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Minutes 69-09-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 22, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 pomo on Monday, September 22, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tom John Kanel presiding. PRESENT: Councilmen Bowen, Kanel and Noe ABSENT: Councilmen Harvey and Mayor Kanode Also present were City ManagerZCity Clerk Darrell Essex, City Attorney James Eo Erickson and the following members of the City Staff: Dunlap, Grissom and Poert~ero It was moved by CoUncilman Bowen~ seconded by Councilman Noe and unanimously carried to continue consideration of the Minutes until the arrival of Council- man Harvey and Mayor Kanode. General discussion was held regarding arrangements for attendance at the various activities of the Annual League of California Cities Conference in San Francis co from September 28, 1969 through October 1, 1969. Councilman Bowen stated that he would prefer to attend the Congress of Cities Conference to be held in Ssm Diego in December, and it was generally agreed that this Conference would be of benefit to all members of the Council. The City Manager advised that Mayor Kanode had discussed with Supervisor Phillips the possibility of meeting Jointly with the City Council and had further suggested the possibility of including the City of La Palma in this meeting~ Councilman Kenel reviewed a request he had received to investigate the possi- bility of installing a crosswalk across Walker Street at the intersection of Lima Avenue to provide additional access for school children walking to Cypress and Sto Irenaeus Schools. He also requested the Staff to investigate the possibility of installing a walkway on a portion of the north side of Orange Avenue to provide safer access for pedestrians and school children. The City Attorney reviewed the procedures whereby the City could require property owners to proceed with the installation of sidewalks adjacent to their property. Councilman Bowen stated that he has received complaints from residents on Vista Sierra relative to parents who drive their children to school using this street as a short cut from Walker to Grindlay and indicated that this additional traffic presents a hazard for other small children in the area. Councilman Kanel then reviewed a problem which exists at Rome Avenue and Walker Street as a result of cars speeding around the curves and inquired into the possibility of installing "Slow, Watch for Children" signs. The City Manager Stated that the request for a crosswalk across Walker at Lime Avenue, the problem of cars cutting through Vista Sierra to reach Grindlay Street and the problem of speeding cars at Rome and Walker would be presented to the Advisory Traffic Committee for consideration at its next meeting. He further indicated that the Staff would pursue the possi- bility of requiring the property owners on the north side of Orange west of Walker Street to install sidewalks adjacent to their properties. RECESS: It was moved by Councilman Noe, seconded by Councilmen Bowen and unanimously carried to recess at 4:17 pom. The molering was called back to order at 4:26 p.m., all City Councilman present, with the exception of Mayor Kanode. c~ty Counci~ Mtnu~es September 22, 1969 It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of August 26, 1969 as mailed° It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of September 3, 1969 as mailed° It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Regular Meeting of September 8, 1969 as mailed° It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proceed to Item No. 6 at this time. COMMUNICATION FROM TRANSPORTATION ASSOCIATION OF. SOUTHERN CALIFORNIA TOPICS PROGRAM: The City Manager reviewed a communication dated September 5, 1969 from Mr. John Wo Shaver, Secretary of the Transportation Association of Southern California, transmitting a copy of a R~solution adopted by the Executive Board of TASC requesting the City Council's assistance in revising and decreasing the excessive procedures and controls developed for the TOPICS Program° The City Manager reviewed the extent of the added procedures and advised that the Public Works Department upon completion of its review of the contents of the Resolution has advised that the problems outlined are realistic and would concur in the contents of the Resolution. It was moved by Councilman Noe and seconded by Councilman Harvey to concur in the contents of the Resolution from the Transportation Association of Southern California and to request the City Manager to notify the Depart- m ent of Transportation of the Federal Government and the appropriate legislators from this area of the City Cooncil's position on this matter. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMAN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kanode COMMUNICATION FROM ORANGE COUNTY MgSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated September 12, 1969 from 3r. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Minutes of the Board of Trustees Meeting held August 21, 1969. A copy of these Minutes is on file in the office of the City Clerk. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this communication be received and filed. COMMUNICATION FROM PROGRESS '80 STEERING COMMITTEE HE: CYPRESS IDENTIFICATION DAY: The City Manager reviewed a communication dated September 12, 1969 from Mr. Wes Phillips, Chairman of the Steering Committee of the Goals Pro- gram, requesting the City Council to declare Saturday, October 4, 1969, as "Cypress Identification Day." It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proclaim Saturday, October 4, 1969 as "Cypress Identification Day" following which Mayor Pro tem Kanel did so proclaim. C. OM~ICATION FROM TANGLEWOOD NORTH HOMEOWNERS ASSOCIATION lIE: "FLAG DAY FOR TANGLEWOOD": The City Manager reviewed a communication dated September 13, 1969 from Mr. G. A. Hebert of the Tanglewood North Homoowners Association inviting the City Council and Staff to attend the flag pole dedication cere- monies in Tanglewood North to be held on October 25, 1969 and requesting the City Council to proclaim October 25, 1969 as "Flag Day for Tanglewood." -2 - City Council Minutes September 22,196~[5~ It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to proclaim Saturday, October 25, 1969 as "Flag Day for Tanglewood," following which Mayor Pro tom Kanel did so proclaim. COMMUNICATION FROM WOMAN'S CLUB OF CYPRESS RE: CYPRESS ANTI-LITTER WEEK: The City Manager presented a communication dated September 13, 1969 from Mrs~ John Leneker, President of the Woman's Club of Cypress, reviewing the proposed program for the 1969 Beautification Program in Cypress which will include a poster contest and other beauttfication activities, and requesting the Mayor and City Council to proclaim the week of November 3, through November 8, 1969 as "Cypress Beautification Week." The City Manager advised that the Woman's Club subsequently requested that this week be proclaimed "Cypress Anti-Litter Week" since this year's program has been divided into two phases with the beautification phase to be held in the spring and the anti-litter phase to be held in the fall. It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to proclaim the week of November 3 through November 8, 1969 as "Cypress Anti-Litter Week," following which Mayor Pro tom Kanel did so proclaim. RECESS: The Mayor Pro tom declared a recess at 4:57 p.m. The meeting was called back to order at 4:58 p.m., all City Councilman present, with the exception of Mayor Kenode. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to proceed to Items No. 17 and 18 at this time. CONSIDERATION OF REQUEST FOR CITY'S PARTICIPATION IN IMPROVEMENT OF ALLEY SOUTH OF LINCOLN EAST OF WALKER: The City Manager presented a report dated September 11, 1969 from the Public Works Director reviewing a proposal for the City's participation in the construction of an alley extending from Walker Street to the east property line of Automan Management, Inc. at 5592 Lincoln Avenue, which is estimated to cost $1,800. It was moved by Councilman Bowen and seconded by Councilman Harvey to approve participation by the City in the improvement of the alley south of Lincoln from 330 feet east of Walker to 589 feet east of Walker and to authorize the expenditure of $1,800 to cover the City's share of the construction to be funded from the Miscellaneous Street Improvement Account. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 1 COUNCILMEN: Bowen, Harvey, Kanel and Noe None Kenode CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22165 THROUGH 22310: It was moved by Councilman Noe and seconded by Councilman Bowen to approve the Commercial Warrant List for Warrants No. 22165 through 22310 in the amount of $200,857.37. In response to an inquiry from Councilman Noe relative to Warrant No. 22303, the Finance Director explained that this expenditure was required to repair the underground lighting system at Cypress College which was disrupted during the process of planting trees. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Noe NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Kenode EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to go into an Executive Session at 5:08 p.m. for the purpose of discussing pending litigation. The meeting was called back to order at 5:15 p.m., all City Councilmen present with the exception of Mayor Kenode. - 3 - 456 City C6~mcil Minutes September 22, 1969 The City Manager reviewed the status of the Los Alamitos Naval Air Station expansion program and indicated that a representative from a public relations firm has offered his assistance to the City in pursuing this matter and has arranged a meeting with Congressman Hanna to discuss the City's position on this matter, MAYOR FANODE ARRIVED AT 5:18 P.M., TOOK HIS PLACE ON THE PODIUM AND PRE- SIDED OVER THE REMAINDER OF THE MEETING. General discussion ensued relative to the proposed meeting with Congressman Hanna and to the establishment of a citizens' committee to initiate further citizen participatioR i~ th'is effort. The City Manager advised that the City has the names and addresses of persons residing both within Cypress and within other comunities who wish to assist the City in preventing the expansion of the Naval Air Station. The City Manager reviewed the discussions which took place in meetings with the representatives of the petitioners who oppose construction of multiple family dwellings at the southwest comer of Lincoln and Dennt. He further reviewed statements which were made by a representative from the Cypress Elementary School District at a meeting of the Economic Environment ComnLtttee of the Goals Program in which it was indicated that construction of multi- ple family units would not affect the School District's ability to provide adequate school facilities for the students. The City Manager stated that Mr. Koppang had artended this meeting and has since advised his office that the optional design subdivision proposal which was submitted by the developer as an alternative to the standard subdivision map is satisfactory to most of the residents who had originally signed the petition. Councilman Harvey reviewed the information he had gathered from an independent survey of the persons who had signed the petition, specifically in regard to their understanding of the intent of the petition and their reasons for opposing multiple family developments. The City Manager then reviewed the plans for development of the subdivision at the southwest corner of Lincoln and Denni under the optional design pro- visions of the Subdivision Ordinance which would allow the Council greater flexibility in the imposition of conditions. RECESS: It was moved by Councilman Kanel, seconded by Councilman Bowen and uanimously carried to recess at 5:35 p.mo, until 7:30 p.m. that evenlng~ CALL TO ORDER: The Mayor called the City Council meeting back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilman Bowen, Harvey, Kanel, Noe and Kenode ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, 3olley, Poertner, Putnam, Savord and Schatzeder. PLEDGE OF AI~LEGIANCE: Boy Scout Troop 160 of Cypress led the City Council and audience in the Pledge of Allegiance. CONSIDERATION OF AWARD OF CONTRACT FOR TREE REMOVAL P~OGRAM, CITY PROJECT NO. 7008-90-0000: The City Manager presented a report dated September 22, 1969 from the Public Works Director reviewing the results of a bid opening which was held on September 22, 1969 for the removal of trees at various locations within the City. The report indicated that of three bids received, American Tree Service of Compton, California, submitted the lowest and best bid in the ~mount of $3,974.00, which is approximately 45.5% below the Engineer's estimate. City Council Minutes 457 September 22, 1969 It was moved by Councilman Harvey and seconded by Councilman Noe to de- tentins that the lowest and best bid for the removal of trees at various locations within the City was submitted by American Tree Service, 2509 North Santa Fe, Compton, Cali fornia, as per their proposal dated September 18, 1969 in the amount of $3,974.00 and to authorize award of the contract for this project to American Tree Service° Councilman Kanel requested that the Public Works Department oversee this program to assure that trees will not be removed indiscrtminately, following which, Councilman Harvey's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None ORAL COMMUNICATIONS: Mr~ Richard Koppang, 4024 Berwick Court, Cypress, California addressed the Council inquiring as to the possibility of considering the optional design subdivision map for Tract No. 5983 prior to conduct of the Public Hearings, and further inquiring as to whether public testimony will be received on this matter. The City Council generally agreed that testimony would be received from the audience during consideration of Tract No. 5983 and that this item would be considered after the Public Hearings. Since Item Noo 2 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to proceed to Item No. 13 and continue until 8:00 p.m. CONSIDERATION OF SUBMITTAL OF PROJECTS FOR INCLUSION IN ORANGE COUNTY FLOOD CONTROL DISTRICT CONSTRUCTION PROJECTS FOR ~970-71 FISCAL YEAR: The City Manager presented a report dated September 18, 1969' from the Public Works Director requesting authorization to submit three projects to the Orange County Flood Control District's Advisory Committee for inclusion in the 1970-71 program of the Flood Control District. These projects consist of (1) the Knott-Cerritos Storm Drain, estimated to cost $178,000, which will extend from the Jonathan Storm Channel on the south to the intersection of Cerritos and Knott, (2) the Orangewood Storm Drain, estimated to cost $145,000, which will extend from Valley View to the end of the existing box structure west of Valley View and (3) the Storm Drain to be constructed in the ex- tension of Walker Street to Katella Avenue and southerly to the Bolsa Chica Channel, which is estimated to cost $474,000. It was moved by Councilman Bowen and seconded by Councilman Noe to approve the forwarding of a request to the Orange County Flood Control District for the following three projects for consideration of inclusion in the 1970-71 Budget: C02 PO3, Knott--Cerritos Storm Drain in Knott Street. CO2 PO1, Complete the Orangewood Storm Drain in Orangewood Avenue. 3. CO2 PO2 in the extension of Walker Street across Katella Avenue to the Bols a Chica Channel. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF PROGRESS REPORT RE:. OPPOSI~IO~ T9 LOS AL.AMITOS NAVAL AIR STATION: The City Manager presented a report dated September 18, 1969 re- viewing the results of the meeting which was held with representatives from the Cities of Los Alamitos, Seal Beach, Stanton, Garden Grove and Westminster to dis cuss the proposed expansion program of the Los Alamitos Naval Air Station. -5 - 458; City Council Minutes September 22, 1969 The City Manager then reviewed subsequent action which has been taken by other Cities relative to this matter and plans to conduct further meetings with various agencies and individuals, including Congressman Hanna, to arrive at a solution to this problem· He also suggested that the City CounCil may wish to consider the appointment of a citizens' steering co~-- mittee to coordinate the activities of the citizens of Cypress in this matter and stated that the City has on file the n~me_s and addresses of persons from Cypress as well as other communities indicating their desire to participate in this matter. Following discussion as to which Cities and agencies have been informed of the City Council's position on the Naval Air Station, it was moved by CooncilmanKanel, seconded by Counciln~h-i Noe and unanimously carried to request the City Manager to transmit copies of the Resolution opposing the Los Al~m/tos Naval Air Station land expansion program to the appropriate school districts requesting them to forward this information to their respective P.T.A.'s and informing them of the meetings which have been conducted to date on this matter. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to receive and file the Progress Report from the City Manager re- garding the status of the Los Alamitos Naval Air Station Expansion. CONSIDERATION OF ACCEPTANCE OF I.MPROVEMEN~S AND P~LEASE OF BONDS--TRACT NO. 6.22a (LARI4IN COMPANY): The City Manager presented a report dated September 15, 1969 from the Public Works Director advising that the public im~rove- n~nts in Tract No. 6222 have been satisfactorily completed in accordance with plans and specifications, and reviewing certain items which should be completed prior to release of the public improvement bonds· Councilman Bowen stated that the paving in the curbs in front of his and his neighbors' homes is cracking and inquired as to whether the developer would be required to replace this paving· The Public Works Director advised that prior to release of the faithful performance bond, the Public Works Inspector will inspect this Tract and if there are very evident separations in the paving, the developer will be re- quired to repair these before the bonds will be released. It was moved by Councilman Harvey and seconded by Councilman Kanel to accept the public improvements in Tract No. 6222 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the mon,-n=ntation and labor and materials bonds upon expiration of their required lien periods, providing no mechanic!s liens are filed, with the faithful performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, subject to the completion of the following conditions: A~reement between the owner of AP #244-331-16 and the developer for the drainage of the subject property satisfactory to the City Engineer. 2. Planting and establishment of ground cover on the slopes at the e~d of Vista Mass. 3. Certification of street trees by the developer's landscape architect. In response to a question from Councilman Bowan, the Public Works Director advised that the certification from the daveloper's landscape architect r p f Councilman Harvey's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowan, Harvey, Kenel, Noe and Kenode None None 6 45.9 City Council Minutes September 22, 1969 CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS--TRACT NOo 6212 (LARWIN COMPANY): The City Manager presented a report from the Public Works Director indicating that the public improvements in Tract No. 6212 have been satis factorily completed in accordance with the plans and specifications and advising that the faithful performance, labor and materials and m~numentation bonds may be released following completion of the required lien periods. It was moved by Councilman Bowen and seconded by Councilman Kanel to accept the public improvements in Tract No. 6212 as being satisfactorily com- pleted in accordance with plans and specifications and to authorize the City Clerk to release the menumentation, labor and materials bonds upon expiration of their required lien period, providing no mechanic's liens have been filed, with the faithful performance bond to be held for or~e year from the date of acceptance to guarantee against any defects in material or work~hnship. The metton was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONTINUATION OF PUBLIC ~RARING RE: ANNEXATION NO. 69-3 LOCATED ON THE SOUTH SIDE OF LINCOLN WEST OF VALLEY VIEW: The Mayor announced this was the time and place for the continuation of Public Hearing to hear obJ ections from owners of real property within Annexation No. 69-3 located on the south side of Lincoln Avenue west of Valley View Street to the proposed Annexation. The Mayor stated that the Public Hearing was open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated September 18, 1969 indicating that the original affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, along with the affidavit of post- ing of the Notice of Continuation of this Public Hearing. The report fur- ther indicated that an additional connnunication has been received from Mrs. Clara Coldstein, reaffirming her opposition to the subject Annexation. The City Manager indicated that the major property owner has advised that regardless of the desires of the tenants on his property, he would prefer to have the property remain in County unincorporated area at this time. The City Manager stated that since the assessed valuation of this property, along with the other properties on which protests to the Annexation have been issued, exceeds 51% of the assessed valuation of the area proposed for annexation, it appears that the City Council has no alternative but to find that a majority protest has been made. He further indicated that the Staff would pursue the possibility of annexing the two parcels on which no protests have been made. There being no further written communications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman Bowen to de- termine that a majority protest has been made in the proceedings for Annexation No. 69-3. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None In answer to a question from Mayor Kenode, the City Manager advised that there are two property owners, whose properties are contiguous to the City, one of which is the proposed location of the Cypress Post Office , who have previously indicated their desire to be annexed to the City. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the City Manager to proceed with the preparation of the necessary maps for annexation of the two parcels of property on the south side of 7 City Council Minutes September 22, 1969 Lincoln Avenue contiguous to the boundaries of the City. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None PUBLIC HEARING RE: ZONE CHANGE NO. Z-181 (AN~.EXATION NO. 69-3.): The Mayor announced that this was the time for the Public Hearing to consider re- zoning of Annexation No. 69-3 located generally on property on the south- west comer of Lincoln Avenue and Valley View Street from County C-2 (General Commercial) to H-C (Highway Comm%ercial), known as Zone Change No. Z-181. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated September 18, 1969 indicating that the affidavits of posting, publication and mailing of the Public Hear- ing 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 pro- posed zone change have been received. The City Manager stated that since a majority protest has been issued on Annexation No. 69-3 which this zone change affects, the City has no Jurisdiction over the zoning of this property. The Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Noe to deny Zone Change No. Z-181. Prior to voting on this matter, general discussion was held relative to the development potential of this property. Councilman BoWen's motion to deny Zone Change No. Z-181 was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None PUBLIC HEARING RE: CONSIDERATION OF EXISTENC~ OF PUBLI~ NUISANCE AT T~E NORTHWEST CORNER OF WALKER AND BALL (CYPRESS PLAZA SHOPPING CENTEr): The Mayor announced this was the time and place for the Public Hearing to ascertain whether the condition of the property at the northwest corner of Walker Street and Ball Road, known as Assessor's Parcel No. 244-313-19, constitutes a public nuisance. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated September 18, 1969 from the Public Works Director which indicated that due to an error in the legal description, the Public Hearing on this matter would have to be rescheduled for the City Council meeting of October 13, 1969. There being no written communications and no oral protests, the Mayor de- clared the Public Rearing closed. It was moved by Councilman Noe and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER 13, OF THE CYPRESS CITY CODE. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None - 8- City Council Minutes September 22, 1969 PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAIvNMENT PERMIT--PARKWAY INN (MRS. MYRTLE C. LOWtRY): The Mayor announced this was the time and place for the Public Hearing to consider an application for Live Entertainment Perm/t to pernttt a four-piece western dance band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as requested by Mrs. Myrtle C. Lowsty, 12231 Brittain, Hawaiian Gardens, California. The Mayor declared the Public Hearing open and requested the Staff to pre- sent its reports. The City Manager read into the record of the Public Hearing a report dated September 18, 1969 stating that the affidavits of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk. He then read into the record a connnunication dated September 20, 1969 from Mr. and Mrs. George R. Duncan, 4582 Rainier Drive, Cypress, California indicating their opposition to the granting of this live entertainment permit. The City Manager also reviewed the factors to be considered by the City Council in making a determination as to whether the proposed live entertain- ment would con~ort with the peace, health, safety, convenience, good morals and general welfare of the public. He further advised that the Council may deny the Permit, conditionally approve the Permit or unconditionally approve the Permit, following the Public Hearing. In accordance with Section 9-6 of the Cypress City Code, the Police Chief read into the record of the Public Hearing a report dated September 16, 1969 reviewing incidents which have occurred at the Parkway Inn and com- plaints which have been registered regarding the activities at the Parkway Inn since the granting of the previous Live Entertainment Permit in August of 1968. The police report also presented background information on the manager of the Parkway Inn which indicated that he had failed to register as manager of the establishment with the Alcoholic Beverage Control Board. The report further indicated that following denial of the previous appli- cation for a Live Entertainment Permit to allow a western dance band at the Parkway Inn and subsequent to being advised by an Agent of the Police Department that no live entertainment was permitted, a western dance band was reported to be playing music at the Parkway Inn. The Police report concluded that (1) the owners and management of the Parkway Inn have not conducted a business which comports with the peace, health, safety, convenience, good n~rals and general welfare of the public, (2) the persons who have been left in charge of the operation have not properly registered with the Alcoholic Beverage Control Board as managers, (3) the current manager did not properly execute his affidavit for such registration, and (4) the owners of the premises have been incapacitated due to illness and have not been able to give proper attention to the operation of the business. For these reasons, the Police Department issued a protest to the granting of the application for a Live Entertainment Permit. At this time, the City Attorney reviewed certain descrepancies which exist in the application for the Live Entertainment Permit and entered into the record of the Public Hearing a communication dated September 22, 1969 from Mrs. Myrtle C. Lowery requesting withdrawal of the application for Live Entertainment Permit. The Mayor asked if anyone in the audience wished to speak in favor of granting of this permit. Mr. Jack Owens, 9207 Christopher Street, Cypress, California addressed the Council as the attorney for the applicant and in response to an in- quiz"/from the City Attorney advised that he practices law in Cypress and associates with an attorney in Van Nuys, California. In response to further inquiries from the City Attorney, Mr. Owersstated that he does not possess a business license to practice law in the City of Cypress and that he does not have a Home Occupation Permit to practice law from his home in Cypress. He further advised that Mrs. Myrtle C. Lowsty is the owner of the bar, Mr. Tom Lowsty is the owner of the prop- erty and Mrs. Myrtle C. Lowery is the applicant for the Live Entertainment Permit. 9 City Council Minutes September 22, 1969 In reference to the letter requesting withdrawal of the application for Live Entertainment Permit, Mr. Owens stated that upon his advice Mrs. Lowcry had agreed to withdraw the application; however, following the filing of the letter with the City, she indicated her desire to proceed with the Public Hearing as scheduled. Mr. Owensintroduced into evidence a circular which had reportedly been distributed to residents advising that a Public Hearing would be held to consider a Live Entertainment Permit at the V.I.P. Beer Bar, which he feels would give a different connotation to residents than if it had been stated that the Permit would be for the Parkway Inn. He stated that he had requested his client to withdraw the application for Live Entertain- ment Permit because of this circular, but that following submittal of the letter of withdrawal to the City, Mrs. Lowcry had decided against with- drawalo At this time, the City Manager stated that his office had not advised the Council of the contents of or transmitted copies of the handbill to the members of the City Council as part of any agenda materials. In response to an inquiry from the City Attorney, Mr. Owens stated that he had the authority to withdraw the request for withdrawal of the appli- cation for Live Entertainment Permit and would wish to do so at this time. The City Attorney stated that on the basis of Mr. Owens' statement of authority, the Public Hearing could proceed; however, he questioned the authority of Mr. Owens to rescind the withdrawal of the application as requested by Mrs. Lowcry in the communication dated September 22, 1969. The City Attorney reviewed other discrepancies which he had noted in the application for Live Entertainment Permit and the letter of withdrawal with regard to the signatures, and upon his request, Mr. Owens clarified the appropriate signatures to be entered. Mr. Owens addressed the Council indicating that he had contacted a Mr. Birts ch from the Department of Alcoholic Beverage Control who had advised that a tentative approval was given for Mr. Shetrill to be managerof the Parkway Inno He further stated that Mr. Birtsch had advised that accord- ing to the records of the Department of Alcoholic Beverage Control, the Parkway Inn is now comporting with the peace, general welfare and good morals of the com~nunity. In answer to a question from the City Attorney, Mr. Owens stated that Mr. Birtsch had not indicated whether or not he had researched the records of the Cypress Police Department prior to making these statements. The Police Chief then advised that it is not the practice of the Police Department to furnish the Alcoholic Beverage Control Board with the police records from the Department unless requested. Mr. Owens stated that the Alcoholic Beverage Control Board has had no reason to issue any reprimands against the Parkway Inn. At this time, Mr. Owenspresented into evidence photographs of the premises of the Parkway Inn which show improvements which are currently being made in the appearance of the area around the establishment and to reduce the disturbance to residents adjacent to the bar due to the noise from the western dance band. In answer to a question from the City Attorney, Mr. Owens stated that he had not taken any decibel readings at any given location around the premises. Mr. Owen~ stated that the Parkway Inn management plans to make the estab- lishment compatible with the surrounding uses and indicated that it pro- vides a place for people to come to hear western music. Following an inquiry from the City Attorney, the Police Chief advised that in July of 1968, Mrs. Lowcry had advised an agent from the Police Department that she was attempting to employ a security guard, which has never been accomplished. - 10 - City Council Minutes September 22, 1969 Mr~ Owens stated that according to the new plans for improvement of the premises at the Parkway Inn, there would be a minimum of 152 feet between the parking lot and the nearest home. In response to an inquiry from Councilman Kanel, the Police Chief advised that on busy evenings, patrons' cars are parked on the unpaved portions of the parking lot at the Parkway Inn. In response to an inquiry from the City Attorney, Mr. Bobby Sherrill, 6680 Knott Street, Buena Park, California addressed the Council stating that he has not as yet received a phone for his apartment. He further clarified certain points which were contained in the Police Department's investigation of his background. Mr. Sherrill also reviewed the plans for improvement which have been developed for the Parkway Inn. The Police Chief further reviewed specific incidents in Mr. Sherrill's background which were contained in the investigation conducted by the Police Department. Mro John Braden, 4175 Dover Circle, Cypress, California, addressed the Council speaking in favor of the application for Live Entertainment Per- mit indicating that he did not feel the Public Hearing proceedings were being conducted impartially. He further stated that he felt the Council could impose conditions on the approval of the permit which would insure its compatibility with the surrounding area. The City Attorney then reviewed the procedures required to be followed by the City Council in considering Live Entertainment Permits. The Mayor asked if anyone in the audience wished to speak in opposition to the Live Entertainment Permit. Mro James Carter, 4623 Rainier Drive, Cypress, California, addressed the Council speaking in opposition to the granting of the subject Live Enter- tainment Permit due to the fact that (1) the building in which the enter- tainment will take place is not adequately constructed to prohibit noise from bleeding into surrounding areas, (2) the owners or management are doing nothing to alleviate any of this noise and (3) the improvements proposed to be made by the manager will not do anything to alleviate the noise from within the beer bar. Mr. Carter further stated that even if the noise from the Parkway Inn were reduced he would object to the clientele and transients attracted to this type of establishment. Mr. Cliff Ross, 5278 Vista Del Mar, Cypress, California, addressed the Council indicating that although he sympathized with the owner of the Parkway Inn, he did not feel this type of live entertainment should be approved~ Mr. Jack Owens, 9207 Christopher Street, Cypress, California addressed the Council on behalf of the applicant indicating that he feels the im- provements which are being proposed will adequately control the noise. He further stated that he did not feel the noise was so loud as to cause a disturbance beyond the parking lot. General discussion was then held as to whether Mr. Owens had observed the sound of the band from the Parkway Inn before or after the previous application for Live Entertainment Permit had been denied and as to the date he was retained as legal counsel for Mrs. Lowery. Mr. Owens stated that he had been retained as legal counsel for Mrs. Lowery on August 26, 1969 or August 27, 1969 and had made an observation as to the noise of the band since that date. He then stated that he had made these observations prior to being retained by Mrs. Lowery. He fur- ther stated that he felt the management at the Parkway Inn was taking affirmative action to correct the noise problem, and that the complaints regarding the noise from the band were unfounded. - 11- City Council Minutes September 22, 1969 Mr~ James Cartar 4623 Rainier Drive, Cypress, California, addressed the Council stating that he would be happy to invite Mr. Owens to his home to observe the noise from the band at this location. He further indicated that when he has registered complaints in regard to the band noise, nothing has been done by the management to attempt to alleviate these noises, and therefore, he does not feel they will accomplish anything now. In answer to a question from Councilman Kanel, the City Manager stated that if the City Council did wish to conditionally approve the Live Entertainment Permit, it would be appropriate to continue the Public Hearing to give the Staff an opportunity to present recommendations for conditions. Both Councilmen Kanel and Harvey expressed concern regarding the limited testimony in opposition to the application from adJacent property owners that was presented during the Public Hearing on this matter. Councilman Harvey further stated that he was not convinced that the pro- posed improvements outlined by the Attorney would upgrade the appearance of the premises, nor that the applicant has presented any evidence showing that an effort would be made to employ a security guard for the establish- ment or evidence that the applicant would take corrective action regarding the noise and type of clientele frequenting the establishment. He also stated that he strongly feels that the Parkway Inn, on the basis of its past performance, does constitute a police hazard and noise problem, which will be amplified by the electric guitars used by the western dance band. Councilman Harvey further concluded that in his opinion the granting of the subject Live Entertainment Permit would not comport with the peace, safety, health and welfare of the community. Mr. Pete Paterson, 4562 Rainier Drive, Cypress, California, addressed the Council stating that his firm specializes in sound transmission and that the improvements outlined by the attorney for Mrs. Lowcry would not consti- tute adequate sound buffers for the noise from the Parkway Inn. Councilman Kanel indicated that although the management from the Parkway Inn has indicated their desire to make improvements to this establishment, the problems have existed in the past and no effort has been made to correct them. Mr. Jack Owens, 9207 Christopher Street, Cypress, California addressed the Council suggesting that the Council approve the Live Entertainment Permit subject to conditions that these improvements be installed. Dr~ David Ginns, 4573 Rainier Drive, Cypress, California, addressed the Council speaking in opposition to granting of this Live Entertainment Per- mit due to the clientele who would be attracted to this establishment. Mr. John Plecot, 9448 Dover Circle, Cypress, California, addressed the Council speaking in favor of granting the Live Entertainment Permit as a means of providing entertainment for adults in the neighborhood. There being no further written co~mmunications or oral protests, the Mayor declared the Public Hearing closed. Mayor Kenode stated that he is not opposed to the western music proposed at the Parkway Inn, and he feels that measures could be taken to lessen the noise from the western band, but he is concerned with the police actions which have been necessary during the past year at the Parkway Inn. It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the application for Live Entertainment Permit to permit a western dance band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as re- quested by Mrs. Myrtle C, Lowcry. The marion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None - 12 ~ City Council Minutes September 22, 1969 RECESS: The Mayor declared a recess at 9:47 pomo The mating was called back to order at 9:58 p~mo, with all City Councilmen present° At this time, the Mayor stated that the circular which was introduced into evidence by Mro Owens during the Public Hearing on the Live Entertainment Permit did contain misinformation relative to the items scheduled for con- sideration on the City Council agenda, and he proceeded to clarify the mis- information which was contained in the circular. CONSIDERATION OF A~PROVAL OF OPTIONAL DESIGN SUBDIVISION MAP FOR TRACT NO. 5983 (WARMINGTGN CONSTRUCTION COMPANY): The City Manager presented an Optional Design Subdivision Map for Tract No. 5983 consisting of 22.8 acres of land generally located at the southwest comer of Lincoln Avenue and Denni Street, requested by Warmington Construction Company, 300 No. Newport Boulevard, Newport Beach, California. He indicated that this map had been submitted by the developer as a result of discussions which were held both with the developer and with the representatives of the residents in this general area° The City Manager advised that he had discussed the proposed fourplex development with Mr. Larry Wise, the Planning Consultant who developed the original General Plan and is currently employed in updating the General Plan and preparing a Housing Element, and was advised that studies made by his firm in the Bay Area revealed that multiple family units do contribute fewer school children, do not depreciate land values and do not increase the transient occupancy factor in a community. The City Manager further stated that in discussing the over-all principle of fourplex developments with representatives from the concerned homeowners group, it appeared that the major points of contention involved the need for additional open space in the general area and for improving the general traffic pattern for the subdivision. The City Manager reported that in an attempt to resolve these problems, the optional design subdivision was prepared, which provides for dedication of a 1.3 acre park site at the northwest corner of Denni Street and Surrey Drive and for the alteration of the traffic circulation pattern to provide for a major access point to the subdivision from Lincoln on the north side of the development, eliminating the previous access drive on the south from Surrey Drive. The Planning Director presented the elevations of the proposed optional design subdivision which provides for fourplex units on 91 lots. He fur- ther presented a report dated September 18, 1969, presenting 31 conditions recommended to be imposed if the optional subdivision map is approved by the City Council and reviewing the parking layout for this development. Following discussion regarding the alley layouts, it was generally agreed to add Condition No. 32 as follows: "The final alley design shall be approved by the City Engineer." Mr, Warmington, 300 Noo Newport Boulevard, Newport Beach, California, addressed the Council stating that he is in accordance with the conditions proposed. He further stated that if the Optional Design Subdivision Map is approved for Tract No, 5983, his Company will withdraw the previous standard subdivision map. The City Manager clarified proposed Condition No. 27, which provided for the developer to dedicate and improve the park site° He indicated that improvement will not be required by the developer since this will be accomplished by the Park and Recreation District. The Mayor announced that although this is not a Public Hearing, public testimony will be received at the discretion of the City Council° Mr. Richard Koppang, 4024 Berwick Court, Cypress, California addressed the Council indicating that he had represented the homeowners co~m~ittee in meeting with the City Manager to resolve the issue of the proposed four- plex development. Mr. Koppang indicated that the general response of his committee was that the optional design map was an improvement over the standard subdivision map which had been previously submitted. He further indicated that while an agreement had been reached on the statements pre- sented to the City Council in the City Manager's report on multiple family - 13 - City Council Minutes September 22, 1969 development, there was still some disagreement as to the impact these units would have on school attendance° He indicated concern over the lo~ cation of the development in relation to school facilities which might alter the number of school children who might be housed in this develop- mento He further reviewed the results of a poll he made in the Costa Mesa school district in which the school principal advised that from a census there were ~25 children per dwelling unit in multiple family areas° He further stated that'in larger cities, the construction of a multiple family development can be adequately offset by other developments; however, in a City the size of Cypress, it would be difficult to offset the construction of multiple family units~ He further indicated that the park site proposed would serve as a buffer, but that it is not adequate to furnish the entire area with park and recreation facilities= He further reviewed a proposal by the Cypress Park and REcreation District to include in its master plan a five to seven acre park in this general area and suggested that the City consider deferring development of the area adJacent to the proposed park in an effort to acquire additional property for development of a larger park site° The City Manager reviewed the Park and Recreation Element of the Master Plan did call for a park in this general area and further indicated that representatives of both the Cypress Elementary School District and the Anaheim Union High School District had recently agreed to cooperate with the City in providing open space on the school sites for use for park and recreational purposes. The City Manager then reviewed the efforts which have been made by the City to provide open space in accordance with the Master Plan in areas throughout the community. Councilman Kanel reviewed the problems which have been encountered in acquiring sufficient funds for the development of parks and open space areas in the City, citing the defeat of park bonds in 1965. Mr. Koppang addressed the City Council stating that the residents' concern is with the fact that available area for the location of a park site in the northern end of the City is diminishing, and suggesting that the City Council investigate the possibility of obtaining acreage at the corner of Orange and Denni for a park site° The City Manager reported that a park and recreation report is being final- ized by the City Staff and will include recommendations regarding the acquisition of open space areas throughout the City. Councilman Kanel suggested the possibility of contacting the Anaheim Union High School District relative to the possibility of utilizing for park and recreation purposes seven or eight acres of the land on the west side of Denni north of Orange proposed for a junior high school until such time as the school is constructed. Mr. Leonard Ballad, 4508 Lemon Circle, Cypress, California addressed the Council commenting on the acreage proposed for use as a park site within Tract 5983 and suggesting that the Council should not assume that the High School District would provide portions of their acreage even on an interim basis for park purposes in considering the adequacy of the park site within Tract 5983. He further expressed his concern that the High School District at a future date would be able to take over the use of the improved park~ Dro David Ginns, 4573 Rainier Drive, Cypress, California, addressed the Council indicating that he is opposed to the development of fourplex units and suggesting that certain statements made in the report prepared by the City Manager on multiple family units were not representative of the entire community relative to their opinion of multiple family developments. He further stated that he felt fourplex units were not similar to multiple family developments and therefore the statistics that apply to one could not be applied to the other, such as depreciation of value and transient occupancy. He further indicated that he did not feel it pertinent to apply the compatibility of fourplex untis in one community with the cor~atibility of these units in another area° Other factors that he felt should be con- sidered were the added burdens on the fire and police departments which would be imposed with fourplex developments. He also stated that he did - 14 - City Council Minutes September 22, 1969 not feel the concepts of the General Plan as adopted in 1964 should still be applied to theCity since many factors have changed. Mr. Dennis Woodsen, 4546 Everett Drive, Cypress, California, addressed the City Council relating his experiences as a manager of fourplex units in another city relative to the depreciation in value, number of children, vandalism, transient occupancy and vacancy percentage. In response to an inquiry from Councilman Kanel relative to imposing a condition requiring the apartment owner to maintain his apartment unit, the City Attorney advised that the City Council coulc not impose con- ditions which would relate to the future obligations. He indicated that the deed restrictions could contain provisions to guarantee that the units would be maintained. Mr. John Braden, 4175 Dover Circle, Cypress, California, addressed the Council inquiring as to whether the Police Department had made a study of police action percentages in multiple family units as compared with resi- dential units. The Police Chief advised that the Police Department's tabulation of incidents is performed according to district, and a review of this data over a six- month period indicates that the high density units in the City do not rep- resent any greater hazards or incidents than the residential units. The Police Chief further advised that the high density areas in the City include the Tanglewood development and the Valley Club apartments. General discussion was held regarding the implementation of the Park and Recreation Element of the Master Plan. Mr. Ken Swan, 4238 Via Norte, Cypress, California, addressed the Council regarding the park sites developed in the City of Lakewood. Councilman Kanel and Harvey explained the difficulties which the City has encountered in reference to the development of park sites, specifically due to the lack of available revenue and the fact that the City does not have control over the Park and Recreation District. Councilman Harvey further reviewed the City's accomplishments in profiding other recreational facilities within the City. Councilman Harvey also reviewed the results of his independent survey of several of the persons who had signed the petition protesting the multiple family development. He indicated that the response from those persons con- tacted indicated that the major concern was with the over-crowding of schools and the low cost housing construction at this location. He further indicated that many of the people who had signed the petition were misinformed as to the proposed development and its impact upon the schools and other facilities. Dr. David Ginns addressed the Council suggesting that the proposed develop- ment be held in abeyance until studies have been completed on parks and schools. Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, California addressed the Council inquiring as to what extent the City is supporting development of the subject property in order to acquire additional revenue from building fees. He also inquired as to the purpose of the Master Plan. The Mayor advised Mr. Leneker that the land on which the fourplex development is proposed to be located is zoned R-4 which allows the development of four- plex units. The City Manager stated that the purpose of the Master Plan was to profide a guideline for orderly community growth and further suggested that the Master Plan has been responsible for the success that the City has enjoyed during the past several years in development programs. Mr. Jack Leneker again addressed the Council reading from a prepared state- ment relative to the school facilities in the community. - 15 - Mr. Ricnard Koppang, 4024 Berwick Court, Cypress, California, addressed the Council suggesting that the increased tax rate which may result if residential units would be constructed at this location would not affect the tax base in comparison with the effect it would have on the aesthetics of the community. He further indicated that the petition was circulated in good faith and if there was a failure on someone's part to effectively conununicate the contents, then it was regrettable. In response to inquiries from Mr, Koppang, the City Manager estimated the amount of revenue which would be received from a fourplex development in comparison with the revenue received from a residential development. He further reviewed the impact the fourplex development would have on police and fire services since it is a compact area. The City Manager further reviewed the information which had been presented to the Economic Environmental Conmittee by Mr. Ralph Hines of the Cypress E~l~mentary School District in which he indicated that the fourplex development would create no problem for the School District. General discussion ensued relative to the advantages and disadvantages of allowing the development of the fourplex units at Denni and Lincoln and the effect of these develop- ments on the entire community~ Mr. Rod Thompson, 5350 Oxford Drive, Cypress, California, addressed the Council indi- cating that he feels the owner of the property at Denni and Lincoln has the right to develop his property in the manner that he deems appropriate. He further indicated that he feels the developer will make every effort to comply with the requirements imposed by the City. Mrs. Margaret Foltyn, 4014 Solkirk, Cypress, California, addressed the Council indi- cating that she is interested in the manner in which the City is developing and has artended both Planning Commission and City Council meetings. Mrs. Robert Perkins, 4240 Dorset Drive, Cypress, California, addressed the Council indicating that she is opposed to high density developments. Mr. David Catchko, 4271 Avonida Madrid, Cypress, California, addressed the Council indicating that h~ feels it is important for the citizens to communicate their desires to the Council. He further indicated that he did not see where the multiple family development would enhance the City and stated that the Council had to be faexible in its consideration of developments and requested that the Council deny the subject de- velopment and conduct further studies on multiple family developments, General discussion was held relative to buffer zones between cormnercial and residential developments and what alternatives are available for adequate buffer zones. In response to an inquiry from Mr. Catchko, the City Attorney advised that the City Council has a time limit in which they must act upon standard subdivision maps and if they do not act upon this matter this evening the standard subdivision map for Tract No. 5983, which was originally denied by the Planning Commission, will automatically be approved, unless an extension is granted by the developer. He then reviewed the provisions of the State Code and Subdivision Map Act which govern the time limits in which the City Coumcil must act. The Mayor indicated that this was not a Public Hearing and he felt adequate testimony had been received from the audience. In response to a question from the Mayor, Mr. Warmington stated that he as developer of Tract 5983 would wish to add nothing to the testimony. Councilman Kanel stated that based on a combination of the testimony received regarding the subject tract map, the information that has been submitted to him as a Councilman by a professional staff, the feeling that this subdivision, in view of the 1,3 acre park site which is proposed to be dedicated and the imposition of 32 conditions, will be in the over-all best interests of the community, and the residents who will be attracted to the community as a result of this development will be an asset to the community. For these reasons, he would move for approval of Optional Subdivision Map No. 5983 subject to the conditions as outlined. Councilman Noe stated that he is in accord with the recommendations of the professional staff and with the master plan of the City and that he feels this optional subdivision map will be in the best over-all interests of the citizens and he seconded the motion to approve Optional Design Subdivision Map No. 5983, subject to the following conditions: 1. Location of all street furniture shall be approved by the City Engineer. 2. Advance street light energy charges shall be paid. - 16 - City Council Minutes 469 September 22, 1969 $ 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Hydrology of the entire area bounded by Lincoln, Denni and the trailer park shall be required° Drainage shall be solved to the satisfaction of the City Engineer, and the calculations for drain- age fees shall be based on the center lines of the adjacent arterial streets. Drainage from the adjacent properties shall be resolved to the satisfaction of the City Engineer, Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with ToI. of 5 for streets with 40 feet of paving and T.I. of 4°0 for streets with 36 feet of paving. All parcels which are being split shall be shown on tentative map, Lincoln Avenue and Denni Street shall be dedicated and improved in conformance with the general plan of streets and highways. If 51-foot streets are allowed, a 5~-foot sidewalk measured from the face of the curb shall be constructed adjacent to the curb and a 3~-foot public use easement shall be located behind the sidewalk. All streets shall have 40 feet of paving curb to curb. Water system to be circulating design. Street trees shall be installed in accordance with existing street policy and standard plans. All streets shall be dedicated and improved within the boundary of the tract. Four-foot tree wells shall be required on all streets having walks adjacent to the curbs, per city standards. All lots shall drain with a minimum 1% grade. Retaining walls shall be constructed where required by a 1-foot grade differential on tract boundary. The developer shall install an Orange County Surveyor's Monument at the intersection of Lincoln Avenue and Denni Street if not existing. All vehicular access rights adJacent to the lots abutting to Denni Street shall be dedicated to the City. Cross fall on alleys to be a minimum of 2%. Street and alley grades shall be 0.2% minimum. Grading study to be submitted substantiating less than 0.2 of a percent grade. The developer shall be required to provide a street lighting system approved by the City Engineer. If the sewer in Surrey Drive is going to be utilized a sewage study will be required to determine its adequacy. Any required retaining walls to be built shall have footings designed for an extension to an ultimate 6 feet in height. Improvement bond submitted with first final map shall include costs of full improvement of Denni Street to the extent of the total R-4 development. A separate bond shall be submitted con- currently to include costs of full improvement of balance of Denni Street and all of Lincoln Avenue contiguous to Tract boundary and may allow 2 years for completion of improvements. Dedication of all street right-of-way on Lincoln Avenue and Denni Street shall be submitted with first final map. The developer shall comply with the requirements of the County Fire Code. - 17 - City Council Minutes September 22, 1969 The developer shall bear the cost of the erection of an approved retaining wall on the south side of Surrey Drive which will per- mit the lowering of Surrey Drive for the proper drainage of the tract. 24. All landscaping shall be installed and maintained on-site prior to occupancy of the structure. 25. The development shall be in conformance with architectural re- view standards which are in effect° 26. A one-foot Lot A shall be offered for dedication along the westerly boundary of the tract adJacent to any public right-of-way. Suitable guarantees shall be submitted to the city which will pro- vide for the dedication of the park site. These guarantees shall be submitted with the first final map. 28. The park development plans shall be developed by a licensed land- scape architect and approved by the Planning Director. 29. Enclosed trash storage areas shall be provided subject to the approval of the Planning Director° 30. The development shall be constructed in accordance with submitted elevations and plot plan. 31. A 6-foot high ornamental concrete block wall shall be constructed along the northerly property line of the alley abutting the commercially-zoned property° Ornamental walls adjacent to the park are required and shall be constructed with the approval of the Planning Director. 32. The final alley design shall be approved by the City Engineer. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Noe and Kanode NOES: O COUNCILMEN: Bowen ABSENT: 0 COUNCILMEN: None ORAL COMMUNICATIONS: There were no oral co~anunicatlons presented at this time. ADJ OURNMEN T: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to adjourn the meeting at 1:17 a.m. MAYOR OF TH~ CITY OF CYPRESS ATTEST: CITY 6F C TY OF CYPPaSS - 18-