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Minutes 68-03-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 25, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, March 25, 1968, in the City Council Chambers, 5275 Orange Avenue, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman Noe, seconded by Councilman McCarney and umanimously carried to approve the Minutes of March 11, 1968, as mailed. It was moved by Councilman Noe, seconded by Councilman Kanel to correct the Minutes of the regular meeting of February 26, 1968, to change the last paragraph on page 10 to read as follows: "It was moved by Councilman Bowen, seconded by Councilman McCarney and unanimously carried to approve the plans and specifica~jons for the improvement of Cerritos Avenue from Valley View Street to 1466 feet west of Valley View Street; to authorize the Mayor and City Clerk to certify to Orange County as to the acquisition of right of way on Cerritos Avenue; and to authorize the City Clerk to advertise for bids for this improvement with the time and date for receiving bids to be established after receipt of the approval of the plans and specifications by Orange County." General discussion ensued in regard to the activities of the Cypress Citizens Committee for Flood Protection and the City Manager stated that the Committee would make a presentation following the "Meet Your Candidates" night's activities and indicated that the Staff had been requested to participate in the presentation. It was generally agreed that the City Council would have no objection to members of the Staff appearing at "Meet Your Candidates" night to discuss the drainage bond. It was generally agreed to postpone the quarterly meeting with the Cypress Chamber of Commerce until May, 1968. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place consi- deration of a Claim for Damages from Mrs. Alberta Jankins, 10282 Lorraine Lane, Cypress, on the agenda at this time. The Claim is for injuries to her right leg which were reportedly received when Mrs. Jenkins fell through an uncovered hole in steel casing pipe adjacent to the sidewalk on the east side of Walker Street, south of t~ll Road, and north of the Carbon Creek Channel. In answer to an inquiry from Councilman Kanel, the City Manager advised that the City insurance company does not take further action on any claims until notification is received that the City Council has officially denied the subject claim. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to deny the claim submitted by Mrs. Jenkins, 10282 Lorraine Lane, Cypress, for injuries to her right leg reported received when she fell through an uncovered hole on the east side of Walker Street, and to refer this matter to the City's insurance carrier for settlement. The City Manager acknowledged the presence of Mr. Vincent Devaney, District Superintendent for the Cypress School District, and indicated that Mr. Devaney wished to address the Council in connection with the traffic problems at the intersection of Ball Road and Denni Street. March 25, 1968 It was moved by Councilman Noe, seconded by Councilman McCarney and unanimously carried to consider Item 9 on the agenda at this time. CONSIDERATION OF COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: BUSSING SERVICE FOR SCHOOL CHILDREN ATTENDING LANDELL SCHOOL: The City Manager reviewed a communication dated March 20, 1968, from Cypress Elementary School Superintendent, Vincent Devaney, which states the District's position in reference to traffic control at the intersection of Ball Road and Denni Street and further indicated that the School Board rejected the proposal of the City Council to continue bussing service for the students residing south of Ball Road who attend Landell School for the remainder of the school term. General discussion was held regarding the traffic problems at the subject intersection, including the lack of visibility for motorists due to the curves on Ball Road; the speed of current traffic on Ball Road; the hazards of the installation of a four-way stop; and the need for traffic signalization; all of which had resulted in the request to the School District for continuation of bussing service for the remainder of the school term. The City Manager advised that the City had intended to place a crossing guard at the intersection and, in fact, had assigned an officer to cross the children during the last few weeks when the City became aware that several children were now using the crosswalk; and that the officer would be replaced by a crossing guard on April 1, 1968. The City Manager further advised that additional studies were to be made by the Advisory Traffic Corfanittee in reference to this intersection. Mr. Devaney addressed the Council and reviewed several conmunications which had been written between the School District and the City in reference to the crossing guard at the intersection and advised that the District had planned to discontinue bussing service at such time as the sidewalks were completed on the west side of Denni Street north of Ball Road; and further explained the expense to the District of bussing students throughout the District. Further discussion was held concerning the traffic problems at the intersection and proposed solutions to the problem which, since the School District was not able to continue bussing service, would be the placement of a crossing guard until such time as the traffic signal could be conpleted. Councilman Kanel introduced discussion with Mr. Devaney relative to the School Board's decision to deny the request of the City to provide an easement south of Tract No. 4137 to connect a street with Marian Avenue in Tract No. 5044, easterly of the Vessels School site for emergency purposes. Mr. Devaney stated that certain homeowners had appeared at the School Board meeting requesting the Board's denial of the City's request due to the increased traffic which such a road would generate throughout the Tract. Following general discussion regarding the need for the subject street opening, it was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried, to place this matter on the agenda at this time. It was moved by Councilman Kanel and seconded by Councilman Bowen to instruct the City Manager to forward a communication to the Cypress School Board of Trustees requesting them to reconsider their previous action in reference to the need for additional access from Tract 4137 to the Vessels School for emergency purposes. Following further discussion, it was moved by Councilman Kanel and seconded by Councilman Bowen to amend their original motion to include a request of the Board of Trustees to authorize additional studies of this matter by the architect and other members of the Administrative Staff, along with members of the City Staff, in an attempt to resolve any problems which may confront the District in assisting the City to provide this required access. The motion was then unanimously carried. March 25, 1968 RECESS: It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to recess at 5:04 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Public Works Director Art Schatzeder, Police Chief George Savord, Finance Director Jim Grissom, Building Superintendent Tom Nudson, Planning Director George Putnam, Civil Engineer Associate Raymond Coakley, and Administrative Assistant Gene Poertner. ORAL COMMUNICATIONS: There were no oral communication' presented at this time. Since Item No. 1 was a Public Hearing scheduled for 8:00 p.m. , it was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to proceed to Item 5 at this time and continue until 8:00 p.m. COMMUNICATION FROM LOS ANGELES COUNTY SUPERVISOR WARREN DORN RE: PROCLAMATION OF "D FOR DECENCY WEEK": The City Manager presented a communication dated March 5, 1968, from Los Angeles County Superervisor Warren Dorn, transmitting a suggested proclamation designating the week of April 22 through April 28 as "D For Decency Week" and requesting the Mayor and City Council to adopt a similar proclamation for this period of time in the City of Cypress. It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to approve the request and authorize the Mayor to proclaim the week of April 22 through April 28 as "D For Decency Week" in the City of Cypress, following which Mayor Harvey did so proclaim. COMMUNICATION FROM CITY OF COSTA MESA RE: RESOLUTION URGING ESTABLISHMENT OF NEW NATIONAL CEMETERIES: The City Manager presented a communication dated March 11, 1968, from the City of Costs Mesa transmitting a copy of a resolution urging the establishment of new National Cemeteries for veterans and their families and requesting the City Council to take similar action encouraging the United States Conference of Mayors to adopt a resolution urging creation of new National Cemeteries. It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried this cor~nunication be received and filed. COMMUNICATION FROM LONG BEACH COMMUNITY HOSPITAL AUXILIARY RE: WAIVER OF ADMISSIONS TAX FOR BENEFIT HORSE SHOW: The City Manager reviewed a communication dated March 15, 1968, from Mrs. Dave Mosher, Ways and Means Chairman of the Long Beach Community Hospital Auxiliary, requesting the waiver of admissions tax for the annual Benefit Horse Show to be held at the Los Alamitos Race Track on June 21, 22, and 23 of this year. The City Manager advised that the Auxiliary has on file in the office of the City Clerk verification that the proceeds from this event are used for charitable purposes and that the Auxiliary is a nonprofit corporation. It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to approve the request and authorize the waiver of admissions tax for the annual Benefit Horse Show, sponsored by the Long Beach Community Hospital Auxiliary, to be held at the Los Alamitos Race Track on June 21, 22, and 23, 1968. March 25, 1968 COMMUNICATION FROM ASSEMBLYMAN BRIGGS RE: DISSOLUTION OF ORANGE COUNTY HARBOR DISTRICT: The City Manager presented a con~nunication dated March 20, 1968, from Assemblyman John V. Briggs, transmitting a copy of the bill introduced by Assemblyman Briggs dissolving the Orange County Harbor District and requesting the City Council to support this measure through the adoption of a resolution. The connnunication further encouraged the City to support similar action by the Orange County Division of the League of California Cities and the Orange County Board of Supervisors. The City Manager reviewed the previous action of the City Council in reference to the Orange County Harbor District. At the request of Mayor Harvey, Councilman Bowen further reviewed the action taken by the Orange County Division of the League of California Cities at the meeting held March 14, 1968, at which time a committee was appointed to give further study to the Harbor District reorganiza- tion problem. Councilman Bowen further indicated that as the City Council representative to the League of Cities he would recommend the communi- cation be received and filed; although he personally was in favor of Assemblyman Briggs' bill since it would serve to hasten the completion of the League study. It was moved by Councilman McCarney and seconded by Councilman Noe this communication be received and filed. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None COMMUNICATION FROM CYPRESS ELEMENTARY SCHOOL DISTRICT BOARD OF TRUSTEES RE: BUSSING SERVICE TO LANDELL SCHOOL: The City Manager advised that the communi cation dated March 20, 1968, from Vincent Devaney, District Sueprintendent of the Cypress Elementary School District which indicates that the School District had not approved the recommendation of the City Council to continue bussing service for students living south of Ball Road attending Landell School for the remainder of the school year, had been reviewed during the afternoon session of the City Council. The City Manager then reviewed the discussions held during the afternoon session. Having received permission from Mayor Harvey, Mrs. Robert Nolen, 5290 Dina Court, Cypress, addressed the Council indicating that she felt the intersection of Ball and Denni was too hazardous for children to cross even with a crossing guard. The City Manager reviewed the traffic control problems at the intersection which had caused the Advisory Traffic Committee and City Council to request continuation of bussing service from the School District. Mrs. Nolen addressed the Council indicating the desire of the parents of children attending Landell School to have bussing service continued until the installation of traffic signals at this intersection, stating that if motorists could not see a stop sign, they could not see a crossing guard either. At the request of Mrs. Nolen, she was advised of the time and meeting place of the Cypress Elementary School District. It was moved by Councilman Kanel, seconded by Councilman McCarney and unanimously carried to continue this matter until after the Public Hearings. PUBLIC HEARING RE: ZONE CHANGE NO. Z-164 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of land from R-4 (High Density Multiple- Family Residential) to R-1 (One-Family Residential), generally located on the east side of Denni Street approximately 384' south of the March 25, 1968 301 centerline of Lincoln Avenue, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, for Mrs. Frank Correia, 9092 Denni Street, Cypress, and Big Six Land Company, Inc., 5541 Bishop Street, Cypress, property owners, known as Zone Change No. Z-164. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated March 21, 1968, indicating that affidavits of posting, publication, and mailing of the Public Hearing notices are on file in the office of the City Clerk and no written communications concerning this Public Hearing have been received. The Planning Director presented a report dated March 20, 1968, reviewing the conditions imposed hy the Planning Commission in its approval of Zone Change No. Z-164 and indicating that, even with the proposed change in zone of this property from R-4 to R-l, the future population density of the City, as anticipated by the General Plan, would not be detri- mentally affected. In response to a question from Councilman Kanel, Mr. Lee Goldin, representing Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, addressed the Council indicating that Larwin Con~any has submitted a plot plan of the tract map showing the homes which would abut the Hyatt Die Cast operation. Mr. Goldin further advised that homes immediately adjacent to the manufacturing use would be one story and the rear yard setbacks would be a minimum of 28 feet. The Mayor asked if anyone in the audience wished to speak in favor of the subject Zone Change. Mr. Lee Goldin, Vice President of Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, addressed the Council speaking in favor of the proposed change of zone stating that he feels it is consistent with the highest and best use of the property and indicating that Greenbrook Homes will be constructed in this area. In response to a question from Councilman Bowen, the Planning Director indicated that the Planning Commissioner who had voted against the subject zone change had not indicated his reason for this vote. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDEN- TIAL) ZONE CHANGE NO. Z-164. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, Noe, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None March 25, 1968 3U, PUBLIC HEARING RE: ZONE CHANGE NO. Z-165 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of aldn from R-3 (Multiple-Family Resi- dential) to R-1 (One-Family Residential), generally located on the north side of Cerritos Avenue, approximately 660' easterly of the centerline of Bloomfield Street, requested by Larwin Development Company, 9300 Wilshire Boulevard, Beverly Hills, California, known as Zone Change No. Z-165. The Mayor declared the Public Hearing open and requested the Staff to present their reports. The City Manager presented a report dated March 21, 1968, indicating that the affidavits of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications have been received. The Planning Director presented a report dated March 20, 1968, reviewing the action taken by the Planning Commission in recommending approval of the subject change of zone and indicating that the total amount of decrease in population created by the zone change would be insignificant. The Mayor asked if anyone in the audience wished to speak for the proposed change of zone. Mr. Lee Goldin, Vice President of Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, addressed the Council speaking in favor of the proposed change of zone stating tb~t he feels it is consistent with the highest and best use of the property and indicating that Greenbrook homes are proposed to be located ih the area. Mr. Charles Stowell, 4006 Churchill Court, Cypress, addressed the Council as representative of the Midwood Manor Townhouse Association stating that the Association is in favor of the change of zone and requesting the developer to control the dust problem when construction begins in the subject area. In response to a question from Councilman Bowen, the City Attorney advised that since he resides within 300 feet of the subject property, he should abstain from voting on this matter. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF ?HE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-3 (MULTIPLE- FAMILY RESIDENTIAL) TO R-1 (ONE-FAMILY RESIDENTIAL); ZONE CHANGE NO. Z-165 It was moved by Councilman Noe, and seconded by Councilman Kanel to approve the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: McCarney, Kanel, Noe, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 0 COUNCILMEN: Bowen PUBLIC HEARING RE: APPLICATION OF PROVISIONS OF VEHICLE CODE IN MIDWDOD MANOR: The Mayor announced this was the time and place for the Public He~ing upon the Petition of a majority of the owners of the pri- vately owned and maintained roads within Midwood Manor Townhouse Develop- ment, generally described as Lots S-1 (Carlyle Court, S-2 (Bryant Court), March 25, 1968 303 Lot S-3 (Churchill Court, Barclay Drive and Fielding Court) and Lot S-4 (Stratton Court and Rutgers Court), described therein, requesting the City of Cypress, by resolution, to find and declare that such privately owned and maintained roads within the City of Cypress are not generally held open for use of the public for pur- poses of vehicular travel, but by reason of their proximity to or connection with highways, the interests of any residents residing along such roads and the motoring public will best be served by application of provisions of Section 22350 and Chapter 12 (commencing with Section 23100) of Division 11 of the Vehicle Code of California to such roads. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager advised that affidavits of mailing and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written conmunications concerning this matter have been received. The City Manager thenpresented a report dated March 25, 1968, indicating that this Public Hearing has been scheduled in accordance with the procedures prescribed by the Vehicle Code through submission of a petition signed by a majority of the owners of the private roads within the Midwood Manor Townhouse Development, which is located at the north- east corner of Bloomfield Street and Cerritos Avenue. He further indi- cated that additional supporting data indicating that a majority of the property owners had signed the petition accompanied the petition in the form of a lot book report, a current list of the homeowners of the properties within Midwood Manor, and a certified copy of the covenants, conditions and restrictions of the Midwood Manor Townhouse Association which indicate that the subject streets are owned in con~non by the owners of the units within Midwood Manor. The Mayor asked if anyone in the audience wished to speak in favor of the subject petition. Mr. Charles Stowell, 4006 Churchill Court, Cypress, addressed the Council as representative of the Midwood Manor Townhouse Association indicating their desire to have increased patrol service within their development and thanking the City Manager and Staff for assisting them in initiating their petition. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 854 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPLYING VARIOUS PROVISIONS OF THE VEHICLE CODE OF CALIFORNIA TO CERTAIN PRIVATELY OWNED AND MAINTAINED ROADS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 9 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None PUBLIC HEARING RE:: VACATION OF ALLEY IN TRACT NO. 6210: Due to an error in scheduling the Public Hearing for this matter, it was moved by Councilman Noe, seconded by Councilman Bowen, to continue this Item until the regular meeting to be held on April 8, 1968. RECESS: The Mayor declared a recess at 8:30 p.m. The meeting was called back to order at 8:32 p.m., all City Councilmen being present. March 25, 1968 CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM CYPRESS SCHOOL DISTRICT RE: BUSSING SERVICE TO LANDELL SCHOOL: Following discussion on the traffic control problems at the intersection of Ball Road and Denni Street, Mr. Devaney was asked if he wished to comment any further on this matter. Mr. Vincent Devaney, 4532 Marion Avenue, Cypress, addressed the Council indicating that he had nothing further to add to the discussion and indicating that he had advised Mrs. Nolen of the time and place of the next School Board of Trustees meeting. CONTINUATION OF CONSIDERATION OF TRANSFER OF ON-SALE BEER LICENSE-- SQUIRREL CAGE (DANIEL G. MILLER): The City Manager advised that the City Council at its regular meeting of March 11, 1968, had continued consideration of a communication dated February 29, 1968, from the Alcoholic Beverage Control Board notifying the City of a transfer of an On-Sale Beer License at the Squirrel Cage, 4132 Lincoln Avenue, Cypress, from Franklin D. Bryant and Kenneth M. Layman to Daniel G. Miller pending completion of the Police Department's investigation of the application. The Police Department has completed its investi- gation and finds no legal reason to protest the application. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried, this communication be received and filed. CONSIDERATION OF TENTATIVE TRACT MAP NO. 6219 (LARWIN COMPANY): The Planning Director reviewed a report dated March 20, 1968, outlining the recommendation and conditions submitted by the Cypress Planning Commission in its approval of Tentative Tract Map No. 6219, which is located on the east side of Denni Street, 325 feet south of Lincoln Avenue, consisting of 18.3 acres, 99 residential lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. ]~e Planning Director indicated that no lot in the subject Tract is less than 5500 square feet in lot size and the lots range from 6500 square feet on the coerner, 6,000 square feet interior lots to 5500 square feet minimum lot size. Councilman Bowen indicated that it was his understanding that the Council would be provided with the difficult lot layout on all optional design subdivision developments. It was generally agreed that the Council would receive copies of problem lot layouts on optional design subdivisions. General discussion was held concerning the layout of the lots adjoining the manufacturing use on Lincoln Avenue as to the rear yard setbacks for these lots. In answer to an inquiry from Councilman McCarney, the Public Works Director advised that hte proposed drainage facility within this Tract would be closed pipe conduit and would drain into the 2-A Channel. General discussion was also held as to provisions for the buffer zone between the manufacturing and residential uses. It was moved by Councilman McCarney, and seocnded by Councilman Bowen to approve Tentative Tract Map No. 6219, subject to the following conditions: That Assessor's parcel number 78-020-12 shall be shown as a lot in Tract No. 6219, or a Division of Land Map shall be submitted to the City prior to approval of the final map and all street improvements on Lincoln Avenue shall be constructed or a bond shall be posted with the City guaranteeing the improvements on Lincoln Avenue within a reasonable time, as determined by the City Engineer. Denni Street shall be constructed in front of Assessor's parcel number 78-020-33 to ultimate width. March 25, 1968 305 Denni Street shall be dedicated and improved in accordance with the Master Plan of Streets and Highways. Property line radii shall be to the satisfaction of the City Engineer. All vehicular and pedestrian access rights to lots siding onto Denni Street shall be dedicated to the City of Cypress on the final tract map. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 7. Drainage shall be solved to the satisfaction of the City Engineer. A block wall shall be constructed on the perimeter of the tract adjacent to any H-C (Highway Commercial) or M-1 (Light Manufacturing) zone and along Denni Street. The developer shall construct the 2-A Master Plan of Drainage storm drain, located southeasterly of the tract, or advance funds for the construction, at the option of the City. Design and location to be approved by the City Engineer. Funds for design and/or construction shall be advanced by the developer. 10. All street trees shall be of a size and type approved by the City Staff. 11. All streets shall be dedicated and improved within the boundaries of the tract. 12. Five foot sidewalks are permitted adjacent to the curbs on all interior streets. 13. Four foot tree wells shall be required in all streets having walks adjacent to the curbs, per City standards. Tree wells shall be bricked in; to the satisfaction of the City Engineer. 14. A three foot parkway easement shall be provided behind and adjacent to all sidewalks on interior streets. This parkway easement shall not be more than 8~' in depth behind the face of the curb. 15. All fifty-one foot (51') streets shall be improved with forty feet (40') of paving curb to curb. All forty-seven feet (47') streets shall have thirty-six feet (36') of paving curb to curb. 16. Drainage easement required to drain adjacent properties shall be provided as required by the City E~gineer. Drainage of parcels north of the tract to be shown on the grading plans to show the method of drainage. 17. Location of all street furniture shall be approved by the City Engineer. 18. Advance street light energy charges shall be paid. 19. The developer shall provide a street lighting system, approved by the City Engineer. 20. The developer shall donate to the City 2% of the gross area of the tract or 2% of the value of the gross area of the tract. March 25, 1968 306 21. Interior street structural sections to be based on recommendations and soils report by soils engineering firm acceptable to the City Engineer with a T.I. of 3.5 for streets with 36' of paving and T.I. of 5 for streets with 40' of paving. 22. The optional design fees shall be used for public facilities in the area according to the following priorities: 1. Street improvements on the east side of Denni Street. 2. Development of the drain in the 2-A drainage system. 3. Development of a park on the west side of Denni Street in the inmediate area of the subdivision. 23. If Contempo homes are to be constructed on the tract, all utility service panels and meters shall be located within the fencing of the property they serve on the Contempo Series. 24. Minimum street grade shall be .2%, if possible. 25. Lots shall drain to the front street at a minimum 1% grade. 26. The fencing required along Denni Street, at the end of the cul-de-sacs shall be an ornamental wrought iron fence extending from front setback to front setback across the cul-de-sac. 27. All houses located on Lots 45, 49, 66, 70, 87, and 91 shall have their driveways located on the westerly side of the lots. 28. No Final Map shall be approved until the property has been rezoned to R-1 (One-family Residential). 29. All lots adjacent to H-C (Highway Commercial) zoning shall have a minimum of a twenty-eight foot (28') backyard, except Lot #11, which may have a twenty-five foot (25') backyard depth. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF TENTATIVE TRACT MAP NO. 6549 (LARWIN COMPANY): The Planning Director reviewed a report dated March 20, 1968, outlining the conditions recommended by the Cypress Planning Commission in its recommendation of approval of Tentative Tract Map No. 6549, which is located east of Bloomfield Street on the north side of Certitos Avenue between the Midwood Manor Townhouses on the west and Holy Cross Lutheran Church on the east, consisting of 13.9 acres of land and 79 residential lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills. Councilman Bowen requested that the developer control the dust situation during construction of the tract. Following general discussion, it was moved by Councilman McCarney and seconded by Councilman Bowen to approve Tentative Tract Map No. 6549 subject to the following conditions: March 25, 1968 30'7 2. 3. 4. 6. 7. 8. 9. 10. 11. 12o 13. 14. 15. 16. 17. 18. 19. 20. 21. Minimum street gredes on "F" Street shall be .2% if the punp is allowed. A six foot high bbck wall is required along Cerritos Avenue. Wall around the curb return shall be as per City standards. All lots shall drain to the front with a minimum 1% slope. Access rights, pedestrian and vehicular, along Cerritos Avenue shall be dedicated to the City of Cypress on the final map. Drainage shall be solved to the satisfaction of the City Engineer. Street trees, types and size shall be determined by the City Staff. Fire hydrant location and plot plan shall be coordinated and approved by the City Staff. The developer shall provide a street lighting system approved by the City Engineer. Lands caping and automatic sprinkler system shall be installed along Cerritos Avenue. All required zone changes shall be approved prior to the recordation of the final map. Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer, with T.I. of 3.5 for streets with 36' of paving and T.I. of 5 for streets with 40' of paving. Cerritos Avenue shall be dedicated and improved in accordance with the Master Plan of Streets and Highways. Advance street light energy charges shall be paid. Curb return approved by the City Engineer, shall be pro- vided on Colgate Drive and Cerritos Avenue. Developer shall obtain approval of the City of Los Alamitos for the street improvement plans on Cerritos Avenue. The blue border of the tract shall be shown to the City limit line on Cerritos Avenue. A three foot (3') parkway easement shall be provided behind and adjacent to all sidewalks on interior streets when the sidewalks are adjacent to the curb. This park- way easement shall not be more than eight and one-half (8~) feet in depth behind the face of the curb. All streets shall be dedicated and improved within the boundary of the Tract. In lieu of optional design fees the landscape treatment of Cerritos Avenue and the pump station shall be approved by the Planning Director. Tree wells shall be bricked-in, to the satisfaction of the City Engineer. The driveways on lots 16, 20, 31, 35, 46, and 50 shall be located on the north side of the lots. March 25, 1968 22. Property line radii shall be to the satisfaction of the City Engineer. 23. All 51' streets shall have 40' of paving curb to curb and 47' streets shall have 36' of paving curb to curb. 24. A block wall, as approved by the City Staff, shall be constructed along the easterly boundary of the Tract. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None CONSIDERATION OF FLOOD WATER DISPOSAL STUDY AT WALKER-LINCOLN AREA: The Public Works Director presented a report dated March 19, 1968, reviewing the results of a drainage study con~pleted by Voorheis-Trindle-Nelson, Inc. for a flood water disposal study in the area west of Walker Street north of Lincoln, known as Area I; and the area east of Walker Street with a substantial portion on both sides of Lincoln Avenue, known as Area II; and outlining three alternate proposals for draining these areas. The Public Works Director presented a map outlining the extent of the three alternates. In response to questions from Councilman Bowen, the Public Works Director advised that the subject drainage study is predicated upon ultimate lining of the 2-A Channel. Following general discussion, it was moved by Councilman Bowen and seconded by Councilman McCarney to approve Alternate "C" of the Flood Water Disposal Study in the Walker-Lincoln Area. In response to a question from Councilman No~, the City Attorney advised that it would be in order for him to abstain from voting on this item inasmuch as he owns property in the area under discussion. The motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Nee It was then moved by Councilman Bowen and seconded by Councilman McCarney to direct the City Engineer to proceed with an amendment to the Master Plan of Drainage to include the storm drain facilities noted in Alternate "C" of the Flood Water Disposal Study in the Walker-Lincoln area. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, McCarney, and Harvey NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMEN: Nee CONSIDERATION OF SOLUTION TO DRAINAGE PROBLEM IN COUNTY AREA NORTH OF TRACT NO. 6222: The Public Works Director presented a report dated · March 18, 1968, indicating that, as required by the City Council in its approval of Final Tract Map No. 6222, a solution to the drainage problem in the County area north of Tract No. 6222, has been proposed by the developer and involves providing right of way for the construction of a four-foot concrete storm drain channel on the north boundary of Tract No. 6222 extending from Grindlay to the east boundary of the Tract. The report further indicated that in order to provide the four feet of right of way, it was necessary to narrow the sidewalk from five feet to four feet on each side of the most northerly street and to narrow the half street width from 18 feet to 17 feet. March 25, 1968 At such time as a storm drain is constructed in Grindlay Street, it will be possible to construct a catch basin at the end of the existing concrete-lined channel and connect the channel to the storm drain by means of a lateral pipe. The developer has also agreed to construct a chain link fence on the north side of the right of way to separate the channel from the private property and to provide a gate for access for maintenance purposes from Grindlay Street; and will also construct a concrete block wall along the north boundary of Tract No. 6222 to separate the tract homes from the channel right of way. It was moved by Cof~ncilman Bowen, seconded by Councilman McCarney and unanimously carried to approve the proposed storm drain channel between the north boundary of Tract No. 6222 and the County area immediately to the north in compliance with Condition No. 6 on the approval of Final Tract Map No. 6222. CONSIDERATION OF APPROVAL OF AGREEMENT WITH STATE DEPARTMENT OF FINANCE FOR POPULATION ESTIMATE: The City Manager presented a report dated March 21, 1968, concerning arrangements which have been made with the State Department of Finance for the conduct of a special population estimate to be certified as of April 1, 1968, at an estimated cost of $310.00. The conduct of the population estimate will require execution of an agreement between the City and the State Department of Finance. It was moved by Councilman Bowen and seconded by Councilman Nee to approve the agreement with the State Department of Finance for completion of a population estimate with a certification date of April 1, 1968; and further authorize the Mayor to sign and the City Clerk to attest the subject Agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEn: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Nee, and Harvey None None CONSIDERATION OF APPROVAL OF JOINT POWERS AGREEMENTS AND AUTHORIZATION TO CONTRACT FOR ENGINEERING SERVICES FOR CONSTRUCTION OF DRAINAGE FACILITIES IN COOPERATION WITH CYPRESS ELEMENTARY SCHOOL DISTRICT: The City Manager presented a report dated March 21, 1968, indicating the need for the City to approve the Joint Powers Agreements for construction of the extension of the West Side Drain north of Orange Avenue in conjunction with the construction of Arnold School at Denni Street; and the Joint Powers Agreement for construction of the Orange Avenue Drain from Moody and Orange westerly to the existing 2-A drain on the north side of the Tank Farm between Moody and Denni Streets which is to be constructed in conjunction with the development of the school administration buildings located at the northeast corner of Moody Street and Orange Avenue. The City Manager indicated that the Agreements have been revised in accordance with the School District's request to include a section in the Agreements providing for the City to pay all interest charges for the term of the Joint Powers Agreements and establishing the term of the Agreements for a period of fifteen years. The report further indicated that the City has received an engineering proposal from Williamson and Schmid, who are the engineers for the sl~e development for the Cypress School District, estimating the cost for design of the extension of the West Side Drain north of Orange Avenue at $3,400; and the cost of engineering design of the Orange Avenue Drain in an amount not to exceed $3,000. The City Manager indicated that the Public Works Department has reviewed the proposal and has determined that it is reasonable for the work involved and that the firm is qualified to complete engineering design for the subject storm drains. Upon the request of Councilman Kanel, the Public Works Director outlined the extent of the subject improvements. March 25, 1968 It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Joint Powers Agreements with the Cypress Elementary School District for construction of the West Side Drain extension and the Orange Avenue Drain; and to authorize the Mayor to sign and the City Clerk to attest these Agreements. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None It was then moved by Councilman Bowen and seconded by Councilman Noe to approve the proposal submitted by the engineering firm of Williamson and Schmid for design of the West Side Drain extension in an amount not to exceed $3,400; and to accept the proposal from the same engineering firm for design of the Orange Avenue Drain in an amount not to exceed $3,000. The motion was unanimously carried by the following roll call Vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILM~N: Bowen, Kanel, McCarney, Noe, and Harvey None None CONSIDERATION OF BUDGET TRANSFERS--1967-68 BUDGET: The City Manager presented a report dated March 21, 1968, advising of the necessity to transfer revenue in the amount of $7,000 from the Reserve for Capital Improvements to the Contractual Services Account for the City Attorney to cover the additional costs of litigation for the remainder of the 1967-68 fiscal year; and to transfer revenue in the amount of $2,000 from the Civil Defense Salaries Account to the Administration Salaries Account. This latter transfer is necessary due to the fact that the salaries of the Administrative Interns, which will be charged to the Administrative Budget, were to be taken from funds left over the salary previously budgeted for the Assistant City Manager, who resigned in January of 1968; however, one-half of the Assistant City Manager's salary had been budgeted to the Civil Defense Salaries Account and, therefore, there are not sufficient salary funds in the Administration Budget to completely administer the program without transferring funds. It was moved by Councilman Noe and seconded by Councilman Bowen to authorize the transfer of $7,000 from the 1968-68 Budget Reserve for Capital Improvements to the City Attorney Contractual Services Account; and further authorize the transfer of $2,000 from the 1967-68 Budget for Civil Defense Salaries Account to the Administration Salaries Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CERTIFICATION OF EMPLOYMENT LIST--PATROLMAN: Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to continue consideration of this item until the regular meeting of April 8, 1968. CONSIDERATION OF COMMERCIAL WARRANT LIST--WARRANTS NO. 18623 THROUGH 18701: Following discussion it was moved by Councilman McCarney and seconded by Councilman Bowen to approve the Cor~nercial Warrant List for Warrants No. 18623 through 18701 in the amount of $40,911.48. Councilman McCarney~s motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None March 25, 1968 ORAL COMMUNICATIONS: There were no oral cormnunications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to adjourn the meeting at 10:07 p.m. MAYOR OF THE CIT~' OF CYPRE~ / ATTEST: CITY CLERK 6F HE dITY dF CYPRESS T March 25~ 1968