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Minutes 68-09-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 10, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Tuesday, September 10, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding° PRESENT: Councilmen Harvey, Kanode, Noe, and Bowen ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Public Works Director Arthur Schatzeder, and Planning Director George Putnam. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanode and ~animously carried to approve the Minutes of August 26, 1968, as mailed. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place consideration of the conduct of a Joint meeting with the Cypress Planning Con~nission on the agenda at this time. It was moved by Councilman Noe and seconded by Councilman Harvey to schedule the joint meeting with the Cypress Planning Con~nission for the afternoon session of the City Council meeting of September 23, 1968. Following discussion, Councilman Noe amended the motion to indicate that the meeting would include dinner. Councilman Harvey agreed to this amendment, following which the motion was unanimously carried. The City Manager suggested that the City Council may wish to consider scheduling a Joint meeting with the President and Staff of Cypress Junior College to discuss items of mutual concern. COUNCILMAN FANEL ARRIVED AT 4:13 P.M. AND TOOK HIS CHAIR ON THE PODIUM. Following discussion, it was generally agreed that the City Manager should contact Dr. Walker from Cypress Junior College relative to the scheduling of a Joint meeting between the City Council and the key Staff members of Cypress Junior College some time in November, 1968. Upon the suggestion of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place the appointment of an alternate from the Cypress Planning Commission to the Cypress Park and Recreation Advisory Board to replace former Planning Commissioner Henry Hiekey, on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to request the City Manager to direct a communication to the Planning Commission requesting them to designate a Planning Commissioner to serve as alternate representative to the Cypress Park and Recreation District Advisory Board. The City Manager indicated that with the appointment of Robert Cardoza to the Planning Commission, a position on the Fly Abatement Board is now vacant. It was generally agreed that the Council would consider filling this vacancy at its meeting of September 23, 1968. The City Manager reviewed the activities of the Welcome Teachers Breakfast and indicated that due to the conflict of teachers' schedules, the planned tour of the Civic Center was not conducted. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to place this matter on the agenda for consideration at this time. City Council Minutes September 10, 1968 It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to instruct the City Manager to transmit an appropriate communication to the Cypress Elementary School District Board of Trustees acknowledging the City Council's desire to continue the Welcome Teachers Program and further expressing a desire to avoid the unfortunate conflict of schedules which prevented the teachers from completing the planned tour of the Civic Center° In response to an inquiry from Councilman Kenode in reference to the construction schedule for the street improvements at Moody Street and Orange Avenue adJacent to the Cypress School District Administrative buildings, the City Manager advised that a request would be made of the Orange County Road Department to develop the Moody and Orange Street Improvement Project into a two-phase proJect~ If approved as part of the Arterial Highway Financing Program, the street improvements adjacent to the school administrative center would be completed in the first phase, The second phase, which would be the improvement of Moody Street north of the 2-A Flood Control Channel, would be deferred until such time as the City had received information regarding the Housing and Urban Development grant for storm drain assistance, and would include the construction of a storm drain facility in Moody Street north of the Channel. Councilman Kanode and Mayor Bowen sun~narized the discussions which took place at the meeting with members of the Cypress School Board. Councilman Kanode indicated that it had been his understanding that the Superintendent of the Cypress School District was planning to investigate the possibility of annexing the area in the southern portion of the City which is currently in the Garden Grove School District into the Cypress Elementary School District° The City Manager indicated that he had not heard from the School Superinten- dent relative to the subject boundary change; however, the Planning Director has discussed such a boundary change with Mr. Zogg of the Garden Grove District, who appeared receptive to such a proposal° The City Manager advised that he had received a request from the Cypress Chamber of Conunerce for waiver of the business license fee requirement for conduct of the Community Fair to be held at the Cypress 3unior College on September 20-22, 1968, It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Kenode and seconded by Councilman Noe to waive the business license fee requirement for conduct of the Cou~nunity Fair sponsored by the Cypress Chamber of Commerce which is scheduled to be held on September 20-22, 1968, at Cypress Junior College. It response to a question from Councilman Harvey, the City Attorney advised that as long as a City Council member is not an officer in the Chamber of Commmrce, it would not constitute a conflict of interest for him to vote in this matter° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None The City Manager reviewed a Claim for Damages submitted to the City by Attorney T. Richard Savidge on behalf of Lois A. Free, 2311 Canehill Avenue, Long Beach, for personal injuries purported to have been sus- tained by the claimant on or about July 19, 1968, in the vicinity of Katella Avenue at Siboney in the City of Los Alamitos. The City Manager indicated that since this injury did not occur within the limits of the City of Cypress, the City would not appear to be responsible. City Council Minutes September 10, 1968 It was moved by Councilman Noe, seconded by Councilman Harvey and unani- mously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Noe and seconded by Councilman Kanode to deny the Claim submitted by Mrs. Lois A. Free, 2311 Canehill Avenue, Long Beach, California, and to refer this matter to the City's Insurance Carrier for settlement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to go into executive session at 4:55 pom. for the purpose of discussing litigation. The meeting was called back to order at 5:50 p~m., all City Councilmen being present. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to place consideration of settlement of litigation known as Orange County Water District v Chino et al on the agenda at this time. Following discussion in reference to settlement of water rights litigation in which the City was named as one of the cross defendants, it was moved by Councilman Noe, and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 904 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING SETTLEMENT OF ORANGE COUNTY WATER DISTRICT V CHINO WATER RIGHTS LITIGATION. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to recess the meeting at 5:55 p~m. until 7:30 p.m. that evening. CALL TO ORDER: The meeting was called back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Police Chief George Savord, Finance Director 3im Grissom, Public Works Director Arthur Schatzeder, Building Superintendent Tom Nudson, and Administrative Intern Gary Kariker. City Council Minutes September 10,. 1968 PRESENTATION OF RESOLUTIONS OF COMMENDATION AND COMMUNITY SERVICE PLA~UE.q TO FORMER PLANNING COMMISSIONERS HENRY HICKEY, ERNEST HOLDEN AND JOHN SMITH: It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING HENRY HICKEY FOR HIS SERVICE TO THE COMMUNITY AS PLANNING COMMISSIONER RESOLUTION NOo 902 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ERNEST HOLDEN FOR HIS SERVICE TO THE COMMUNITY AS PLANNING COMMISSIONER RESOLUTION NOo 903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING JOHN SMITH FOR HIS SERVICE TO THE COMMUNITY AS PLANNING COMMISSIONER The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Mayor Bowen read Resolution No~ 901 in full and presented it along with a Community Service Plaque to former Planning Commissioner Henry Hiekey. Mayor Bowen read Resolution Non 902 in full and presented it along with a Cormnunity Service Plaque to former Planning Commissioner Ernest Holden. Mayor Bowen read Resolution No. 903 in full and presented it along with a Community Service Plaque to former Planning Corm~issioner John Smith. Councilmen Harvey and Kanel expressed their appreciation to the former Planning Commissioners following which the former Planning Commissioners were invited to make comments to the City Council. Former Planning Commissioners Ernest Holden, Henry Hickey, and John Smith addressed the Council expressing their appreciation for having an opportu- nity to serve the con~nunity as members of the Planning Commission° ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item Noo 4 on the agenda was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Kanode, seconded by Councilman Noe and unani- mously carried to proceed to Item Noo 9 and continue until 8:00 p.m. COMMUNICATION FROM ORANGE COUNI~ COUNCIL OF CAMP FIRE ~IRLS RE: ANNUAL NUT SALE: The City Manager reviewed a communication dated June 26, 1968, 'from Evelyn B~ Donker~ Executive Director of the Orange County Council of Camp Fire Girls, requesting permission to conduct an annual nut sale in Cypress from January 16, 1969, through February 3, 1969. Following discussion, it was moved by Councilman Noe and seconded by Councilman Harvey to grant the request of the Orange County Council of Camp Fire Girls to conduct a nut sale in the City of Cypress from January 16, 1969, through February 3, 1969; and further grant an exemption from a special permit pursuant to Section 15-57 A (1) (B) of the City Code. The motion was unanimously carried by the following roll call vote: City Council Minutes September 10, 1968 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenel, Kanode, Noe, end Bowen None None COMMUNICATION FROM NATIONAL LEAGUE OF CITIES RE: 45TH ANNUAL CONGRESS OF CITIES: The City Manager presented a communication dated August 1, 1968, from 3ames H. J. Tats, President of the National League of Cities, inviting the City Council to participate in the 45th Annual Congress of Cities to be held from December 7-11, 1968, in New Orleans, Louisiana. The City Manager indicated that it was anticipated in preparation of the 1968-69 Budget that if the City did receive a nomination for the All America City Award which is conducted at this Conference, that representa- tives from the City Council would be in attendance at this Conference. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried this communication be received end filed. COMMUNICATION FROM SOUTHERN CALIFOI~NIA WATER COMPANY RE: APPLICATION TO PUBLIC UTILITIES COMMISSION FOR WATER RATE INCREASE: The City Manager reviewed a communication dated August 2, 1968, from Mr. W. C. Welmon, Assistant to the President of Southern California Water Company, notifying the City that on July 30 the Southern California Water Company made application to the California Public Utilities Commission for a rate increase in its Orange County tariff area to offset increased Federal income taxes resulting from the 10% Surcharge imposed by the Revenue and Expenditure Control Act of 1968. The communication also indicated that the water bills would be increased by 2.09% and would be in effect only through the period of the 10% tax Surcharge. In response to a question from Councilman Harvey, the City Manager advised that it would be difficult to determine the action which the Public Utilities Commission would take in the event other utility companies requested increases in revenue to cover the cost of the 10% Surcharge. In response to a question from Councilman Kenode, the City Manager stated that he did not know what action had been taken by other cities relative to this matter. It was moved by Councilman Kanel to receive and file this cormnunication. The motion died for lack of a second, It was moved by Councilman Noe end seconded by Councilmen Kenode to table consideration of this matter for further study by the City Staff. In response to a question from Councilman Harvey, the City Manager stated that as part of the normal procedure, the Public Utilities Commission notifies all agencies concerned as to the scheduling of the Public Hearing end the City Council will have an opportunity to take any action it may feel is appropriate at that time. The City Manager also advised that the Public Utilities Commission conducts a thorough study of the application for rate increase end this information is provided to cities upon request. Councilman Noe's marion to table consideration of this item was then unanimously carried. COMMUNICATION FROM DEPARTMENT OF HOUSING AND COMMI/NITy DEVELOPMENT RE: HOUSING ELEMENT SYMPOSIUM: The City Manager reviewed a communication dated August 9, 1968, from the California Department of Housing and Community Development announcing the conduct of five one-day housing element symposiums during September and urging the participation of the City Council in these symposiums. The purpose of the symposiums is to discuss the requirements of Section 65302 of the Government Code which requires the inclusion of a housing element in all General Plans, effective July 1, 1969. The most local of these workshops will be held in Los Angeles ac the Ambassador Hotel on September 18, 1968, and registration for this Conference is $7.50. City Council Minutes September 10, 1968 It was moved by Councilman Noe and seconded by Councilman Kenode to authorize any of the members of the City Council who can participate to attend the Housing Element Symposium and further to be reimbursed for their actual and necessary expenses. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None COMMUNICATION FROM CITY OF NEWPORT BEACH RE: MASTER PLAN OF AIR TRANS- PORTATION FOR ORANGE COUNTY: The City Manager presented a communication dated August 21, 1968, from the City of Newport Beach which transmitted a Resolution of the Newport Beach City Council endorsing the "Phase I, Master Plan of Air Transportation for Orange County" Report prepared by William L. Pereira and Associates, and urging the Board of Supervisors to act favorably on certain recommendations contained in that Report. The City Manager indicated that based upon his review of the Report, it appears to be an excellent plan for the ultimate air transportation needs of Orange County, with the exception of one phase of the Report dealing with regional airport sites which suggests the possibility of utilizing Los Alamitos Naval Air station as a regional airport. The City Manager also suggested that since the total airport Plan involves several areas of Orange County, it may be advisable for the City to withhold any action in reference to endorsing the Master Plan until a more comprehensive analysis has been made by a County-wide organization such as the Orange County Division of the League of California Cities. Councilman Kenode stated that the Southern California Association of Governments is also undertaking a maJ or study of airports which will affect a number of southern counties. He also indicated that he would prefer to withhold any action on the Master Plan prepared by William Pareira until mere information has been received as to the effect of this Plan on the entire County. It was then moved by Councilman Kenode and seconded by Councilman Noe to receive and file the communication from the City of Newport Beach. As a member of the League of California Cities Committee on Aviation Problems, Councilman Harvey advised that this matter has not been on the agenda of that Committee; however, it is scheduled for consideration. Councilman Kanode's motion was then unanimously carried. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF OFF-SALE BEER AND WINE LICENSE (STOP 'N GO, 5961 CERRITOS): The City Manager advised that notification has been received from the Department of Alcoholic Beverage Control of an application which has been filed for transfer of an Off-Sale Beer and Wine License from Edward P. and Evelyn E. Maloney to National Convenience Stores Incorporated and Richard L0 Siggers, at the Stop 'N Go Market located at 5961 Cerritos Avenue, Cypress. The City Manager advised that based upon an investigation con- ducted onthis application, the Police Department finds no legal basis for protest at this time° It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this notification be received and filed. COMMUNICATION FROM DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL RE: TRANSFER OF OFF-SALE BEER AND WINE LICENSE (STOP 'N GO, 4461 C~RRITOS): The City Manager advised that notification has been received from the Department of Alcoholic Beverage Control of an application which has been filed for transfer of an Off-Sale Beer and Wine License from Lorne H. and Irene E~ Des Rothers to Edward Po and Evelyn Eo Malon~ and National Convenience Stores Incorporated for the Stop 'N Go Market located at 4461 Cerritos Avenue, Cypress. The City Manager advised that based upon aninvestigation conducted on this application, the Police Department finds no legal basis for protest at this time. City Council Minutes September l0t 1968 It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this notification be received and filed. COMMUNICATION FROM CITY OF BUENA PARK RE: OPPOSITION TO FORMATION OF WEST ORANGE COUNTY FIRE SERVICE AREA: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to proceed to Item 17 at this time and to consider this communication after the conduct of the Public Hearings° COMMUNICATION FROM ST. MARY'S HOSPITAL GUILD~ INC. RE: "NIGHT AT THE RACES": The City Manager reviewed a communication dated August 30, 1968, from Mr. Leslie E. Still, Jr., Legal Representative of St. Mary's Hospital Guild, transmitting an application for waiver of admissions tax requested by St. Mary's Hospital Guild, Inc. for the fourteenth annual fund-raising effort known as "Night at the Races" at the Los Alamitos Race Track on October 16, 1968. The City Manager advised that similar waivers of admissions tax have been granted by the City Council in previous years based on the non-profit status of the organization and that the request for waiver of admissions tax is only for those tickets which are sold by St. Mary's Hospital Guild, Inc. It was moved by Councilman Harvey and seconded by Councilman Noe to grant the request and waive the admissions tax for the "Night at the Races" to be held on October 16, 1968, at the Los Alamitos Race Track, as requested by St. Mary's Hospital Guild, Inc. COMMUNICATION PROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated August 30, 1968, from 3ack H. Kimball, District Manager of the Orange County Mosquito Abatement District transmitting the minutes of the meeting of the Board of Trustees held on August 15, 1968. A copy of these minutes is on file in the office of the City Clerk. It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried, this communication be received and filed. COMMUNICATION PROM CONSTITUTION WEEK OBSERVANCE COMMITTEE RE: PROCLAMATION OF CONSTITUTION WEEK: The City Manager reviewed a communication dated September 5, 1968, from Joe Crail, General Chairman of the Constitution Week Observance Committee requesting the Mayor and City Council to proclaim the week of September 17-23, 1968, as Constitution Week in observance of the 181st Anniversary of signing the United State Constitution on September 17, 1787~ It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to authorize the Mayor to proclaim the week of September 17-23, 1968, as Constitution Week in the City of Cypress, following which Mayor Bowen did so proclaim. RECESS: The Mayor declared a recess at 7:59 p.m. The meeting was called back to order at 8:00 p.m., with all City Council members present. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to consider Item No. 25 at this time since there were several young ladies present in the audience who were interested in this item. REPORT ON INVESTIGATION OF NATURE PARK AT CERRITOS AND KNOTT: The City Manager presented a report dated September 6, 1968, summarizing the results of an investigation conducted by the Planning Director and City Manager relative to leasing the property at the southwest comer of Cerritos and Knott from Shell Oil Company for use as a Nature Park by the City. The investigation revealed that this property has been declared surplus property by Shell Oil and is now in the process of being sold; therefore, Shell Oil Company is not in a position to enter into any agree- ment with =he City for use of this property as a park site. City Council ~nutes September 10~ 1968 The report indicated that the southwest corner of Knott and Cerritos does not appear to be the most desirable location or size for a park development of a permanent nature due to the heavy traffic at the intersection and to the fact that the site is located at the City boundary line and is somewhat removed from the adjacent residential property now located within the City of Cypress. The report further indicated that the City has received a tentative map for the dairy property located immediately west of the Country Square Tract; and, as a consideration of the Optional Design Program, it is anticipated that a one-acre park site will be available in the southerly portion of the proposed tract.' AccesS! to this park site will be available by Ferne Avenue from the east and will perhaps provide a suitable open-space area for resi- dents of both subdivisions. It was moved by Councilman Noe and seconded by Councilman Kanode to request the City Manager to advise those persons requesting the study of a Nature Park located at the southwest comer of Cerritos and Knott of the results of this investigation. Councilman Kanel suggested the possibility of conducting a study of the property at the southwest comer of Knott and Cerritos to determine the advisability of changing the zone to a use other than that allowing service stations. Councilman Noe's motion was then unanimously carried. Councilman Harvey stated that there is considerable interest in the zoo developed by Mr. Hettinga, and suggested that possibly a study could be conducted relative to acquisition of and maintenance of this zoo by the City. The City Manager advised that the Planning Commission would be limited as to what action could be taken to acquire this zoo until such time as a map is filed for development of the area. If a map were filed under optional design standards, acquisition of the property for a zoo could be one of the optional design provisions; otherwise, the land would have to be acquired either through purchase or condemnation. It was moved by Councilman Kanel, seconded by Councilman Harvey and unani- mously carried to place this matter on the agenda for consideration as Item 32. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-170 (DIVERSIFIED SHOPPING CENTERS FOR HELMS): The Mayor announced this was the time and place for the Continuation of 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-1 (One-family Residential) to C-2 (General Commercial) on property generally located on the northeast comer of Ball Road and Bloomfield Street, requested by Robert W. and Julia A. Helms, 4417 Country Club Lane, Long Beach, California, by Diversified Shopping Centers, 4533 MacArthur Boulevard, Newport Beach, California, known as Zone Change No, Z-170. The Mayor declared the Public Hearing open and requested the Staff to present its reports. In response to a question from Councilman Kanode, the City Attorney advised that he should disclose his employment with a firmwhich is considering a lease in the proposed shopping center which will be developed subject to the rezoning; however, his employment would not preclude his taking part in the action under consideration. Councilman Kanode advised that he is employed by Alpha Beta Markets which is one of the firms proposing to locate within the area of the subject zone change. The City Manager advised that affidavits of posting, publication and mail- ing of the Public Hearing notices and the affidavit of posting of the Notice of Continuation of the Public Hearing are on file in the office of the City Clerk and no written conm~unications either in favor of or in opposition to the zone change have been received. City Council ~nutes Septe~er lOt 1968 The Planning Director read into the record of the Public Hearing a report dated July 11, 1968, reviewing the extent of the proposed zone change and presenting the reconunendation of approval from the Planning Commission. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the subject zone change. Mr. Ranny Draper, President of Diversified Shopping Centers, 4533 MacArthur Boulevard, Newport Beach, California, addressed the Council speaking in favor of the zone change and indicating that his company proposes to develop the property as a shopping center. He further presented Justification for such a development through population esti- mates and projections for this area, and introduced into the record of the Public Hearing a "Fact Sheet" prepared by Diversified Shopping Centers, Inc. outlining the population projection, tenant prospects and aerial photographs of the area under discussion. Mr. Draper further outlined the benefits of additional sales and property tax which he felt would be received by the City in approvtng the requested zone change. Mr. John Error, Real Estate Representative for Alpha Beta Acme Markets, 777 South Harbor Boulevard, La Habra, California addressed the Council speaking in favor of the zone change and indicating that his firm is presently negotiating a lease with Diversified Shopping Centers and stating that his firm conducts its own population surveys on all proposed shopping center sites; and, based upon their survey of the property under discussion for the change of zone, his firm feels that this site will be an excellent location for a shopping market and they are ready to conunence construction as soon as allowable. In response to a question from Councilman Kanel, the City Manager advised that the area of the zone change does not include the sump area. In answer to an inquiry from Councilman Kanel, Mr. Draper addressed the Council indicating that there is an area set aside for construction of a service station within the proposed development; however, the lease with the proposed oil company has been condittoned to require the architectural design to conform to that of the remainder of the shopping center. Councilman Harvey indicated that he felt the subject area is in need of commercial enterprise and felt the subject development would be an asset to the community. 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 THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL), ZONE CHANGE NO. Z-170 It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None City Council Minutes September 10, 1968 CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-171 (WARSCHAW AND HARVEY): The Mayor announced this was the time and place for the Continuation of Public Hearing to consider an application for amendment to the Zoning Ordinance No. 90 to change the zone of certain parcels of land as follows: Parcel 1--Change the zone from P-M (Planned Manufacturing) to R-1 (One-family Residential) on property bounded on the East by Holder, on the North by the Stanton Storm Channel, on the West by Valley View, on the South by Orangewood; and Parcel 3--Change the zone from R-1 (One-family Residential) to P-M (Planned Manufacturing) on property bounded by Knott on the East, Holder on the West and Katella on the South, requested by Lawrence Ao Harvey, Homer M. Harvey and Carmen H. Warsthaw, 417 South Hill Street, Los Angeles, California, by Louis Warschew, known as Zone Change No~ Z-171. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager advised that affidavits of posting, publication and mailing of the Public Hearing notices and an affidavit of posting of the Notice of Continuation of the Public Hearing were on file in the office of the City Clerk. He then read into the record of the Public Hearing a report dated September 6, 1968, reviewing investigations which have been conducted relative to realigning the School District boundaries in the area of the subject Zone Change which could result in a balance of added residential and planned manufacturing for the Cypress Elementary School District. The report indicated that the Planning Director had discussed the possibility of a boundary realignment with a representative of the Garden Grove Unified School District who appeared receptive to receiving an application from the property owners as the first step in the proceedings. The City Manager then read into the record of the Public Hearing two commu- nications dated August 8, 1968, and September 5, 1968, from the Cypress School District stating its opposition to the change of zone from Planned Manufacturing to Residential. The Planning Director then read into the record of the Public Hearing a report dated August 20, 1968, reviewing the extent of the proposed zone change and presenting the recommendation of approval from the Planning Conmisslon. The report further reviewed the reasons for proposing the realignment of the School District boundaries to make them coincident with the City of Cypress boundary lines in this area in order to preserve the cohesivehess and integrity of the neighborhood. Councilman Harvey stated that although there is a similarity between his nan~ and the name of one of the applicants in this zone change, he has no interest in this property. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the subject Zone Change. Mr. Duke P. Watson, 417 South Hill Street, Los Angeles, California, addressed the Council speaking in favor of the proposed Zone Change and indicating that he felt Parcel 3 would be more suited to planned manufacturing zoning due to its close proximity to a railroad. Mr. Watson further stated that he is willing to cooperate with both the City and the School District in obtaining a realignment of the School District boundaries and that he would be willing to contact the property owners of the areas to be annexed to initiate the necessary proceedings for this annexation. At this time, the City Manager advised that the Council should consider only those matters which are contingent on the zoning matter. The Mayor asked if anyone in the audience wished to speak in opposition to the subject Zone Change. Mro James Graham, 4292 Garnet Avenue, Cypress, addressed the Council as a member of the Cypress School Board reviewing the reasons for the School Board's opposition to the proposed Zone Change. City Council Minutes September 10, 1968 In answer to an inquiry from Councilman Kanel, Mr. Vincent Devaney, District Superintendent of the Cypress School District, addressed the Council advising that the School District may condemn properties in other school districts and may also cross County lines in acquiring needed school property. Mr. Devaney further advised that a change in the school boundaries would involve not only the Garden Grove School District, but also the Anaheim Union High School District. General discussion was held relative to changing the School District bound- aries in the area of the subject Zone Change, following which Councilman Harvey indicated that although he is sympathetic with the need to provide the children living in Cypress with more of an identity with the comunity through school attendance, he would prefer to see a study of the entire area, as to the most ideal zoning for this area and the effect on all the School District boundaries. Councilman Harvey also inquired as to whether it would be more appropriate to zone the area south of Carrites Avenue to a residential use since this would provide a buffer zone between the planned manufacturing and residen- tial zoning. General discussion was held relative to how the request for the Zone Change from planned manufacturing to residential would affect the ultimate development of the property in the industrial area of the City. The City Manager indicated that the main problems with which the City is faced in considering the best zoning for the area under discussion is to maintain the balance of residential and planned manufacturing zoning in the area, and to provide adequate educational facilities for the children who will reside in the residential areas through a balance in the boundaries of the School Districts. He further indicated that economic studies for this area are not available at this time. There being no further written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kenode and seconded by Councilman Nee to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Nee, and Bowen None None Title of the Ordinance is 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, KNOWN AS PARCEL 1 OF ZONE CHANGE NO. Z-171 FROM P-M (PLANNED MANUFACTURING) TO R-L (ONE-FAMILY RESIDENTIAL) It was moved by Councilman Kenode and seconded by Councilman Nee to adopt the first reading of this Ordinance. Prior to voting on the motion, Councilman Harvey indicated that he felt that prior to taking action on individual parcels in this area of the City, an overall study should be made with additional studies by the City Planning Staff. Councilman Kanel stated that he felt the proposed change of zone would be an assistance to the City and that it would maintain the balance of indus- trial and residential zoning in the City since it consolidates the areas in the southern portion of the City which are residential areas. Councilman Kenode concurred in the statements of Councilman Kanel and further stated that zoning the subject property to a residential classi- fication was in the best interests of the City. City Council ~nutes September 10, 1968 Councilman Noe indicated that since the Staff's recommendation of approval was based on a thorough study of the area, he would be in favor of approving the change of zone. Councilman Kanode's motion to adopt the Ordinance was then carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Noe, and Bowen Harvey None It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None Title of the Ordinance is 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, KNOWN AS PARCEL 3 OF ZONE CHANGE NO. Z-171 FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-M (PLANNED MANUFACTURING) It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kanode, Noe, and Bowen NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None RECESS: The Mayor declared a recess at 9:44 p.m. The meeting was called back to order at 9:55 pom., all City Councilmen being present. CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE NO. Z-172 (FLYNN AND MC BRIEN): The Mayor announced this was the time and place for the Continuation of Public Hearing to consider an application for amendment to the Zoning Ordin- ance Now 90 to change the zone of a certain parcel of land from R-1 (One- family Residential) to R-3 (Multiple Family Residential) generally located on the southwest corner of Juanira Street and Orange Avenue, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, authorized agent for Mr. and Mrs. C. H. Flynn and Mr. and Mrs. F. R. McBrien, known as Zone Change No. Z-172. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that affidavits of publication, posting, and mailing of the Public Hearing notices and the affidavit of posting of the Notice of Continuation of the Public Hearing are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the subject zone change have been received. The City Manager further stated that this zone change had been continued from the maeting of August 26, 1968, in order to clarify the contents of the Planning Director's report in reference to this matter. The Planning Director read into the record of the Public Hearing a report dated July 18, 1968, which outlined the extent of the zone change and the Planning Commission's ~ecommendation of approval. City Council Minutes September 10 ~ 1968 Councilman Harvey indicated that he was concerned with the overall develop- ment of the area on Orange Avenue and requested clarification from the Planning Director relative to the feasibility of developing the subject property as a single-family residential use rather than a multiple-family use. He further stated that the residents in that area are concerned with the lack of privacy which would result from having an apartment complex adJacent to residences and further the parking problems which seem to be associated with apartment units. The Planning Director indicated that in connection with the lack of privacy, the Planning Commission had recommended the adoption of an urgency Ordinance which would prohibit the location of a two-story apartment unit closer than 150 feet from the property line of residential developments, which, if approved by the City Council, would prevent the developer of the land under discussion from constructing any structures higher than one story. He further indicated that the height limitations would result in a reduced density in the area; therefore, the traffic generated from the apartment dwelling units would not be increased significantly. The Planning Director further advised that the Traffic Engineer is presently conducting studies as to how to restrict traffic movements on Juanira Street and redtrect the traffic. In answer to a further inquiry from Councilman Harvey, the Planning Director advised that a portion of the property could feasibly be developed as residential units, but this would create the problem of the homes having direct access onto a secondary highway without the benefit of an alley, which would not only be a traffic hazard, but would also JeOpardize the City's participation in the Arterial Highway Financing Program. Councilman Harvey stated that although the 150 foot rear yard setback requirement recommended by the Planning Commission would apply in the subject zone change, he felt it was too extensive in its application to the remaining undeveloped areas of the City. The Mayor asked if anyone in the audience wished to speak in favor of the proposed zone change. Mr. Lee J. Goldin, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council as representative of the applicants, indicating that the property under discussion will not be developed by Larwin Company; however, Larwin Company did propose to acquire a portion of the total property to allow for a more suitable subdivision on the adjacent property. The Mayor asked if anyone in the audience wished to speak in opposition to the proposed change of zone. Mrs. Dorothy Forton, 9732 Juanira Street, Cypress, addressed the Council speaking in opposition to the proposed change of zone due to the fact that she thinks there is presently a sufficient amount of R-3 and R-4 zoning in the area surrounding the Junior College. She further stated that the proposal to require 150 foot rear yard setback would be unfair to the development of other properties in the City. She also indicated that she felt this zone change is connected in some way with the development of Lazwin Company's property. Mr. Lee Goldin addressed the Council indicating that his Company is not buying the property which is the subject of the Public Hearing; but as a condition to the sale of the property southerly of that under discussion, since the property owners would not sell the southerly portion unless the northerly portion is changed to R-3 zoning. Mrs. Ferron indicated that the subject change of zone would be of benefit only to the property owners and would be a detriment to the remaining residential units. She further requested clarification as to the state- monte made relative to Larwin Company's giving the City a park site. The Mayor explained to Mrs. Ferron that a portion of the park site is being donated to the City and a portion is being purchased by the City. City Council Minutes September 10, 1968 General discussion ensued relative to other proposals for development of the subject parcel, following which the Planning Director advised that due to the shape and size of the property, multiple-family residential would be the highest and best use of the parcel, and that if the urgency Ordinance proposed by the Planning Commission were to be adopted, many of the problems of increased traffic could be reduced. Mr~ John Smith, 9399 Esther Street, Cypress, addressed the Council indicating that he felt the property under discussion could be developed equally well as R-1 or R-3 if there was a limitation as to the number of lots on the tract map submitted for development of the property directly south of this tract. Mr. Lee Goldin addressed the Council stating that whether or not the zone change under consideration is approved, Larwin Company is prepared to proceed with their development. He further stated that Larwin Cormparty is donating the park for placement in an area which will benefit the entire subdivision. Mr. Roy Flannery, 10622 Ritter Street, Cypress, addressed the Council speaking in favor of the subject zone change. There being no written con~nunications and no further oral protests, the Mayor declared the Public Hearing closed. Following discussion, it was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None The title of the Ordinance is 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-1 (ONE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL), ZONE CHANGE NOo Z-172 It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the first reading of this Ordinance. In answer to a question from Councilman Harvey, the Planning Director explained that the property on the east side of Juanita Street would not be affected if the proposed 150 foot setback requirement were to be enforced by the City Council since this property is presently zoned for a residential use° Councilman Noe's motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Noe, and Bowen Harvey None Councilman Harvey indicated that he is in favor of the zone change except for the fact that the Council had not acted on the urgency Ordinance pro- viding for the 150 foot rear yard setback adjacent to the residential area prior to consideration of the zone change. He further indicated that this was one area which could be studied by the Staff to determine reason- able and logical setbacks for R-1 and R-3 developments. He further indicated that if a study were undertaken by the City which indicated that a setback of 100 to 150 feet would be appropriate and would be good planning, he would change his vote on this matter. City Council Minutes September 10, 1968 PUBLIC HEARING RE: ZONE CHANGE NO. Z-173 (PLANNING COMMISSION): 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-1 (One-family Residential) to. P-M (Planned Manufacturing) on property generally located southerly of Katella Avenue, northerly of the Stanton Storm Channel, easterly of Holder Street extension, and westerly of Knott Street, initiated by the Cypress Planning Commission, known as Zone Change No. Z-173. The Mayor declared the Public Hearing open and requested the Staff to present its reports, The City Manager read into the record of the Public Hearing a report dated September 6, 1968, indicating that affidavits of posting, publication, and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the Zone Change have been received. The Planning Director read into the record of the Public Hearing a report dated August 9, 1968, outlining the extent of the zone change and the Planning Commission's recommendation of approval. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to this proposed zone change. Mr. Duke Watson, 417 South Hill Street, Los Angeles, California, addressed the Council stating that he had opposed this zone change when it was con- sidered by the Planning Commission; but during the course of consideration, he agrees with the Planning Commission that this change of zone is needed to offset the zoning of the other parcel to residential. Mayor Bowen stated that he had been aware of Mr. Watson's opposition to the zone change through reading the Planning Commission minutes. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None The title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90, BY CHANGINC THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-M (PLANNED MANUFACTURINC), ZONE CHANCE N0. Z-173 It was moved by Councilman Kanode and seconded by Councilmen Noe to adopt the first reading of this Ordinance° The motion was carried by the follow- ing roll call vote: AYES,: 4 COUNCILMEN: Kanel, Kanode, Noe, and Bowen NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Councilman Harvey indicated that he had voted in opposition to the zone change due to the fact that he feels there should be a study made as to the best zoning for the entire area before action is taken on any zoning applications° City Council Minutes September 10, 1968 PUBLIC HEARING P~E: CONDITIONAL USE PERMIT NO. C-213 (DR. CHRISTENSEN): The Mayor announced this was the time and place for the Public Hearing to consider an application for Conditional Use Permit to allow the construction of a single-family dwelling unit with attached interior design studio in the H-C (Highway Commercial) zone, generally located at 9191 Bloomfield Street, Cypress, requested by Paul W~ Christensen, 9191 Bloomfield Street, Cypress California, known as Conditional Use Permit No. C-213. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated September 6, 1968, indicating that the affidavits of posting, publication, and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the requested permit have been receivedo The Planning Director read into the record of the Public Hearing a report dated August 9, 1968, outlining the purpose of the proposed permit and presenting the Planning Commission's recommendation of approval, subject to various conditions° The Planning Director also suggested an additional condition to be placed upon the requested permit if approved, to read as follows: "Building shall conform to Fire Zone 2 Building Code requirements". In answer to a question from Mayor Bowen, the Planning Director advised that the proposed building is a two-story structure. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed permit. 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 Kanode to approve Conditional Use Permit No~ C-213, subject to the following conditions: A division of land application shall be filed and approved prior to the issuance of a building permit for the proposed 2, All dzainage fees shall be paid. The street improvements as required on Bloomfield, shall be constructed in accordance with present City standards~ 4~ Advance street light energy charges shall be paid. 5o There shall be 6 off-street parking spaces provided° The architecture shall be approved by the Architectural Committee of the City° Any signs proposed for the project shall be approved by the Planning Department~ 8. Building shall conform to Fire Zone 2 Building Code requirements. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None COMMUNICATION FROM CITY OF BUENA PARK RE: OPPOSITION TO FORMATION OF WESTERN ORANGE COUNTY FIRE SERVICE AREA: The City Manager presented a communication dated August 29, 1968, from the City of Buena Park transmitting a Resolution of the Buena Park City Council expressing opposition to the proposal that Orange County build and equip a fire station for any municipality in the County of Orange from the Orange County General Fund. City Council Minutes September 10, 1968 The City Manager stated that in reviewing the Resolution, it appears that the City Council of Buena Park was not provided with full information regarding the proposed fire service area since the Resolution does not acknowledge the fact that the proposed fire station was not only to serve the Cities of Cypress, La Palms and Los Alamitos, but was also to augment the fire protection services required for the Orange County unincorporated areas located in Western Orange County. He further stated that apparently the City of Buena Park is not acquainted with the tax program for the Volunteer Fire Services under the Jurisd~ction of Orange County whereby the citizens of Cypress are required to pay a structural fire protection tax in addition to paying the County a fee for each fire call~ The City Manager further reviewed recently enacted State legislation which allows for adjoining cities to share on a percentage basis the sales tax revenues which are derived from the taxpayers of two jurisdis- tions and suggested that since many of the persons residing in Cypress do shop in Buena Park, a formula could be devised to determine what per- centage of the sales tax derived in the various shopping centers near and adjacent to the City of Cypress in the City of Buena Park would come from Cypress customers° It was moved by Councilman Noe and seconded by Councilman Kanode to receive and file the communication from the City of Buena Park and further to advise the Buena Park City Council as to the method of financing and equipping the proposed fire service area. In response to a question from Councilman Kanode, the City Attorney further reviewed the legislation whereby cities can share in the sales tax revenue derived in shopping centers near and adjacent to contiguous cities, following which Councilman Noe's motion was unanimously carried. CONTINUATION OF REQUEST FROM PLANNING COMMISSION RE: REAR YARD SETBACKS FOR APARTMENTS ADJACENT TO RESIDENTIAL ZONING: The City Manager advised that this request from the Planning Commission had been continued from the City Council meeting of August 26, 1968, in order to obtain additional information from the Planning Director. In response to a question from Councilman Harvey, the Planning Director stated that this Ordinance will be effective for only 90 days and is only proposed to allow sufficient time to gather information relative to the most adequate setback for these zones. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 387 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS OF THE CYPRESS CITY CODE LATING TO REAR YARD SETBACKS OF APARTMENT DWELLINGS W~EN IMMEDIATELY ADJACENT TO AND AD3OINING R-1 (ONE-FAMILY RESIDENTIAL) ZONING. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF TENTATIVE TRACT MAP NO. 6653 (LARWIN COMPANY): The Planning Director reviewed a report dated August 21, 1968, reviewing the action taken by the Cypress Planning Commission in its approval of Tentative Tract Map No. 6653 located on the southeast corner of Orange Avenue and Valley View Street, adjacent to Tract 4377, extending to Juanits Street and from 200 feet south of Orange Avenue to Tract 4994 consisting of approximately 27 acres, 139 R-1 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. City Council Minutes September 10, 1968 The Planning Director also presented the original report which was considered by the Planning Commission outlining various conditions to be imposed if the Tentative Tract Map were to be approved. Mro Lee Goldin, representing Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council stating that his Company is in agreement with the 36 conditions as imposedo Following discussion regarding installation of underground gas meters in this Tract, it was moved by Councilman Kanode and seconded by Councilman Noe to approve Tentative Tract Map for Tract No. 6653, subject to the following conditions: Location of all street furniture shall be approved by the City Engineer° 2o Advance street light energy charges shall be paid° The developer shall provide a street lighting system approved by the City Engineer. 4. Street sections as shown on the map are not approvedo Interior street structural sections to be based on recommen- dation and soils report by soils engineering firm acceptable to the City Engineer with T.I. of 5 for streets with 40' of paving and T.I. of 3.5 for streets with 36' of pavingo Drainage shall be solved to the satisfaction of the City Engineer= Park District to pay $30,000.00 for approximately 1 acre (depending on acquisition price). (a) Larwin to dedicate approximately ~44 acres for park site with value to be deducted from optional design contributionl (b) Larwin to put in improvements with part of balance of optional design funds with remainder, if any, to be paid to the City in cash. Amount of improvements and award of contract for improvements subject to approval by City° Agreement with option to purchase between Larwin and Pack District for acquisition of first (4) lots on James Alan Street and Lawrence Street adjacent to park site shall be entered into prior to recordation of the final map~ (d) The eight lots shall be included as lots on the final map~ (e) Assessment of drainage fees on park site shall be sub- ject to the approval of the City Manager~ 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 eight and one-half (8½) feet in depth behind the face of the curb~ All fifty-one foot streets shall be improved with forty feet of paving curb to curb. All forty-seven foot streets shall have thirty six feet of paving curb to curb° 10. Drainage from adjacent properties shall be resolved to the satisfaction of the City Engineer. City Council Minutes SeRtember 10, 1968 11. 12o 13. 14. 15o 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 28. 29. 0. 31. Valley View Street shall be dedicated and improved in confor- mante with the General Plan of Streets and Mighways. Access rights shall be dedicated to the City along Valley View Street. Drainage fees shall be paid in accordance with the Master Plan of Drainage. An ornamental concrete block wall with planting inserts shall be constructed along Valley View Street and along the boundary of property fronting on Orange Avenue. The developer shall construct the Master Plan storm drain from Carbon Creek Channel to the north Tract boundary of Tract 4994° The design andlocation of the storm drain shall be approved by the City Engineer. Funds for design and construction shall be advanced by the developer. Street trees type and size to be determined by City Staff. All streets shall be dedicated and improved within the boundary of the Tract. Five foot sidewalks are permitted ad] scent to the curbs on all interior streets. Four foot tree wells shall be required on all streets having walks adjacent to the curbs, per City standards. Valley View Street parkway shall be developed with an auto- matic sprinkler system and shall be designed so that further extension of the system is possible. The design of the sprinkler system shall be approved by the City Engineer. All lots, excepting that lot to be dedicated for park purposes, shall drain to the front street to minimum 1% grade. Street n--~s as submitted are not approved. The blue border shall be to the centerline of Orange Avenue and Juanlta Street or a Division of Land shall be filed on AP 134-161-9 at the southwest corner of Juanits and Orange prior to recordation of final map. Retaining walls shall be constructed where required by a 1'-0" grade differential on tract boundary. The developer shall provide 38' minimum curb radius on cul-de-sacs, All vehicular and pedestrian access rights adjacent to the lots abutting to Valley View Street shall be dedicated to the City. Cul-de-sac streets shall have a minimum 36' of pavement. Street grades shall be .2% minimum. The developer shall be required to provide a street lighting system approved by the City Engineer. Property line radii shall be to the satisfaction of the City Engineer. Any required retaining walls shall have footings designed for an extension to an ultimate six feet in height. City Council ~nutes September 10, 1968 32. Offer of dedication of Lot "A" along east property line of nursery between Lot 115 and 132 shall be shown on the final map. Ornamental block wall with an opening shall be constructed on the west side of the park site to the satisfaction of the City Staff. 34. The homes shall either be Greenbrook or Contempo models. 35. Dedication or easement for a walkway to the park site, as approved by the City Engineer, shall be provided. 360 All utility service meters and panels shall be located on the property on which they serve on the Contempo models° The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Noe, and Bowen Harvey None CONSIDERATION OF REQUEST FOR AUTHORIZATION TO EMPLOY CONSULTANT FOKL;PRE-' PaTION OF ANNUAL REPORT: The City Manager presented a report dated September 16, 1968, reviewing interviews which were conducted with three public relations firms in reference to preparation of an Annual Report for the City of Cypress. Based on the interwiews and a review of the proposals submitted by each of the firms, the Wallach Company appeared to be the most appropriate firm to employ to prepare the Annual Report. The proposal from the Wallach Company submitted an estimated cost of $2,480 with delivery guaranteed by November 15, 1968. The report also indicated that the Budget allocation for the Annual Report was $1,500; therefore, an additional appropriation of $1,000 would be required. It was moved by Councilman Noe and seconded by Councilman Kanel to accept the proposal of the Wallach Company dated August 30, 1968, in the amount of $2,480 for preparation of the Annual Report and further authorize a trans far of $1,000 from the Reserve for Capital Improvements to the Inter-Departmental Contractual Services Account. In answer to a question from Councilman Harvey, the City Manager explained that in making the Budget appropriation, it had not been anticipated that the number of persons on the mailing service would be increased by as many persons as it has been. Following 8snare1 discussion, Cotmcilman Noe's marion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NDES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Eatode, Noe, and Bowen None None CONSIDERATION OF REQUEST FOR AUTHORIZATION TO O~TAIN DRAINAGE EASEMENT FROM LOS ALAMITOS NAVAL.AIR STATION: The City Manager presented a report dated September 6, 1968, advising of the necessity to acquire a drainage easement across the Los Al~4tos Naval Air Station to the Bolsa Chica Channel in order to provide a drainage solution for Tentative Tract No. 6719. The reportindicated that the Naval Air Station has requested that in lieu of payment for this easement, the City construct a service road improvement at a cost to be based upon two appraisals of the property. Funds for construction of the storm drain will be advanced by Larwin Company subject to later reimbursement under the Master Plan of Drainage program. In response to a question from Councilman Bowen, the City Attorney explained that approval of the construction of this drain will necessi- tate an -mendment to the Master Plan of Drainage. City Council Minute~ September l0t 1968 It was moved by Councilman Noe and seconded by Councilman Kenode to authorize the Staff to proceed to obtain the appraisals of the required drainage easement across the Los Alamitos Naval Air Station and further authorize the City Manager to present a proposal to the Naval Air Station for acquisition of the drainage easement in exchange for the construction of a service road improvement, subject to the guaranty by Larwin Company for payment of all costs in a form approved by the City Manager and the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None REPORT FROM CITY MANAGER RE: REVISED PLANTER WALLS IN TRACT NO. 6222: The City Manager presented a report dated September 6, 1968, advising that the planter walls in Tract No. 6222 have been re-designed by Larwin Company and the City Staff to provide a circular pattern closer to the edge of the curb than previously existed with the rectangular-type planters that had been indicated in the landscape plans. The report also indicated that each of the homeowners was provided with an opportunity to review the new design and has indicated his satisfaction with this new proposal; therefore, those walls which had been previously con- structed have been removed by the Larwin Company and the new planter walls will be constructed in accordance with the revised plan. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to receive and file this report. CONSIDERATION OF REQUEST TO EMPLOY TEMPORARY PUBLIC WORKS INSPECTOR: The City Manager presented a report dated September 6, 1968, reviewing the need to employ a Temporary Public Works Inspector until approximately January 1, 1969, to assist in inspecting the Walker Street Project, Phase II construction. The report also indicated that 80% of the inspections on the Walker Street Project will be involved with construction in County anincorporated area, and therefore, a majority of the salary of the Temporary Public Works Inspector will be subject to reimbursement from Orange County as part of this Project° No request for transfer of funds will be made at this t,ime; however, it is anticipated that an additional budgetary allocation will be requested later in the fiscal year, if required° It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the employment of a Temporary Public Works Inspector until January 1, 1969. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None CERTIFICATION OF EMPLOYMENT LIST--CUSTODIAN: The City Manager presented a report dated September 5, 1968, reviewing the results of an open com- petitive examination which has been conducted for the position of Custodian. It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried to approve the Employment List for Custodian. CERTIFICATION OF EMPLOYMENT LIST--PART-TIME CUSTODIAN: The City Manager presented a report dated September 5, 1968, reviewing the results of an open competitive examination which was conducted for the position of Part-time Custodian. It was moved by Councilman Noe, seconded by Councilman Kenode and unanimously carried to approve the Employment List for Part-time Custodian. ~it7 Council Minutes September 10, 1968 CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.. 19562 THROUGH 19670: It was moved by Councilman Kanode and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 19562 through 19670 in the amount of $102,272o33. Following discussion, the motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Bowen SECOND READING ORDINANCE RE: AMENDMENT TO ZONING ORDINANCE CONCERNING ISSUANCE OF CERTAIN PERMITS: It was moved by Councilman Kanode and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None The title of the Ordinance is as follows: ORDINANCE NO. 388 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CYPRESS CITY CODE TO ADD SECTION 120.2.1 TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS, APPENDIX I TO SUCH CODE, "USES PERMITTED IN ANY ZONE, SUBJECT TO THE APPROVAL OF THE PLANNING DIRECTOr' It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None SECOND READING ORDINANCE RE: ISSUANCE OF DRAINAGE BONDS OF CITY IN THE AMOUNT OF $900,000: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to read the following Ordinance by title only~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None Title of the Ordinance is as follows: ORDINANCE NO. 389 AN ORDINANCE OF THE FOR THE ISSUANCE OF AMOUNT OF $900,000. CITY OF CYPRESS, CALIFORNIA, PROVIDING DRAINAGE BONDS OF SAID CITY IN THE It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF ACQUISITION AND MAINTENANCE OF HETTINGA ZOO: It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to refer this matter to the Staff for a report back to the City Council~ City Council Minutes September 10, 1968 ORAL COMMUNICATIONS: There were no oral communications presented at this time. Upon the request of Councilman Kanel, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place a Resolution of Commendation for an Eagle Scout, on the agenda for consideration at this It was moved by Councilmen Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 905 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BRIANHAWKINS ON REACHING THE RANK OF EAGLE SCOUT The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to adjourn the meeting at 12:00 a.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF T~E CITY ~JF CYPRESS