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Minutes 69-08-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 25, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, August 25, 1969, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Delno G. Kenode presiding. PRESENT: Councilmen Bowen, Harvey, Kenel, Noe and Kenode ABSENT: None Also present were City Manager/City Clerk Dartall Essex, City Attorney James Erickson end the following members of the City Staff: Coakley, Grissom, Poertner and Putnam. MINUTES: It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Adjourned Regular Meeting of August 5, 1969 as mailed. It was moved by Coancilman Harvey, seconded by Councilman Noe and unanimously carried to approve the Minutes of the Regular Meeting of August 11, 1969 as mailed. The City Manager advised that the Goals Steering Committee recommended to the City Council that special recognition be given to Mr. Vern Bakke, who assisted the Committee in the final tabulation of the Goals survey. It was generally agreed that a Resolution of commendation be prepared for pre- sentation to Mr. Bakke at the City Council meeting of September 8, 1969. The City Manager reviewed a request from the League of California Cities for the City Council to appoint a voting delegate and alternate for the business meeting of the League to be held at the Annual Conference in San Francisco. It was moved by Councilman Noe, seconded by Councilmen Bowen and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by CouncilmeriNos, seconded by Councilman Harvey and unanimously carried to appoint Mayor Kenode as the City's voting delegate at the Annual Business Meeting of the League of California Cities in San Francisco. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to appoint Mayor Pro-Tem Kanel as the City's alternate voting delegate at the Annual Business Meeting of the League of California Cities in San Francisco. The City Manager advised that the Annual Meeting of the Congress of Cities will be held in San Diego from December 1 through December 4, 1969. The City Manager reviewed discussions which he has held with Mr. Arnold, relative to holding a Joint meeting between the City Council end the Cypress County Water Distri~ Board of DirectOrs. General discussion was held relative to the scheduling of this Joint meeting; however, no determination was made at this time. The City Manager reviewed the status of the Urban TownScape Project and advised that since the socio-economic portion of this program had been completed as a part of the goals survey, an amount of $3,300 was available for funding additional Urban Townscape studies. The Planning Director, in discussing this matter with the consultants has recom- mended that these funds be used for the development of architectural standards for future multiple family, commercial end industrial developments in the City. A proposed scope of work has been received from Willson and Williams, AIA, which indicates that these standards could be completed at a cost not to exceed $5,000. This would require an additional $7,000 appropriation for the Urban Townscape Project. The Planning Director reviewed the scope of the work proposed and indicated that the firm preparing the architectural standards would like to coordinate this project with the first phase of the Urban Townscape study. In answer to an inquiry from Councilman Harvey, the Planning Director advised that the standards would be used only as a guideline and that the implementation of the program, either through the establishment of an architectural review committee or by other methods, would require further City Council consideration and action. Councilman Harvey expressed his concern that these standards may result in added delays in the completion of developments through the exercise of additional controls. Councilman Bowen stated that prior to determining whether or not the architectural standards should be implemented he would wish to review the completed study. It was moved by Councilman Bowen, seconded by Councilman Kanel and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Bowen and seconded by Councilman Harvey to authorize a study by the firm of Willson and Williams relative to the development of architectural standards for future multiple family, com.mrctal and industrial.. developments in the City at a cost not to exceed $5,000 and to appropriate $1,700 from the Fund Balance Account of the General Fund to the Planning Department Contractual Services Account 425-18. The motion was carried by the [ollow{ng roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and Kenode NOES: 1 COUNCILMEN: Noe ABSENT: O COUNCILMEN: None The City Manager presented a copy of the draft of the Resolution adopted hy the City Council regarding relocation of the Naval Air Station and revfewBd the Status of this matter. It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for consideration at this time. Following general discussion as to the manner in which the City should request the support from other surrounding cities, it was movedby Councilman Bowen and seconded by Councilman Harvey to send a communication to all cities in Orange County as well as to Long Beach, along with a copy of the City's Res01ution ask- ing their participation in an informational meeting relative to the ~elocation of the Naval Air Station. Following discussion as to whether it would be appropriate to transmit the ResO- lution to all cities at this time, Councilman Harvey withdrew his second to the previous motion and the motion died for lack of a second. It was moved by Councilman Harvey, seconded By Councilman Bowen and unanimously carried to authorize the Mayor and City Manager to contact the appropriate City officials to discuss the proposed expansion program of the Los Alamitos Naval Air Station. It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried to place consideration of the appointment of a committee Of two Council- men to meet with representatives from the City of La Palms to discuss mutual problems. It was moved by Councilman Noe, seconded by Councilman Bow~n and unanimously carried to designate Mayor Kenode and Mayor Pro Tom Kanel as the City'srepre-r senretires to meet with the representatives of the City of La Palms in discussing mutual problem. EXECUTIVE SESSION: It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to go into an Executive Session at 5:01 p.m. :forthe purpose O~f discussing Item No. 18, regarding settlement of litigation regarding~theCorporation Ya.rd.. The meeting was called hack to order at 5:30 with all City Councilmen~ present, -2 - It was moved by Councilman Bowen and seconded by Councilman Noe that the City Council reject the settlement proposal by Mr~ Hotwick, Attorney and Trustee for Mr~ Schabouth, in the amount of $30,000 for the acquisition of a parcel of property owned by Mr~ Horwick for Mr. Schabouth, now under condemnation action by the City of Cypress, known as Orange County Superior Court Case No. 164085. 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 Kanode None None RECESS: It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to recess at 5:33 p.m. until 7:30 p.m. that evening. CALL TO ORDER: The Mayor called the meeting beck to order at 7:30 p.m., w~th the following in attendance: PRESENT: Councilmen Bowen, Harvey, Kanel, Noe and Kanode ABSENT: None Also present were City Manager/City Clerk Dartell Essex', City .Attorney-Jm~es' Erickson and the following members of the City Staff: Amberg, Coskley,,Dunlap, Grissom, Jolley, Poertner and Putnam. CONSIDERATION OF AWARD OF CONTRACT FOR THREE-qUARTER TON PICKUP TRUCK: The CityL Manager presented a report dated August 21, 1969, reviewing proposals which were received for the purchase of one three-quarter ton pickuptruck,!!inciud[ng automatic transmission. The report indicated that of seven bids received', BeaCh City Dodge, 16555 Beach Boulevard, Huntington Beach, California, submitted the" lowest and best bid in the amount of $2,816.72. It was moved by Councilman Harvey and seconded by Councilman Bowen to accept the bid of Beach City Dodge in the amount of $2,816.72, including sales'tax as the lowest and best bid, and to award the contract .for the purchase of one three-quarter ton pickup truck to Beach City Dodge, 16555 Beach BoUlevard, Huntington Beach, California. The motion was unanimously carried by the follow- ing roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CONSIDERATION OF AWARD OF CONTRACT FOR IMPROVEMENT OF BALL ROAD, BLOOMFIELD STREET AND VIA LARGO STREET~ PROJECT NO. 6960-10-0475: The City Manager presented a report dated August 19, 1969, from the Public Works Director reviewing the re- sults of a bid opening for the improvement of Ball Road, Bloomfield Street, and Via Largo Street. The report indicated that of three bids received, John B. Ewles, Inc., 14856 Dtllow Street, Westminster, California, submitted the lowest and best bid in the amount of $71,960.81, which is approximately 19.2% below the Engineer's estimate for the project. The report further indicated that due to increases in the scope of the project, additional expenditures by the City of approximately $4,000 will be required. It was moved by Councilman Bowen and seconded by Councilman Noe to determine that the lowest and best bid for the improvement of Ball Road, Bloomfield Street and Via Largo Street, Project No. 6960-10-0475, was submitted by John B. Ewles, Inc. and that the contract be awarded to John B. Ewles, Inc., 14856 Dillow Street, Westminster, California, as per the proposal dated August 18, 1969 in the amount of $71,960.81. In response to an inquiry from Councilman Harvey, the City Manager advised that a total of $8,000 should be appropriated for this Project, with $4,000 to be allocated from the Gas Tax 2106 Funds and the additional $4,000 to come from the General Fund, which will later be reimbursed from the Orange County Arterial Highway Financing funds. 415 3 In answer to a question from Councilman Harvey, the City Manager advised that this project would not necessitate the closinE of any streetS. Councilman Bowen's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode None None It was moved by Councilman Harvey and seconded by Councilman Nee to appropriate $4,000 from the Fund Balance Account of the General Fund tothe General Fund Capital Improvement Account 6960-10-0475 and to appropriateS4,000 from the Fund Balance Account of the Gas Tax 2106 Fund to the Gas Tax 2106 Fund Capital imp=eve-' ment Account 6960-10-0006. The marion was unanimously carried bythe following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode None None CONSIDERATION OF AWARD OF CONTRACT FOR PAVING OF CERRITOS AVENUE FROM VA~3.~.YVIE%F ~O KNOTTt PROJECT NO. 6961-10-0477: The City Manager presented a report dated August 19, 1969 from the Public Works Director reviewing the results era bid opening for the paving of Carrites Avenue from Valley View to Knott Street. The ' report indicated that of two bids received, Sully Miller Construction Company Orange, California, submitted the lowest and best bid inthe amei~nt of'$55~.794,00, which is approximately 10.8% below the Engineer's estimate forthe project. It was moved by Councilman Kanel and seconded by Councilman Nee to detezmline that the lowest and best bid for the paving of Cerritos~Avenue from Valley View'toLKnott was submitted by Sully Miller Construction Company, P.O. Box 432, Orange California and that the contract be awarded to Sully Miller Construction Company as per their proposal dated August 19, 1969 in the amount of $55,794.00. The metfQ~ was unm~imeusly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kenel, Nee end Kenode None None CONSIDERATION OF AWARD OF CONTRACT FOR PHASE II OF 1969 WEED ABATEMENT PROGRAM: The City Manager presented a report dated August 20, 1969 from the Public Works Director reviewing the results of a bid opening for Phase II of the 1969 Weed Abatement Program~ The report indicated that the only bid received was submitted by Edwin Webbar, 8472 Rembrandt Drive, Huntington Beach, California in the amount of $8,296.50, which compares favorably with bids received on previous weed abate- ment progrsms. It was moved by Cotmcilman Bowen end seconded by Councilman Kenel to determine- that the bid submitted by Edwin Webbar, 8472 Rembrandt Drive, Huntington Beach,' California, in the amount of $8,296°50 is the lowest and best bid and to further authorize the Mayor to sign and the City Clerk to attest the contract for Phase II of the 1969 Weed Abatement Program. In response to a question from Councilmen Harvey, the City Manager advised that he did not feel the City would receive more bids if this project were re-adver- tised, due to the limited scope of the work. Councilman Bowen,s marion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode None None C.ONSID. ERATION OF AWARD OF CONTRACT FO~ MAINTENANCE OF .AIR CONDITIONING AN~ HE. AT!~G EQUIPMENT AT ClVIC CENTER AND LIBRARY FACILITIES: The City Manager presented a report dated August 21, 1969, reviewing the results of a bid opening for the maintenance program of the air conditioning end heating equipment at the Civic Center end Library facilities for the period from September 1, 1969 through August 31, 1970. The report indicated that bids were requested from four firms; howeVeT, -4- only one bid was received for this service, that being from R~bertshaw Controls Company, 1601 South Manchester Avenue, Anaheim, California, in the amount of $2,652°00° It was moved by Councilman Harvey and seconded by CouncilmanKanel to authorize acceptance of the proposal submitted by Robertshaw Controls Company for mainte- nance of the air conditioning and heating equipment at the Civic Center and.. Library facilities, for the period from September 1, 1969 through August 31, 1970, as outlined in Quotation No. 6970-6 in the baSe.amount of $2,652.00 per year, upon receipt of a performance bond in a form acceptable to the City, effec~ tire September 1, 1969. The motion was unanimously carriedby the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None ORAL COMMUNICATIONS: Mro Robert Hopkins, 4192 Avehide Madrid, Cypress, California, addressed the Council requesting the Council's consideration of adopting an Urgency Ordinance changing the zone of the property located at the southwest corner of Lincoln Avenue and Dennt Street from R-4 (High Density Multiple Family) to R-1 COne Family Residential), in order to allow sufficient time to study the area to make a determination as to the most appropriate zoning which would serve as a buffer between the commercial and residential uses. Mr. Hopkins indicated that develop- mont of this property in a high density use would have a drastic impact on the Cypress School District in providing adequate facilities to accommodate the additional school children~ He further indicated that increased pressure would be imposed in obtaining adequate recreational facilities for the yOung people in the area. Mr. Conrad Tuohey, 2555 East Chapman Avenue, Fullerton, California addressed the ' Council as representative of the owners of the property at the southwest corner of Lincoln and Denni, stating that he and his client only recently became aware of the objections to this development and suggesting that this matterbelreferred to the Planning Comm{esion for review and that in the fnterim a meettng!beE~eld between the developer of this property and the concerned residents in an attempt to resolve any problems and to answer any questions which the residents may have. Mro Hopkins again addressed the Council inquiring as to the time limits involved in which the Planning Commission and Council must act upon a tract map prior to its automatic approval. He also presented certain statistics which he had pre- pared comparing the number of children that reside in apartment dwellings with the number of children in single family residences° He stated that ~t appeared to him that residents in single family residences would bear the major burden for school taxes, according to property taxation etc., while the multiple family residences would bear a lesser burden for these taxes and yet would contribute more children to the school facilities. The City Attorney reviewed the provisions of the Subdivision Map Act and out- lined the procedures utilized in the granting of variances and in adopting urgency ordinances° It was moved by Councilman Bowen, seconded by Councilman Harvey and unanimously carried to place this item on the agenda as Item No. 10 b. to be considered following the scheduled Public Hearings. CONTINUATION OF PUBLIC HEARING RE: ANNEXATION NO. 69-3: The Mayor announced this was the time and place for the continuation of Public ~eartng to hear objections from owners of real property within Annexation No. 69-3 located on' the south side of Lincoln Avenue west of Valley View to the proposed Annexation. The Mayor stated that the Public Hearing is open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated August 21, 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 posting of the Notice of Continu- ation of the Public Hearing. He further indicated that con~nunlcations concerning this Annexation have been received from Mrs. Clara Goldstein, Mr. and Mrs. Joseph Cawley and Mr. 3acob I~ Goldstein. -5- The City Manager reviewed a verbal request from a major property owner within this annexation for a continuance until the City Council meeting of September 8, 1969. It was moved by Councilman Kanel and seconded by Councilman Harvey to continue the Public Hearing to hear objections from property owners within Annexation No. 69-3 until 8:QO~Amo on Monday, September 8, 1969 in the City Council Chambers. The motion ~ animously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode NOES: O COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT -- PAiRKWAY INN (MRS, MYRTLE C. LOWERY): The Mayor announced this was the time and place for the continuation of Public Hearing to consider an application for a Live Entertainment Permit to permit a four-piece western dance band at the Parkway Inn, 4604 Lincoln Avenue, Cypress, California, as requested by Mrs. Myrtle C. Lowcry, 12231 Brittain, Hawaiian Gardens, California. The Mayor announced that the Public Hearing is open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated August 21, 1969, indicating that this Public Hearing was continued to allow additional time for the Police Department to complete its investigation of the application. The report further indicated 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 posting of the Notice Of Continu- ation of Public Hearing. The report further reviewed the factors to be Considered by the City Council in making a determination as to whether the proposed enter- tainment would comport with the peace, health, safety, convenience, good morals and general welfare of the public or whether the applicant is unfit to .be trusted withthe privileges granted by such permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. Lieutenant Amberg of the Police Department reviewed a report dated August 20, 1969, outlining the results of the Police Department's investigation of the subject application and indicating that the Police Department would object to granting of the proposed permit° The City Manager then read into the record of the Public Hearing a communication dated August 7, 1969 from Dro David A. Ginns, who owns a home adjacent to the Parkway Inn, objecting to the granting of the Live Entertainment Permit due not only to the noise which would be generated from granting the request, but also the type of people that might be attracted to the establishment. Councilmen Bowen reviewed his con~nents made when the previous Permit for Live Entertainment was granted at the Parkway Inn, in which he stated that upon con- struction of the residences adjacent to the Parkway Inn, other factors would have to be taken into consideration in granting the Live Entertainment at this establish- mont. He further indicated that based on the report from the Police Department and his own observations, he does not think that the Parkway Inn comports with the peace, health, safety and good morals of the community. In response to an inquiry from Councilman Harvey, the Planning Director stated that the Parkway Inn is a maximum distance of 250 feet from the residential area to the south. In response to an inquiry from Councilman Kanel, the City Manager stated that it was his understanding that the Parkway Inn had a general license which does pro- vide for the sale of liquor as well as beer° Upon the request of Councilman Bowen, the Planning Director pointed out on a map the location of the Parkway Inn and its proximity to the residences to the south. The Mayor asked if anyone in the audience wished to speak in opposition to this Live Entertainment Permit° Mr. James Carrot, 4623 Rainier Drive, Cypress, California, addressed the Council stating that he was speaking on behalf of several homeowners and indicating that they had been subjected to the noise from the establishment. He further indicated that he had made approximately five complaints about this noise to the Police Department° He also stated that there are other noises in the parking lots, such as horns blowing, screaming and laughing. He said that these noises usually occur between the hours of 11 p.m. and 2 a.m. and keep him awake. Mr. Pat O'Hara, 9170 Whitney Way, Cypress, California addressed the Council object- ing to approval of this Live Entertainment Permit~ The Mayor asked if anyone in the audience wished to speak in favor of granting this Live Entertainment Permito No one addressed the Council speaking in favor of the subject permit° Mr. Les Wilson, 9190 Whitney Way, Cypress, California addressed the Council speak- ing in opposition to the proposed Permit due to its proximity to his residence. In response to inquiries from members of the City Council, Mr. James Cartar addressed the Council stating that there are approximately 10 to 12 homes located directly behind the Parkway Inn, and that due to the number of complaints that he has issued regarding the noise through the Police Department, he feels the owners are aware of the disturbance° There being no further written conmmnications or oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the appli- cation for a Live Entertainment Permit at the Parkway Inn, 4604 Lincoln AvenUe, Cypress, California, as requested by Mrs. Myrtle C. Lowcry on thebasisthat the proposed entertainment would not comport with the peace, health, safety, convenience, good morals and general welfare of the public. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Nee and Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT -- V.I.P~ BEER BAR ( W0 N. DEATHgRACE): The Mayor announced this was the time and place for the continuation of Public Hearing to consider an application for a Live Entertainment Permit to permit a four-piece western dance bandat the V..tlP. Beer Bar, 4612 Lincoln Avenue, Cypress, as requested byMr. We N. Deakhe~a~e. The Mayor stated that the Public Hearing was open a~d'requeated~ke ~ta~{~=tol~eSent its reports, The City Manager read into the record of the Public Hearing a report dated August 21, 1969, indicating that this Public Hearing was continued to allow additional' time for the Police Department to complete its investigation oftheapptic~tfon. The report further indicated that the original af'fidavfts ofposting, publ~cation and mailing of the Public Hearing notices on this matter are en file in the0ffice of the City Clerk, along with the affidavit of posting ef'theNotfce"ef!Con~[nuat[on of Public Hearing. The report further reviewed the factors tebe! ~onside=ed=!by' the City Council in making a determination ae~ to wketI~er Dhe!p~epO~ed'~.em~e~ta~nment would comport with the peace, health, safety,"comven~ence, goedmoralS~d!general welfare of the public or whether the applicant is unfit to'Be"~nSted!w~thtke" privileges granted by such permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The City Manager read into the record of the Public Hearing a connnunication dated August 7, 1969, from Dro David A. Ginns, who owns a home adjacent to the V.I.P. Beer Bar property, objecting to the granting of the Live Entertainment due not only to the noise which would be generated from granting the request but also the type of people that might be attracted to the establishment. Police Lieutenant Amberg reviewed a report dated August 20, 1969, outlining the results of the Police Department's investigation of the subject application and indicating that the Police Department would object to granting of the proposed permit~ General discussion was held relative to the contents of the report of the Police Department's investigation, specifically the information that Mr. Deatherage as owner was also a participating member in the band° In response to an inquiry from the City Attorney, Lieutenant Amberg stated that is in violation of the Alcoholic Control Board laws not to have a manager of a beer bar registered with that Board. The Mayor asked if anyone in the audience wished to speak in favor of granting this Live Entertainment Permit~ - 7 - Mrs. Barbara Roberrs, 616 South Raymond, Fullerton, California, addressed the Council as Manager of the V~I~P~, speaking on behalf of the applicant. She indicated that the members of the mQtorcycle club had been asked to leave the establishment and they have. She further indicated that they are seeking a per- mit to allow a quiet band~ She stated that they do not serve minors, and there are no narcotics on the premises. The Mayor asked if anyone in the audience wished to speak in opposition to granting of the Live Entertainment Permit~ Mr. James Carter, 4623 Ranier Drive, Cypress, California, addresSed the Council stating his opposition to a Live Entertainment Permit for the V.I.Pi Beer Bar due to the noise and undesirable patrons that such a permit would attract. In response to an inquiry from Councilman Bowen, Mr. Carter stated that it would be difficult to determine whether the noise from the bands was coming from the Parkway Inn or f~om the VoI.P. Mr. Don Jennewtn, 4594 Shasta Circle, Cypress, California addressed the Council speaking in opposition to the Live Entertainment Permit stating that he noticed on one occasion at least 20 to 30 motorcycles parked in front of the V.I.Pi Beer Bar about 9:00 p~m0 There being no further written con~nunications or oral p=otests, the Mayor declared the Public Hearing closed~ It was moved by Councilman Bowen and seconded by Councilman Harvey to deny the application for a Live Entertainment Permit at the V.I.P. Beer Bar, 4612 Lincoln Avenue, Cypress, California, as requested by Mr. W. N. Dearher , on the basis of the report from the Police Department which indicates that the proposed: enter- tainment would not cohort with the peace, health, safe=7, conven[enCe,~good'morala and general welfare of the public. The motion was unanimoua~y carried by~ the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None RECESS: The Mayor declared a recess at 8:40 p~m. The meeting was called back to order at 8:50 p.m~, with all City Councilmen present. PUBLIC HEARING RE: MODIFICATION OR REVOCATION OF CONDITIONAL USE PERMIT NO.. C-211 (HYATT DIE CAST CORPORATION): The Mayor announced this was thetime:and' place for' the Public Hearing to consider the possible modification or revocationof Conditional Use Permit No. C-211, to allow the establishment of a die casting manufacturing plant in an M-1 (Light Manufacturing) zone, on proper~y generally located at 4656 Lincoln Avenue, Cypress; granted to Hyatt Die Cast; initiated by the Cypress City Council. The Mayor declared the Public Hearing open and requested the Staff to present its reportso The City Manager read into the record of the Public Hearing a report dated August 25, 1969, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk. The Planning Director read into the record of the Public Hearing a report dated August 6, 1969 outlining the action taken by the Planning Conntssion in its Resolution No. 473 which recommended modification of Conditional Use Permit No. C-211, and outlined various conditions which would effect this modification. He further reviewed a map of the area which indicated the homes adJacent to Hyatt Die Cast from which complaints have been received. At this time, the City Manager read into the record of the Public Hearing a communication dated August 20, 1969, signed by sixteen families adjoining the Hyatt Die Cast property objecting to the noise and odor emanating from the tin building located on the south of the Hyatt Die Cast property. The City Attorney reviewed Section 120.8 of the Cypress City Code which outlines the grounds by which a Conditional Use Permit may be revoked or modified. -8- 421 In response to inquiries from Councilman Harvey, the Planning Director indicated that Condition No. 4, prohibiting the operation of boat engines was imposed as a result of a complaint from a person who appeared at the Public Hearing before the PlanD4nZ Commission, and that Condition No. 8 had recommended extending the time limit for installation of the landscaping since the Commission felt it more important to resolve the problems involving the vibrations and noise. He further advised that the compressor has been moved to the east side of the south building. In answer to a question from Councilman Bowen, the Planning Director advised that the landscaping would be required along all of the Hyatt Die Cast property abutting residential properties. Considerable discussion was held among the City Council members regarding the condi- tions proposed by the Planning Commission relative to restrictions on outside compres- sors, bell and intertom systems and boat engines. The City Manager advised that these conditions are modifications of the original conditions; and at this time, the Planning Director reviewed the conditions which were originally imposed on the approval of Conditional Use Permit C-211. The Mayor asked if anyone in the audience wished to speak in opposition to the modification or revocation of Conditional Use Permit No. C-211. Mr. Albert Hyatt, 251 Orangeacres Drive, Anaheim, California, addressed the Council as President of Hyatt Die Case Corporation stating that he is making every attempt to correct the problems which exist at his establishment relative to noise and that he had requested an extension of time for fulfilling the landscaping requirements as a result of the opinion of the sound engineer of Bolt, Beranek and Newman that this landscaping would contribute nothing toward sound abatement. He indicated that he had proposed to utilize these funds toward correcting the major problems. Mr. Hyatt indicated that he has complied with most of the original conditions imposed on the conditional use permit and that he had already commenced work to comply with the conditions recommended by the Planning Commission in the event the Council determines that the conditional use permit should be modified. He further stated that the bells are used to indicate the various shift changes, breaks and lunch hours° In reference to the problems with fumes and odors from the Pico Craft operation, Mr. Hyatt indicated that he felt the added restrictions which have been recommended will require Mr~ Pederson to relocate his operation. Mr. Hyatt stated that he had come into the City in good faith and had had no complaints until the homes had been constructed on the property west of Hyatt Die Cast and that when complaints regarding the noise were received, they had hired the firm of Bolt, Beranek and Newman and gave them full authority to do what- ever was necessary to achieve a solution to the sound problems. Mr. Hyatt further reviewed other measures which have been taken to resolve the complaints regarding his operation~ In response to an inquiry from Councilman Harvey, Mr. Hyatt stated that he had received only a few telephone calls complaining about his operation and that the first time that he had been aware of any major problems was when he was advised that the Conditional Use Permit would be considered for modification or revocation due to complaints which were presented to the City Council. In answer to a question from Councilman Kanel, Mr. Hyatt stated that he had discussed with Mr. Pederson the possibility of contacting the Health Department to determine the type of problem present at Pico Craft to attempt to obtain the least odorous materials for use in his operation. At this time, Councilman Bowen reviewed the reasons for changing the zone to the west of the Hyatt Die Cast property from R-4 (High Density Multiple Family) to R-1 (One-Family Residential), which occurred as a result of camplaints from the resi- dents in the Fairway Park Tract. In response to an inquiry from Councilman Harvey, the City Manager stated that the City Manager's Office had received no complaints after the Conditional Use Permit had been approved, and the Planning Director stated that the Planning Department had received letters from the property owners to the west of the Hyatt Die Cast property. Councilman Harvey indicated his surprise that few complaints had been received either by the Staff or Mr. Hyatt until the problem was presented to the City Council. - 9 - The Mayor asked if any6ne in the audience wished to speak in favor of modification or revocation of Conditional Use Permit C-211o Mr. James Warnemuende, 9172 Julie Beth Street, Cypress, California, addressed the Council stating that there was concern among the property owners on the west side of the Hyatt Die Cast operation which was voiced during the original Public Hear- ing and that once the Conditional Use Permit had been granted the residents had only to wait to see if Hyatt Die Cast would comply with the conditions imposed. After the property westerly of the Hyatt Die Cast operation had been constructed and the residents were disturbed by the noise and odor, it was felt that the com- plaints should be brought before the City Council. Mr~ Warnemuende further requested the Council to consider requiring sound buffers to protect the residents on the west side of Hyatt Die Cast. He indicated that he feels in the past few months it has become apparent that Mr. Hyatt will not com- ply with the conditions imposed° Mr. Howard Neil, 9171 Julie Beth Street, Cypress addressed the Council stating that he felt the efforts made by Mro Hyatt most recently are Commendable, but he did not feel these will reduce the noise levels on his property. He further re- quested that Phase II of the sound recor~nendations from Bolt, Beranekand Newman be implemented without further sound studies° Mr. William Schaper, 9173 Ethel Street, Cypress, California addressed the Council stating that he was one of the original persons who voiced hie objection to the Hyatt Die Cast operation° He indicated that he did not feel the type ef buildings utilized by Mro Myatt could be sound-proofed and that he fur~ker' didnotfeel that a die cast manufacturing plant should be allowsdin an M-1 zone.! ~ Sta=edthah more measures should have been taken to insure that Mr. Hyatt was abiding by the original conditionso In response to inquiries from Mr. Schaper, the City Attorney stated that the issue in a Conditional Use Permit is a limited one, in that it does' not determine whether or not a particular use should be permitted in the zone, but rather whether it shall be permitted with conditions that make it compatible. Mr. Lee Wilson, 9190 Whitney Way, Cypress, California, addressed the Council relative to the map which had indicated the homes from which original complaints had Been received. He indicated that when the conditional use permitshad or~gi~ally been granted, many of these homes were not occupied and that only a representative sample of residents had signed the petition presentedto the City Council. MS. Fred Glass, 9210 Whitney Way, Cypress, California, addressed the Council com- plaining about the bells which operate day and night seven days a week, including a fire bell, which he reported is activated once every three to four hours. In response to an inquiry from Councilman Kanel, Mr. Glass stated that the bells come from inside Pico Craft and that the tin walls on the building housing the Pico Craft operation compound the noise° In response to a question from Councilman Harvey, Mr. Glass stated that when he was purchasing his home, he was advised by the salesman at Larwtn Company that the building which currently houses the Pico Craft operation was a storage building. Mr. Paul Price, 9191 Julie Beth Street, Cypress, California, addressed the Council stating that the City's code regulating sound is one of the best in the Country m~d that if Mro Hyatt is required to make his building comply with the City Code requirements for noise levels, there should be no further problems in this area. He further indicated that the pneumatic tools utilized by Pico Craft in its oper- ation could not be made to comply with the sound requirements of the City Code. Mro Frank Besse, 9161 Whitney Way, Cypress, California, addressed the Council indicating that Mro Hyatt has been correcting many of the items around his plant, but has opened up a roof in one of his buildings which has increased the noise problem, due to the tntercom system operating within the building. He further stated that he felt Mro Hyatt should not be given a 90-day perfodoft~me to ex~ pertment with sound levels. Mr. Pat O'Hara, 9170 Whitney Way, Cypress, California, addressed the Council stating that he would request the Council's consideration of requiring Mr. Hyatt to proceed immediately with the landscaping and planting of trees around his plant. - 10 - M~so Wllma Wilson, 9190 Whitney Way, Cypress, California, addressed the Council complaining about the intercom noise from the Hyatt Die Cast property. Mro Bruce Blizzard, 9120 Whitney Way, Cypress, California, reviewed the problems which have arisen as a result of the Hyatt Die Cast operation, and reqUested the City Council to take careful note of the outcome of their decision relative to modification or revocation of the Hyatt Die Cast Conditional Use Permit. In response to an inquiry from Mayor Kanode, Mr~ Hyatt stated that the City Council and Planning Commission are welcome to view his plant. He Stated however, that this could not be open to the public~ The City Attorney advised that it would be possible for the City Council to adjourn its meeting to the Hyatt Die Cast Plant and to conduct a view of the operation as part of the Public Hearing; however, it must be a public meeting which a repre- sentative group of the audience is welcome to attend. The City Attorney further reviewed the procedures to be followed if the City Council wished to make inspec- tions of the Hyatt Die Cast operation as viewed from the adjacent residences. Mr. Hyatt again addressed the City Council stating he could see no reason to further delay the proceedingso He stated that he is aware of the problems at his plant and is taking steps to rectify these problems. He indicated that he has initiated steps to comply with the conditions imposed on the Planning Commission's Resolution recom- mending modification to the City Council, which entailed a considerable monetary risk in that he does not know if the City Council will accept the recommendation of the Planning Commission or decide to revoke his Conditional Use Permit° Considerable general discussion was held relative to the wording of the conditions suggested by the Planning Commission in the event the Conditional Use Permit were modified, following which it was moved by Councilman Noe and seconded by Councilman Harvey to continue the Public Hearing to consider the possible modification or re- vocation of Conditional Use Permit Noo C-211 to Tuesday, August 26, 1969 at 7:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, California~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: 0 COUNCILMEN: None ABSENT: O COUNCILMEN: None It was moved by Councilma~Noe and seconded by Councilman Bowen to continue Item 10 B relating to the request for an Urgency Ordinance to change the zone of property at the southeast corner of Lincoln and Denni from R-4 (High Density Multiple Family) to R-1 (One-Family Rasidential) to Tuesday, August 26, 1969, following conduct of the Public Hearingo 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 Kanode None None RECESS: The Mayor declared a recess at 11:06 pam. The meeting was called back to order at 11:16 pom~ with all City Councilmenpresent~ PUBLIC HEARING RE: ZONE CHANGE NO. Z-179 (LARWIN COMPANY): The Mayor announced this was the time and place for the Public Hearing to consider an application for amendment to the Zoning Ordinance of the City of Cypress, No. 90, to change the zone of property generally located on the south side of Orange Avenue 150 feet easterly of Valley View Street to the easterly boundary of Tract 4377 from an R-1 (Single-Family Residential Zone) to anR-3 (Multiple-Family Residential Zone), re- quested by the Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, known as Zone Change Noo Z-179o The Mayor declared the Public Hearing open and re- quested the Staff to present its reports~ The City Manager read into the record of the Public Hearing a report dated August 21, 1969, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written communications either in favor of or in opposition to the proposed zone change have been received. - 11 - e Planning Director read into the record of the Public Hearing a report dated August 1, 1969, reviewing the extent of the zone change request and presenting the Planning Commission's recommendation of approval. Councilman Harvey stated that at the time the Signer Ranch applied :for approval of its map, there was involved a parcel of property at the southwest comer of Orange and Juanira to be zoned R-3 in order to consummate the business arrangement. He indicated that he was opposed to R-3 zoning on the south side of Orange Avenue at that time, since this would have resulted in R-3 zoning extending to Valley View. If the subject zone change were approved, Councilman Harvey indicated that it would provide R-3 zoning from Holder to Valley View, which was opposed by persons who approached the Planning Commission and Council at the time of the previous zone change° He indicated that previously he had been advised by Larwin Company that this property was to be developed as R-1 and would suggest that they fulfill their statement made at that time° The Mayor asked if anyone in tha audience wished to speak in favor of this zone change. Mr~ John Tappking, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council representing the applicant indicating that this zone change had been requested to provide a buffer for residents to the south from the existing commercial frontage on Orange Avenue and further to avoid the placement of homes facing the Orange Avenue commercial development° He further stated that other commercial zone classifications did not appear suitable for the area° Councilman Bowen stated that he did not feel high density uses would be compatible adjacent to Greenbrook homes° The Mayor asked if anyone in the audience wished to speak in opposition to this change of zone~ In response to an inquiry from Councilman Kanel, the Planning Director stated that the Planning Department feels the R-3 zoning is the best way to handle the problem. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed~ It was moved by Councilman Harvey and seconded by Councilman Bowen to deny Zone Change Noo Z-179o The following roll call vote was taken on this motion: AYES: 2 COUNCILMEN: Bowen and Harvey NOES: 3 COUNCILMEN: Kanel, Noe and Kanode ABSENT: 0 COUNCILMEN: None The motion failed to carry. It was moved by Councilnmn Noe and seconded by Councilman Kanel to read the follow- ing Ordinance by title onlyo 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 Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGLE-FAMILY RESIDENTIAL ZONE) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL ZONE), ZONE CHANGE NO. Z-179. It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: O COUNCILMEN: Kanel, Noe and Kanode Bowen and Harvey None - 12 - 425 It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to proceed to Item Noo 16 at this time° CONSIDERATION OF APPROVAL OF TENTATIVE TRACT MAP NO. 7044 (LARWIN COMPANY): The City Manager presented a report dated August 1, 1969, from the Secretary of the Planning Commission reviewing the scope of and conditions recommended by the Plan- ning Commission relative to the approval of Tentative Tract Map No. 7044, generally located on the south side of Orange, 150 feet easterly of Valley View Street, con- sisting of five lots and 2ol acres, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. Mr. John Tappking, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council representing Larwin Company stating that they are in accordance with the conditions recommended~ It was moved by Councilman Kanel and seconded by Councilman Noe to approve Tentative Tract Map Noo 7044, 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. 3. The developer shall provide a street lighting system approved by the City Engineer° 4. 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~ 5. Drainage shall be solved to the satisfaction of the City Engineer. 6. Developer shall install an Orange County surveyors' monument at the intersection of Orange Avenue and Valley View Street, or shall pay for installation~ 7. Drainage from adjacent properties shall be resolved to the satisfaction of the City Engineer. 8. Orange Avenue shall be improved in conformance with the general plan of the streets and highways, including marbelite street light standards. 9. Vehicular access rights shall be dedicated to the city along all lots fronting on Orange Avenue° 10. Drainage fees shall be paid in accordance with the master plan of drainage. 11. Street trees, type and size to be determined by city staff. 12. All streets shall be dedicated and improved within the boundary of the Tract° 13. If abandonment is allowed, developer shall pay all costs of abandonment and prepare all legal descriptions and maps. 14. The subdivision is subject to the approval of a zone change on Lot 5 from R-1 to R-3o 15. All lots shall drain with a minimum 1% grade. 16. If zone change is allowed, a 6-foot block wall shall be required to be constructed along the east, west and south boundaries of the alley. 17. The blue border shall be to the centerline of Orange Avenue. 18. Retaining walls shall be constructed where required by a one-foot grade differential on tract boundary. 19. Alley grades are to be 0.20% minimum. 20. Any required retaining walls shall have footings designed for an ex- tension to an ultimate 6 feet in height. - 13 - 21. All lots shall be 6000 square feet° 22° A Lot A will be required on the west, east and south side of the alley. 23. The developer shall comply with the requirements of the County Fire Code. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Noe and Kenode Bowen and Harvey None It was moved by Councilman Kanel, seconded by Councilman Bowen end unanimously carried to proceed to Item No. 19 at this time. CONSIDERATION OF ADOPTION OF ORDINANCE ESTABLISHING 196~-70 TAX RATE FOR CITY OF CYPRESS: The City Manager presented a report dated August 25, 1969, outlining the necessity for the City to establish the tax rate for the current fiscal year. The report further indicated that the City has been advised that the 1969-70 assessed value of the City, including both the local secured and public utility rolls is $49,405,334, while the unsecured assessment roll is $960,487. Based on a tax rate of $1.00 per $100 assessed valuation, and utilizing a 5% delinquency factor, the City would receive from property taxes an amount of $469,350 during the 1969-70 fiscal year. It was moved by Councilmen Bowen end seconded by Councilman Noe to read the follow- ing Ordinance by title only. Councilmen Harvey stated that as a result of the increased assessed valuation of the City, the income of the City from property taxes will be approximately $12,000 more then budget projections° He further stated that several of the School Districts, the Cypress County Water District end other cities in the County have initiated de- creases in their tax rates as a result of increased assessed valuations. He further indicated that the City is implementing the fire district which will require an additional tax burden on the property owner° Based on these factors, he suggested that the additional income from the increased assessed valuation be implemented in a one-time reduction in the property tax rate connnensurate with the cost of the new fire district, or that this excess income be applied toward a reduction in the fire district cost. Councilman Bowen indicated that he would be opposed to a tax rate reduction at this time since it might be necessary to again raise the taxes in the next fiscal year when the City will be required to cormuence payment for the drainage bonds. He further pointed out instances when cities had reduced their tax rates only to be required to raise them the next year. The City Manager advised that $28,000 of the estimated property tax revenue will not be received by the City until May or June of next year. Mayor Kenode stated that prior to reduction of the tax rate, the City Council must also consider the services to be provided by the City. Councilmen Bowen's motion to read the following Ordinance by title only was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe end Kenode NOES: O COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Title of the Ordinance is as follows: ORDINANCE NO~ 415 AN ORDINANCE OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1969-70 It was moved by Councilmen Kanel and seconded by Councilman Noe to adopt this Ordinance. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Kanel, Noe end Kanode NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None - 14 - It was moved by Councilman Kanel, seconded by Councilman Bowen and unanimously carried to proceed to Items No. 22 and 23 at this time. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 21993 THROUGH 22064: It was moved by Councilman Noe and seconded by Councilman Kanel to approve the Commercial Warrant List for Warrants No. 21993 through 22064 in the total amount of $50,277.36. The motion was unanimously carried by the following roll call Vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-178: It was moved by Councilman Bowen and seconded by Councilman Kanel to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Title of the Ordinance is as follows: ORDINANCE NO. 416 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONING OF THREE PARCELS OF LAND, KNOWN AS ZONE CHANGE NO. Z-178: PARCEL 1, FROM COUNTY C-2 (GENERAL COMMERCIAL ZONE) TO CITY C-Z (GENERAL COMMERCIAL ZONE); PARCEL 2, FROM COUNTY M-1 (LIGHT MANUFACTURING ZONE) TO CITY C-3 (COMMERCIAL MANUFACTURING ZONE); PARCEL 3, FROM COUNTY C-2 (GENERAL COMMERCIAL ZONE) TO CITY H-C (HIGHWAY COMMERCIAL ZONE). It was moved by Councilman Noe and seconded by Councilman Kanel to adopt the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to adjourn the meeting at 12:10 a.m. to Tuesday, August 26, 1969 at 7:00 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress, California. MAYOR OF THE CITY OF CYPRESS ATTEST: i/ _:' ~,~,l / .'.,!.- ..~. CITY CLERK OF THE CiTY OF CYI~RESS ' 15 '