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Minutes 68-12-30MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 30, 1968 The regular adjourned meeting of the Cypress City Council was called to order at 7:30 pomo on Monday, December 30, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard Lo Bowen presiding° PRESENT: Councilmen Harvey, Kanel, Kanode, Noe and Bowen ABSENT: None Also present were City Manage~/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistant Gene Poertner, Finance Director Jim Grissom, Public Works Director Arthur Schatzeder, Planning Director George Putnam, Building Superintendent Tom Nudson and Police Lieutenant Clyde Guard. ORAL COMMUNICATIONS: There were no oral communications presented at this time. Since Items No~ 1 through 8 were Public Hearings scheduled for 8:00 p.m., it was moved by Councilman Noe, seconded by CouncilmanKanode, and unanimously carried, to proceed to Item Noo 15 on the agenda at this time, followed by Item No. 9. CONSIDERATION OF TENTATIVE TRACT MAP NOo 6811 (LARWIN COMPANY): The Planning Director reviewed a report dated December 18, 1968~ outlining the action taken by the Cypress Planning Commission in its approval of Tentative Tract Map No. 6811, generally bounded on the south by Larwin Avenue, on the west by Bloom- field Street, on the north by Ball Road, and on the east by Tract No. 6052, consisting of 7o012 acres, 76 P-D lots, requested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California° In answer to a question from Mayor Bowen, the City Attorney advised that the Council could take action on the Tentative Tract Map at this time, subject to the approval of Conditional Use Permit No~ C-217, which is scheduled for consideration later in the meeting° Mr, Art Rosenthai, representing the applicant, addressed the Council, explain- ing the proposed swimming pool area for the Tract. Following general discussion concerning this matter, it was moved by Council- man Harvey and seconded by Councilman Noe to approve Tentative Tract Map 6811, subject to the following conditions: in The blue border of the Tract shall be to the centerline of the street on Ball Road and to the City Limits on Bloomfield Street° 2o Water system shall be of a circulating type. 3~ The area between the wall and the curb shall be concrete, not asphalt. 4o The street light layout shall be by the City Engineer and the Edison Company~ 5o Drainage shall be solved to the satisfaction of the City Engineer. 6o Vehicular and pedestrian access rights shall be granted to the City on Ball Road and vehicular access rights on Bloomfield Street. 7~ All arterial streets shall be fully dedicated and improved to present City standards° 8o Street grades shall be to the satisfaction of the City Engineer~ 9~ Street trees shall be of a size and type approved by the City Engineer, 10~ All alley curb radii shall be approved by the City Engineer and shall be a minimum of 15'~ 11o A 6 foot high ornamental slumpstone block wall shall be constructed along Ball Road and along the south and east property line of the ser- vice station° The wall on Ball Road shall have openings of wrought iron at places to be determined by the Planning Director. 12o Developer shall provide adequate setback from sewer to all buildings. 13~ A turn-around shall be provided at the end of the "E" Alley. City Council Minutes December 30, 1968 141~ A landscape screen shall be provided on the southerly side of the ser- vice stationo Useof materials, etco, shall be determined ~by the Planning Director~ 15u Approval of the Tentative Tract Map is subject to approval by the Council of Conditional Use Permit Nob C-217o The motion to approve the Tentative Tract Map was carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kenode, Kanel and Noe NOES: 1 COUNCILMEN: Bowen ASSENT: 0 COUNCILMEN: None COMMUNICATION FROM CALIFORNIA ROADSIDE COUNCIL AND LOS ANGELES METROPOLITAN TRAFFIC ASSOCIATION RE: LOCATION AND DESIGN OF FREEWAYS AND HIGHWAYS CON- STRUCTED WITH FEDERAL AID: The City Manager reviewed a communication dated December 2, 1968, from the President of the California Roadside Council and a communication dated December 5, 1968, from the Secretary of the Los Angeles Metropolitan Traffic Association, regarding the Federal Highway Administration's proposal regarding Public Hearings on the location and design of freeways and other highways constructed with Federal Aid. The City Manager reviewed the ob- Jections to the proposal and suggested that a study be made by the League of California Cities so that the various Cities can take a united position on this matterm It was moved by Councilman Noe, seconded by Councilman Harvey, and unanimously carried, to request the City Manager to suggest to the League of California Cities that a study and recommendation be made in reference to the proposed rules and regulations developed by the Federal Highway Administration for the location and design of freeways and highways which are constructed with the use of federal aid,I COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF THE BOARD MEETING: The City Manager presented a con~nunication dated Decem- ber 10, 1968, from the Orange County Mosquito Abatement District, transmitting a copy of the minutes of the Board Meeting of November 21, 1968o It was moved by Councilman Noe, seconded by Councilman Kenode, and unanimously carried, to receive and file the Board Meeting minutes° COMMUNICATION FROM CALIFORNIA HIGHWAY COMMISSION RE: ROUTE ADQPTION REPORT FOR THE PROPOSED HUNTINGTON BEACH FREEWAY: The City Manager' reviewed a communication dated December 4, I968, from the Secretary of the California Highway Commission, transmitting the Commission's route adoption report for the proposed Huntington Beach Freewayo It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried, this communication be received and filed° COMMUNICATION FROM DEPARTMENT OF PUBLIC HEALTH RE: RABIES CONTROL ENFOREE- MENT FORMS: The City Manager reviewed a communication dated December 4, 1968, from the Director of Public Health in the State Department, notifying the City that the Department of Public Health has declared the County of Orange as a rabies area and requesting that Statement of Enforcement forms be completed and returned to the State Health Department° The enforcement forms have previously been transmitted to the Orange County Health Department, which under contract with the City, is the responsible agency for the control of rabies° It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried, to request the Orange County Health Department to complete the State- merit of Enforcement forms on rabies control as required° City Council Minutes December 30, 1968 GOMMUNICATIONS FROM CITIES OF SAN CLEMENTEIAND SA~. JUAN CAPISTRANO RE: COMMENDA- TiON OF DR, HAYAKAWA IN ADMINISTRATION OF SAN FRANCISCO COLLEGE.: The City Manager indicated that Resolutions have been received from the Cities of San Clemente and San Juan Captstrano commending Dro S~ Io Hayakawa in his administration of San Francisco State College° It was moved by Councilman Noe, seconded by Councilman Kanode, and unanimously carried, tO receive and file these Resolutions° Councilman Kanode suggested that indications of support for Dro Hayakawa's administration of San Francisco State College be expressed on an individual basis by members of the City Council and any interested citizens in Cypress° CONTINUATION OF CONSIDERATEON OF ABATEMENT PROCEEDINGS ON PUBLIC NUISANCE ON SOUTH SIDE OF ORANGE AVENUE BETWEEN WALKER AND GRINDLAY (JETTON PROPERTY): At the re- quest of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanode, and unanimously carried, to continue consideration until the meeting of January 13, 1969, the abatement proceedingson the public nuisance on the south side of Orange Avenue between Walker and Grindlay, identified as AP #244-301-15. CONSIDERATION OF PROPOSED ANNEXATION NOo 68-4: The City Manager presented a report dated December 19, 1968, indicating that the Local Agency Formation Commission had approved Annexation NOD 68-4 to the City of Cypress, which con- sists of a single parcel on the west side of Valley ~tew north of the City Limits° The Commission also authorized the City Council to proceed with the annexation without further public hearings or notices, since the only property owner has consented to the Annexation° It was moved by Councilman Harvey and seconded by Councilman Kanel to adopt the following Resolution, title as follows: RESOLUTION NO. 930 A RESOLUTION OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY, DESIGNATED "ANNEXATION 68-4" TO THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Kanel, Noe and Bowen None Non e CONSIDERATION OF ZONING - SOUTHWEST CORNER OF KNOTT AND CER~ITQS: The City Manager presented a report dated December 17, 1968, outlining the Staff's suggestion that the zoning for the southwest corner of Knott and Cerritos be changed from C-1 (Neighborhood Stores) to C-O (Commercial Offices), since it appears there is sufficient C-1 zoning in the subject area° In answer to a question from Councilman Harvey, the City Manager indicated that the Council had requested a study of this area, which had been zoned C-1 for approximately fouryearso Following brief discussion, it was moved by Councilman Noe, seconded by Councilman Harvey, and unanimously carried, to continue consideration of this matter until the City Council meeting of January 13, 1969~ 16i C~ty council Minutes December 30, 1968 PUBLIC HEARING RE: VACATION OF STORM DRAIN EASEMENT NORTH 0F BALL~ WEST OF VALLEY VIEW: The Mayor declared this was the time and place for the Public Hearing to consider the proposed vacation of a 12-foot wide storm drain ease- ment located north of Ball Road and west of Valley View Street on property owned by Mount Calvary Lutheran Church. The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager read into the record of the Public Hearing, a report dated December 17, 1968, indicating the affidavits of posting of the Resolution of Intention and the Notice of the Proposed Vacation are on file inthe office of the City Clerk and no written communications either in favor of or in opposi- tion to the vacation have been received° The Publlc Works Director read into the record of the Public Hearing a report dated December 18, 1968, reviewing the need to vacate a storm drain easement along the north boundary of the Mount Calvary Lutheran Church. The easement was required in connection with the approval of a Conditional Use Permit~ but was never improved, and since that time another solution for draining the property was developed; thereby, removing the need for an easement from the Church° The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed vacation~ There being no written communications and no oral protests, the Mayor declared the Public Hearing closed° It was moved by Councilman Kanel and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NOD 931 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACErING A PORTION OF A STORM DRAIN EASEMENT UNDER THE PUBLIC SERVICE EASEMENTS VACATION LAW° 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 PUBLIC HEARING RE: PUBLIC NUISANCE ON PREMISES LOCATED AT NORTHEAST CORNER OF DENNI AND ORANGE AVENUE: The Mayor declared this was the time and place for the Public Hearing to ascertain whether the premises located at the Northeast corner of Denni Street and Oramlge Avenue (Assessor's Parcel No. 244-013-054) may be maintained in such a way as to constitute a public nui- sance, the abatement of which is appropriate under the provisions of Article III of Chapter 13 of the Cypress City Code. The Mayor declared the Public Hearing open and requested the Staff to present its reports: The City Manager read into the record of the Public Hearing, a report dated December 17, 1968, indicating that the property owner of the subject parcel had been notified of the Public Hearing, and that the affidavits of the posting and notification are on file in the office of the City Clerk, and no conmunicat ions in reference to the matter have been received° The Public Works Director read into the record of the Public Hearing a report dated December 18, 1968, reviewing the condition of the subject property° He also introduced into evidence various photographs, which showed the piles of tree branches, old couches, broken concrete, etco, which have been dumped on the lot, and recommended that the Council declare the property a public nuisance and order the abatement thereof. City Council Minutes December 30, 1968 The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed abatement. No members of the audience spoke in regard to this matter. In answer to a question from Councilman Harvey, the Public Works Director indicated that the subject property had been cleared of combustible debris during the weed abatement program in May; however, the concrete and asphalt were not removed from the property at that time. Considerable discussion ensued concerning the problems experienced with dump- ing on large undeveloped parcels of property in the City and the possible methods for alleviating this problem. There being no written communications and no oral protests, the Mayor declared the Public Nearing closed° It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 932 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A NUISANCE, AS DEFINEDIN ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNER THEREOF. 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 further moved by Councilman Harvey and seconded by Councilman Kanode, to instruct the staff to notify owners of large parcels of vacant property~ which are subject to debris collection,that the City is concerned with this problem, particularly as it is conducive to the breeding of rodents, and would suggest that measures be taken to prevent dumping of debris on the property. Prior to voting on this motion, further discussion was held regarding the method of determining which property owners should be notified. It was generally agreed this would be a staff decision. CouncilmanHarvey's motion was unanimously carried by the following roll call Vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None RECESS: Mayor Bowen declared a recess at 8:33 pom. The meeting was called back to order at 8:38 pomo, all Councilmen being present° 163 City Council Minu~e~ December 30~ 1968 PUBLIC HEARING RE: CONDITIQN OF PREMISES LOCATED AT SOUTHEAST CORNER .OF MOODY AND BALL: The Mayor declared this was the time and place for the Public Heari ing to ascertain whether the premises located at the Southeast corner of Moody and Ball (Aesessor's Parcel Noo 242-112-1) may be maintained in such a way as to constitute a public nuisance, the abatement of which is appropriate under the provisions of Article III of Chapter 13 of the Cypress City Code~ The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated December 17, 1968, indicating that the property owner of the subJect parcel had been notified of the Public Hearing, and that the affidavits of the posting and notification are on file in the office of the City Clerk, and no cormnunicattons in reference to the matter have been received. The Public Works Director read into the record of the Public Hearing a report dated December 18, 1968, indicating that the property owner has cleaned the parcel of tumbleweeds in asatisfactory manner. The Mayor asked if anyone in the audience wished to speak for or against the proposed ~atemento No members of the audience spoke concerning this matter. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed° The City Attorney advised that since the property had been cleaned, no action was necessary by the City Council° It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to receive and file the reports concezning the subject property. PUBLIC HEARING RE: CONDITION OF PREMISES LOCATED AT THE SOUTHWEST .CORNER OF MOODY AND BALL: The Mayor declared this was the time and place for the Public Hearing to ascertain whether the premises located at the southwest corner of Moody and Ball (Assessor's Parcel Noo 242-115-15) may be maintained in such a way as to constitute a public nuisance, the abatement of which is appropriate under the provisions of Article III of Chapter 13 of the Cypress City Code. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing areport dated December 17, 1968, indicating that the property owner of the subject parcel had been notifiedof the Public Hearing, and that the affidavits of the post- ing and notification are on file in the office of the City Clerk, and no communications in reference to the matter have been received° The Public Works Director read into the record of the Public .Hearing areport dated December 18, 1968, indicating the owner has cleaned the property of tumbleweeds in a satis factory manner° The Mayor asked if anyone in the audienceswished to speak for or against the proposed abatement° No members of the audience spoke concerning this matter~ There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Noe, seconded by Councilman Kanode, and unanimously carried, to receive and file the reports concerning the subject property. City Council Minutes December 30, 1968 PUBLIC HE/~RING RE: AMENDMENT TO ZONING ORDINANCE NO. 90 RE: ZONE CHANGE NO. Z-174 (SEAGATE INVESTMENT CORPORATION): The Mayor declared this was the time a~d place for the Public Hearing to consider an application for amendment to the Zoning Ordinance Noo 90 to change the zone of aparce~ of land from C-2 (General Commercial) to R-3 (Multiple-family Residential) generally located on the west side of'Juanita Street, approximately 330 feet north of Ball Road, requested by Seagate Investment Corporation, 9300 Wilshire Boulevard, Beverly Hills, California, known as Zone Change No. Z-174o The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager read into the record of the Public Hearing a report dated December 17, 1968, indicating that the affidavits of posting, publication, and mailing of the notices regarding the Zone Change Public Hearing, were on file in the office of the City Clerk, and no conm~unications either in favor of or in opposition tO the proposed Zone Change have been received. The Planning Director reviewed the subject request, indicating that the Plan- ning Commission had recommended approval of the zone change to the City Council° Following a discussion regarding the recent action taken by the City Council in reference to setback requirements for multiple family developments adja- cent to single-family zones, the City Manager advised that the proposed ordinance requires City Council approval for a variance from the 100-foot setback requirement° COuncilmen Harvey expressed concern over the loss of commercially-zoned property in this arean The Planning Director advised that this concern had been considered by the Planning Conm~ission, which determined that the remain- ing commercially-zoned property in the area appeared to besufficient for future needs° The Mayor asked if anyone in the audience wished to speak for or against the proposed zone change, Mro John Tapking, representing the applicant, addressed the Council, indicat- ing that a survey was made regarding the commercial area needed in the sub- Ject vicinity, the results of which indicated the parcel in question was not desirable for commercial use° He also emphasized the future need for apart- ments in the City~ Discussion was held concerning the possibility of postponing action on the requested zone change until the Council receives the recommendations of the City's Goals Committee, with particular referenceto the need for high-density multiple family zoning° The City Manager indicated he did not feel the Goals Committee would be evaluating individual parcels of property, but rather recommending an over-all plan of development for the City~ Further discussion was held concerning the development in areas adjacent to that requested for multiple-family residential. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed° It was moved by Councilman Kanode, and seconded by Councilman Kanel to read the following Ordinance by title onlyo 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 165 City Council Minutes December 30, 1968 Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NOo 90, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL): ZONE CHANGE NOo Z-174~ It was moved by Councilman Kanode and seconded by Councilman Noe to adopt the first reading of this Ordinanceo The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanode, Kanel and Noe Harvey and Bowen None PUBLIC HEARING RE: CONDITIONAL USE PERMIT NOo C-217 TO ALLOW PLANNED DEVELOP- MENT (VALIANT INVESTMENT COMPANY): The Mayor declared this wasthe time and place for the Public Hearing to consider an application for Conditional Use Permitto allow the construction of a residential planned development in the P-D (Planned Development) zone on property generally located at the southeast comer of Bloomfield Street and Ball Road, requested by Valiant Investment Company, 9300 Wilshire Boulevard, Beverly Hills, California, known as Conditional Use Permit No, C-217, The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager read into the record of the Public Hearing a report dated December 17, 1968, indicating that the required affidavits of posting, publication and mailing are on file in the office of the City Clerk and no com~nunicattons either in favor of or in opposition to the Conditional Use Permit application have been receivedo The Planning Director reviewed the requested Conditional Use Permit, which had been recom~nended for approval by the Planning Commission, and suggested the addition of two conditions, one requiring that off-street parking be in garages, and another requiring corrallance with the conditions of Conditional Use Permit No, C-156. The Mayor asked if anyone in the audience wished to speak for or against the requested Conditional Use Permit° Mro Art Rosenthai, representing the applicant, addressed the Council, ex- plaining the storage space which will be provided for boats and campers. also indicated that the conditions recommended are satisfactory° He Mayor Bowen reviewed problems which presently exist in a similar development, with reference to youths congregating in the areas, causing disturbance,and inquired if this same problem would be createdin the proposed development due to the closeness of the units to the streets° Mro Rosenthai indicated that the set-backs are kept to a minimum inorder to provide for larger green areas° There being no oral protests and no written communications, the Mayor declared the Public Hearing closed° It was moved by Councilman Kanode and seconded by Councilman Noe to approve Conditional Use Permit No~ C-217, subject to the following conditions: City ~ouncil Minutes December 30, 1968 1~ The Use Permit shal! conform to the conditions of Tract No~ 6811~ 2o All landscaping shall be installed prior to occupancy~ 3. Landscaping plans shall be approved by the Planning Director~ 4o All conditions of Conditional USe Permit Noo !C-156 as revised and amended shall apply° 5. All off-street parking shall be provided in garages° The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Kanel, and Noe. Bowen None PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RE: REPAIR OF NON-CON- FORMING BUILDINGS: The Mayor declared this was the time and place for the Public Hearing to consider a proposed amendment of the Zoning Ordinance No~ 90, adding Section 122o13, "Repair, Maintenance and Rehabilitation Permitted", in Part 22 of said Ordinance, referring to Non-Conforming Uses and Buildings, initiated by the Secretary of the Planning Com~nission, at the request of the City Council° The Mayor declared the Public Hearing open and requested the Staff to present its reports° The City Manager read into the record of the Public Hearing a report dated December 17, 1968, indicating that the affidavits of posting and publication of the Public Hearing Notice are on file in the Office of the City Clerk, and no con~nunications regarding the proposed amendment have been received. The City Council was advised that the Planning Commission has considered the proposed amendment and has recon~nended approval° The proposed Ordinance provides that building permits can be issued for repair, maintenance and rehabilitation of non-conforming buildings provided the es- timated cost of such work does not exceed in any calendar year 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 Mayor asked if anyone in the audience wished to speak for or against the p~posed amendment~ No members of the audience spoke concerning the matter. There being no oral protests and no written communications, the Mayor de- clared the Public Hearing closed° It was moved by Councilman Noe 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, Kenode, Noe and Bowen None None ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 90 BY ADDING SECTION 122o13 "REPAIR, MAINTENANCE AND REHABILITA- TION PERMITTED°" In response to questions from the City Council, the City Manager advised that the limitation imposed by this amendment to the zoning ordinance for repair of non-conforming uses appeared to be realistic in order to discourage substantial improvements to non-conforming uses° City Council Minutes December 30, 1968 Following brief discussion in reference to this matter, it was moved by Council- man Noe and seconded by Councilman Kanel to adopt the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE RE: DEDICATION AND STP~ET IMPROVEMENT CONSTRUCTION AS CONDITION OF BUILDING PERMITS: The Mayor announced this was the time and the place for the Public Hearing to consider a proposed amendment to the Zoning Ordinance Noo 90, Section 126o4 of Part 26 of said Ordinance, to clarify and strengthen the requirement of dedication and street improvement construction as a condition of issuance of building permits, initiated by the Secretary of the Planning Commission, at the request of the Cypress City Council° The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated December 17, 1968, indicating that the required affidavits of posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and no communications concerning the proposed amendment have been re- ceivedo The City Council was advised that the Planning Conmission had reviewed this matter and recon~nends approval of the proposed amendment which clarifies definitions in Part 26 of the Ordinance and adds a section authorizing the, City Manager to make a determination that certain of these improvements and dedications can be guaranteed through a written agreement, In answer to a question from Councilman Noe, the City Manager stated that the proposed amendment pertains to both large and small property owners in the City. The Mayor asked if anyone in the audience wished to speak for or against the proposed amendment. No one spoke concerning this matter. There being no oral protests and no written communications, the Mayor declared the Public Hearing closed. 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: 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 o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NOo 90, SECTION 126.4 OF PART 26 IN REFERENCE TO THE REQUIREMENTS OF STREET IMPROVEMENTS AND DEDICATION° It was moved by Councilman Harvey and seconded by Councilman Noe to approve the first reading of this Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILHEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None 16b City Council Minutes December 30, 1968 PROPOSED ZONING CONTROLS ON LINCOLN AVENUE ADJACENT TO THE CYPRESS JUNIOR ,COLLEGE: The City Manager presented a report dated Decemberl9, 1968, outlining the results of a study requested by the City Council concerning the most appropriate zoning classification which would provide control over the development of the property adjacent to the Cypress Junior College. It appears the application of the Civic Center (CC) overlay zone on the South side of Lincoln between Valley View and Holder, would provide the best architectural control since any use within the zone would require a Conditional Use Permitto determine the compatibility of the architecture to that of the buildings on the Junior College Campus. The report also reviewed the possibility of a planning grant from the Federal Government for a Neighborhood Development Pre~ram,i~ the sub]act area. Councilman Kanode suggested the possibility of a study also being made of the properties on Lincoln and Valley View with reference to zoning controls near the college~ It was moved by Councilman Harvey and seconded by Councilman Kanode to read the following Urgency Ordinance by title onlyo T~e motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen 0 COUNCILMEN: None 0 COUNCILMEN: None Title of the Ordinance is as follows: ORDINANCE NO. 402 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, ZONING ORDI- NANCE, BY PLACING CERTAIN PROPERTIES IN THE C-C ZONE (COMBINING CIVIC CENTER ZONE). It was moved by Councilman Harvey and seconded by Councilman Kanode to adopt Urgency Ordinance Noo 402° 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 Bowart None None It was moved by Councilman Kanode, seconded by Councilman Harvey, and unani- mously carried, to request the City Manager to notify the City of Buena Park of this action and request their support in adopting a similar architectural control zone for that portion of this area located in the City of Buena Park. It was further moved by Councilman Kanode and seconded by Councilman Noe to direct the Planning Commission to undertake a study of the areas adJacent to the Cypress Junior College and make a recommendation as to the architec- tural control zoning required. 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 1 59 City Council Minutes December 30, 1968 REQUEST FOR NO PARKING ZONE AT NEWMAN AND DENNI: The City Manager presented a report dated December 19, 1968, outlining the Traffic Committee's recom~nendation to establish no-parking areas on the east and west sides of Denninear Newman Avenue, which is adjacent to the Arnold School, in order to provide better visibility for motorists approaching the crosswalko It was moved by Councilman Noe and seconded by Councilman Kauel to adopt the following Resolution, establishing no-parking areas adjacent to the School crosswalk at Newman and Dennlo 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 Resolution is as follows: RESOLUTION NO. 933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO-PARKING" AREAS. REQUEST FOR NO PARKING ZONE ON KATELLA AVENUE: The City Manager presented a report dated December 19, 1968, outlining the Traffic Committee's recon~nenda- tion to prohibit parking on the north side of Katella from the west City Limits to a point 2900 feet east of the west City Limits° It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 934 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO-PARKING" AREAS° 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 PROPOSED FIRE SERVICE AREA NO. 15: The City Manager presented a report dated December 30, 1968, reviewing reports from the County Administra- tive Officer and the Office of the Auditor Controller regarding the studyof fire protection program costs. The City Manager also advised that the City of Los Alamitos had approved the formation of afire service area, and La Palma was also meeting this date concerning the matter° The formation of a fire service area will be the sub- Ject of a Public Hearing before the Board of Supervisors on December31, 1968. It was moved by Councilman Noe and seconded by CouncilmanKanode to receive and file the reports from the County Administrative Officer and the!Auditor Controller. Following brief discussion concerning the County's method of determining cost figures, 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 December 30t 1968 SECOND READING ORDINANCE AMENDING ZONING ORDINANCE ~Oo 90 RE: "BUILDING OR STRUCTURAL HEIGHT LIMITATION": 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: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowan None None Title of the Ordinance is as follows: ORDINANCE NO. 403 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE CYPRESS CITY CODE, SECTIONS 10905 AND 110.5, "BUILDING OR STRUCTURAL HEIGHT LIMITATION", OF ZONING ORDINANCE NOo 90, APPENDIX I TO SUCH CODE, TO INCREASE THE SETBACK FOR ANY TWO STORY STRUCTURE IN THE R-3 AND R-4 ZONES WHEN ABUTTING AN R-1 ZONE° It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe and Bowen None None APPROVAL OF FORM OF DRAINAGE EASEMENT--LOS ALAMITOS NAVAL AIR STATION PROPERTY: At the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey, and unanimously carried, to place on the agenda at this time consideration of the required drainage easement across the Naval Air Station property. The City Manager advised that the United States Department of Navy has re- quested City Council approval of the form of the drainage easement requested by the City across the Los Alamitos Naval Air Station property. The City Attorney has reviewed the form of the drainage easement and has found it to be satisfactory. It was moved by Councilman Noe and seconded by Councilman Kenode to approve the form of the easement required for drainage across the Naval Air Station property. 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 STATUS OF ABATEMENT OF PUBLIC NUISANCE ON SOUTH SIDE OF ORANGE BETWEEN WAL~.R AND GRINDLAY (MOSKOWITZ PROPERTY): The City Manager advised that Dr. Irving Moskowitz, owner of AP #244-301-16 and AP #244-191-67, on the south side of Orange between Walker and Grindlay has complied with the abatement of condi- tions on his property as recommended by the Staff~ It was moved by Councilman Noe and seconded by Councilman Kenode to accept Dr. Moskowitz' actions as satisfactory compliance with the City's request for abatement. 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 City Council Minutes December 30~ 1968 ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: It was moved by CouncilmanNoe, seconded by CouncilmanKanode, and unanimously carried to adjourn the meeting at 10:42 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY C~E~RK OF~THE' CITY OF CYPRESS