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HomeMy WebLinkAboutMinutes 65-02-08MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD February 8, 1965 The Cypress City Council held a regular meeting on February 8, 1965, in the City Council Chambers~ 5311 Orange Avenue~ Cypress, California, at 7:30 p.m., Mayor Frank P. Nee presiding. PRESENT: Gorzeman, Kanel, McCarney, Wright, and Nee ABSENT: None Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Secretary of the Planning Commission Darrell Dalton; Public Works Director Harold Neu; Police Chief O. C. Foster; Building Superintendent Thomas Nudson; and Assistant Planner George Putnam, I UTES: It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to approve the 38_nuary 25, 1965 City Council minutes with the following corrections: On page 1, the motion under Oral Communications, the word "storage" should be changed to "office", and on Page 4, the motion to adopt Ordinance No. 242, the word "unanimous" should be deleted. ORAL COMMUN.ICATIO~,S: There were no oral communications at this time. A.WARD OF Cp~TRAC% FOR PURCHASE OF THREE POLICE V~tlICLES: A report dated February 4, 1965, was presented from the City Manager, stating that the following bids were opened by the City Clerk for three Police Vehicles on Monday, February 1, 1965 at 10:00 a.m. NAME OF BIDDER TOTAL BID FOR ,,. THRS.$ vE.nXCLES A1 Roberts Chrysler- $ Plymouth 10080 Garden Grove Blvd. Garden Grove (Plymouth Vehicles) TRADE-IN ,ALLOWA CS TOTAL LESS %RADE-IN 7,298.31 $ 2,750,00 $ 4,548.31 Dave Shenk Dodge, Inc. 644 South Greenleaf Avenue Whittier (Dodge Vehicles) 7,446.00 3,150.00 4,296.00 McPeek Plymouth Center 1200 So. Anaheim Blvd. Anaheim (Plymouth Vehicles) 7,176.00 2,100.00 5,076.00 Smith Motor Company 12801 Brookhurst Garden Grove (Ford Vehicles) 7,035.24 1,450.00 5,585.24 The low bid submitted by Dave Shenk Dodge, Inc. requested an exception for the ll9-inch wheel base set forth in the specifications. The Polide Chief has indicated that the City should maintain the ll9-incb wheel base to provide for more stable driving conditions. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to accept the bid from A1 Robert Chrysler Plymouth as the lowest and best bid and authorize the awarding of the nontract in the amount of $4~548.31 including trade-in for~he purchase of three Police VehiCles to A1 Roberrs Chrysler Ptymouth~ 10080 Garden Grove Boulevard, Garden Grove. The following roll call vote was taken: AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, None None and Nee February 8, 1965 PUBLIC tIEARING RE: AMENDMENTS TO ZONING ORDINANCE NO. 90: The Mayor announced this was the time and place tof~onSider amendments to Zoning Ordinance No. 90. The City Manager presented Resolution No. 235 of the Planning Commission, recommending approval of the proposed amendments. He further advised that the amendments were necessary to clarify existing conflicts in the Zoning Ordinance prior to codification of the City Ordinances. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed amendments. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE It was moved by Councilman Wright, seconded by Councilman Kanel, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-125 (LOUIS STRUIKMAN): The Mayor announced this wasthe time and place to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone from R-4 (High Density Multiple-Family Residential) to R-1 (One-family Residential) on property generally located 660' south of Lincoln Avenue on the east side of Moody Street, requested by Louis Struikman, 13841Artesia Boulevard, Dairy Valley, California, known as Zone Change No. Z-125. The City Manager presented Planning Commission Resolution No. 234, recommending denial of the subject zone change having determined that due to the loss of a large portion of R-4 zoned property in the City due to the Junior College site, the subject property was needed as an R-4 area in order to have a balanced community. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed use. Mr. Louis Struikman, applicant, addressed the Council, speaking in favor of the zone change, stating that if the property were zoned to R-1 it could be developed at an early date. Mry Walter Chaffee, 131Wilshire, Fullerton, Attorney representing Mr. Struikman, addressed the Council, reiterating the reason for Planning Commission denial of this zone change, and stating that R-4 property is not developing rapidly at the p~esent time. Mr. Chaffee stated that the area surrounding the requested zone change would be considerably improved if the requested R-1 development were allowed, and further stated that the adjacent Catholic Church has made a commitment with the property owner to pay a portion of the cost of the street. Mr. Chaffee stated that he feels the schools would prefer R-1 to R-4 zoning, and also stated that there is a market and need for R-1 property at this time. Mr. Sam Wilcox, 9041 Moody Street, Cypress, addressed the Council, stating that he is in agreement with the Planning Commission's recommendation for denial of the subject zone change. Mr. Wilcox stated that he invested in the area on the basis of the R-4 zoning, and urged the City Council to maintain the Master Plan's recommended zoning of R-4 in the subject area. In answer to a question from Councilman Kanel, Mr. Wilcox stated that he owned property near the subject zone change and wanted to develop his property. February 8, 1965 The City Manager explained that provisions had been made for a street in the subject area under an R-4 development plan; however, the area would have to be reanalyzed at such time as a change is made in the proposed development of the area. General discussion was held concerning the loss of R-4 zoning in the City due to the location of the Junior College site in Cypress. The Secretary of the Planning Commission outlined On the map the areas under consideration for R-4 zoning as a result of the Junior College location, and furtherindicated that these changes would result in maintaining the population densities provided for in the Master Plan. In answer to a question from Councilman Kanel, the City Manager advised that the traffic in the area would be heavier for an R-4 use than for an R-1 use. There being no further oral protests, and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Coundlman Wright, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 252 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 FROM R-4 (H~H DENSITY MULTIPLE FAMILY) TO R-1 (ONE FAMILY RE, SIDENTIAL) ZONE CHANGE NO. Z-125 Councilman Kanel suggested the possibility of continuing this matter for further study. The City Attorney advised that if the purpose of possible continuation was to consider additional information, the Public Hearing should be reopened. It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, the Public Hearing for Zone Change No. Z125 be reopened. It was moved by Councilman Kanel and seconded by Councilman Gorze~an, to continue the public hearing for Zone Change No. Z-125 until the regular meeting of March 8, 1965, for further studies by the staff. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman and Kanel McCarney, Wright, and Noe None Mr. Walter Chaffee again addressed the Council, stating that when Mr. Struikamn purchased the property it was in an agricultural zone, and now the R-4 zoning has presented development problems for Mr. Struikman. Mr. Donald Cox, 10358 Artesia, Bellflower, addressed the Council, stating that he had been contacted by Rev. Caslin of the Catholic Church, who is anxious to see the property develop, as they have been having problems without the street improvement. Mr. Sam Wilcox, Moody Street, again addressed the Council, stating that he would also like to see the area cleaned up, but he feels the Council should take into consideration its denial of a previous zone change for the same property to R-1 under ~fferent ownership at that time. The City Attorney advised the Council that the statement that the property was purchased with a particular use in mind does not entitle the property owner the right to develop that particular use. He further stated that the Council must consider the Master Plan as merely a guide for development and that any exist- ing agreements regarding street development should be disregarded inasmuch as the City would have to determine the ultimate street design for the subject property. The City Attorney further advised that economic considerations in themselves are not a valid basis on which to approve or deny requested zone changes. Councilman Kanel requested that the matter be continued since this zone change request is an additional deviation from the Master Plan recommendations. There being no further oral protests and no written communications, the Mayor declared the Public Hearing closed. February 8, 1965 It was moved by Councilman Wright and seconded by Councilman Kanel to concur with the recommendation of the Planning Commission to deny Zone Change No, Z-125. The motion failed to carry by the following roll call vote: .AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and Wright Gorzeman~ McCarney, and Noe None It was moved by Councilman McCarney and seconded by Councilman Gorzeman to approve the first reading of Ordinance No. 252, granting Zone O~ange No. Z-125. Prior to voting on this motion, Councilman Kanel stated that he feels approval of this Zone Change is wrong as it is not in accordance with the City's Master Plan. Councilman Wright objected to the zone change as not being proper zoning for the area. The following roll call vote was taken on Councilman McCarney's motion to approve the first reading of Ordinance No. 252. AYES: 3 COUNCILMEN: NOES: 2 C~UNCILMEN| ABSENT: 0 COL~CILMEN: Gorzeman, McCarney, and Noe Kenel and Wright None PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION, .D.E..C..IS~pN ON CONpITIONA~ .U.SE PERMIT NO. C-177: The Mayor announced this was the time and place for the Public Hearing to consider an appeal requested by Paul W. Christenson, 4616 Greenmeadow Road, Long Beach; Henry Neisht, 4114 Lincoln Avenue, Cypress; Antonien F. DeSutter, 9242 Bloomfield, Cypress; John Coelho, 9031 Denni, Cypress; Estate of Mary Souza by Ale Mac Cardoze, 9391 Grindlay, Cypress; Mason A. and Florence E. Boston,lllO First Street, Norco; and Frank and Mary Correia, 9092 So. Denni, Cypress; of the decision of the Cypress Planning Commission on Conditional Use Permit No. C-177 to allow the construction of a drive-in theater and related concession on property generally located at the southeast corner of Lincoln and Bloomfield, requested by Guy 3. Tedesco, 1104 East Marcelle, Compton, and B. W. Wrtght, 3109 Volk Avenue, Long Beach. The City Manager presented a communcation dated January 25, 1965, from Mr. Walter B. Cheffee, transmitting the appeal of the Planning Commission's decision on Conditional Use Permit No. C-177, The City Manager also presented in full the appeal from the above-mentioned individuals. The grounds for filing the~ppeal are as follows: "The Planning Commission failed to properly evaluate the evidence submitte~ and specifically, failed to take into full consideration the drainage problem and traffic problem involved; the fact that the construction of a drive-in theater at said location would adversely affect the value of the property of the undersigned; and the economic consequences of the City of Cypress, in granting said Conditional Use Permit." The City Manager also presented Planning Con~nission Resolution No. 232 which approve Conditional Use Permit No. C-177 subject to 14 conditions. The Mayor declared the Public Hearing open and asked if amyone in the audience wished to speak for or against the appeal. Mr. Richard Owen, representing the Star Dust Lands, Inc., addressed the Council, stated that his Company owns 20 acres immediately south of the subject property, and they are not in favor of the drive-in theater. Mr, Owen stated that if the Conditional Use Permit is approved by the Council, he would request that Condition No. 11 be amended~D require that all speakers shall be a minimum of 100 feet from all R-1 zoned property, rather than 40 feet as in the present condition. Mr. C~en further stated that his Compeny's engineers had prepared information concerning the drive-in theater which was made available to the property ~ners appealing the decision of the Planning Commission. Mr. Tony DeSutter, 9242 Bloomfield, Cypress, addressed the Council, stating that he owns property directly west of the proposed drive-in theater and is definitely opposed to the variance for a drive-in theater. Mr. DeSutter emphasized the drainage problems, stating that the 90-day time period for construction of the drive-in was not sufficient to resolve the drainage problems of the drive-in theater inasmuch as he understands there will be a difference of 13 feet elevation free the first row of cars to the last row of Cars, ~ebruary 8, 1965 Mr. Walter Chaffee, 131 West Wtlshire, Pullerton, addressed the Council on behalf of the appellants, stating that as indicated by Mr. Richard Owen of Star Dust Lands, Inc., certain information has been made available by Mr, Owen's Company to the appellants~ which included an Economic Study of the Proposed Drive-In, dated December 12, 1964, prepared by Blair and Webb. Mr. Chaffee distributed copies of the report to members of the Council, said report giving a break-down with pictures of various drive-in theaters in the area, whowing a comparison with industrial property relating to taxes produced. With reference to tax revenues received by cities from drive-in theaters, Mr. Chaffee indicated that a good drive-in theater produces approximately $2,500 per year in sales tax. Mr. O~affee emphasized the traffic problem with reference to the curved highway on Bloomfield and the bridge over the flood control ~annel stating that much concentrated traffic would be generated by the drive-in on Lincoln Avenue, State Highway~ and any problems created on this street would have to be coordinated with the State. Mr. Chaffee introduced Mr. Jim Crosby, Civil Engineer from the firm of Voorheis, Trindle & Nelson, who had prepared studies concerning the traffic problem which would be created by the proposed drive-in theater. Mr. Jim Crosby addressed the Council stated that he had prepared a traffic analysis and evaluation of potential traffic problems and presented eight exhibits for Council consideration. Mr. Crosby stated that studies indicate that 75% of the traffic will be generated from the west and 25% from the east. Ihe exhibits presented included such problems as traffic flow from the west, with reference to the problem created by the bridge over the Coyote Creek Channel; traffic flow from the east~ with reference to the problem of adequate spwce for storage of vehicles on Lincoln Avenue; storage of vehicles arriving from the west; existing turning bays on Lincoln Avenue; and exit problems. Mr. Crosby presented to the City Council a copy of a report prepared by him in January 1965, entitled"Engineering Report for Proposed Drive-In Theater~ Southeast Corner of Lincoln Avenue and Bloomfield Street, City of Cypress." In answer to a question from Councilman Gorzeman~ Mr. Crosby indicated that at peak traffic flowi, there would be 60 cars stored on Lincoln between Denni and the entrance to the proposed theater, In answer to a question from Councilman Kanel, Mr. Crosby stated he did not feel that through traffic would be diverted off of Lincoln to other City streets in order to avoid the drive-in theater traffic. Councilman McCarney inquired about the similarity between traffic conditions at the Highway 39 Drive-In Theater in Westminster as compared to the proposed drive-in in Cypress. Mr. Crosby compared the traffic patterns in Westminster. Councilman Gorzeman requested the Police Chief to voice his opinion on the potential traffic problems created by the Drive-In Theater. Police Chief Poster addressed the Council, stating that any type of commercial activity will increase traffic, and that he feels the traffic generated by the drive-in would not be insurmountable. Chief Foster indicated that he feels the traffic making a left-hand turn from Lincoln into the Drive-In would, through the proper timing of traffic signals, be able to enter the drive-in at a faster rate than anticipated in Mr. Crosby's studies. He further stated that exit from the drive-in should not cause a great problem due to the light traffic at that time of night. In answer to a question from Councilman ~{cCarney, Chief Foster indicated that he f~els the traffic problems would be less than those caused by the Los Alamitos Race Track. Mr. Walter Chaffee addressed the Council, stating that various individuals who had signed the appeal were in the audience and perhaps would like to address the Council concerning the matter. Mrs. Mason Boston, addressed the Council, stating that she wsuld like her property changed to R-4 zoning and asked if a~tments built on her property would abut directly against the Drive-In. The Secretary of the Planning Commission advised that they ~uld not. Mrs. Boston also indicated that she has various bus inesses on Lincoln Avenue which she feels would be hurt by the increased traffic flow during the hours of the drive-in theater operation. February 8, 1965 Dr. Paul W. Christenson addressed the Council, stating that he m~ns property across the street from the proposed drive-in theater, and inquired about the conditions required of the dirve-in theater for street improvements in the vicinity. The City Manager indicated that street improvements will have to be installed to the satisfaction of the City Engineer. Dr. Christenson further stated that he feels the drive-in theater should be responsible for improving more of Bloomfield than Just the portion adjacent to their property since the drive-in will be contributing to the traffic problems on Bloomfield. Mayor ~oe inquired if anyone in the audience wished to speak in opposition to the subject appeal. Mr. Ward Wright, 3109 Volk Avenue, Long Beach, addressed the Council as President of the Drive-In Theater Corporation. Mr, Wright inquired of Mr. Jim Crosby as to how much time was spent in preparing his report and who paid for his studies, Mr. Crosby indicated that the Robert H. Grant Company, which is one of Voorheis, Trindle & Nelson's clients, had requested the study and paid for it. ~Ir. Ward Wright stated that a Mr. Ezra Stern, an attorney experienced in motion pictures from Los Angeles, was in the audience and would like to speak on behalf of the drive-in theater. Mr. Ezra Stem addressed the Council, asking the City Council the following questions: (1) Where were the property o~ners when the original notice was sent--there were no objections made at that time? (2) Who contacted the people who signed the appeal for this hearing and what were their reasons? (3) ~qo is paying the legal fees for the representation of the property owners and the reason? Are they being paid by the people who live in the City of Cypress? Was the petition prepared by people living in the City of Cypress? Were there residents of the City of Cypress who went around obtaining signatures from the property owners or was it a resident of some other n~ighboring city? Why should someone other than a resident of the City of Cypress prepare petitions on behalf of people who oxm property for objection to a drive-in theater in this location, Mr. Stern answered Question No. 3 by stating that the property ox.mers are not paying these fees nor were they against the drive-in theater until they were stimulated by people and interests outside of this cor~nunity. }ir. Stern indicated that the allegation was made by the appellants tbat property value would decrease if the drive-in were allowed. He stated that Orange County has already determined that the area in question is poor for industrial development, and further cited examples of property value rising in areas surrounding other drive-in theaters in Los Angeles County. Mr. Stern pointed out that Mr. Van Ruitens owner of the property for the proposed drive-in, also owns 10.14 acres immediately east of the subject property and an additional 18.68 acres immediately to the southwest. He stated he feels Mr. V~n Ruiten would not give permission to the drive-in if it was going to be a detriment to this remaining property. Mr. Stein indicated that the Robert H. Grant Company had attempted to negotiate the purchase of part of Mr. Van Ruiten's land after the original application for rezoning for the drive-in had been made and prior to the appeal that was filed. Mr. Stern further stated that he toured the residential area directly behind the Lincoln Drive-In ~]~eater, and of the 97 homes adjacent to this development, only two were up for sale. With reference to the potential traffic problems created by drive-in theaters, ~r. Stern stated that if the problems were such a detriment to communities~ the State Highway Con~ntssion and the County Traffic Control Board would not permit drive-in theaters to be built. ,~ir. Stem indicated that the subject drive-in ~heater proposes to have a recreational and amusement area for children in order to encourage parents to cor~ early. He further stated that some of the individuals who had signed the petition appealing the decision of the Planning Commission had told him that they have no objections and they were sorry they had signed the petition, and they are not obligated to pay any fees. With reference to the drainage of the proposed drive-in theater, Mr. Stern indicated that ~e The ater corporation has engineers who have worked out the drainage facilities. February 8, 1965 ~Ir. Clarence Hall, Registered Civil Engineer, 840 North Birch, Santa Ana, addressed the Council, stating that he has been employed by the Theater Corporation and has prepared grading plans and run-off studies whiEn ~tll meet the drainage requirements of the City Engineer. Mr. Pete Van Ruiten, 9432 Bloomfield Avenue, Cypress, addressed the Council, indicated that it wasn's until after December that Mr, 0wen of the Grant Company had opposed the plans for this property. Mr. Walter Chaffee again.'addressed the Council, speaking in rebuttal to Mr. Stern's remarks, stating that the appellants feel there are peculiar problems with the subject drive-in because of the bridge. He stated that property vales are going to rise in any area due to population explosion, but he feels it would be a detriment to surrounding areas due to the traffic problems. With reference to Mr. Stern's remark about some of the appellants wishing they had not signed the petitionJ Mr. Chaffee stated that all except one were at the meeting in favor of the appeal~ and they had no ob.~ection to signing the appeal. The Secretary of the Planning Commission Darrell Dalton advised the Council that several of the traffic count figures presented by Mr. Crosby of Voorheis, Trindle & Nelson did not agree with figures he had obtained from traffic counts of the same areas. Mr. Dalton further advised that the drive-in theater as planned had a holding area for 200 cars and the ticket window can process one car in less than 15 seconds. Mr. Crosby again addressed the Council, stating that he agrees with ~r. Dalton's remarks concerning the ticket facilities, but stated that the limiting factor is the left-hand turn movements from Lincoln Avenue. He further stated that he had obtained his information concerning the traffic counts from the Orange County Road Department's records for 196~. City Attorney James Erickson addressed the Council, advising of the following: (1) The City Council should disregard the remarks made by Mr. Van Ruiten concerning ~Ir. Owen~s changing his mind. (2) Evidence regarding the financial stability of the applicant should not be considered by the Council. (3) Evidence regarding development around the drive-ins in this and other areas and uses in the drive-in such as the recreational facilities proposed for the purpose of encouraging early arrivals should be considered. (4) The fact that this was stated to be a poor piece of property for industry is not material--the materialfry is in determining the appropriateness of this particular use in an 1I-C zone and industry is not permitted in an ~.1-C zone, so it shouldn't be compared ~ith the drive-in use. (5) The references to payment of legal fees, engineering fees, and ~e allegations regarding the persons circulating the petitions have very limited materiality to City Council consideration, and the Council should restrict consideration to a determination of what effect this might have on the facts presented by the various parties employed, not on the motives of the parties them se lve s. (6) The traffic studies presented by Mr. Crosby are appropriate for Council consideration, however the Council should review them and evaluate t]~em in view of the statements from the City staff concerning traffic counts and storage problems ~nd the statements from the Police Chief concerning his opinion on the traffic problems which ~uld be created. (7) The Council should be cautioned against giving more materiality to the representations regarding the economic impact of tI~e proposed drive-in theater d~velopment upon the City than is warranted by the scope of the Condition~l Use Permit consideration before it. An economic study was pres epted to the Council comparing the proposed use with an industrial use of the same property. However, t[~e property is now zoned H-C and the appropriate comparison should be between the proposed use ~nd other H-C uses. Furthermore, the study did not consider the admissions tax income to the City from the proposed use, and thus the total economic impact was not considered by the study. February 8, 1965 (8) Mr. DeSutter's mention of a "Variance" was incorrect--the application for the drive-in was in the form of a "Conditional Use Permit." (9) Hr. DeSutter's mention of a 90-day time period in which to complete the drive-in was also incorrect. (10) 'ihe reference to a drainage problem should be considered in view of the drainage problems presented in comparison to other possible H-C zone uses. A brief discussion was held concerning the admission tax to be charged for admission to the drive-in theater. Mr. Walter Chaffee addressed the Council, stated that he has doubts about the legality of the admissions tax, and further stated that the Economic Study referred to by Mr., Ertckson was prepared at the time the property was zoned for Industry as M-1 zoning. In answer to ~lr. Cllaffee's remarks concerning the admissions tax~ the City Attorney acknowledged that there was no direct authority supporting the power of a city to levy such a tax. HoweverI it was his opinion that the City did have the power to levy such a tax. If the City has the power to tax the race track~ it has the power to tax the drive-in theater. Mr. Guy J. Tedesco, applicant for the Dr~ve-In Theater, addressed the Council, stated that many of the comments made at the Public Hearing were in conflictl as some implied that the drive-in would be filled to capacity due to the traffic problems~ and other indicated that there will only be a few people in attendence and the revenue from the admission tax will be small. There being no further oral protests and no further written con~nunications, the Mayor declared the Public Hearing closed. TIle Mayor declared a recess at 10:03 p.m. The meeting was called back to order at 10:09 p,m., all City Councilmen being present. In answer to a question from Councilman Kanel concerning the Staff's recommenda- tio~ regarding the conditions imposed by the Planning Commission, the City ~anager stated that the staff is in agreement with those conditions as approved. Councilman Gorzeman inquired about the Staff's recommendation concerning drainage of tile subject area. ~e Public Works Director stated that the drain- age condition is satisfactory in eliminating drainage problems to adjacent areas. He further stated that he has seen the drainage plans for tile drive-in theater and there is sufficient ~11 to take the water south. The north 200 feet of the drive-in would drain into the Lincoln Avenue storm drain and the remaining area would drain to the south. Councilman Kanel stated that he was going to vote in opposition to the drive-in theate r as he feels it will be a potential loss of sales tax revenue to the City, and he further feels studies should have been made to compare other lt-C uses with the drive-in use. Councilman Gorzeman stated he does not think the drive-in theater would be detrimental since a great amount of revenue will be received from the admissions tax. He further inquired if other cities collect admissions tax from drive-in theaters. ~me City Attorney stated that there are other cities in the State that collect admissions t ax~ however no research has been made concerning the other cities in Orange County which have drive-in theaters. It was moved by Councilman Wright, and seconded by Councilman McCarney, to uphold the decision of the Planning Commission in approval of Conditional Use Permit No. C-177. Prior to voting on this motion, further discussion was held concerning the area surrounding the proposed drive-in theater and concerning the noise caused by the drive-in speakers, With reference to the noise problem the Secretary of the Planning Commission stated that the residents adjacent to the drive-in theater in another city had complained about the noise from the speakers during the day-light hours when the maintenance men at the theater had turned them on, but had not complained about the noise at night. For this reason a condition has been added to Conditional Use Permit No. C-177 that no speakers shall be allowed to be turned on during the daytime. February 8, 1965 In answer to a question from Councilman Kanel, the Secretary of the Planning Commission stated that the homes constructed adjacent to the Lincoln Drive-In Theater had 'been built after the construction of the Theater. Councilman Gorzeman inquired about the possibility of adding a condition to the Conditional Use Permit to provide for the Drive-In Theater to pay for any traffic enforcement officers needed to control traffic. ~r. Ward Wright, President of the The ater Corporation, addressed the Council, stating that he expects to pay for the use of Off-duty Cypress Police Officers as needed to direct traffic. The following roll call vote was taken on Councilman Wrtght's motion to uphold the decision of the Planning Commiss~on in approval of Conditional Use Permit No. C-177. AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, ~IcCarney, Wrigh~s and Noe Kanel None PUBLIC, HEARING RE: , AD.,OF,TION OF ,UNIFORM BUILDING CODE: The :,layor announced this was tbe time and place to consider the a'dop't'ion of an Ordinance adopting the Uniform Building Code, 1964 Edition, Volume I and the 1964 Editions Volume III Standard. The >Iayor declared the public hearing open and asked if anyone in the audience wished to speak for or against the proposed Building Code. There being no oral protests and no written corranunications, the Mayor declared the publid hearing closed. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, the following Ordinance be read by title only~ title as follows: ORDINANCE NO. 245 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ~-IENDING ORDINANCE NO. 126 AND ADOPTING BY REFERENCE THE b~IFOPJ4 BUILDING CODE, 1964 EDITION, VOLUME I AND 1964 EDITION, VOLL~{E III, STANDARD 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: 5 COUNCILMEN: Gorzeman~ Kanel, McCarney~ Wright, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILbIEN: None PUBL.IC IiEARING. RE: ADOFTIg.N pF .NAT, I,ONAL ELECTRICAL CODE: The I~ayor announced this was the time and place to consider the adoption of an Ordinance adopting the National E]mtrical Code, 1962 Edition, as amended. The Mayor declared the Public Nearing open and asked if anyone in the audience wished to spe~k for or against the proposed Electrical Code. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, the following ordinance be read by title only, title as follows: ORDINANCE NO. 246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPP~SS A~ENDING ORDINANCE NO. 117 AND ADOPTING BY REFEPJjNCE THE NATIONAL ELECTRICAL CODE, 1962 EDITION, AS AMENDED February 8, 1965 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried~ this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCIIFLEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNCILMEN: Gorzeman, Kanel~ McCarney, Wright, and Noe None None PUB.LIC HEARING RE: ADOPTION 0F UNIFORM PLUMBING COD.E: The Mayor announced this was the time and place to consider the adoption of an Ordinance adopting the Uniform Plumbing Code~ 1964 Edition, as amended. The City Manager explained that the adoption of these Ordinances~B~ reference was being done to up-date the current Ordinances prior to codification of all of the City's Ordinances. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Plumbing Code, There being no oral protests and no written communications, the Mayor declared the Public }learing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. 247 ~N ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF CYPP£SS AMENDING ORDINANCE NO. 106 AND ADOPTING BY REFERENCE T~E UNIFORM PLU~ING CODE~ 1964 EDITION~ AS AMENDED It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCIL~fiEN: ABSENT: 0 COI~i]CIL~N: Gorzeman~ Kanel, McCarney, Wright, and Noe None None PUp~IC HEARING lIE: ADOPTION OF HEATinG ~p. C0~LFO~T C0OL~G CODE: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of an Ordinance adopting the Uniform Heating and Comfort Cooling Code, 1964 Edition, as amended. 1]~e Mayor declared the Public Hearing open and asked if anyone in ~he audience wished to speak for or against the proposed Heating and Comfort Cooling Code. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as fellows: ORDINANCE NO. 248 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 106 AND ADOPTING BY REFERENCE THE UNIFORM HEATING AND CCMFORT COOLING CODE~ 1964 EDITION, AS ~NDED. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIllIEN: Gorzemans Kanels McCarneys Wright~ None None and Noe February 8, 1965 P.U..B.~IC ~EARING RE: ADOPTION OF FIRE PREVEnt. ION CODE: The Mayor announced this was the time and place to consider the adoption of an Ordinance adopting the Fire Prevention Code, 1960 Edition, of the National Board of Fire Under- writers, as ended. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the proposed Fire Prevention Code. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Wright, seconded by Councilmam Gorzeman, and unanimously carried, the following Ordinance be read by title only~ title as follows: ORDINANCE NO, 249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 59 AND ADOPTING BY REFERENCE THE FIRE PREVENTION CODE, 1960 EDITION, OF THE NATIONAL BOARD OF FIRE UNDERWRITERS, AS AI~ENDED It was moved by Councilman Gorzeman, seconded by Councilman Kanel~ and unanimously carried, this Ordinance pass its first reading by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCIIZ~EN: Gorzeman, Kanel, McCarney, Wright~ and Noe None None PUBLIC HEARING RE: ADOPTION OF U~IFORM TRAFFIC ORDINANCE: The Mayor announced this was the time and place to consider the adoption of an Ordinance adopting the Uniform Traffic Ordinance of the League of California Cities, 1964 Edition, as amended. The Mayer declared the Public Heating open and asked if anyone in the audience wished to speak for or against the proposed Traffic Ordinance. ?here being no oral protests and no written communications, the Mayor declared the Public Hearing cleeed. It was moved by Councilman McCarney, seconded by Councilman Wright~ and unanimously carried~ the following Rasolution be adopted~ title as follows: RESOLUTION NO. 548 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOGNIZING THE LEAGUE OF CALIFORNIA CITIES AS A NATIONALLY RECOGNIZED ORGANIZATION DEVOTED TO ~{E STUDY OF LOCAL IH/NICIPAL GOVERNmeNT AND APPROVING THE 1964 EDITION OF THE UNIFORM TRAFFIC ORDINANCE FOR CALIFORNIA CITIES A~PTED AND PUBLISHED BY THE LEAGUE OF CALIFORNIA CITIES THe following roll call vote was taken: AYES: 5 COUNCII~{EN: NOES: 0 COUNCILMEaN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel~ McCarney, Wright~ and Noe None None It was moved by Councilman Wright, seconded by CounCilman McCarney~ and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO, 250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REGULATING THE USE OF AND TRAFFIC UB1N~HE STREET, SIDEWALKS, AND OTHFA PUBLIC AND PRIVATE PLACES IN THE CITY OF CYPRESS: THE USE~ PARKING AND CONTROL OF VEHICLES THEREON, Ttt REPEALING ORDINANCE NO. 107 tND ALL ORDINANCES ~MENDATORY THEREOF ~ND ADOPTING BY REFEPZNCE, THE 1964 EDITION OF TIlE UNIFO~4 TRAFFIC ORDINt~CE OF THE LEAGUE OF CALIFOP~IIA CITIES, AS AMENDED February 8, 1965 287 It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance pass its first reading. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE BEER AND WINE LICENSE, NATIONAL DRIVE-IN GROCERY: A communication was presented from the ~lcoholic Beverage Control Board, notifying the City of a transfer of ownership from U-Tote'M Market No. 21 to National Drive-In Grocery, for the off-sale beer and wine license at 5961Cerritos Avenue, Cypress. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this communication be received and filed. CO~4UNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: NEW ON-SALE BEER LICENSE GERALD M. LAYER~ 4114 LINCOLN AVENUE: A communication was presented from the Alcohdic Beverage Control Board, notifying the City of a supplemental new on-sale beer license application for Gerald M. Layer, 4114 Lincoln Avenue, Cypress. The Planning Department has indicated that a Conditional Use Permit will be required in order to comply with the Zoning Ordinance. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to direct the City Manager to notify the AlcOholic Beverage Control Board that the application will be required to obtain a Conditional Use Permit. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE BEER AND WINE LICENSE TRANSFER, NATIONAL DRIVE-IN GROCERY: A communication was presented from the Alcoholic Beverage Control Board notifying the City of a transfer of ownership from U-Tote'M Market No. 25 to National Drive-In Grocery, for the off-sale beer and wine license at 4461Cerritos Avenue, Cypress. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL RE: OFF-SALE BEER AND WINE LICENSE TRANSFER~ NATIONAL DRIVE-IN GROCERY: A communication was presented from the Alcoholic Beverage Control Board, notifying the City of a transfer of ownership from U-Tote'M Market No. 33 to National Drive-In Grocery, for the off-sale beer andwine license at 5049 Ball Road, Cypress. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, this communication be received and filed. COMMUNICATION FROM BUENA PARK RECREATION COMMMISSION RE: STATE BORROW PIT SITE FOR REGIONAL PARK: A communication dated January 29, 1965, was presented from Mr. Raymond C. Thomas, Director of Recreation for the City of Buena Park, transmitting a Resolution of the Park and Recreation Commission, requesting consideration of the State Borrow Pit site in the proximity of Highway 39 and Rosecrans Avenue for inclusion in the Master Plan of Regional Parks for Orange County by the Board of Supervisors. A communication was also presented from the City Clerk of the City of Buena Park, transmitting a similar resolution from the Buena Park City Council, and requesting the City Council of Cypress support them in this matter. Councilman Kanel stated that since the Nike Base is much closer to the City of Cypress and is also being considered as a Regional Park Site, he would questio~ the advisability of supporting the Buena Fark's Resolution to request consideration of the State Borrow Pit Site in Buena Park. Following discussion concerning this matter, a motion was made by Councilman Gorzeman to instruct the staff to investigate the merits of the State Borrow Pit in Buena Park as compared to the Nike Site for a Regional Park, however, the motion died for lack of a second. Discussion was also held regarding the abilib] of the Orange County Board of Supervisors to develop the Nike Site for a regional! park and further possibRity that under these circumstances th~ State Borrow Pit site might be desirable. February 8, 1965 It was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of Buena Park's request pending further study on this matter. COMMUNICATION FROM ORANGE RADIOt INC., RE: RADIO STATION IN ORANGE COUNTY: A communication dated January 27, 1965, was presented from James F. Simons, Vice President of Orange!Radio, Inc., requesting the City Council to adopt a Resolution endorsing Orange Radio, Inc.'s application to the Federal Communica- tions Commission for a radio statimin Orange County. Following discussion concerning Re advisability of the City Council adopting a Resolution to promote a private enterprise, it was moved by Councilman Kanel, seconded by Counc]~aan Gorzeman, and unanimously carried, this communication be received and filed. COMMUNICATION FROM ROBERT J. DOERRt RE:r RESIGNATION FROM PLANNING COMMISSION: A communication dated February 5, 1965, was presented from Mr. Robert J. Doerr, tendering his resignation as City Planning Commissioner due to his inability to contribute his time to the position. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to accept the resignation of Robert J. Doerr from the Cypress Planning Commission. It was further moved by Councilman Kanel, seconded by Councilman Wright, and unanimously carried, to send a letter of appreciation to both Mr. Robert Doerr and Mr. Augustine G. Garcia, former Planning Commissioners, commending them for their time and efforts on the Planning Commission. FINAL TRACT MAP NO. 5669, LARWIN COMPANY: A communication dated February 8, 1965, was presented from the City Engineer, recommending approval of Final Tract Map No. 5669, located between Holder Street and Juanita Street, north of the Carbon Creek Channel, 124 R-1 lots, 24.293 acres, as required by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. Following a brief discussion concerning the layout of the alley in the subject tract, it was moved by Councilman Wright, seconded by Councilman McCarney, and unanimously carried, to approve Final Tract Map No. 5669, accept me bonds and agreements for the public improvements, authorize the Mayor and City Clerk to sign the Agreements, and authorize the City Clerk to sign the record map. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ACCEPTANCE OF EASEMENT DEED FROM CYPRESS SCHOOL DISTRICT~ JULIET MORRIS SCHOOL FRONTAGE: A report dated February 4, 1965, was presented from the City Manager, ~tating that the City has received an easement deed from the Cypress School District for Ball Road and Graham Street adJancet to the Juliet Morris School site. It was moved by Councilman McCarney, seconded by Councilman Wright, and unanimously carried, to accept the easement deed submitted by the Cypress School District on Graham and Ball and authorize the City Clerk to transmit the deed to the County for recordation. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ACCEPTANCE OF EASEMENT DEED~ SOUTHEAST CORNER OF VALLEY VIEW AND CERRITOS: A report dated February 4, 1965, was presented from the City Manager, stating that the City has received an easement deed for the street widening at the southeast corner of Cerritos and Valley View submitted by Charles Baroldi~ Irma Baroldi, Rena Baroldi Sierra, Irene Baroldi, Thomas Baroldi, Leo Baroldi, and Leone Ann Baroldi. It was moved b~ Councilman Gorzeman, seconded by Councilman Wright, and unanimously carried, to accept the easement deed for the southeast corner of Valley View and Cerritos and authorize the City Clerk to transmit the deed to the County for recordation. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None ACCEPTANCE O.F EASEMEN~ DEED, .F.RO.~ ~DBERT H..~. GRANT., NO.RZ.H.WE.S.T CORNER. 0F ANp W.A~KER: A report dated February, 4, 1965s was presented from the City Manager, stating that the City has received an easement deed from Robert H. Grant for the right-of-way required for the construction of the traffic signals at the northwest corner of Ball Road and Walker Street. It was moved by Councilman Gorzeman, seconded by Councilman Wright, av~ unanimously carrieds to accept the easement deed from Robert H. Grant and authorize the City Clerk to transmit the deed to the County for recordatton. The followin~ roll call vote was takenz AYES: 5 COUNCILMEN: NOES: 0 COUNCII24EN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanels McCarney, Wright, and No, NOne None ~P,P,Rp, VJ~, OF PLA~,S AND SPE,CIF,IC~TI,ON,S ~OR, T,RAF,,~IC S,,IGNA~, ,;,N,~AI;T~TION ,,AT ~T,T, A~,D WALKER: A report Vas presented from the City Engineer, statin~ that the Plans and SpWcifications for the traffic signal and hiEhway lightin~ system for the intersection of Ball and Walker have been completed by the Public Works Department. The Plans and Specifications call for the return of bids to the office of the City Clerk by March 5, 1965, to be reviewed and presented formally to the City Council at its meeting of Mardh'S, 1965. In answer to a question from Councilman Gorzoman, the City Attorney advised him that he would be able to vote on this matter even though he owned property adjacent to the subject location. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimeusly carried, to approve the Plans and Specifications for the traffic signals and highway safety lighting at Ball Road s,~W~er Street and authorize the City Clerk to advertise for bids. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCII24ENZ ABSENT: 0 COUNCILMEN: Gorzeman, Ken, l, McCarney, Wright, and Noe None None CERTIFICATION OF .RIGhT-OF-WAY ~q 9RANGE ~_..TY; FOR INTE-~g~qT.I.CM OF. }/~L}. AND WALKER: A report was presented from the Public Works Director, stating that dedication has been received to complete right-of-way requirements on the northeast and northwest corners of Ball and Walker for imstallation of the traffic signals. It was moved by Councilman McCarney, seconded by Councilman Gorzemans and unanimously carried, to authorize the City Clerk to certify to Orange eounty that the City has the necessary right-of-way for the installation of the traffic signals as approved by Arterial Highway Financing Project No. 254. The following re11 call vote was taken: AYES: 5 CfFJNCILMEN: NOES: 0 COUNCII24EN= ABSENT: 0 COUNCILMEN: Gorzeman, Ken,i, McCarneys Wright, and No, None None The City Manager informed the Council that bids had been awarded by the City of Buena Parks in cooperation with the City of Cypress, for installation of the traffic signals at Ball & Valley View and Cerritos and Valley View, and stated that the bids were below the engineer's cost estimate. TEMPOI~Y APPOINTMENT OF PUBLIC WORKS I~ECTOR: A report dated Pebruary 4, 1965s was presented from the City Mana~ers stating that due to the resignation of the City's Public Works Inspector, the City has made a temporary appointment of Mr. Richard Cummings to this position, pending establishment of an eligible list for the position. In accordance with the Personnel Ordinance of the City, the Council must enter the name of the temporary appointment in the City Council Minutes. It was moved by Councilman Wright, seconded by Councilman McCarney, and unanimunsly carrieds to record the fact that Mr. Richard S. Cunnings has been appointed as temporary Public Works Inspector, to be effective February 15, 1965. REylEW OF SALES T.A~ REVENUE IN SACRAMENT,q BY ADMINISTRAT.IyE..ABS~ST~NT: A report dated February 4, 1965, was presented from the City Manager, stating that according to provisions of State laws cities are allowed to periodically review the sales tax records of the City which are kept in the Sacr-m~nto office of the State Board of Equalization. February 8, 1965 The report further indicated that the City of Cypress has not completed a review of these records for several years and recournended chat Administrative Assistant Darre11 Dalton be authorized to review these records in conjunction with the forth-comin~ City Henseers' Conference in Sacramnto. In answer to a question from CounCilman Ken, l, the City HanaSer advised chat the only way to get the sales tax records information is to inspect the records in Sacramento. It was moved by Councilman Gorzeman, seconded by Councilman McCarneys and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 549 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFOI~NIA TO DISCLOSE INFORMATION The following roll call vote was taken: AYES: 5 COUNCILI~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and No, No~e None REGIONAL SHOPPING CENTER STUDY ~ROPOSALS: A report dated February 8, 1965, was presented from the City Managers stating that pursuant to the City Council action of January 11, 1965s requests for proposals to analyze the Justification for a Regional Shopping Center in the general area of the Civic Center site were submitted to Economic Research Associates, Los Angeles; Stanford Research Institute, South Pasadena; Larry Smith and Coa=~any, Los Angeles, and Real Estate Research Corporations LOs Angeles. The report further indicated that the firm of Coldwell, Banker & Company had volunteered to make a preliminary study concerning the feasibility of a shopping center in the subject area, said report indicating that there is a need to conduct further studies to determine how large a development could ultimately be supported surrounding the civic center and at other locations in the City. The firms of Larry Smith and Company and Stanford Research Institute were not in a position to submit a proposal ~o the City for the requested study. Proposals have been received from Keonomic Research Associates and Real Estate Research Corporations both encompassing the same scope of works and both estimating the cost for the complete study to be $5s000. Both ~opesals include a provision that if preliminary calculations indicate the proposed center would not be a feasible undertaking, further work ~ould be suspended at the discretion of the City. The City Manager recommended the selection of Economic Research Associates inasmuch as they have recently completed studies of various types within Orange County, particularly in the field of Industrial Development, In answer to a question from Councilman Ken, l, the City ManaEer indicated that the preliminary study made by Coldwell, Banker & Company was done at no cost to the City. Following a brief discussion, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve and accept the proposal between the City of Cypress and Economic Research Associates for the Regional Shopping Center Development Study as outlined in the City Manager's report of February 8, 1965, at a cost not to exceed $5,000. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneye Wright, and Nue None ~None 1964~.65 BUDGET P~,VI.S.IO~S.: A report dated February 4,1965, was presented from the City Manager concerning a mid-year summary of anticipated revenues and expenditures in relation to the approved 1964-65 budget. A review of the revenue estimates would indicate that the City will have available an additional $185,964.00. February 8, 1965 Decreases in anticipated revenue total $60,000, leaving the estimated revenues over budgeted amounts of $125,964.00. A review of the anticipated budget expenditures indicates that ver~ few additional appropriations will be required. The major exception is the s~ount for the construction of the library facility, which was not budgeted, and is estimated at $80,000, and an additional $33,024 £or the bridge improvements on Walker and Moody. No additional budget appropriations are requested" st this time; however, the report recapsanded several budget transfers between departments due to the change of builiing maintenance from a contractual basis to the use of City emptoyees with equipment purchased by theCity; unforeseen damages to traffic signal devices; and increased costs in certain schcol street pavin~ projects. It was moved by Councilm~n Wright, seconded by Councilman Gorzeman, and unanimously carried, to authorize the transfers outlined in the City Manager's report of February 4, 1965. The following roll call vote was t~ken.' AYES| 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ~orzeman, Kanel, McCarney, Wright, and Noe None None C..C~ERCE: A report dated February 4, 1965, was presented from the City Manager concerning the request by the Chamber of Commerce for use of a portion of the building used for City Council Chambers for office space for both the Ch~nber sad Junior Chamber of Commerce. The report reconmended that if the Chambers of Commrce are to be granted use of the building, that a separate entrance be provided for the two adjoining rooms and a door be provided which could be locked between the office space and ~he Council Chanbers. The report further recommended that the City be held harmless from any liability, theft, fire, and other items relating to the use of the municipal facility by the Chmnber of Cv~..arce, and that the lease- agreement provide a 30-60 day notice of termination for the use if the City required the facility. The City Manager advised that the Chamber of Cc~h~arce is willing to install the recommended separate entrance. Following a brief discussion, it was moved by Couectlman McCarney, seconded by Counctlman Gorzeman, and unanimously carried, to adopt the following Resolution, determining that portions of the City Council Chambers facility are not presently needed by the City and use of the facility by the Chsmber of Co~erce and Junior Chmaber of Camnerce is not in conflict with any City operation, and f~her to authorize the Mayor to sign and City Clerk to attest an agreement to be prepared by the City Attorney for the rent-f~reelease of portions of the City Council Chmnbers subject to the condtions outlined in theCityManager's report dated February 4,1965. The title of the Resolution is as follows: RESOLUTION NO. 550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE USE OF PORTIONS OF THE CYPRESS CITY COUNCIL (Yd~MBERS BY THE CYPRESS (11AMBER OF COMMERCE The following roll call vote was taken: AYES: 5 COUNCII24EN: NOES: 0 COUNCILMEN .' ABSENT: 0 COUNCILMEN: Corzeman, Kanel, McCarneys Wright, and Noe None None N,O~,-COMFQRMING USE C,O~,LAII~,--PIG FARM: A report dated February 4, 1965, was presented from the City Manager, stating that a communication has been received dated January 27, 1965, directed to the attention of tlm City Council regarding the existing pig farm at 4891 Cerrttos Avenue, Cypress. The letter, signed by five property owners on Cathy Avenue, reqnests action to eliminate the noise, slot, m%d abundance of flies which they attribute to the adjacent property which isbeing used as a pig farm. February 8, 1965 The Orange County Health Department has investigated the sub3ect pig farm and reported that the operation has been in existence for several years and not equipped for odor-free sanitation maintenance, and due to the lack of drainages effective fly and odor control is extremely difflcult. The City Attorney hem indicated that the pig faro use of the property is non-conforming and subject to elimination under the provisions of Section 122.3 and other applicable sections of Part 22 of Ordinance No. 90, as sinended, the Zoning Ordinance of the City of Cypress. In order to proceed with the elimination of the non-conforming use, a Public Nearing must be held by the City Council for the purpose of determining whether such use is detr~ntal to the health, safety, and welfare. In answer to a question from Councilman Gorzeman, the City Attorney stated that the owner of the pig farm would he notified of any action Uken by means of a Public Hearing notice. The City Attorney further advised that the use could not be slimlusted by any other means than the holdin~ of a Public Hearing by the City Council. Following a brief discussion, it was moved by Councihnan Kanel, seconded by Councilman McCarney, and uuenimously carried, to autb~rize the City Cle~rk to publish a Notice of Public Hearing in accordance with the regulations outlinsd in the Zoning Ordinance pertaining to Non-Conforming Uses, said Public Hearing to be scheduled at earliest possible date and further to inform the property o~ners bringing this matter to~he attention of the City Council of this action. The following roll call vote was takerig AYES= 5 COUNCILMEN= NOES| 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel~McCarneys Wright, and Nce None None ACCEPTANCE OF .IMPROVE~.EN.%S..AND RELEASE OF BUNDS. TRACTS 5420 AND 5455. ROBERT H. GRafT AND 'COMPA~YI A ~'~'p~rt dated February 4, 196'~, was presented from the City Manager, stating that a request has been received from the Robert H. Grant Company for release of the bonds for the public improvements in Tracts No. 5420 and 5455. The Public Works Department indicates that all construction work has been completed and is acceptable except for a deviation from the approved construc- tion plans regarding the parkway on Denni, said deviation cons isting of the planting of lawn and Cypress trees instead of painted asphalt over sterilized sc~l with tree wells for Cypress trees, as recommended by the Engineering Department. The City Manager stated that a definite policy has not been established concern- ing the planting of parkwayson arterial streets and therefore the staff is hesitant to hold the release of the bonds for this single deviation. He further suggested that theCity Council may wish to detemime that the lawn planting is acceptable as a substitute for painted asphalt between the curb and sidewalk for these tracts. Mr. Richard Owen, representing the Robert H. Grant Cempany, addressed the Councils stating that this Company would be willing to install the pipes for a manually-controlled sprinkler system in the parkways planted with grass. In answer to a question frem Councilman Kanel, Mr. Owen indicated that his Company would be willing to lay the pipe for the sprinkler systems on the exterior perimeters of all the Grant Company's subdivisions. Following discussion concerning the parkway planting policy, it was moved by Councilman Kansls seconded by Councilman Gorzeman, and unanimously carried, to accept the improvements in Tract No. 5420 and authorize the City Clerk to release theb0nds. The following roll call voteswas takenz AYES: 5 COUNCILMENI N~S: 0 COUNCILMEN= ABSENT| 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright. and Noe None None It was further moved by Conncilman Gorzeman, seconded by Councilman Wright, and unanimoua~ carried, to accept the improvements in Tract No. 5455 and authorize the City Clerk to release the bonds. The following roll call vote was taken: February 8, 1965 AYES ~ 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneys Wright, and Noe None None Councilman Gorzeman requested that the matter of the parkway planting policy be resolved at an early date. The City Hanager indicated that the staff would have a report concar/InS this matter as soon as possible. REIMBURSEMENT TO ROBERT H. GRANT COMPt~NY. DRAINAG~ DISTRICT 3-B: A report dated February 4, 1965, was presented from the City Manager, stating that the Robert H. Grant Company has recetnly submitted drainage fees in the mount of $15,589.50 for Tract No. 5272 and for the conmercial area on the ~st side of Denni at Cerritos in Drainage District 3-B. In accordance with the tenns of the Drainage District 3-B Reimbursement Agreement approved on June 22, 1964, these funds are eligible for reimbursement to the Robert H. Grant Company. It was moved by Councilman Wrights seconded by Councilman Gorzoman, and unanimonsly card:ted, to authorize the reimbursement to the Robert H. Grant Company in accordance with the Reimbursement Agreement for Drainage District 3-B in the amount of $15,589.50. The followlag roll cell vote~'was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Corzeman, Kanels McCarneys Wright, and Noe None None S~CO~, P~.ADING QRD.I~.~E .NO, 243, A~DI~G QRD.I..NANCE m. 90.. ~ MIN.m~ ~[LDING SI~ ~D ~T ~ ~ PD ~.E.~ It was mo~d by ~ct~ Gorz~, seceded by Councilman Wright~ ~d unan~ly carried, the folloWrig Ordinance be read by title only, title as folly,: ORDINANCE NO. 243 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C"IPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCEs SECTION 117.3s '~iINIMUM BUILDING SITE AND LOT WIDTH REQUIRED" (P-D, PLANNED DEVELOPMENT ZONE) It was moved by Coonciiman Gorzeman, seconded by Councilman Wrights and unanimously carried, this Ordinance be adopted. The followlag roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarneys Wright, and Noe None None SECO~..P-EADING ORDI~AN~.. NO, 244, ~ME~..I.NG. ~y~D.i~XSION O~IN~. ~QUI~ ~E~R~D UTI~,I~,~: It was ~ved by Councilm~ Wright, seconded by Councilm~ Corz~, and unan~ously carried, the foll~ing Ordin~ be read by title only, title as follows: ORDINANCE NO. 244 AN ORDINANCE OF TEE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 77, THE SUBDIVISION ORDINANCE, SECTION 5-19s IMPROVEMENTS REQUIRED, BY ADDING (m) "UNDERGROUND UTILITIES REQUIRED" It was moved by Councilman Goreeman and seconded by Councilman Wright this Ordinance be adopted, however prior to voting discussion was held conrerhing this Ordinance. The City Attorney advised that a question had arisen conerning who was responsible for paying for installation ofthe utilities underground, and stated that this is a matter for adJus~nent by the Public Utilities Commissions not by the City Council. The following roll call vote was taken on Councilman Gorseman's motion to adopt Ordinance No, 244: AYES: 5 COUNCILMEN NOES: 0 COUNCILMEN ABSENT: 0 COUNCILMEN Gorzeman, Kanel, McCarney, Wright, and Noe None NOne February 8, 1965 SECOND READING ORpINAN~E .Np., 237, AMENDING. ORp. I~NC~ NO, 38, .I~.;.. ESTABLI.S.HMENT OF. OFFIC~ 'DIRECTOR, ,OF FINANCE: It was moved by Councilman Gotzero,n, seconded by Councilman Wri2ht* and unanimously carried, the followix~ Ordinance be read by tit1, onlys title as follows: ORDINANCE NO, 237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 38 (ESTABLISHING THE OFFICE OF DIRECTOR OF FINANCE, PRES6RIBING THE POWERS AND DUTIES THEREOF, AND ASSIGNING THE FINANCIAL AND ACCOUNTING DUTIES IMPOSED UPON THE CITY CLERK TO 2SAID DIRECTOR OF FINANCE) . The City Manager explained that this Ordinance merely ~mended Ordinance No. 38 concerning the method of appointment of t_he Finance Director, a~i does not create a new position of Finance Director. It was moved by Councilman Gotzero,n, seconded by Councilman Wrilht, and unanimously carried, this Ordinance be adopted. The followins roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNt ILMEN: Gotzero,n, Kanel, McCarney, WriF. ht, and Noe None None SECOND READING ORDINANCE NO, 23~.~ AMENDING OI~.INANC.E N.O.L 91, P~.; COLLECTION. QF, RUBBISH AND T..~SH: It was moved by Councilman GoTzero,n, seconded by Councilman HcCarney. and unanimously carried, the,following Ordinance be read by title only, title as follows: ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 91 (RELATIVE TO THE COLLECTION OF GARBAGE, TRASH, RUBBISH, WASTE MATERIAL, ETC.), SECTION 21,Z It was moved by Councilman Gorzeman, seconded by Councilman Wright, and unamimously carried, t_his Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNt ILMEN: Gorzeman, Kin%el, McCarney, Wright, and No, None None SECOND READING ORDINANCE NOt 239, AMENDING OP. DI,NANC~,,..,NQ, ,1.8a .RE.L..S,.~E' .OF FIREWORKS: It was moved by Councilman McCarney, seconded by Councilman Gorzemm, and unanimously carried, the followin~ Ordinance be redd by title only, title ,,,follows: ORDINANCE NO. 239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AbIENDING ORDINANCE NO. 18, AS ENDED, RELATING TO THE SALE OF FIREWORKS It was moved by Councilman WriEht, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance be adopted, The followin~ roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCII24EN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Nne None None SECUND READING ORDIaANCE NO, 240,./LMENDING ORDInANCe*O, 2.24 ,RE.:... PERMITS .~ LIVE ENTER,TAINME.NT: It was moved by Councilman Wright, seconded by Councilman Ken, l, and unanimously carried, the following Ordinance be read by title only, title as follows: February 8, 1965 ORDINANCE NO. 240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 224 OF THE CITY OF CYPRESS, REQUIRING PERMITS FOR LIVE ENTERTAII~4ENT, PRESCRIBING THE PROCEDURE FOR THE ISSUANCE OF PERMITS AND IMPOSING PENALTIES FOR VIOLATIONS. It was moved by Councilman Wright, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance be adopted. The following roll call vote was taken: AYES: 5 COUNCILMEN ~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kernel, McCarney, Wright, and Noe None None RESOLUTION COMMENDING GOVERNOR BROWN AND UNIVERSITY OF ~LIFORN~A. BOARD OF REGENTS FOR PR(MPT ENFORCEMENT, ~T,I.O,N.S. AT UNIVERSITY OF C~IFORNIA AT BERKELEY: The City Manager presented a resolution prepared at the request of the City Council at its meeting of January I1, 1965. It was moved by Councilman Gorzeman, seconded by Councilm~m Kanel, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 551 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING GOVERNOR EDMUND G. gROWN AND THE UNIVERSITY OF CALIFORNIA BOARD OF REGENTS FOR THEIR PROMPT ENFORCEMENT ACTION TAKEN AT THE RECENT DISTURBANCES ~LT THE UNIVERSITY OF CALIFORNIA AT BERKELEY It was further moved by Councilman Kenel, seconded by Councilman Wright, and unanimously carried, to transmit copies of this resolution~ Governor Brown and the ~d~inistrative Office of the Board of Regents. The following roll call vote was taken: AYES: 5 COUNCILMEN~.~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None RE.SOLUTION AL,~.OW.IMG. CLAIm. S...AND ,DEM.AN,Dp. Np.S.,. 10616 THRU 10668 (P.AYROLL): It was moved by Council~ McCarneys seconded by Councilman Gorzeman, and unanimously carried. the following ~esolution be adopted, title as follows: RESOLUTION NO. 552 ARESOLUTION OFT HE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 10616 THRU 10668 The following roll call vote was taken: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Gorzeman, Kanel, McCarney, Wright, and Noe None None RESOLUT.IO,N ALLOWING C~A,I~.S.'AND DR~ND,S NOSt 10669 THRU19735 (COMMERCIAL. ~.ARRANTS).: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 553 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 10699 THRU 10735 The following roll call vote was takan: February 8, 1965 2~r') AYES: NOES | ABSENT: 5 C(YJNCILMEN: 0 COUNCE2tEN: 0 COUNCILI~N: Gorzeman, Kanel, McCarneys Wrights and No, None None There were no oral co~nunications presented at this time. ADJOURI~ENT: There beinE no further business to come before the City Council, it was moved by Councilman Goraeman, seconded by Councilman McCarney, and unanimously carried, the meeting adJoura at 11:53 p.m. MAYOR" [ ATTE ST: dlTY CLE'RK February 8, 1965