seconds to the motions prior to discussion. Councilman Gorzeman inquired concerning the reason for the applicant requesting continuance of this zone change. The City Attorney recommended that the City Council consider taking action on this zone change inasmuch as public hearin~ continuance can be confusing to adjacent property owners. Following discussion, Councilman Kanel made a motion to amend the previous motion of Councilman McCarney, to notify the applicants Mr. Sherman Whirmore, that the City Council will take action on Zone Chan[e No. Z-109 at the next City Council meeting of August 10, 1964. The motion was seconded by Councilman McCarney~ and the following roll call vote was taken on this amendment: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright The following roll call vote was taken on the original motion to continue this Zone Change until the regular meeting of August 10, 1964: AYES: 4 COUNCILMEN: Gorzeman, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright <anel, McCarney, and Noe July 27, 1964 PUBLIC HEARING RE: VARIANCE NO. V-192 APPEALED BY WILLIAM DEVELOPMENT COMPANY: The Mayor announced this was the tlme and place to consider an' a'ppeal requested by William Development Corporation of the decision of the Cypress Planning Commission on Variance No. V-192 to allow the recordation of residential subdivision corner lots with areas less that 6,500 square feet in an R-1 (One-family Residential) zone on lots 35,60, and 62 of proposed Tract No. 5553, requested by William Development Corporation~ 8670 Wilshire Blvd., Beverly Hills, California. The City Manager read in full a communication dated July 6, 1964, from the William Development Corporation appealing the Planning Commission's decision on the grounds that additional information is available which was not presented at the Planning Commission meeting. The City Manager also pointed out that the staff had recommended approval of Variance No. V-192. The Mayor declared the public hearin~ open and asked if anyone in the audience wished to speak [~r or against the proposed Variance. Mr. Lee Goldin, representing the William Development Corporation, addressed the Council, speaking in favor of the Variance. Mr. Goldin outlined the reasons for the requested Variance, and stated that his Company has no objection to the widening of Shirl Street to 60 feet. There being no oral protests and no written communications, the Mayor declared the public hearing closed. Councilman Gorzeman inquired concerning the Planning Commission's reasons for denial of the Variance. The Secretary of the Planning Commission ad~ieed the Council that the Planning Commission did not want to approve substandard lots in the subject proposed tract. Followin~ discussion, it was moved by Councilman Kanel, seconded by Councilmat, McCarney, and unanimously carried, to ~rant Variance No. V-192. The following Poll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright PUBLIC HEARING RE: AMENDMENT TO STREETS AND HIGHWAYS ELEMENT OF MASTER PLAN: The Mayor announced this wan the tfme and place to consider a pr'o~ose'~ 'amendment to the Streets and Highways Element of the General Plan of the City of Cypress, chan~in~ Bloomfield Street from a primary highway to a secondary highway. The City Manager explained that this amendment was recommended in order to conform to the street standards of the surrounding jurisdictions~ all of which have designated Bloomfield Street as a secondary highway. The Mayor declared the public hearin~ open and asked if anyone in the audience wished to speak for or a~ainst the proposed amendment. There being no oral protests and no written communications, the Mayor declared the public hearing closed. It was moved by CounCilman McCarney, seconded by Council Gorzeman, and unanimously carried, the followin~ Resolution be adopted~ title as follows: RESOLUTION NO. 500 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE STREETS AND HIGHWAYS ELEMENT OF THE GENERAL PLAN OF THE CITY OF CYPRESS, DESIGNATING BLOOMFIELD STREET AS A SECONDARY HIGHWAY. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright July 27~ 1964 COMMUNICATION FROM ORANGE COUNTY ASSOCIATION FOR RETARDED CHILDREN RE: SOLICITATION PROGRAM: The City Manager presented a communfcation dated July 10, 1964, from the Orsmge ~ounty Association for Retarded Children, requesting permission to solicit benefit tickets in the City by telephone. It was moved by Councilman McCaPney~ seconded by Councilman Kanel, and unanimously carried, to grant the request of the Orange County Association for Retarded Children~ waiving any fees which may be required. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF OWNERSHIP FOR WAL-BAR, INC: The City Manager presented a communicalion from the Alcoholic Beverage Control Board notifying the City of a transfer of ownership from the individual Walter W. Parks to Wal-Bar, Inc., for the on-sale beer estab- lishment at 10461 Denni Street. It was moved by Councilman McCarney~ seconded by Councilman Gorzeman~ and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY BOUNDARY COMMISSION RE: BUENA PARK WALKER STREET ANNEXATION NO. 6: The City Manager presented a communication dated JUly "20, 1964, from the Orange County Boundary Commission, notifyinR the City of a proposed Buena Park Annexation known as Walker Street Annexation No. 6. The annexation is located north of Crescent, extendin? north with a 30-foot strip along the Orange County Flood Control District channel approximately 700 feet, then westerly with a 99-foot strip to the west side of Walker Street. The City Manager pointed out that the annexation is peculiar in shape, and his only objection is that it crosses Walker Street ~ creating a jurisdiction problem. Following discussion concerning the purpose for this annexation, it was moved by Councilman Kanel~ seconded by Councilman Gorzeman ~ and unanimously carried, to authorize the City Manager to either protest or receive and file this communication based on the findinR of further investigation. TENTATIVE TRACT MAP NO. 5553; LARWIN COMPANY: The City ManaRer presented Tentative Tract Map No. 5553~ located on the west side of Valley View, south of the Pacific Electric Railroad Tracks~ 17.7 acres~ 91 lots~ as requested by the Larwin Company, 8670 Wilshire Blvd., Beverly Hills, California. The City Manager indicated that the LaPwin Company had reported a solution to the Drainage District 2-A problems, which had previously delayed action in the processing ef all tentative tract maps in DPalnage District 2-A. Mr. Lee Goldin, representing the Larwin Company, addressed the CounCil, statin? that his Company has submitted an agreement to the City concerning Drainage District 2-A. Mr. Goldin further stated that his company has a verbal agreement with the Grant Company concerning solution to the problems in This Drainage District. Mr. Richard Owsn, representing Stardust Lands, Inc., addressed the Council, stating that his Company and the Larwin Company are in agreement, and the problems in Drainage District 2-A will be solved. Councilman McCarney inquired concerning the possibility of the staff preparing a cost estimate for an interim solution to the drainage problems in this district, in order to prevent any flooding during the next rainy season. He stated that since the permanent facilities to be constructed in Drainage District 2-A will take from 6 to 8 months for completion, he feels some interim solution should be provided. Discussion was held concerning the possibility of requiring the LaPwin Company to provide a temporary drainage solution. Mr. Pete Van Ruiten, 9432 Bloomfield Avenue, Cypress, addressed the Council, askinZ questions concerning the timing for construction 6f a drainage channel for the property north of Orange Avenue. July 27, 1964 Following discussion, it was moved by Councilman Gorzemen, seconded by Councilman Kanel, and unanimously carried, to approve Tentative Tract Map No. 5553 subject to the followin~ conditions: A six-foot block wall fence shall be installed along the Pacific Electric right-of-way and along all property adjacent to Valley View, except in the required front yards it may be reduced to 3 1/2 feet. 2. All vehicular access riZhts on Valley View shall be didicated to the City. 3. The name of Neu Street shall be changed to some other name due to the similarity between Newman and Neu. Shirl Street shall be widened to 60 feet. This will provide fop additional width on the parkway and the pavement width shall be increased by four feet. 5. Minimum improvements on Newman Street shall provide for the curb, gutters, sidewalk~ and 28 feet of pavement. 6. Water shall be provided by the City of Cypress. 7. A ten-foot drainage easement shall be provided adjacent to the Pacific Electric Railroad right-of-way. 8. All drainage~ on-site and off-site, shall be approved by the City Engineer, and all drainage fees shall be paid. The storm drain structure for off-site drainage shall be constructed from the railroad right-of-way to Walker Street. The exact design of the structure shall be determined by the City Engineer. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 CO[~CILMEN: Gorzeman, Kanel~ McCarney, and Noe None Wright TENTATIVE TRACT MAP NO. 5558; ROBERT H. GRANT AND COMPANY: The City Manager presented Tentative Tract Map No. 5'558~ located on the west side of Moody~ 1300' north of Orange Avenue~ 10.8 acres, 50 lots, as requested by Robert H. Grant and Company, 1665 South Brookhurst~ Anaheim, California. It was moved by Councilman Gorzeman~ seconded by Councilman Kanel~ and unanimously carried~ to approve Tentative Tract Map No.5558 subject to the following conditions: 1. A 6' chain link fence be installed along the south boundary of the tract. 2. A 6' block wall fence shall be installed along the west and east boundaries of the tract. A 6' redwood fence be installed along the north boundary of the tract unless development occurs to the north before issuance of the CePtificates of Occupancy. The centerline of "A" Street shall coincide with the street on the east side of Moody. 5. All streets shall be a minimum of 60t in width. 6. Water shall be provided by the City of Cypress unless the water ordinance is repealed. 7. All drainage fees shall be paid and all drainage shall be to the satisfaction of the City Engineer. July 27, 1964 The following roll call vote was taken: AYES: NOES: ABSENT: COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe COUNCILMEN: None COUNCILMEN: Wright TENTATIVE TRACT MAP N0. 5372; LARWIN COMPANY: The City Manager presented Tentative Tract Map No. 5372g located on the south side of Ball, between Denni and Moody, north of the Flood Control Channel, 26 acresg 250 condominium lots, as requested by the Larwin Company, 8670 Wilshire Blvd., Beverly Hillst California. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to approve Tentative Tract Map No. 5372 subject to the following conditions: 1. The location of all fire hydrants be approved by the fire department. 2. A 6' block wall fence be installed along the east boundary of the tract and that a curb and gutter be installed at the end of Belle Avenue. All Alleys, private drives, and access to carports be approved with a minimum of 2" asphaltic concrete over 4" of base and curbs or valley gutters be constructed as required by the City Engineer. Drainage shall be provided to the satisfaction of the City Engineer and all drainage fees shall be paid. An agreement regardi~ the construction of drainage facilities in Drainage District 2-A shall be executed prior to the issuance of Certificates of Occupancy. 6. All street plans shall be subject to the approval of the City EnRineer. 7. Water shall be provided by the City of Cypress unless the water ordinance is repealed.' 8. Street lights shall be located as approved by the staff. Two pools shall be constructed with a minimum size of 1200 sq. feet. per pool plus wading pools to provide for a total of 3200 sq. ft. 10. Two clubhouses shall be erected, one at the site of each pool, the design and size of the facilities shall be approved by the staff. 11. Carports shall be permitted in lieu of garages provided that no units shall look directly into carports. The following roll call vote was taken: AYES: ~ COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright TENTATIVE TRACT MAP NO. 5565; ROBERT H. GRANT AND COMPANY: The City Manager presented Tentative Tract Map No. 5565, located on the north side of Orange Avenue, approximately 680 feet west of Moody Streetg 15 acres, 75 R-1 lots, as requested by Robert H. Grant and Company, 1665 South Brookhurst Street~ Anaheim, California. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve Tentative Tract Map No. 5565 subject to the following conditions: 1. That a six foot chain link fence be installed along the west boundary of the tract. 2. That a six foot block wall fence be installed on Orange Avenue except in the required front year, where it may be decreased to 42". 3. A 10' drainage easement shall be provided along the east boundary of lots 10 and 11. July 27, 1964 4. Drainage shall be provided to the satisfaction of the City Engineer and all drainage fees shall be paid. Ethel Street shall be widened to 60' unless engineering data determines that it cannot be wider than 56 feet, at the determination of the City Engineer. 6. Vehicular access rights on Orange Ave. be dedicated to the City. 7. Water shall be provided by the City of Cypress unless the water ordinance is repealed. The following roll call vote was t~ken: AYES: 4 COUNCILF~N: NNES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, ~4cCarney, and Noe None Wri ght ACCEPTANCE OF 2-A DRAINAGE CHANNEL CONSTRUCTION PROM BALL ROAD TO }DODY: The City Manager presented a communication dated July 8, 1964, from the City Engineer concerning work done by the Twaits-Wittenberg Company on the 2-A Drainage Channel from Ball to Moody. The City Manager explained that this matter had been continued at the last City Council meeting upon the requast of the Twaits-Wittenberg Company. Mr. Gene Kountz, representing the Twaits-Wittenberg Company, addressed the Council, stating that all problems on this matter had been resolved, and requested the City to accept the improvements. Mr. Richard ~qen, representing Robert.tl. Grant and Company, addressed the Council concerning the subject 2-A Drainage Channel, and ~he fact that when the ditch was constructed, it came onto the Grant Company property, creating a problem in erecting their requi~ed block wall along the channel. Mr. Owen indicated that this problem has been solved and the Grant Company has no objection to approval of the 2-A Channel construction. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to approve the 2-A Drainage channel construction from Ball to Moody and instruct the staff to finalize a reimbursement agreement with Twaits-Wittenberg Company for the reimbursable portion of the costs. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright DRAINAGE REIMBURSEMENT AGREEMENT BETWEEN CITY AND LARWIN COMPANY: The City Manager stated that the Larwin Company had presented the City with a drainage reimbursement agreement for Drainage District 2-A. TIle City Attorney requested that consideration of approval of this agreement be continued in order to allow the staff time to review the terms of the agreement. WEED ABATEMENT ASSESSmeNT PROTESTS: A report dated July 23, 1964~ was presented from the City Manager concerning an investigation conducted conce~ing the weed abatement assessment charges protested by Mr. Pete Van Ruiten, Mrs. Ala Mae Cardoza, Mr. John Coelho, Mr. Leo Barotdi, and Mr. Ray Gandola. The report reviewed each of the protests, summarized the weed condition on the parcel, the weed abatement work completed, and the basis for the assessments. Mrs. Ala Mae Cardoza addressed tile Council, asking how many hours were spent discing her property. Mrs. Cardoza was advised by the Public Works Director that the charges are based on the acres disced, not on an hourly basis. Mrs. Cardoza stated that sh~ would have had the work done privately if she had known about it. The City ~anager advised her that in the futnr~, the City will notify each property owner by mail, in addition to the postlng of notices. July 27, 1964 1,35 The City Manager emphasized to the individuals in the audience that the contractor employed by the City for the weed abatement program is a reputable contractor, employed by many other jurisdictions for the same type of work. The City Council then considered each of the protests of the individuals listed above. The following is a summary of the action taken: 1. Mr. Pete Van Ruiten: Protest on Roll No. 49, Weed No. 14 in the amount of $11g.80. Mr. Van Ruiten addressed the Council, requesting that consideration be Riven to his protest on this property. ~e report of the City Manager ~dicated that the acreage actually di~zed was 4 1/2 acres rather than the 9 originally reported. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Corzeman, and unanimously carried~ to reduce the assessment for Mr. Van Ruiten on Roll No. 49, Weed No. 14 to the 4 1/2 acre charge, or ~59.40. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman~ Kanel, McCarney, and Noe None Wright 2. Mrs. Ale Mae Cardoze: Protested by letter property indicated as Roll No. 46, Weed No. 882, in the amount of $158.40. A motion was made by Councilman Kanel to disallow this protest. The motion died for lack of a second. Discussion was held concerning the condition of the property protested by Mr. Cardoza. Mrs. Cardoze addressed the Council, agreeing that the weed abatement work was needed, but emphasized that she was not properly notified of the work to be done. The City Attorne~r reviewed the procedures of weed abatement programs, with reference to pos~nR of notices, etc. ~e City Manager inquired of the City Attorney concerning the advisability of allowing a protest based on the matter of posting of notices. The City Attorney advised that the City Council would be inconsistent if it all~ed an objection due to the postlng procedure. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, not to all~ the protest of Mrs. Cardoze. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCI I2~EN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright 3. Mr. Jphn Coelho: Protested Roll Nos. 47 and 48, Weed N6s. 874 and 873, in the amount of $62.83 and $65.74. Mr. John Coe lho addressed the Council concerning the amount of the assessment for his property, and emphasized that portions of his property have an alkali condition, which prevents heavy growth of weeds. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, not to allow the protest of Mr. Coelho. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCII2~EN: Corzeman, Kanel, McCarney, and Noe None Wright 4. Mr. Leo Baroldi: Protested Roll No. 16, Weed No. 933A, in the amount of $39.60, located on the southeast corner of Valley View and Cerritos, ~e City Manager indicated that although the City Council had previously allowed this protest, based on the facts obtained by ~is investigation he would recommend that the weed abatement charge not be deducted from the weed abatement contractor, but be paid by the City. July 27, 1964 It was moved by Councilman Kanel and seconded by Councilman McCarney to put the charge from Mr. Baroldi's property back on the assessment rolls, h~ever after discussion, both Councilman Kanel and Councilman McCarney withdrew the motion. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried to reconsider Mr. Baroldi's protest on Roll No. 16, Weed No. 933A. Mr. Leo Baroldi addressed the Council, statin~ that he wished to withdraw his protest. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to put the charge for Mr. Baroldi's property back on assessment rolls. The following roll call vote was taken: the AYES: 4 COUNCILMEN: NOES: 0 COUNCIL~N: ABSENT: 1 COUNCIL~E,N: Corzeman, Kanel, McCarney, and Noe None Wright Mr. Baroldi further requested that the weeds in the parkway on Cerritos be disced in tbe near future, as they were creating a fire hazard. The Public Works Director assured ~r. Baroldi that this work would be done. 5. Ray Gandola: Protested Roll No. 44, Weed No. 61 in the amount of ~66.00. The City ~-~anager sta~d that the Council had allowed this protest at the previous City Council meeting and recommended that the charge not be deducted from the weed abatement contractor, but pa~d by the City inasmuch as the City did request the work to be done. A motion was made by Councilman McCarney to accept the recommendation of the City Manager, however Councilman McCarney withdrew his motion. A motion was made by Councilman Kanel, to reconsider the protest of Mr. Gandola, however the motion died for lack of a second. The City Attorney pointed out that ~ere might be some objection ~o reconsidering this matter since Mr. Gandola had considered the protest accepted at the last City Council meeting. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and carried, the City pay the assessment charges for Mr. Gandola's property since the City did request the work to be done. The following roll call vote was taken: AYES: 3 COUNCILMEN: Corzeman, ~cCarney, and Noe NOES: 1 COUNCII2~EN: Kanel ABSENT: 1 CO~CIIJ~EN: Wright Councilman McCarney inquired as to why the property owned by Mr. George Beno north of Orange Between Denni and Bloomfield was not disced. The Public Works Director advised that the property is now owned by the Robert H. Grant Company and they did clean the weeds from the area. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 501 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F CYPRESS CONFIRMING WEED ABATEMENT ASSESSMENTS AND IMPOSINC SPECIAL ASSESSMENT AS LIEN ON PARCELS UITHIN THE CITY OF CYPRESS The foll~¢ing roll call was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIL~ZN: Gorzeman, Kanel, McCarney, and Noe None Wright July 27, 1964 EXPIRATION OF PLANNING COMMISSIONER TERMS: A report dated July 23, 1964, was presented from the City Manager stating that a complete search was made of the City Council min~s regarding the appointments and terms of the Planning Commissioners. The original Planning Commissioner appointments were established to provide for two Planning Commission terms to expire each year~ except one year when there would be only one Commission term expiring. This procedure was later confused due to the fact that several appointments were made on the basis of the date of appointment rather than for the appointment to the unexpired term, which would have kept the original appointments in order. The report further smted that the terms of Commissioners Baroldi, Harvey, and Garcia will expire in the near future and in order to clarify the Planning Commission terms, two of these terms would be for a four-year period expiring on August 5, 1968, and one term for three years, expiring on August 5, 1967. Mayor Noe stated that he had been reviewing this matter, and on September 12, 1960, the Counci 1 appointed two Planning Commissioners for a term of four years. ~iayor Noe recommended that in order to keep the records clear, two appointments be made in September of this year to expire in the month of August and further recommended the appointment of Mr. Robert Harvey for a four year term to expire in August of 1968. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimous ly carried to approve the appointment of Mr. Robert Harvey, 4381 Nestle Avenue, Cypress, to the Planning Commission for a four year term to expire on August 5, 1968, and further to approve the recommendation that two appointments be made in ~eptember of this year. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCIL~N: ABSENT: 1 COU~CILMEN: Corzeman, Kanel, McCarney, and Noe N one Wright RESIDENTIAL PARKWAY TREE MAINTENANCE POLICY: A report dated July 23s 1964, was presented from the City Manager setting forth various policies for the residential parkway tree maintenance in the City. Discussion was held concerning the policy recommendation that the City replace dead trees under a permit system, requiring the property owner to pay a fee, with specific reference to property owners not desiring a parkway tree. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unm~imously carried, to continue consideration 6f the Residential Parkway Tree Maintenance Policy until the regular meeting of August 10, 1964. The following roll call vote was taken: AYES: 4 COUNCIL~@ZN: NOES: 0 COUNCILMEN: ~tBSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright CODIFICATION OF CITY ORDINANCES: A report dated July 24, 1964, was presented from the City Manager concerning codification of the City Ordinances, and recommending the firm of Michie City Publications Company of Los Angeles for this project. The codes will be printed and bound in a loose-leaf expander type binder, and the City will receive fifty copies of the code book. The cost for this work is estimated at ~4,800. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve the agreement between the City of Cypress and the Michie Publications Company of Los Ange~s for the codification of City Ordinances as outlined in the report of July 24, 1964, and authorize the Mayor to sign and City Clerk to attest the subject agreement upon the approval as to form by the City Attorney. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: AI]SENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright July 27, 1964 CONTROL OF ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES IN C~MERCIAL ZONES OF THE CITY: A report dated July 23, 1964, was presented from the City Manager concerning the City Council~ previous request for an investigation of a method of obtaining stronger controls over establishments selling alcoholic Beverages in commercial zones of the City. After a review of the alternative proposals, it was re commended that all on-sale liquor establishments be required to obtain Conditional Use Permits in all commercial zones of the City, and in order that the City Council will have the final authority on this matter, it was further recommended that Conditional Use Permits for such establishments be required to have both Planning Commission and City Council approval. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to direct the staff to include in the forthcoming Zoning Ordinance Amendments the provision that a conditional use permit be required for establishments selling alcoholic beverages in commercial zones in the City, said permits to be subject to the approval of the City Council. The following roll call vote was taken: AYES: 4 COUNCID{EN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright The City Manager pointed out that a public hearing would be held concerning this matter in the near future. SECOND READING ORDINANCE RE: HOTEL ROOM TAX ORDINANCE: A report dated July 23, 1964, was presented from the City Manager, stating that a survey of the Orange County cities which have taken action on the Hotel Room Iax Ordinance indicates that there is no definite pattern as to establishing a special fund for rcvenues from this ordinance. Since the City 6f Cypress will not be receiving a great amount of revenue from the enactment of this Ordinance, it does not appear feasible to amend the Ordinance to designate the revenue to be used in a special fund. It was moved by Councilman Corzeman, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 212 ORDINANCE OF THE CITY COUNCIL OF TUE CITY OF CYPRESS I.~rPOSING A TAX UPON THE PRIVILACE OF TRANSIENT OCCUPANCY1 AJNDPROVIDING FOR 1lIE COLLECTION THEREOF. The following roll call vote was taken: AYES: 4 COUNCI D~N: NOES: 0 COUNCIL,~N: ABSENT: 1 CO~CIL~N: Corzeman, Kanel, McCarney, and Noe None Wright CANCELLATION OF UNE~{PLOYMENT INSURANCE: A report dated July 23, 1964, was presented from the City Manager stating that the City has provided Unemployment Insurance Coverage for City employees since April 1, 1958. In the budget review for the 1964-65 budget, it was recommended that the City discontinue this insurance since no other city in the State provides this type of insurance and the program is growing more costly with the increased number of personnel. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to direct the City Manager to notify the State Department of Employment that the City of Cypress wishes to discontinue the Unemployment Insurance Program effective January 1, 1965. The following roll call vote was taken: A~ES: 4 COUNCIL~N: NOES: O COUNCII~4EN: ABSENT: 1 COUNCIE{EM: Gorzeman, Kanel, McCarney, and Noe None Wright July 27, 1964 MAINTENANCE SERVICE ON POLICE BUILDING: A report dated July 23, 1964, was presented from the City Manager stating that the City has received a request from Thorough Maintenance Company for an increase in the monthly charge for Janitorial services at the Police Station. The request is based on a year's experience and the fact that the building has received considerable wear during this period of time, which creates a more difficult maintenance problem. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize an increase from $40.00 to $55.00 per month on the contract with Thorough Maintenance Company for the maintenance of the Police building, commencing August 1, 1964. The following roll call vote was taken: AYES; 4 COUNCILMEN NOES: 0 COUNCILMEN ABSENT: 1 COUNCILMEN Gorzeman, Kanel, McCarney, and Noe None Wright AGREEMENT WITH ORANGE COUNTY FOR FIRE PROTECTION SERVICES FOR FISCAL YEAR 1964-65: A report dated July 23, 1964, was presented from the City Manager stating that the City has received an agreement prepared ~y the County of Orange extending the City's agreement with the County for fire protection services for a term commencing July 1, 1964 and ending June 30, 1965. No changes have been made in the existing agreement. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the Mayor to sign and City Cleric to attest the extension agreement for fire protection service in the City of Cypress for the fiscal year ending June 30, 1965. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney~ and Noe None Wright Discussion was held concerning the future possibility of the City establishing a municipal Fire Department. ~e City Manager stated that this matter had been discussed with the County Fire Department, with reference to possibly budgeting for an individual to work as a liaison between the City and the County during the 1965-66 fiscal year. AGREEMENT WITH ORANGE CO~TY FOR SOIL TESTS IND CONSTRUCTION MATERIAL CONTROL: A report dated July 23, 1964, was presented from the City Hanager, stating that the State Division of Highways has adopted more stringent inspection requirements for construction projects on the City's arterial highway streets, and as a result of these requirements, the Orange County Road Department has expanded their facilities for the testing of soil and construction material control, which may be utilized by the various cities. It was moved by Councilman Corzeman, seconded by Councilman ~cCarney, and unanimously carried, to approve an agreement between the City of Cypress and the County of Orange for the use of its Highway Department Laboratory for necessary soil control tests, and authorize the Mayor to sign and City Clerk to attest this agreement. THe following roll call vote was taken: AYES: 4 COUNCIL~N: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILSfEN: Gorzeman, Kanel, McCarney, and Noe None Wright ACCEPTANCE OF BIDS FOR BRIDGE CONSTRUCTION AND SELECTION OF ALTERNATE: A report dated July '23~ 1964, was presented from the City Manager~ stating that the City has received copies of the bid summaries for the construction of bridges on Nalker, Moody, and Denni Streets from the Orange County Flood Control District. Alternate A is for the bridge widening at Walker and Moody Streets to the maximum width. Alternate B includes the construction and bridge widening at Walker and Moody and in addition a~ two-lane bridge on Denni Street. Bid totals are summarized as follows: July 27, 1964 Alternate A Alternate B Fearnwood Construction Company S101,217.50 $152,322.00 John L. Meek Construction Company $116,524,20 $173,996.20 G. P. Vannoy Contractor $117,706.50 $168,520.50 Sully-Miller Contracting Company S121,317.30 $178,266.30 Service Contruction Co. of So. Cal. $127,798.75 B180,825.25 5~cClain Construction Company No Bid S168,601.60 The County has notified the City that Fearnwood Construction Company has requested rejection of their bid, and a ruling from the County Counse 1 to the Flood Control District indicates that the Fearnwood Construction Company's errors of bidding were such that it would be difficult to require the contract award. Due to the rapid development in the area of the Denni Street bridge, the City Manager and Public Works Director recommended withholding any bridge construction in that area until such time as the City is able to cons truct a bridge to its full width. The City Manager also recommended that s]r~e the bids are in excess of the Flood Control District Engineer'~ estimate, the City request the Orange County Flood Control District to increase their share of the bridZe construction project. Following discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to select Alternate A bid proposal and notify the ~range County Flood Control District to accept the low bid of the John L. Meek Construction Company in the amount of $116,524.20, and in addition to direct the City Manager to communicate with the FloOd' Control District Engineer, requesting that the ~arch 5, 19~4 agreement between the Flood Control District and the City of Cypress be amended to provide for an additional $5,000 for bridge construction as the Orange County Flood Control District's share in this project. The following roll call vote was taken: AYES: 4 COUNCILx~EN: NOES: 0 COUNCILMEN: ABSENT: 1 COUN CI LMEN: Gorzeman, Kanel, McCarney, and Noe one r i gh t STATEMENT OF RECEIPTS AND EXPENDITUP. ES~ FISCAL YEAR 1963-64: A report dated July 23, 1964, was presented from the City Manager snmmarizing and transmittinF~ the Statement of Receipts and Expenditures for the fiscal year 1963-64. It was moved by Councilman Corzeman, seconded by Councilman ~cCarney, and unanimously carried, the Statement of Receipts and Expenditures for Fiscal Year 1963-64 be received a~d filed. CERTIFICAT.ION .OF EMPLOY~{!NT LIST FOR TYPIST CLERK: A report dated July 23, 1964, was presented from the City Manager stating that the City has conducted an examination for the position of Typist Clerk. It was moved by Councilman Kanel, seconded by Councilman UcCarney, and unanimonsly carried, to certify the Typist Clerk employment list as submitted. CERTIFICATION OF EMPLOY~INT LIST FOR ADMINISTRATII~ INTERN: A report dated July 23, 1964, was presented from the City ~4anager stating that the City has conducted an examination for the position of Administrative Intern. It was moved by Councilman McCarney, seconded by Councilman Gorzeman ~ and unanimously carried, to certify the Administrative Intern employment list as submitted. MONTHLY ACTIVITY REPORT FOR JL~E~ 1964: It was moved by Councilman ~cCarney, seconded by Councilman Kanel, and unanimously carried, th~ Monthly Activity Report for .June, 1964, be received and filed. July 27, 1964 14.1 APPROVAL OF TE~.~DRARY APPOINT~NT OF POLICE DISPATCHER FOR CYPRESS POLICE DEPARTmeNT: The City Manage r reported that it was necessary to mare a provisional appointment for the position of Dispatcher in the Police Department since the individual appointed at the last City Council meeting was unable to maintain the position. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to instruct the City Clerk, as specified in Ordinance No. 177, to record the fact that the Police Department is authorized to make a provisional appointment for the position of Dispatcher. The following roll call vote was taken: AYES: 4 COUNCI L~/IEN: NOES: 0 COUN CI I~.~EN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCar~ey, and Noe None Wright RECESS: The Mayor declared a five-minute recess at 9:50 p.m. The meeting was called back to order at 9:55 p.m., all City Councilmen being present, with the exception of Councilman Wright. FIRST READING OF ORDINANCE AMENDING ORDININCE NO. 26 RE: PLANNING COMMISSIONERS: The City Attorney presented an Ordinance prepared at the request of the City Council concerning the duties and terms of Planning Commissioners. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and m~animously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDI~NANCE OF THE C~TY OF CYPPdSS ~MENDING ORDINANCE NO. 26, PROVIDING FOR ~{E CREATION OF ~tE PLkNNING COMMISSION, DEFINING THE DUTIES OF SUOl C~ISSION, AND DECLARING THE NECESSITY OF SUCH COMMISSION. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIIMEN: Gorzeman, Kanel, VicCarney, and Noe None Wright ORDINANCE AMENDING ORDINANCE NO. 77 RE: DELETION OF REQUIREMENT OF CERTAIN LABOR AND MATERIALS BCNDS: The City Manager stated that since the first reading of an Ordinance repealing Ordinance No. 209 and Amending Ordinance No. 77 concerning the deletion of the requirement of certain labor and materials bonds, there is some question as to whether or not this Ordinance would be in conflict with State law, and recommended that adoption of this Ordinance be continued unitl further study by the City Attorney is completed. It was moved by Councilman Gorzeman, seconded by Councilman ~IcCarney, and unanimously carried, to continue consideration of the second readinF~ of the shbject Ordinance until the regular meeting of August 10, 1964. CONSIDERATION OF SECC~qD READING OF ORDINANCE RE: ZONE O~ANGE NO. Z-Ill (CORZE?.~AN AND BR~]): COUNCII24AN CORZEMAN REQUESTED PERMISSION TO BE EXCUSED FROM HIS CHAIR ON THE PODIU~Y Mrs. Bernice Brown, 1134 West Greendale Street, W. C~z~,addressed the Council, and read a letter from herself and ~r. Edwin Prank Brown, dated July 27~ 1964, recommending approval of Zone Change No. Z-111. A copy of this conmunication is on file in the ~ffice of the City Clerk. Mr. Carl de Pi~tro, 10301 Sande Street, Cypress, addressed the Council, stating that there are no parks in the vicinity of the requested zone change. !Ie further stated that if granting this zone change would jeopardize the Park District from obtaining land in the subject area, he would recor~nend the City Council take this into consideration. July 27, 1964 The City Attorney advised the Council not to place itself in a position of jeopardy with respect to its activities concerning this Zone Change, stating that the law clearly indicates that the Council cannot grant or deny zoning requests based on what other governmental agencies want to do with the property, such as the Park Dtstrictlin this case. Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council, stating that the subject of parks should not enter into consideration of this zone change, but that it s~ould only be considered on the merits of whether or not it is in the best interest of the citizens of Cypress. Mr. Richard Owen, representing the Robert H. Grant Company, addressed the Council, referring to maps prepared by his Company showing the use of the property in the area adjacent to the requested zone change. Mr.~en stated that as owner of the property on the northwest corner of Ball and Walker, across from the subject zone change, he is in favor of the proposed use since it will create "buying power" for the proposed commercial area on his property. Yr. Owen read a communication from the Grant Company's leasing agent concerning this area. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, speaking in favor of the proposed change of zone. Councilman Kanel stated that he has desired continuation of the zone change in order that he could gain more information concerning condominiums as proposed in the subject area. Following discussion, it was moved by Councilman McCarney, and seconded by Mayor Noe to adopt the following Ordinance, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINA~EE NO. 90, TttE ZONING ORDINANCE~ BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY FROM R-1 (ONE-FMAILY RESIDENTIAL) TO PD (PLANNED DEVELOPSlENT) ZONE CtlANGE NO. Z-111 (PETER D. AND B~RBARA ANN GORZEMAN AND EDWIN FRANK AND BERNICE ~C KELL BRC~N) Prior to voting on this motion, Councilman Kanel made a substitute motion to continue the second reading of this Ordinance until the next regular City Council meeting. The substitute motion died for lack of a second. The following roll call vote was taken on Councilman McCarney's motion for adoption of the above Ordinance: AYES: 2 COUNCILMEN: NOES: 1 COUNCIIJ{EN: ABSENT: 2 COUNCID~N: McCarney and Noe Kane 1 Corzeman, and Wright Due to the fact that a majority of the City Councilmen, which constitutes three members, did not vote in the affirmative, the motion failed to carry. The City Attorney stated that this matter would automatically be reconsidered at the uext City Council meeting. Councilman Kanel inquired concerning an action taken by the City Council at a previous meeting concerning rezoning a parcel of land by means of an emergency ordinance. The City Attorney ad~z~sed that there was no problem in this case since the purpose of the ordinance was not to freeze the land use for the purpose of acquisition by another public agency. COUNCIL}TAN GORZE~.DMN RETUP~NED TO HIS CHAIR ON THE PODIU'~ Councilman Oorzeman inqui red if there was a time limit as to the number of times the second reading of the subject ordinance could be considered. The City Attorney advised him that there was no timelimit. Discussion was held concerning the status of the Park [)istrict~s desire to locate a park on a portion of the subject property. ~r. Paul Caruso, agent for the proposed developer, addressed the Council, stating that it would be the policy of the developer not to negotiate for sale of a portion of the land until the zoning was obtained. July 27, 1964 '~r. Richard ~wen, representing the Robert H. Crant Company, addressed the Council, requesting the City Attorney to render an opinion regarding whether this could be considered a case of "inverse condemmation" and whether or not there is a State law making Councilmen or officials of the City personally liable when they knowingly do something that is illegal or causes a financial burden upon the conm~unity and they have been advised that these are the facts, Councilman John Kanel objected to peraons in the audience requesting a ruling from the City Attorney, who is responsible to the City Council, Councilman Gorzems~ requested that for his information he would like the City Attorney to answer the questions submitted by Mr. Ow~n. City Attom~ey It. Rodger Itowell advised that from the information he has there is a liability on the part of Councilmen a~d recent decisions more clearly spell o~t the obligation of the City Council as a trustee of the public interest. If a Councilman Rnowingly acts in bad faith on a matter before the City Council, a personal suit can be brought against him and the normal legislative immunity will not protect him, The City Attorney further advised taht in his opinion a City may by its conduct inversely condenm property rights, for which compensation must be paid. SECOND READING ORDINANCE RE: ZONE CHANGE NO, Z-l13 ~VON ESSEN~ MC COY~ AND ALLEN): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance by adopted, title as follows: ORDINANCE NO. 213 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ~ENDING ORDINANCE NO, 90, THE ZONING ORDINANCE, BY CEANGIN~. TIlE ZONE OF A CERTAIN P~RCEL OF LAND WITHIN ]]IE CITY FROM R-3 (}.~JLTIPIE-FA~ILY RESIDENTIAL) TO C-1 (NEIGItBORtIOOD STORES) ZONE CttANGE NO, Z-113 (YON ESSEN, ME COY~ AND ALLEN) The following roll call vote was taken: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL~ZN: Gorzeman, Kanel, ~[cCarney, and Noe COIrNCIL~[EN:'None COUNCILMEN: Wright SECOND READING ORDINANCE RE:. ZONE CHANGE NO. Z-115 (L~RENCE DEVELOPmeNT COMPANY): It was moved by Councilman McCarney, seconded by Councilman Kanel~ and unanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 214 AN ORDINANCE OF THE CITY COUNCIL OF CITY OF CYPRESS A~NDING ORDINANCE NO. 90, TttE ZONING ORDINANCE BY CIL~NGING THE ZONE OF A CERTAIN PARCEL OF L~ND WI~]IIN ]]IE CITY 17ROM R-1 (ONE-F~MTLY RESIDENTIAL) TO C-1 (NEIGHBORflOOD STORES) ZONE CttANCE NO. Z-115 (LAWRENCE DEVeLOPmeNT COMPANY) The following roll call vote was taken: AYES: 4 COL~CI UI~EN: NOES: 0 COUNCIDrEN: ABSENT: 1 COUNCILMEN: Oorzeman, Kanel, ~{cCarney, and ~oe None Wright BECOND-RgAD~NG-eRDtN~N~-Rg~-.~E~N~-~{ANGE NO. Z-l16 (LARWIN FUND)| It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and tinanimously carried, the following Ordinance be adopted, title as follows: ORDINANCE NO. 215 .~N ORDINANCE OF TIlE CITY COUNCIL OF THE CITY ~F CYPRESS ~MENDING ORDINANCE NO. 90, TIlE ZONING ORDINAjqCE BY CIIANGING THE ZONE OF A CERTAIN PARCEL OF LA~ND WITHIN CITY FROM R-I (C~E-FAMILY ~ESIDENTIAL) TO C-~ (CO~rEPlClAL OFFICE) ZONE f~{~J~OE NO. Z-116 (LARWIN FLr~D) The following roll call vote was taken: AYES: 4 COUN CI LMEN: NOES: 0 COUNCI L~IN: AB ~ENT: 1 COUN CI D~N: Gorzeman, Kanel, ~-~cCarney, and ~Yoe None Wri gh t July 27, 1964 RESOLUTION ALLOWING CLAIMS 7~ND DEMANDS NOS. 9348 TIIRU 9392 (PAYROLL): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESnLUTION NO. 502 A RESOLUTIC~N OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 9348 TMRU 9392 The following roll call vote was taken: AYES: 4 COID~CILMEN: NOES: 0 COUNCID~N: ABSENT: 1 COUNCIL~N: Corzeman, Kanel, McCarney, and Noe N on e Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 9393 ~-IRU 9425 {COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, titl~ as follows: RESOLUTION NO. 503 A RESOLUTION OF THE CITY OF CYPPdESS ALLOWING CERTAIN CLAIMS AND DE~L~NDS NOS. 9393 THRU 9425 The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCIL~N: C~orzeman, Kanel, UcCarney, and Noe None W ri gh t APPROVAL OF ABSENCE OF COUNCILMkN W~IGHT FROM CITY COUNCIL MEETINGS: It was moved by Councilman Gorzeman, seconded by Councilman '{cCarney, and unanimously carried, to approve the absence of Councilman Mark L. Wright during the term of his present illness. ORAL CO~MUNICATI~]S: Mr. Robert Doerr, 5207 Cumberland Drive, Cypress, addressed the Council, stating that he feels Councilman Gorzeman should excuse himse If from the platform and sit in the audience during the time his zone change is considered. Co~mcilman Gorzeman stated that he has excused himself from his posi[i~ as Councilman, although be has not physically left the podium, and requested the City Attorney to adviS~ him concerning this matter. The City Attorney stated thet the only requirement of a Planning Commissioner or Councilman who is direct ly involved in an action is that he excuse himself from voting. The City Attorney further stated that the policy on this question should be decided by the members of the City Council. Mr. Robert Harvey, 4381 Nestle Avenue, Cypress, addressed the Council, expressing his thanks to the City Council for reappointing him to the Cypress Planning Cormnission, and stated that he would do his best in this position. ADJOURNmeNT: The~e being no further business to come before th~ City Council, the Mayor declared the meeting adjourned at the hour of 10:42 p.m. ATTEST: CITY CLERK July 27, 1964