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HomeMy WebLinkAboutMinutes 65-10-25MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD October 25, 1965 The Cypress City Council held a regular meeting on October 25, 1965, in the City Council Chambers, 5311 Orange Avenue, Cypress, California, at 3:00 p.m., Mayor Frank P. Noe presiding. PRESENT: ABSENT: Councilmen Gorzeman, Kanel, McCarney, and Noe Councilman Wright Also present were City Manager/City Clerk Darrell Essex; Administrative Assistant Darrell Dalton; Assistant Planner George Putnam; Public Works Director Arthur Schatzeder; and City Attorney James Erickson. MINUTES: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to approve the minutes of September 27, 1965, as mailed. It was moved by Councilman Gorzeman, seconded by Councilman Kanel, and unanimously carried, to approve the minutes of October 11, 1965, as mailed. ORAL COMMUNICATIONS: Mr. Richard Critelli, 5491 Belle Avenue, Cypress, addressed the Council, requesting permission to read a Notice of Intention to Circulate an Initiative Petition, a copy of which was filed with the City Clerk earlier this date. Mayor Noe requested this matter be presented during the evening portion of the meeting, due to its importance. Following a brief discussion, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to consider this item at the earliest possible time at the 7:30 p.m. session of the City Council meeting. In answer to a question from Councilman Kanel, the City Manager read the names of the individuals signing the Notice of Intention, those being Mr. S. Critelli, Arthur D. Hanson, Iona P. Duffy, John L. Kennedy, Jr., Richard J. Critelli, and Fred E. Duffy. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, addressed the Council, suggesting that the Notice of Intention be read at this time. Mr. Critelli again addressed the Council, stating that he wanted it a matter of record that the petitions are going to be circulated. Mr. John Kennedy again addressed the Council, stating,"Mr. Essex was approached prior to this at a Joint meeting of the School Board that you should investigate other facilities or you might have trouble." The City Manager advised the City Council that although the proposed p~ition could have an effect upon the Civic Center development, the petition appears to relate to the method of financing of community facilities. Mr. Critelli stated that he wanted to make it clea~ to the City Council that he was not against the Civic Center. Councilman Kanel stated that he disagreed with this statement. It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, to proceed to item No. 3 on the Agenda, since Items No. 1 and 2 are public hearings scheduled for 7:30 p.m. COMMUNICATION FROM SHORELINE PRESERVATION COMMITTEE RE: LOCATION OF DESALINIZA- TION PLANT: The City Manager presented a communication dated September 22, 1965, from Mr. Hans J. Lorenze, General Chairman of the Shoreline Preservation Committee, requesting the City to support the location of the proposed desalinization plant at the Hun[lngton Beach off-shore island site. Following discussion concerning the desirability of supporting any one particular site for the desalinization plant, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, this communication be received and filed. October 25, 1965 COMMUNICATION FROM MAYOR OF THE CITY OF LONG BEACH RE: MAKING IT A FELONY TO POSSESS A "MOLOTOV COCKTAIL": The City Manager presented a communication dated October 5, 1965, from Edwin W. Wade, Mayor of the City of Long Beach, requesting support in urging the State Legislature to make it a felony to possess, throw, or otherwise use "Molotov Cocktails" or other incendiary objects. Councilman Gorzeman stated that it was his understanding that the League of California Cities had recommended that no action be taken on this matter. Following discussion, it was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimoulsy carried, this communication be received and filed and the League of California Cities be requested to submit their stand on this matter to the City. Councilman Gorzeman suggested that the City of Long Beach also be contacted concerning their legal basis for the proposed legislation. RESOLUTION FROM THE ORANGE COUNTY BOARD OF ~PERVISORS RE: PROCLAMATION OF "SUPPORT YOUR LOCAL POLICE WEEK": The City Manager presented a~Resolution from the Oran~County Board of Supervisors, proclaiming the week of October 24- 30, 1965, as "Support you Local Police Week". It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to proclaim the week of October 24 - 30, 1965, as "Support your Local Police Week" in theCity of Cypress. COMMUNICATION FROM ORANGE COUNTY COMMUNITY ACTION COUNCIL RE: LEAGUE OF CALIFORNIA CITIES AFFILIATION WITH COMMUNITY ACTION COUNCIL: The City Manager presented a communication dated October 6, 1965, from Mr. Wendall T. Hill, Jr., Secretary of the Orange County Community Action Council, inc., requesting that the City give favorable consideration to recommending to the Orange County League of Cities to support and affiliate with the Orange County Community Action Council, Inc., the organization which will be respon- sible for coordinating the programs authorized under the Economic Opportunities Act of 1964, in Orange County. Following discussion, it was moved by Councilman Kanel, seconded by Councilman Gorzeman, and unanimously carried, to request a representative from the Community Action Council to attend the next City Council meeting to present more detailed information concerning the Community A~ion Council. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF ON-SALE BEER LICENSE TO RITA M. DAVIDSON, RED ROOSTER~ 6072 LINCOLN A~ENUE, CYPRESS: A communication was presented from the Department of Alcoholic Beverage Control, notifying the City of the temporary on-sale beer transfer to Rita M. Davidson at the Red Rooster, 6072 Lincoln Avenue, Cypress. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this communication be rec~ed and filed. A motion was made by Councilman Kanel to continue Items 8, 9 and 10, until the evening portion of the meeting, since these items pertain to the expenditure of City funds; however, Councilman Kanel's motion died for lack of a second. AWARD OF CONTRACT FOR SLURRY SEAL ON KATELLA AVENUE: A report dated October 18, 1965, was presented from the City Engineer, setting forth the results of the bids submitted for the application Of slurry seal on Katella Avenue from Knott Street to the West City Limits. The following is a summary of the bids received: Chamber Mix Concrete, Inc. 11236 Western Avenue Stanton, California $ 4,460.20 Sim J. Harris Company P. O. Box 3068 Hillcrest Station San Diego, California $ 5,916.00 Asphalt Coating Company 2515 W. Orangethorpe Fullerton, California $ 4,959.00 October 25, 1965 ,1 It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to award the contract for the shrry seal of Katella Avenue from Knott to~the west city limits to the lowest and best bidder, Chamber Mix Concrete, Inc., for the total sum of $4,460.20, and authorize the Mayor to sign and City Clerk to attest the contract for th~ City. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AWARD OF CONTRACT FOR PURCHASE OF 1966 PICK-UP TRUCK: A report dated October 18, 1965, was presented from the City Engineer, setting forth the results of the bids submitted for the purchase of one 1966 pick-up truck for the Public Works Department. The following is a summary of the bids submitted: Mel Burns Ford 2000 Long Beach Blvd. Long Beach, California $ 2,051.60 McCoy Motor Company 320 No. Los Angeles St. Anaheim, California $ 1,990.44 Smith Ford 12801Brookhurst Garden Grove, California $ 2,023.68 International Harvester Company 1110 E. Katella Avenue Ariahelm, California $ 2,008.36 The Public Works Director explained that the two lowest bidders did not meet the City's specifications for the truck; consequently, Smith Ford's bid for a 3/4 ton pick-up truck was the lowest and best bid submitted. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to accept the bid from Smith Ford as the lowest and best bid and authorize the awarding of the contract in the total amount of $2,023.68 for the purchase of one 3/4 ton pick-up truck to Smith Ford, 12801Brookhurst, Garden Grove, California. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AUTHORIZATION FOR REIMBURSEMENT OF ANAHEIM UNION HIGH SCHOOL DISTRICT FOR CITY'S PORTION OF STREET IMPROVEMENTS ADJACENT TO OXFORD JUNIOR HIGH SCHOOL: A report dated October 15, 1965, was presented from the City Engineer, stating that construction of the street improvements adjacent to the Oxford Junior High School have been comp3eted, and the Anaheim Union High School District has requested reimbursement from the City as authorized in the Reimbursement Agreement between the City and School District approved on April 12, 1965. The cost of the City's portion of the street improvement totals $7,111.38. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, to authorize the reimbursement of $7,111.38 to the Anaheim Union High School Districtlfor the City's portion of the costs for the street improvements adjacent to the Junior High School bcated on the southwest corner of Grindlay and Orange. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright REPORT FROM CITY ENGINEER RE: CYPRESS LIGHTING DISTRICT NO. 2, ANNEXATION NO. 4: A report dated October 21, 1965, was presented from the City Engineer, stating that the Engineer's Report has been filed for Annexation No. 4 to Cypress Lighting District No. 2, which includes all that area within the Cypress City Limits as of March 1, 1965, which is not included in existing Cypress Lighting District No. 2. no~, 25z 1965 The City Engineer displayed a map to the City Council, showing the various lighting zones in the City, and explained the new method of collecting street lighting assessments, which wilI be on an ad-valorem basis. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVTNG THE REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLUTION NO. 563 OF SAID COUNCIL The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS, TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF FIFTEEN (15) YEARS BEGINNING JANUARY 1, 1967 WHICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, setting the time for the Public Hearing on November 22, 1965, at 7:30 p.m. The title of the Resolution is as follows: RESOLUTION NO. 638 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT AND STREET LIGHTING DISTRICT ANNEXATION REFERRED TO IN RESOLUTION OF INTENTION NO. 637 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright AUTHDRiZATION TO DEED LOT NO. 199 OF TRACT NO. 4047 TO THE LARWIN COMPANY: A report dated October 25, 1965, was presented from the City Manager, seating that Lot 199 of Tract No. 4047, which was dedicated to the City for a pump station, is no longer needed by the City since the area is now included in Drainage District 2-A and the pump station will be located in a different area. Having rec~i~ed commitments from the Larwin Company in the 2-A Drainage Agreement, the City Council may reconvey Lot 199 of Tract 4047 to the Larwin Company. October ~25, 1965 It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to autho~ize the Mayor and Ci~ Clerk to sign the necessary documents to reconvey Lot No. 199 of Tract No. 4047 to the Larwin Company. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright ENGINEERING PROPOSAL FOR DRAINAGE FACILITY NORTH OF THE PACIFIC ELECTRIC RAILROAD TRACKS: A report dated October 21, 1965, was presented from the City Manager, stating that the engineering firm of Voorheis-Trindle-Nelson, In~ had submitted a proposal for completing the required engineering for the Cypress drainage faiclity proposed to be located within the Pacific Electric Railroad right-of-way from Knott to the Bolsa Chica Channel, as requested at the last City Council meeting. The proposed scope of work and estimated cost of $4100, has been reviewed and found to be satisfactory with the Public Works Director. Following discussion concerning the condition of the present drainage channel in the subject location, it was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to accept the proposal of Voorheis-Trindle-Nelson, Inc., as outlined in their conmunication of October 18, 1965, at a cost not to exceed $4100 and authorize the City Manager to sign the Agreement for the work to ~ performed under the subject proposal. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright STATEMENT OF RECEIPTS AND EXPENDITURES FOR QUARTER ENDING SEPTEMRER 30, 1965: A report dated October 21, 1965, was presented from the City Manager, trans- mitting the first Quarterly Statement of Receipts and Expenditures for the 1965-66 fiscal year. It was moved by Councilman McCarney, seconded by Councilman Kanel, and unanimously carried, this report be received and filed. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: i COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright MONTHLY VARIANCE REPORT, SEPTEMBER 1965: A report dated October 21, 1965, was presented from the City Manager, transmitting the Variance Report for the three months period ending September 30, 1965. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, this report be received and filed. MONTHLY ACTIVITY REPORT, SEPTEMBER 1965: tt was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the Monthly Activity Report for September 1965 be received and filed. CERTIFICATION OF EMPLOYMENT LIST FOR POLICE SERGEANT: A report dated .September 29, 1965, was presented from the City Manager, setting forth the results of an examination conducted for the position of Police Sergeant. It was moved by Councilman Gorzeman, seconded b~ Councilman McCarney, and unanimously carried, to certify the employment list for Police Sergeant as submitted. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: I COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-137 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Kanel, seconded by Councilman McCarney, and unanimously carried, the following Ordinance be read by title only, title as follows: October 25, 1965 ORDINANCE NO. 293 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 (HIGH DENSITY MULTIPLE-FAMILY) TO R-1 (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-137 It was moved by Counc~man Kanel, seconded by Councilman Gorzeman, and unanimously carried, this Ordinance be adopted. 'The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12449 THROUGH 12507 (PAYROLL FOR PERIOD ENDING OCTOBER 3~1965): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 639 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12449 THROUGH 12507 The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12509 THROUGH 12568 (PAYROLL FOR PERIOD ENDING OCTOBER 17~ 1965): It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 640 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12509 THROUGH 12568 The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright RESOLUTION ALLOWING CLAIMS AND DEMANDS NOS. 12508~ AND 12569 THROUGH 12653 {COMMERCIAL WARRANTS): It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the following Resolution be adopted, title as follows: RESOLUTION NO. 641 A RESOLUTION OF THE CITY OF CYPRESS ALLOWING CERTAIN CLAIMS AND DEMANDS NOS. 12508 AND 12569 THROUGH 12653 The following roll call vote was taken: AYES: 4 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright CHANGE OF SPEED LIMIT ON BALL ROAD FROM VALLEY VIEW TO EAST CITY LIMITS: The City Manager requested permission to discuss the need to change the speed limit on a portion of Ball Road. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. October 25, 1965 The City Manager reported that during the past few days, the City of Buena Park has posted Ball Road eastbound from Valley View at 45 miles per hour. The City's portion of Ball Road in this same vicinity is presently posted at 35 miles per hour, and the Police Chief has recommended that the City Council adopt a Resdution, changing the City's portion of Ball Road from Valley View to the east City Limits to 45 miles per hour in order to be consistent with the City of Buena Park. Following discussion concerning the desirability of increasing the speed limit in this area, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to adopt a Resolution, changing the speed on Ball Road from Valley View to t~ easterly City limits to 45 miles per hour. The following roll call vote was taken: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright REQUEST TO ADD FURTHER ITEMS TO THE CITY COUNCIL MEETING AGENDA: The City Manager requested permission to discuss the conditions of the 2-A Agreement between the City of Cypress and the Larwin Company, as it relates to the con- struction of the drainage facilities in Drainage District 2-A. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to grant this request. The City Manager further requested permission to discuss Robert H. Grant Company's Tract No. 5957, with particular reference to the condition imposed by the City Council that Orange Avenue be improved. It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to consider this matter at the evening portbn of the City Council mefi/ng. CONSIDERATION OF SUMP AND PUMPS STATION IN DRAINAGE DISTRICT 2-A.' The City Manager reviewed the terms of the Drainage District 2-A Reimbursement Agreement between the City and the Larwin Company, wherein the Larwin Company had agreed to advance $270,000 for the construction of certain drainage facilities required in Drainage District 2-A. He further reviewed the results of the recent engineering study completed concerning the drainage facilities required for Drainage District 2-A. The City Manager stated that the Larwin Company has now recelved bids for the construction of drainage fadlities outlined in the 2-A Agreement, which total an amount in excess of the $270,000 to~ advanced by the Larwin Company. Mr. Lee Goldin, representing the Larwin Company, addressed the Council, stating that before the contract is let by his company for construction of the initial facilities proposed in!the 2-A Agreement, the City Council must approve the expenditures over the amount set forth in the Drainage District 2-A Agreement. The City Manager advised the Council that a determination must be made in accordance with the conditions of the Drainage Agreement, whether the City desires to rede~ign the facilities to reduce the cost, or to proceed with the construction with the City providing the funds required in excess:cf $270,000. RECESS: It was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, to continue consideration of this matter, and declare a recess at the hour of 4:48 p.m. until 7:30 p.m. this date. CALL TO ORDER: The Mayor called the meeting back to order at the hour of 7:30 p.m., with the following in attendance: PRESENT: COuncilmen Gorzeman, Kanel, McCarney, and Noe ABSENT: Councilman Wright Also present were City Manager/City Clerk Darrell Essex; City Attorney James Erickson; Public Works Director Arthur Schatzeder; Administrative Assistant Darrell Dalton; Secretary of the Planning Commission George Putnam; and Police Chief O. C. Foster. The City Manager reviewed the actions taken by the City Council at the 3:00 p.m. session of the meeting. October 25, 1965 9 PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. C-186 (STARDUST LANDS~ INC.): The Mayor announced this was the time and place for the Public Hearing to consider an application for Conditional Use Permit to allow C-O (Commercial Office), R-1 (One-family Residential), and C-1 (Neighborhood Stores) uses in the P-D (Planned Development) zone'on property generally located at the southwest corner of Orange Avenue and Walker Street, as proposed by Tentative Tract Map No. 5957, requested by Stardust Lands, Inc., 1665 South Brookburst Avenue, Anaheim, California, known as Conditional Use Permit No. C-186. The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or against the subject application. The City Manager reviewed Planning Commission Resolution No. 281, which recommended approval of a part of Conditional Use Permit No. C-186 allowing the R-1 uses and denial of those parts for C-O and C-1 uses. Mr. Robert Kay, representing Stardust Lands, Inc., the applicant, addressed the Council, speaking in favor of the R-I portion of the Conditional Use Permit. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the Council, requesting clarification of the application. The City Manager explained that since the area was zoned P-D (Planned Development), any proposed development was subject to a Conditional Use Permit. Mrs. Bernard Knutzen, owner of property on Wicker Drive, addressed the Council concerning obtaining permission to use her property in a certain manner. Mrs. Knutzen was advised that this did not pertain to the subject Public Hearing and she should bring the matter up under Oral Communciations at the end of the meeting. Mr. John Smith, 9399 Esther, Cypress, addressed the Council, stating that he is in favor of the C-O zoned property in the subject area. The City Manager reviewed the previous City Council meeting Street improvements on Orange protest submitted by Stardust Lands at a concerning the requirement of installing Avenue. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman Gerzeman, and carried, to approve the R-1 use portion of Conditional Use Permit No. C-186 and deny those parts of the Conditional Use Permit for C-O and C-1 uses, subject to the following conditions: Walker and Orange Avenue shall be widened, dedicated, and improved to City standards. A 6-foot high concrete block wall shall be erected between the boundaries of the C-O uses and the R-1 uses in accordance with City standards. Drainage fees for the area shall be paid in accordance with the Master Plan of Drainage for all property indicated on the maps attached to the application. R-1 uses are permitted starting 242' south of the centerline of Orange Avenue. The following roll call vote was taken: AYES: 3 NOES: 1 ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, and Noe COUNCILMEN: McCarney COUNCILMEN: Wright PUBLIC HEARING lIE: APPEAL OF ZONING DETERMINATION NO. 65-6 (GLADYS MORGAN BEAUTY COLLEGE): The Mayor announced this was the time and place for the Public Hearing to consider an appeal requested by Ed De Boer of the decision of the Cypress Planning Commission on Zoning Determination No. 65-6, concerning the use of property generally located at 5562 Lincoln Avenue for a three-story building containing a beauty college on the first floor, rental office space on the second floor, and the third floor to be used as the owner's living quarters, requested by Gladys Morgan Beauty College, 2744 Pacific Coast High- way, Torrance, California. October 25, 1965 The Mayor declared the Public Hearing open and asked if anyone in the audience wished to speak for or ~ainst the subject appeal. The City Manager presented a communication dated October ~, 1965, from the Secretary of the Planning Commission, stating that the Planning Commission had approved the Zoning Determination for the beauty college, but denied the residential use on the third floor. The City Manager also read in full, the communication dated October 11, 1965, from Mr. Ed De Boer, appealing the decision of the Planning Commission with reference to denall of the residential portion of the proposed three-story building. Mr. Ed De Boer, 5939 LincOln Avenue, Buena Park, California, addressed the Council, on behalf of the Gladys Morgan Beauty College, stating that he would like to display a sketch of the proposed building; however, the City Attorney advised that any specific reference to the sketch would be out of order since the matter before the Council is a zoning determination and not the building itself. Mr. De Boer further addressed the Council, stating that a precedent has been set by owners who live at their motels in the Highway-Commercial zones, and that unless the individuals involved can live in the subject building, they will probably relocate to another area. Mrs. Gladys Morgan, applicant, addressed the Council, stating that she would like to see the Planning Commission's ruling changed to allow ~ving quarters. She furtherindicated that she had no intention of renting the quarters to anyone, and it was her understanding many oth~cities permit residential units in connection with businesses. Mr. L. J. McBride, representing the Chamber of Commerce, addressed the Council, stating that he is not in favor of residential units on Lincoln Avenue, but would suggest the possiblity of a penthouse type of arrangement, or the possiblity of restricting the usage of residential units ~ the ow~e~ or proprietor of the business. Mrs. Jean Bostick, 4802 New York Avenue, Cypress, addressed the Council, stating that the County unincorporated area allows residential uses above a business near her home. Mr. A. E. Arnold, 5541 Bishop, Cypress, addressed the Council, stating that he is in favor of anything that will improve the appearance of Lincoln Avenue; however, he stated that the County of Orange has changed its ordinance and no longer allows residential units in conjunction with a business in commercially-zoned areas. Mr. Hans Gowa, 6291 San Francisco, Buena Park, addressed the Council, stating that any new business along Lincoln Avenue will enhance its appearance and precedents have been set by allowing ownere to live at Motels. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. Councilman Gorzeman suggested the possiblity of allowing the residential use in the H-C zone, with a restriction as to the level of the building ~n which the residential unit is to be located. The City Attorney stated that in a zoning determination the Council's authority is in deter~in~Tthat'Che use which is proposed is similar to the specifically listed uses in the H-C zone and would not be detrimental to the adjoining uses. A basic determination would be to determine whether or not the occupancy on the third floor of the beauty college would be similar to the residential occupancy of a motel. In answer to a question from Councilman Gorzeman, the City Attorney stated that if the City Council were to approve the residential use in the subject applica- tion, it would mean future approval of residential uses in comparable instances. He also added that it would not establish a precedent as such, but would add one additional use in the H-C zone. Councilman Kanel stated that he is not against the building, but feels that having a residence on Lincoln Avenue is not correct. Mayor Noe stated that he would abstain from voting on this mattor since he lives in an H-C zone on Lincoln Avenue. October 25, 1965 The City Attorney stated that since the matter before the Council was a Public Hearing, the general procedure is the same as a quasi-Judicial procedure. The City Attorney advised the City Council that if the applicant had provided individual Councilmen with information not disclosed during the Public Hearing, that the City Council should acknowledge this fact, and relate this information to the other members of the Council is part of the Public Hearing. None of the Councilmen indicated that this information was provided. A motion was made by Councilman Gorzeman to approve the Zoning Determination as requested by Gladys Morgan Beauty College, on the basis that a precedent will not be set for future residential uses in the H-C zone; however, Councilman Gorzeman's motion died for lack of a second. It was moved by Councilman Kanel and seconded by Councilman McCaruey, to deny the appeal and to affirm the decision of the Planning Commission in denying the residential use, but approving the beauty college. The following roll call vote was taken: AYES: 2 COUNCILMEN: Kanel and McCarney NOES: 1 COUNCILMEN: Gorzeman ABSENT: 1 COUNCILMEN: Wright ABSTAINED~i COUNCILMEN: Noe The City Attorney advised that this motimwas not carried, since the affirmative vote of three Councilmen is required. With reference to Mayor Noe's abstaining from voting on this matter, the City Attorney stated that the abstinence would be valid. The City Attorney suggested the possib~ity of continuing this matter until the next meeting; however, it was pointed out that the absent Councilman also resides and owns property in the H-C zone on Lincoln Avenue, and therefore he would also have a conflict that would require an abstaining vote. With this information, the City Attorney advised that the Council had two alternatives; either to take no action at all, which may be treated by the applicant as denial, or to find some action that the three Councilmen eligible to vote can agree upon. Councilman Gorzeman again made a motion to approve the zoning determination, setting no precedent for future applications; however, the motion died for lack of a second. The City Manager recommended continuing consideration of this matter to allow the staff an opportunity to meet with the applicant to discuss the matter further for a possible solution to the problem. It was moved by Councilman McCarney, seconded by Councilman Gorzeman, and unanimously carried, to continue consideration of this appeal until the next regular meeting. The following roll call vote was taken: AYES: 3 COUNCILMEN: Gorzeman, Kanel, and McCarney NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Wright ABSTAINED:i COUNCILMEN: Noe PRESENTATION OF NOTICE OF INTENTION TO CIRCULATE INITIATIVE PETITION IN THE CITY OF CYPRESS: Mayor Noe stated that an item had been continued from the afternnon portion of the City Council meeting regarding a Notice to circulate an initiative petition. Mr. Arthur D. HanSon, 10312 Janice Lynn Street, Cypress, addressed the Council, stating that he was not present during the afternoon session, but would like to read a Notice of Intention to Circulate an Initiative Petition to enact a City Ordinance for the City of Cypress. Mr. Hanson read the Notice in full, said proposed Ordinance providing that Municipal improvements shall not be acquired through the use of the lea~e-back device unless approved by the electors at an election. October 25~ 1965 The City Attorney stated that since he had just seen the Notice of Intention for the first time this afternoon, his opinions were still tentative, but he did want a representative of the proponents to know that the costs of a municipal election are high, and the State Legislature has enacted severe penalties for abuse of the initiative process, such as making mis-representation as to the effect of the petition. He stated that his tentative conclusion is that the Ordinance proposed by the petition would be invalid. The City Attorney further suggested that the proponents check the affect of the proposed ordinance with their legal counsel, as he didn't want them to subject themselves to any unnecessary ciminal liability or to subject the City to any unnecessary expense. Mr. Erickson stated that his tentative conclusion is that the subject is not a proper subject for an initiative petition. The Ordinance could not be retroactive in its effect, regardless of how it were drafted, and therefore would probably not actually effect the Civic Center. The Civic Center site selection was made approximately two years ago; and the method of finance extensively studied and recormnended by a large committee of citizens. Contracts have been let for the engineering, architectural, legal, and financial services for construction of the Civic Center. The actual effect of the Ordinance probably would be to make it difficult to sell the bonds or increase the rate of interest for the bonds. The subject of an initiative is limited to legislative matters, and not an administrative function; and the subject of lease-back financing probably is an administrative function. He further stated that, contrary to what was stated in the notice, the courts have held the lease-back method of financing to be valid and constitutional. Mr..Hanson again addressed the Council, stating that he had not mentioned the effect of this initiative upon the Civic Center. In answer to this statement, the City Manager indicated that the proponents who had appeared at the afternoon session of the City Council meeting had done so, and had stated that the City would have trouble if it didn't consider alternate sites for the Civic Center, rather than proceed with the present plans for the Civic Center. Mr. Robert Shestek, 4353 Fontainbleau, Cypress, addressed the Coundl, asking if he could hear the tape recording from the afternoon session of the City Council meeting. The City Manager explained that the tape recorder was not working at the present time, but the tape would be available at the City Hall. The City Attorney advised the Council that among other defects, the Notice of Intention to Circulate a petition may be too vague concerning "Municipal Improvements", and may apply to any leases by the City. Councilman Kanel stated that he understood a particular organization within the conmunity was going to circulate the petitions, while another member from that organization had denied this. Mr. William Moran, 5188 Cumberland Drive, Cypress, addressed the Council, stating that denial by the signers of the Notice that the matter pertained to the Civic Center was ridiculous. Mr. Moran related an incident which had occurred the previous night, wherein the s~mof the Notice had told him that the Notice was against what the Federation of Community Affairs is for. He further stated that the Federation for Community Affairs will not take a stand on the Civic Center issue until after the public forum concerning the Civic Center is held. Mr. Moran stated that the Federation for Community Affairs intends to make determinations concerning the Cypress Civic League and the California Democratic Council and concerning the various officers in each of these groups. Mr. Moran continued to state that the Federation for Community Affairs feels that the Civic Center should not become involved in politics, and questioned how many of the signers of the petition intend to run for Council next year. He indicated that the very act of signing the Notice indicated that the proponents have made a decision before the public forum concerning the Civic Center. Mr. Moran stated that he p~rsonally objected to the statement in the Notice concerning the secrecy of the meetings of the Non-Profit Corporation, and also stated that Mr. John Kennedy, one of the signers of the Notice had been asked to serve on the Finance Subcomm~ittee of the Civic Center Committee, and failed to accept. Mr. Paul J. Bostick, President of the Cypress Area Republican Assembly, addressed the Council, reading a prepared statement which indicated that the Cypress C.R.A. had not taken any stand concerning the Civic Center. October 25, 1965 Mr. A. E. Arnold, 5541 Bishop, Cypress, addressed the Council, stating that responsible leadership promotes proper growth in a community. He indicated that the Cypress Civic Center Committee, of which he was Chairman, spent several months in considering the civic center and after discusding all methods of financing, had r~commended the lease-back method. Mr. Arnold noted that one of the signers of the Notice was a member of the Cypress Civic Center Committee and the only time he attended a meeting, to his knowledge, was the Organization meeting. He also requested the City Attorney to review the Notice to see if any of the statements in the Notice could be Rbelous. Mr. David Tutweiler, 5482 Myra Avenue, Cypress, addressed the Council, stating that there has been talk going around that various political groups are ~posed tO the Civic Center. He indicated that if anyone is against it, they are on their own, and the John Birch Society and C.R.A. are not opposed to it. Mr. Arthur Hanson again addressed the Council, stating that he is Vice President of the Cypress ~ivic League and a registered Republican, and that he is not a member of the C.D.C. He stated that there are other republicans in the Civic Leauge, both on the Board and in the membership. In answer to a question from Councilman Kanel, Mr. Hanson stated that the membership of the Civic League is about fifteen. Mr. Hanson advised the Council that the Cypress Civic League rents office spece from a partisan group in the City for $i.00 per month, and for this low figure, he would rent quarters from the Communist Party. CONSIDERATION OF SITMP AND PUMP STATION IN DRAINAGE DISTRICT 2-A: The City Manager stated that during the after~xoonportion of the City Council meeting, the consideration concerning construction of certain drainage facilities in Drainage Distrcit 2-A had been continued. The City Attorney has reviewed the matter and feels that the only action required is for the City Council to determine that it wishes to select Alternate 6-B under the Drainage District 2-A Agreement, w~ich means that construetion of the facilities will proceed according to the specifications approved by the City Engineer, and that the City, within the next few months, will determine the method of obtaining the additional funds needed at a later date. The Larwin Company has agreed to defer construction of several of the facilities to minimize the amount of money needed from the City at this time. It was moved by Councilman McCarney and seconded by Councilman Kanel, that the City Council elects to proceed under Section 6-B of the Drainage Distrcit 2-A Reimbursement Agreement between the City and the Larwin Company. Prior to voting on this motion, further discussion was held. Discussion was held concerning the desirabi]~ty of including in the motion the fact that certain elements of the drainage system have been eliminated at this time to reduce the over-all cost. The City Manager stated that the City will immediately make application to the Federal government for matching funds for the drainage system under the 1965 Housing Act. The following roll call vote was taken on Councilman McCarney's motinn: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Gorzeman, Kanel, McCarney, and Noe None Wright CONSIDERATION OF STREET IMPROVEMENT CONDITION IMPOSED ON TENTATIVE TRACT MAP NO. 5957 <R.H. GRANT COMPANY): The City Manager stated that representatives of the Robert H. Grant Company had requested further consideration concerning the requirement that Orange Avenue be improved as a part of Tentative Tract Map No. 5957. Mr. Robert Kay, representing the Robert H. Grant Company, addressed the Council, stating that his Company would like to appeal to the City Council concerning this condition. The Company proposed to put in the improvements on Walker and on 150 feet of Orange west of the intersection of Walker & Orange. He further recomanended that the City Council consider changing the C-0 zoning on the south side of Orange Avenue to P-D (PLanned Development), so that when the property develope~, the City could require the street improvements through the Conditional Use Permit necessary for development. Councilman Gorzeman stated he feels the street improvements are necessary at this time. October 25, 1965 The City Manager suggested the possibility of eliminating the requirement~ that the curb and gutter be installed at this time until the property develops, thereby lowering the cost of the street improvement. Discussion was also held concerning ~e possibility of bonds being submitted to guarantee the improvement of Orange Avenue. The Public Works Director stated he feels the improvement of the entire width of Orange Avenue willbe needed. A motion was made by Councilman Gorzeman to require the installation of street improvements at t~ls time on Orange Avenue adjacent to Tract No. 5957; however, upon being advised that this condition was still in effect from previous Council action on the Tentative Tract Map, Councilman Gorzeman withdrew his motion. ORAL CObfi~JNICATIONS: Mrs. Bernard Knutzen, owner of property at 5392 Wicker Drive, Cypress, addressed the Council, stating that one of her tenants on the subject property had received a notice from the Assistant Planner that he must remove certain building equipment being stored on the property. Mrs. Knutzen explained that Mr. Lantry, the tenant, builds scaffolding and was merely storing wood on the property, and requested permission of the City Council for continuation of the present use of the property. She also advised that the party who had originally complained to the Planning Department concerning the storage of wood, now had no obJectionI Mr. Thomas Lantry, 5392 Wicker Drive, Cypress, addressed the Council, explaining the use of the wood stored on the property, and advised that the wood is not to be stored there indefinitely. IN answer to a question from the Assistant Planner, Mr. Lantry stated that he was attempting to purchase property for the storage of the wood. Upon this statement, the Assistant Planner suggested that Mr. Lantry meet with ~m at the City Hall to further discuss the situation. ADJOURN~T: There being no further business to come before:the City Council, it was moved by Councilman Gorzeman, seconded by Councilman McCarney, and unanimously carried, the meeting adjourn at 10:02 p.m. ATTEST: I October 25, 1965