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Minutes 68-09-23MINUTES OF A JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING COMMISSION HELD September 23, 1968 The Cypress City Council and Cypress Planning Co~mnission conducted a joint meeting at 4:00 p.m. on Monday, September 23, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kanode, Noe and Bowen Commissioners Borders, Cardoza, Evans and Worley ABSENT: Commissioner Davis Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Planning Director George Putnam and Public Works Director Arthur Schatzeder. It was moved by Commissioner Borders, seconded by Commissioner Cardoza and unanimously carried to defer to councilmanic procedures. MINUTES: It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to approve the Minutes of September 10, 1968, as mailed. Planning Commission Chairman Worley declared a recess for the Planning Commissioners at 4:10 p.m. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to go into an Executive Session at 4:10 p.m. to discuss litigation. The meeting was called back to order at 4:36 p.m., with all City Councilmen being present. RECESS: It was moved by Councilman Noe, seconded by Councilman Kanode and unani- mously carried to recess at 4:36 p.m. The meeting was called back to order at 4:40 p.mo in the Employees Lounge, 5275 Orange Avenue, Cypress, with all City Councilmen and Planning Commissioners being present, with the exception of Commissioner Davis. The Planning Director outlined various uninhabited areas which the Planning Commission had recommended for annexation into the City. In response to a question from Councilman Harvey, the City Manager reviewed the action which had previously been taken in attempting to annex those portions of the Glen Park Tract in the northern section of the City which lie within Los Angeles County. Following discussion, it was generally agreed that the Staff would proceed to prepare the necessary documents for annexation of the unin- habited areas on Lincoln Avenue from Grindlay to the easterly City limits, the area on both sides of Walker north of Lincoln and south of the P.E.R~R. tracks and the parcel of property located on the west side of Holder Street south of Lincoln. It was further agreed that the Staff would make a determination as to the best approach relative to annexing inhabited unincorporated areas and obtaining the support of the property owners in these areas to effect the annexations. The Planning Director indicated that the Planning Commission, following discussions with the Garden Grove School District, has initiated a request to change the boundaries of the Cypress Elementary School Dis- trict by annexing a portion of the Garden Grove Elementary School District. City Council Minutes September 23, 1968 53 Councilman Noe indicated that he had received a request for the City Council to appoint a representative on a committee which is being formed to oppose Proposition 9. General discussion was held regarding the advantages and disadvantages of creating the position of Zoning Administrator to make decisions concerning minor zoning matters, such as variances and home-occupation permits. Mr. Paul Wallach of The Wallach Company was introduced to the members of the Planning Commission and City Council by the City Manager and proceeded to outline his plans for preparation of the Annual Report for the City. Mr~ Wallach indicated that he would like a statement from each of the City Councilmen to be used in the Annual Report and would wish to receive them by the adjourned Council meeting of October 2, 1968. RECESS: It was moved by Councilman Kanode, seconded by Mayor Bowen and unani- mously carried to recess at 5:37 p.m. until 7:30 p.m. that evening. The Planning Commission meeting also was adjourned at 5:37 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLER~ OF TH~J CITY (jF CYPRESS ATTEST: SECRE~'~ ~ PLANNfNG'COM~SSION 54 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 23, 1968 Mayor Richard L. Bowen called the meeting to order at 7:30 p.m. on Monday, September 23, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe and Bowen ABSENT: None Also p resent were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistant Gene Poertner, Planning Director George Putnam, Public Works Director Arthur Schatzeder, Police Chief George Savord, Finance Director Jim Grissom, and Administrative Intern Gary Kariker. ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Item No. 1 was a Public Hearing scheduled for 8:00 p.mo, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to proceed to Item No. 2 on the agenda at this time and proceed until 8:00 p.m. COMMUNICATION FROM CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOP- gENT RE: STANDARDS OF LOCAL ORDINANCES: The City Manager reviewed a communication dated August 23, 1968 from Mr. Charles R. LeMenager, Director of the California Department of Housing and Community Development, request- ing the City Council to notify the State that the City has and is enforcing local ordinances prescribing minimum standards equal to or greater than Part 1.5 (commencing with Section 17910), Part 1 (commencing with Section 19000) of Part 3, and Chapter 2 (commencing with Section 19100) of Part 3 of Division 13 of the State of California Health and Safety Code. The City Manager advised that the Building Superintendent has reviewed the communi- cation and advises that the local building codes are equal to or greater than the State requirements. It was moved by Councilman Noe and seconded by Councilman Harvey to authorize the Mayor to sign and the City Clerk to attest the notice to the State Department of Housing and Community Developement that the City has and is enforcing local ordinances with standards equal to or greater than the provisions of Part 1.5 (commencing with Section 17910), Chapter 1 (commencing with Section 19000) of Part 3, and Chapter 2 (commencing with Section 19100) of Part 3 of Division 13 of the State Health and Safety Code. 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 DR. DAVID RIGGS RE: RESIGNATION FROM ADVISORY TRAFFIC COMMITTEE: The City Manager reviewed a communication dated September 10, 1968 from Dr. David Mo Riggs regretfully submitting his resignation from the Advisory Traffic Committee. The City Manager advised that this communi- cation had been considered by the Advisory Traffic Committee at its meeting of September 13, 1968, and the Comanittee had requested that the communication be forwarded to the City Council for appointment of a replacement for Dr. Riggs. In answer to a question from Councilman Harvey, the City Manager advised that Dr. Rtggs will be moving from the City. It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to accept the resignation of Dr. Riggs from the Advisory Traffic Committee and authorize the City Manager to acknowledge this resignation with an appropriate letter of commendation for his services. 55 ~ty Council Minutes September 23, 1968 It was moved by Councilman Harvey, seconded by Councilman Noe and unani- mously carried to utilize the names of those persons who recently applied for the position of Planning Commissioner in selecting a replacement on the Advisory Traffic Con~nittee for Dr~ Riggs~ Mayor Bowen then announced the appointment of Mr. Marshall A, Ricker, 5092 Evergreen Avenue, Cypress, to fill the unexpired term of Dr. David Riggs as a member of the Advisory Traffic Conm~ittee, with said term to expire February 19, 1970. It was moved by Councilman Noe and seconded by Councilman Kanode to concur in the Mayor's appointment of Mr. Marshall A. Ricker to the Advisory Traffic Committee, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: SELECTION OF VOTING DELEGATE AND ALTERNATE FOR ANNUAL LEAGUE OF CA~.IFORNIA CITIES CONFERENCE IN LOS ANGELES: The City Manager reviewed a communication dated September 11, 1968 from Mr. Howard Gardner, Associate Director of the League of California Cities reviewing the new voting procedures to be utilized at the Annual League of California Cities Conference to be held on October 13 through October 16 in Los Angeles and requesting the City Council to designate a voting representative and an alternate voting representative for conduct of the business session of the League at this Conference. Mayor Bowen appointed Councilman Delno Kanode as the voting delegate fo~ the City Council at the business session of the League of Cities Conference in Los Angeles, following which it was moved by Councilman Noe and seconded by Councilman Kanel to concur in this appolntment~ 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 Mayor Bowen then suggested that Councilman Harvey be appointed as alternate voting delegate at the League Conference; however, Councilman Harvey stated that since he does not know whether or not he will be in attendance at the Conference, he would wish to decline the appointment6 Following discussion, it was moved by Councilman Kanel and seconded by Councilman Noe to appoint Mayor Richard Bowen as alternate voting delegate for the City Council at the business session of the League of California Cities Conference in Los Angeles. 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 PACIFIC AIR TRANSPORT~ INC~ RE: SUPPORT OF APPLICA- TION BEFORE PUBLIC UTILITIES COMMISSION FOR AIR PASSENGER SERVICE: The City Manager presented a communication dated September 12, 1968 from Mr. Thomas E. Hanson, Director of Public Relations for Pacific Air Transport, Inc~ requesting the support of the Mayor and City Council in connection with the application of Pacific Air Transport, Inco before the California Public Utilities Commission for the establishment of an air passenger service between Long Beach Airport and the major airports of San Francisco, San Jose, and Oakland. It was moved by Councilman Noe, seconded by Councilman Kanel and unani- mously carried this communication be received and filed~ 56 City Council Minutes September 23, 1968 COMMUNICATION FROM DEP~RTMENT OF HOUSING AND URBAN. DEVELOPMENT RE: APPROVAL OF APPLICATION FOR FEDERAL ASSISTANCE FOR CONSTRUCTION OF STORM SEWER PRO- JECTS: The City Manager reviewed a communication dated September 13, 1968 from Mr. Samuel Wetnstein, Assistant Regional Administrator of the Depart- ment of Housing and Urban Development advising that a Federal Grant in the amount of $558,100 has been approved for the construction of various storm drain projects as outlined in the City's application for assistance under the Basic Sewer and Water Grant Program. The com]nunication also advised that the Contract forms and Grant agreements will be transmitted in the near future and upon execution of these forms, the City may proceed with the storm drain projects. In connection with this matter, the City Manager advised that the City's share of the cost of construction of the storm drain projects will be paid from the revenues received from the sale of the general obligation bonds for which bids will be received on October 2, 1968. The City Manager reported that in order to expedite this project, the City Council should immediately proceed to seek proposals from engineering firms; and, in this regard, the City Manager and Public Works Director, following a review of the qualifications of several engineering firms, would suggest obtaining proposals from Sikand Engineering Associates, Toups Engineering, Inc., and Voorheis-Trindle-Nelson, Inc. The proposals obtained from these three engineering firms would be based on three different phases of the overall storm drain project. Mr. Don J. Martinson, 2321 Monroe Avenue, Orange, California, addressed the Council representing Lowry Engineering Science, 121 East Washington Avenue, Santa Ana, California, indicating his flrm's interest in doing the des ign work for the storm drain projects. He further reviewed his firm's qualifi- cations in the engineering design field and requested the Clt~ Council's consideration of employing his firm for one of these projects. In answer to an inquiry from Councilman Harvey, Mr. Martinson advised that he had submitted a letter and discussed this matter several times with the Public Works Director indicating his interest in this project. In response to a question from Councilman Harvey, the City Manager indicated that the three engineering firms which have been suggested for submitting proposals were determined by the City Manager and Public Works Director to be the most qualified firms and have ex~pressed an interest in storm drain engineering work and were also engineering firms which had previous storm drain design experience in the City of Cypress. Following discussion relative to the method of selecting firms to submit proposals, it was moved by Councilman Harvey and seconded by Councilman Noe to authorize the Public Works Director to seek proposals from the engineering firms of Sikand Engineering, Toups Engineering, Voorheis-Trindle-Nelson, Inc., and Lowry Engineering Science, Inc. The City Manager indicated that the original recom~nendation was based on three separate phases of the engineering work and inquired as to whether or not the intention of the motion to include a fourth engineering firm would be to divide the storm drain project into four phases. The Public Works Director addressed the City Council indicating that he did not feel more than one proposal should be received on any individual project. He further stated that he had made a review of the qualifications of several firms, including Lowry Engineering Science, and had recoum~ended the other three firms based upon this review, and based further on the fact that the recouunended firms have all performed a substantial amount of engineering design work in the drainage districts and are familiar with the drainage problems in the City. The City Manager stated that he and the Public Works Director have received numerous communications from firms who wish to participate in the engineer- ing design work and suggested that if the Council so desired, the top ten firms could be selected and requested to attend a Council meeting to be interviewed by the Council. City Council Minutes September 23, 1968 Following discussion, Councilman Noe withdrew his second to the previous motion. Councilman Harvey withdrew his motion until after the conduct of the Public Hearings. PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION'S IMPQSITION OF CONDI- TIONS 2 AND 12 ON APPROVAL OF CONDITIONAL USE PER~.IT NO, C-215 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an appeal of the action of the Cypress Planning Commission in its imposition of Conditions 2 and 12 on the approval of Conditional Use Permit No. C-215, as requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager stated that the affidavits of posting, publication and mailing of the Public Hearing notices on this appeal are on file in the office of the City Clerk and no written communications either in favor of or in opposition to the appeal have been received. The Planning Director read into the record of the Public Hearing a report dated September 20, 1968 reviewing the extent of the two conditions and the reasons for their imposition. He further reviewed a report dated August 29, 1968 which had been presented to the Planning Commission during its consideration of the Conditional Use Permit. The Planning Director also presented the Staff's recommendation to retain Condition No. 2 as imposed and delete Condition No. 12 from the approval of the Conditional Use Permit. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the imposition of these conditions on the permit approval. Mr. Lee. J. Goldin, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council indicating that Larwin Company would concur in the recommendation of the Staff to retain Condition No. 2 and delete Condition No, 12. Mayor Bowen stated that he and Councilman Harvey were in attendance at the Planning Commission meeting at the time the subject Conditional Use Permit was considered. 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 retain the conditions imposed by the Cypress Planning Commission in its approval of Conditional Use Permit No. C-215 with the exception of Condition No. 12, which will be deleted. 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: It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to go into an executive session at 8:27 p.m. for the purpose of discussing a personnel matter. The meeting was called back to order at 9:01 p.m. with all City Councilman being present. City council Minutes September 23~ 1968 CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RE: FEDERAL GRANT FOR STORM SEWER PROJECT ASSISTANCE: It was moved by Councilman Kanel to authorize the Public Works Director to seek proposals from the engineering firms of Sikand Engineering, Toups Engineering and Voorheis-Trindle-Nelson, Inc. for the storm drain projects to be constructed in accordance with the Federal Grunt with the separate engineering phases to be determined by the Staff. Councilman Noe seconded the above motion indicating that the Council would have an opportunity to further consider this matter upon receipt of the individual proposals at its meeting of October 2, 1968. 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 PUBLIC UTILITIES COMMISSION RE: pUBLIC HEARING FOR CONSIDERATION OF APPLICATION OF SOUTHERN CALIFORNIA EDISON COMPANY FOR RATE INCREASE: The City Manager reviewed a communication dated September 12, 1968 from Mr. William W. Dunlop, Secretary of the Public Utilities Cozmnission of the State of California, notifying the City that a Public Hearing for consideration of the application of Southern California Edison Compuny for a rate increase will be held on Wednesday, September 25, 1968 at 10:00 a.m. in the Commission Court Room of the State Office Building in Los Angeles. It was moved by Councilmun Harvey, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM CYPRESS TWIRLERS RE: USE OF COUNCIL CHAMBERS PLAZA: The City Munager presented a communication dated September 13, 1968 from Mr. Vern Bakke, President of the Cypress Twirlers, expressing the organi- zation's appreciation for being allowed to use the Civic Center for square dancing during the summer months, It was moved by Councilman Noe seconded by Councilman Harvey, and unanimously carried this communication be received and filed. COMMUNICATION FROM CITY OF NEWPORT BEACH RE: APPOINTMENT OF AIRPORT LAND USE COMMISSION: The City Manager presented a communication dated September 16, 1968 from the City of Newport Beach transmitting a copy of Newport Beach City Council Resolution No. 6865 requesting the Board of Supervisors of Orange County to appoint an Airport Land Use Commission. It was moved by Councilman Noe, seconded by Councilman Kanode und unanimously carried to receive and file this communication and to direct the City Manager to suggest to the City of Newport Beach that this proposal be presented to the Orange County Division of the League of California Cities for further study and recommendation. COMMUNCIATION FROM MAYOR OF LONG BEACH RE: SUPPORT FOR ADDITIONAL AIR PASSENGER SERVICE FROM LQNG BEACH AIRPORT: The City Manager presented a communication dated September 16, 1968 from Mayor Edwin W. Wade of Long Beach requesting the Mayor and City Council to appear at the hearing by the Public Utilities Commission on September 30, 1968 in reference to the applications of Pacific Southwest Airlines, Air California, and Pacific Air Transport for air passenger service between the Long Beach and San Francisco Bay Areas and requesting that a statement be prepared to be introduced as evidence at the hearing supporting the need for additional scheduled air service at the Long Beach Airport, particularly between Long Beach Airport and the Bay Area Cities. Councilman Kanode stated that although he would not wish to go on record in favor of an application of any particular airline, he is in favor of obtaining additional air service out of Long Beach Airport since it is closer to the City of Cypress than Los Angeles International Airport. City Council Minutes September 23, 1968 Following general discussion relative to the advantages of increased air service from Long Beach Airport and the effect such air service would have on Orange County Airport, it was moved by Councilman Kanode and seconded by Councilman Noe to direct the City Manager to forward a communi- cation to the Public Utilities Commission notifying them that the City of Cypress is in favor of additional air transport service originating and terminating at the Long Beach Airport. Councilman Harvey then suggested that increased activity at Long Beach Airport may lessen the chances of establishing Los Alamitos Naval Air Station as a regional airport, as suggested in the airport study prepared by William Pereira. Councilman Kanode's motion was then 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 TEHACHAPI RE: INCREASED PROTECTION FOR POLICE AND FIRE PERSONNEL: The City Manager presented a communication dated September 18, 1968 from Mayor J. B. Edmiston of the City of Tehachapi in- forming the City Council of proposed measures which will attempt to offer increased protection to police and fire personnel in the exercise of their duties. The City Manager indicated that this action apparently was prompted by the recent death of the police chief of TehaChapi who was killed while serving a warrant for arrest. It was moved by Councilman Noe and seconded by Councilman Harvey to request the City Manager to express the concern of the City Council for restoring law and order and further to indicate the City Council's support of appro- priate legislation which will enhance the status of both the police and fire personnel in the conduct of their respective duties. In answer to a question from Councilman Kanel, the City Manager stated that an expression of the City Council's consolances in the death of Chief Mantoth would be included in the communication. Councilman Noe's motion was then 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 URGENCY ORDINANCE RE: AMENDMENT T9 ZONING ORDINANCE REGARDL ING NON-CONFORMING BUILDINGS: The City Manager presented a report dated September 19, 1968 outlining the necessity to adopt an urgency Ordinance to amend the Zoning Ordinance to provide that building permits can be issued for repair, maintenance and rehabilitation of existing non-conforming build- ings provided that the estimated cost of such work does not in any calendar year exceed 50% of the assessed value of such buildings and structures on the property; and further, that the work does not constitute an enlargement of such building or structure as to volume or area. The City Manager advised that a regular Ordinance will be initiated immediately with the appropriate public hearings before the Planning Commission and City Council. 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 City Council Minutes September 23, 1968 Title of the Ordinance is as follows: ORDINANCE NO. 390 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90 OF SAID CITY, RELATING TO ZONING REGULATIONS. It was moved by Councilman Noe and seconded by Councilman Kanode and unanimously carried to adopt the above Ordinance. 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 CONSIDERATION OF APPROVAL OF TENTATIVE TRACT MAP NO. 6657 (CLASSIC DEVELOP- MENT): The Planning Director reviewed a report dated September 19, 1968 reviewing the action taken by the Cypress Planning Commission in its approval of Tentative Tract No. 6657 located on the southeast corner of Holder Street and Cerritos Avenue consisting of 37.42 acres and 206 R-1 lots, requested by Classic Development Corporation, P. O. Box 247, Garden Grove, California. In answer to an inquiry from Councilman Kanel, the Planning Director explained two alternative solutions in the development of a park site within the subject Tract which basically would provide for either a one- acre improved park site or a two-acre unimproved site~ The Planning Director further indicated that the Planning Commission felt it more important for the City to have more land set aside as an unimproved park rather than having a smaller amount of land with improvements. Following further discussion, it was suggested that Condition No. 21 be changed to read: "Optional design consideration shall be based on 6% of the gross area of the Tract and the park shall be located between "H" and "E" Streets, extending to "D" Street." It was further suggested to change Condition No. 26 to read as follows: "Bond for dedication of the park site shall be submitted with the initial final map, with dedication to be completed on the second final p It was moved by Councilman Noe and seconded by Councilman Kanode to approve Tentative Tract Map No. 6657, subject to the following conditions: A six foot block wall shall be built on the south and west sides of the park site adjacent to the residential lots, and flood control channel. Vehicular and pedestrian access rights shall be dedicated to the City on Holder Street and Cerritos Avenue with the exception of that parcel shown as "Not a Part" on the Tentative Tract Map. A six foot ornamental block wall shall be built around the perimeter of the tract on Cerritos Avenue, Holder Street, and Lot "~', except in front of that property shown as "Not a Part" on the Tentative Tract Map. 4. Lot "A" shall be dedicated to the City for drainage purposes. All 47' streets shall have 36' of paving curb to curb, and all 51' streets shall have 40' of paving curb to curb, Fifteen gallon trees are required, one per lot and two per corner lot, and one every 40' on the frontage of Cerritos Avenue and Holder, using City of Cypress standard tree wells. Fity Council Minutes September 23, 1968 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Drainage shall be to the satisfaction of the City Engineer and all drainage fees shall be paid in accordance with the Master Plan of Drainage. All utilities shall be underground. All cul-de-sacs shall have a minimum of 38' curb radius and 43~' of property line radius. Water system shall be a circulating type. All utility easements shall be shown on the Tract Map and dedicated to the City of Cypress. Interior street structural sections to be based on recommen- dation and soils report by soils engineering firm acceptable to the City Engineer with a T.I. of 5 for streets with 40' of paving and T.I. of 4.0 for streets with 36' of paving. Location of all street furniture shall be approved by the City Engineer. A three foot parkway easement shall be provided behind and adjacent to all sidewalks on interior streets. This park- way easement shall not extend more than 8~' in depth behind the curb line with the 5' sidewalks permitted adjacent to the curbs on all interior streets. All lots shall drain to the front street with a minimum 1% grade. Street grades shall be .2% minimum. Any required retaining walls shall have footings designed for an extension to an ultimate six feet in height. Holder Street and Cerritos Avenue shall be dedicated and improved as per City standards. Dedication of right-of-way shall include the Cerritos Avenue frontage of that lot shown as "Not a Part". An improvement bond not exceeding two years shall be approved by the City for all frontage not included in a final map and shall include the frontage on the lot indicated as "Not a Part". Developer shall provide a street lighting system for the park area, subject to the approval of the City Staff. Developer shall extend the block wall on Holder and Cerritos to the beginning of the curve on the entrance streets. Optional design consideration shall be based on 6% of the gross area of the Tract and the park shall be located between "H" and "E" Streets, extending to "D" Street. Vehicular and pedestrian access rights shall be dedicated on all lots abutting the park site. The developer shall provide a street lighting system approved by the City Engineer, with advance street light energy charges to be paid. Developer to give written notice to the City of the approximate turn-on date. Access to Holder Street shall be relocated approximately 150' north of existing Ferne Avenue. City council Minutes September 23, 1968 25. Developer shall dedicate an easement 20' wide across the southerly part of the Tract from Tract 4966 to Holder Street for storm drain facilities with the southerly 12' to be used for construction and the northerly 8' to be added to the southerly tier of lots, but shown as part of the storm drain easement, Permanent construction of any type to be prohibited in this 8'. Developer shall pay for the additional height of storm drain channel wall adjacent to the southerly boundary of Tract, with exact amount of contribution to be based on calcu- lated extra quantity of reinforced concrete at unit price in the contract for construction of the storm drain channel. The developer shall make a cash deposit of $5,000.00 at the same time fees are paid for the initial final map to cover the estimated cost of the extra height of the storm drain channel wall~ The 20' easement from Tract 4966 to Holder Street shall be dedicated at the same time the initial final map is sub- mitted to the City. 26. Bond for dedication of the park site shall be submitted with the initial final map, with dedication to be completed on the second final map. 2L A one foot (1') lot shall be offered for dedication to the City on each side of the lot indicated as "Not a Part" on "B" Street. 28~ The model No. 103-2BDR. or equivalent meeting the Code, shall be located on the twelve (12) lots referred to as being in conflict with the setback requirements of the Zoning Ordinance No. 90. 29. The entrance of "E" Circle to Ferns Avenue shall be off-set an additional 46' to the north. 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 CONSIDERATION OF REQUEST FOR ADDITIONAL BUDGETARY APPROPRIATIONS--POLICE DEPARTMENT: The City Manager presented a report dated September 19, 1968 outlining the current personnel and equipment needs of the Police Depart- ment which are required as a result of both the night racing program at the Race Track and the increasing service demands by the expanding popu- lationo The personnel needs include the employment of one additional patrolman who was not authorized in the 1968-69 Budget and the employment at this time of two patrolmen who had been scheduled to be employed in January. Aside from the recruitment of new personnel, there would also be a reorganization within the Police Department which would allow for the creation of an additional sergeant position and an additional detective position as well as the assignment of an experienced patrolman as a motor officer. The equipment needs of the Department consisted of the purchase of an additional motorcycle and the purchase of three additional walkie-talkie units to assist in the area of communications. The City Manager advised that an additional appropriation of $15,272 would be required to implement these needs. It was moved by Councilman Harvey end seconded by Councilman Noe to approve the additional Budgetary requests for the Police Department as outlined and to authorize a transfer of $15,272 from the Reserve for Capital Improvements to the appropriate Police Department accounts. The motion was unanimously carried by the following roll call vote: City Council Minutes September 23, 1968 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF URGENCY ORDINANCE AMENDING ZONING ORDINANCE RELATING TO THE REQUIREMENTS OF STREET DEDICATION AND IMPROVEMENTS: The City Manager presented a report dated September 19, 1968 reviewing the need to amend the Zoning Ordinance to clarify various definitions and to add provision for a written agreement guaranteeing street improvements and dedications in areas where the grade of the street or streets has not yet been deter- mined and in areas where the proposed buildings or structure construction or reconstruction constitute an interim use only. Following discussion, it was moved by Councilman Noe and seconded by Councilman Harvey to read the following Ordinance by title only. The motion was unanimously carried by t~e 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. 391 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CERTAIN OF THE ZONING REGULATIONS OF THE CITY, It was moved by Councilman Noe and seconded by Councilman Harvey to adopt the above 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 APPOINTMENT TO FLY ABATEMENT BOARD: The City Manager presented a report dated September 19, 1968 advising that with the appoint- ment of Robert Cardoza to the Planning Commission, a vacancy has been created on the Fly Abatement Board and reoommending that the City Council consider filling this vacancy as soon as possible. It was moved by Councilman Kanode, seconded by Councilman Noe and unani- mously carried that the Mayor utilize the names of those persons who recently applied for the position of Planning Commissioner in selecting a replacement of Commissioner Cardoza on the Fly Abatement Board. Mayor Bswen appointed Dr. John L. Rich, 4162 Dover Circle, Cypress, to the Fly Abatement Board to fill the vacancy left by Planning Commissioner Cardoza, following which it was moved by Councilman Noe and seconded by Councilman Kanode to concur in this appointment subject to the acceptance by the appointee. 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 TRAFFIC COMMITTEE RECOMMENDATION--PEDESTRIAN WALKWAY AT ORANGE AND DENNI: The City Manager presented a report dated September 13, 1968 reviewing the recommendation from the Advisory Traffic Committee to appropriate sufficient funds for construction of an asphalt sidewalk to be located on an easement to be obtained from Anaheim Union High School District adjacent to their property on the northwest comer of Orange Avenue and Denni Street° Construction of this sidewalk would allow the children attending Landell School during the current school term to use this means of access to Orange and Denni where a crossing guard is located and would also allow the City Council Minutes September 23, 1968 children who will be attending the Arnold School next year to walk on the north side of Orange Avenue without encountering the hazards which exist at the present time in the unimproved area of Orange Avenue° In order to implement the recommendations of the Advisory Traffic Committee, it would be necessary for the City Council to appropriate an additional $1,500 for the construction of the sidewalk which will be completed by the City's Maintenance Division. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the recormnendation of the Advisory Traffic Committee for construc- tion of an interim asphalt sidewalk on the north side of Orange Avenue to Denni; and further authorize a transfer of $1,500 from the Reserve for Capital Improvements to the Street Maintenance Division Special Department- tal Supplies Account. 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 TRAFFIC COMMITTEE RECOMMENDATION RE: CROSSING GUARD AT ORANGE AND GRINDLAY: The City Manager presented a report dated September 19, 1968 reviewing the recommendation of the Advisory Traffic Committee for placement of a crossing guard at the intersection of Orange Avenue and Grindlay Street and to appropriate an additional $900 for the remainder of the 1968-69 fiscal year to cover the cost of employment of this crossing guard. This recommendation was based on a request from Mr~ Hunt, Principal of the Cypress School and was prompted by the fact that the fourth, fifth, and sixth graders residing south of Orange Avenue now are required to walk to the Cypress School. The City Manager advised that in addition to the students of the Cypress School, the intersection is also used by the students residing south of Orange Avenue who attend the St. Irenaeus Parochial School. In response to a question from Councilman Kanode, the City Manager and Public Works Director advised that a study had been conducted at the inter- section of Orange and Grindlay which indicated that there was not sufficient volume of traffic on Grindlay to warrant the installation of a four-way stop~ The Public Works Director also advised that traffic volume on Grindlay Street was increased only during certain hours of the day, i.e., when school is in session and this was another reason the intersection did not meet the warrants for a four-way stop~ It was moved by Councilman Kanode and seconded by Councilman Noe to authorize the placement of a crossing guard at the intersection of Orange Avenue and Grindlay Street and to further authorize the transfer of $900 from the Reserve for Capital Improvements to the Crossing Guard Salaries Account. 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 TRAFFIC COMMITTEE RECOMMENDATION RE: SPEED LIMIT ON JUANITA STREET: The City Manager presented a report dated September 19, 1968 reviewing the recor~nendation of the Advisory Traffic Committee, based on the studies conducted on Juanita Street between Orange and Ball Road, to reduce the speed limit on Juanira Street from 35 m.p.h. to 25 m.p.h. in an attempt to reduce the amount of through traffic utilizing Juanira for access to the Junior College. The City Manager advised that this could be accomplished through the adoption of an Ordinance deleting Juanita Street from the 35 mile per hour zone in the City Code. It was moved by Councilman Harvey and seconded by Councilman Noe to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: City Council Minutes September 23~ 1968 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 REPEALING SECTION 16-85, OF CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, AND ADDING SECTION 16-85 TO THE CODE OF THE CITY OF CYPRESS, CALIFORNIA, FOR IN- CREASING STATE SPEED LIMIT IN CERTAIN ZONES. It was moved by Councilman Harvey and seconded by Councilman Nee to adopt the first reading of this Ordinance. The motion to adopt was then 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 APPROVAL OF AGREEMENT WITH TEXACO INC. AND SOUTHERN CALIFORNIA EDISON COMPANY RE: STREET DEDICATION, DRAINAGE EASEMENT AND STREET IMPROVEMENTS: The City Manager presented a report dated September 19, 1968 reviewing discussions which have been conducted with representatives from Texaco Inc., Southern California Edison Company, and the City Staff in an attempt to develop an agreement guaranteeing the dedication of the required street rights-of-way, the installation of improvements, and the granting of easements for drainage purposes which will be required as a part of the Master Plan of Drainage program in connection with a request for a building permit by Southern California Edison Company for work required at the Texaco Tank Farm in reference to the storage of oil. The City Manager reviewed the contents of two proposed Agreements to be entered into by the City with both Texaco Inc. and Southern California Edison Company. The first Agreement guarantees the granting of certain easements for street improvements and the completion of certain street improvements required pursuant to the issuance of a building permit~ The second Agreement waives certain of the required street improvements pursuant to the issuance of a building permit in consideration for the granting of a storm drain easement required for construction of a portion of the Master Plan of Drainage facilities. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize the Mayor to sign and the City Clerk to attest the Agreement waiving certain of the improvements required as a condition of issuance of a building permit for Southern California Edison Company and Texaco Inc. 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 It was moved by Councilman Noe and seconded by Councilman Kanode to authorize the City Manager to enter into an Agreement on behalf of the City with Southern California Edison Company and Texaco Inco for installation of certain street improvements required as a condition of issuance of a building permit. 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 ~eptember 23, 1968 CERTIFICATION OF EMPLOYMENT LIST--SECRETARY: The City Manager presented a report dated September 20, 1968 reviewing the results of an open compe- titive examination conducted for the position of Secretary. It was moved by Councilman Kanode, seconded by Councilman Noe and unanimously carried to certify the employment list for Secretary as submitted. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 19671 THROUGH 19785: It was moved by Councilman Noe and seconded by Councilman Kanode to approve the Conmercial Warrant List for Warrants No. 19671 through 19785 in the amount of $49,683,70. 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: ZONE CHANGE NO. Z-170 (DIVERSIFIED SHOPPING CENTERS AND HELMS): It was moved by Councilman Kanel and seconded by Councilman Kanode 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. 392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE. BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL); ZONE CHANGE NO. Z-170 It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the second reading of the above 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: ZONE CHANGE NO. Z-171 (WARSCHAW ET AL): It was moved by Councilman Kanel 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. 393 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND, KNOWN AS PARCEL 1 OF ZONE CHANGE NO. Z-171 FROM P-M (PLANNED MANUFACTURING) TO R-1 (ONE-FAMILY RESIDENTIAL) In response to a question from Councilman Kanode, the City Manager stated that Mr. Watson and the Planning Director had met with a representative from the Garden Grove School District at which time it was agreed that the study of the boundaries of the Cypress School District in the southern area of the City should be initiated by the Cypress Planning Cormmission. City Council Minutes September 23, 1968 It was moved by Councilman Kenode and seconded by Councilman Kanel to adopt the second reading of the above Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None and Bowen SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-171 (WARSCHAW ET AL): 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 Title of the Ordinance is as follows: ORDINANCE NO. 394 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND, 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 second reading of the above Ordinance. 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 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-172 (FLYNN AND MC BRIEN): It was moved by Councilman Kenode and seconded by Councilman Kanel 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 Title of the Ordinance is as follows: ORDINANCE NO. 395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO R-3 (MULTIPLE-FAMILY RESI- DENTIAL), ZONE CHANGE NO. Z-172 It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Noe, and Bowen NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-173 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Kenode and seconded by Council- man Kanel to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: City Council Minutes September 23, 1968 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. 396 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (ONE-FAMILY RESIDENTIAL) TO P-M (PLANNED MANUFACTURING) ZONE CHANGE NO. Z-173 It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the second 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 ORAL COMMUNICATIONS: There were no oral communications presented at this time. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to place the appointment of a Council represen- tative to serve on the committee campaigning against Proposition No. 9 on the agenda for consideration at this time. Councilman Noe indicated that he had received a call from Charles Pearce of the City of Anaheim requesting the Council to appoint a representative from the City Council to serve on a committee which has been formed to oppose Proposition No. 9- It was moved by Councilman Noe and seconded by Mayor Bowen to appoint Councilman Delno Kanode as the Council's representative on the committee which has been formed to oppose Proposition No. 9. Councilman Kanel stated that he would vote in favor of Councilman Kanode's appointment to this committee; however, this favorable vote does not mean that he is opposed to Proposition No. 9. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanet, Kanode, Noe, and Bowen None None In response to an inquiry from Councilman Kanet relative to which agency is responsible for correcting a water-ponding situation on property to the east of Carob Street north of Crescent Avenue, the City Manager ad- vised that this property is in the County of Orange and indicated that the Staff would contact the County for assistance in resolving the problem. In answer to an inquiry from Councilman Harvey, the City Manager reviewed the status of the Fire Service Area proposal. There being no further business to come before the Council, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to adjourn the meeting at 10:46 p.m. to Wednesday, October 2, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress. City Council Minutes September 23, 1968 MAYOR OF THE CITY OF CYPRESS ATTEST: ci~ c P~ OF T~ City oF cYP~ss LE