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City Manager Bruce Spragg stated that the payment of $125 is to defray the cost of publicizing and holding the appeal hear- ing and that it was held and he received what he had paid for. The Council pointed out to Mr. Markel that the applicant came in with new evidence for the Planning Commission and that he is entitled to a rehearing on that basis. On the motion of Councilman Ward, seconded by Councilman Evans, Mr. Markel's request for the refund of $125 was received and filed by unanimous (7-0) vote. CA 13.3 ORAL COMMUNICATION - MONTEREY An oral request that CYPRESS TREE ON SOUTH LYON the City preserve a large Monterey Cypress tree on South Lyon Street came from Bert Sheffey, Jr., 1325 Grace Street, after he learned that the City planned to remove the tree to widen the street to four lanes. Mr. Sheffey explained that the opinion of Richard G. Baker, Chairman of the Santa Ana Col- lege Biology Department, was that the tree was over 100 years old, healthy, and an unusual specimen for this area. Mr. Sheffey filed with the City Clerk a letter from Richard G. Baker. Nancy Burney, 921 South Lyon, spoke in favor of preserving the tree and presented a petition containing 91 signatures; she also stated that she felt the street could go around the tree. Steven Lazerson, Executive Director of the Environmental Coa- lition of Orange County, stated that his organization would favor preservation of this extraordinary tree for the benefit of our descendents. Robert Sherer, 937 South Lyon, who also owns 921 South Lyon, stated that the tree is located on City property, between 921 South Lyon and the property to the north; and that he would like to see the tree stay. Mr. Ronald Wolford, Public Works Director, said that in plan- ning to widen the street to four lanes, he had conferred with Mr. Bomo Koral, Park Director, whose department investigated to find that the tree is infested with cypress bore and with termites; that the tree would continue to decline and would probably only live three to ten more years. Mr. Wolford then proposed a short-range solution to the problem. He suggested that a curbing be constructed around the tree marked for "No Parking" until such time as it could be determined whether the tree will survive. On the motion of Councilman Bricken, seconded by Councilman Ward, and carried (6-1) with Councilman Yamamoto dissenting, the Director of Public Works was instructed to implement the solution described or one that will preserve the tree consis- tent with the Recommendations made by Mr. Wolford to permit the tree to survive the environment, if that is possible. CA 52 CITY COUNCIL MINUTES 409 SEPTEMBER 15, 1975