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Minutes 69-08-26MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 26, 1969 An adjourned regular meeting of the Cypress City Council was called to order at 7:00 p.m. on Tuesday, August 26, 1969 in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem John Kanel Presiding. PRESENT: Councilmen Bowen, Harvey, Kanel and Noe ABSENT: Mayor Kanode Also present were City Manager/City Clerk Dartell Essex, City Attorney James Ertckson and the following members of the City Staff: Amberg, Coakley, Grissom, Jolley, Poertner and Putnam. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: TRANSFER OF OFF-SALE GENERAL LICENSE FROM EWING TURNER TO JOSEPH AMASH (TURFSIDE LIQUOR): The City Manager reviewed a communication from the Alcoholic Beverage Control Board notifying the City of an application for transfer of an off-sale general license from Ewing Lo Turner to Joseph Amash for TurfSide Liquor, 5940 Cerrltos Avenue, Cypress, California° The Police Department investigation reveals no basis for protest of the application. It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION FROM KEEP AMERICA BEAUTIFUL, INC- KE: APPOINTM~.NT...OF CI.!Y DELEGATE TO REGIONAL WORKSHOP ON LETTER PREVENTION AND BEAUTIFICATION: The City Manager reviewed a communication dated August 11, 1969 from Mr. Allen H. Seed, 3r. Executive Vice President of Keep America Beautiful, Inc,, inviting the City Council to appoint a delegate to attend the Regional Workshop on Litter Prevention and Beautification to be held on Friday, September 19, 1969 at the Catsmarsh Hotel in San Diego~ MAYOR KiNODE ARRIVED AT 7:05 P.Mo AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Bowen and seconded by Councilman Noe to request the Woman's Club of Cypress to select a delegate to represent the City at the Work- shop on Beautification with the City to provide funds for all actual and necessary expenses. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Bowen, Harvey, Kanel and ~oe NOES: O COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED: 1 COUNCILMAN: Kanode COMMUNICATION FROM COUNTY HEALTH DEPARTMENT RI~.: CONDU~T 9F NEIGH~Pd{OOD ATTITUDE SURVEY ADJACENT TO HETTINGA DAIRY: The City Manager reviewed a communication dated August 4, 1969 from Mr. Robert S. Stone of the County Health Department requesting the City Council's authorization to conduct a neighborhood attitude survey in the residential area of the City adjacent to the Peter Herrings Dairy at Orangewood Avenue, Cypress. The Health Department further requested that the interviews be conducted under the representation that the survey is spon- sored by the City of Cypress to avoid the response to the survey being pre-con- ditioned to thinking in terms of Health Department problems such as flies, odors and other potential dairy nuisances. In response to inquiries from Councilman Harvey, the City Manager reviewed the scope of the survey indicating that the Health Department received a grant from the Federal Government to conduct this survey. Councilman Harvey expressed his opposition to the conduct of the survey since he felt the answers by the residents would be pre-conditioned. It was moved by Councilman Kanel to approve the request of the Orange County Health Department to conduct an 'attitude survey in the residential area of the City adJ scent to the Peter Hotrings Dairy at 6502 Orangewood Avenue, Cypress. The motion died for lack of a second. It was moved by Councilman Harvey and seconded by Councilman Bowen to deny the request of the Orange County Health Department to conduct an attitude survey in the residential area of the City adjacent to the Peter Hettinga Dairy at 6502 Orangewood Avenue, Cypress. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey and Kanode Kanel and Noe None COMMUNICATION FROM CITY OF COSTA MESA RE: IMPROVEMENT OF LOWER PORTION OF SANTA ANA RIVER BY CORPS OF ENGINEERS: The City Manager reviewed a communication dated August 6, 1969 from the City of Costa Mesa transmitting a resolution urg- ing the Corps of Engineers to expedite the improvemant of the lower portion of the Santa Ana River, and urging the adoption of a similar resolution by all cities in Orange County° The City Manager indicated that although the portion of the work which concerns the City of Costa Mesa is not of direct benefit to the City of Cypress, the overall drainage improvements to the Santa Ana River does provide flood control protection to the City of Cypress. It was moved by. Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RELATING TO CORPS OF ENGINEERS WORK ON THE SANTA ANA RIVER, AND URGING EXPEDIENCY THEREFOR~ 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 COMMUNICATION FROM ORANGE COUNTY SANITATION DISTRICT R~: MEETING ON ORDINANCE ESTABLISHING REGULATIONS AND FEES FOR DISPOSAL OF INDUSTRIAL WASTES: The City Manager presented a communication dated August 15, 1969 from Mr. Fred A. Hatper, General Manager of the Orange County Sanitation Districts, notifying the City Council of a meeting scheduled for August 28, 1969 at 10:00 a.m. in the District's Office to discuss the proposed ordinance establishing regulations and fees for disposal of industrial wastes° The City Manager stated that the proposed ordi- nance has been reviewed by the City Manager, Public Works Director and Planning Director and appears to be consistent with the requirements for disposal of industrial wastes in urbanized areas° It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried to receive and file the con~nunicationo C(IqSIDERATION OF APPROVAL OF AGREEMENT WITH ORANGE COUNTY ROAD DEPARTMENT FOR GENERAL TRAFFIC SIGNAL MAINTENANCE: The City Manager presented a report dated August 20, 1969 from the Public Works Director outlining the necessity to adopt a new Agreement between the City and the County of Orange for maintenance of traffic signals that are under the jurisdiction of the County and the City. It was moved by Councilman Noe and seconded by Councilman Kanel to approve Agreement Noo 769-319 between the City of Cypress and the County of Orange for General Traffic Signal Maintenance and to authorize the Mayor to sign and the City Clerk to attest the subject Agreement. 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 CONSIDERATION OF RESPONSIBILITY FOR WALKER STREET CROSSING AT THE SOUTHERN PACIFIC RAILPaAD: The City Manager presented a report dated August 21, 1969 reviewing the contents of a deed frem the Bixby Land Company to the Southern Pacific Railroad which reserved the right to cross the railroad with street openings and further stipulated that the Railroad shall construct and maintain all such crossings at the expense of the Railroad. The report further re- quested the City Council's determination as to whether the City of Cypress - 2 - should enforce the covenant as a third party beneficiary in constructing the extension of Walker Street across the Southern Pacific Railroad, which is esti- mated to cost the City $20,000~ It was indicated that in reviewing this matter with the attorneys of the Southern Pacific Company, the Railroad would vigor- ously oppose any attempt on the part of the City to exercise any rights under the deed provisions, due to the widespread adverse effect this could have on their operation throughout the state° General discussion was held relative to the legal ramifications which would result from the City pursuing this matter through the courts, during which it was indicated that the potential legal costs would most likely exceed the amount budgeted for the crossing improvemento It was moved by Councilman Harvey and seconded by Councilman Bowen to determine that the City of Cypress will not proceed with an attempt to enforce the pro- vision of the deed from the Bixby Land Company to the Southern Pacific Railroad due to the litigation costs and the time involved in the litigation, end to further determine that the City of Cypress will proceed with the street improve- ment project on Walker Street as originally proposed. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMENs NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None CERTIFICATION OF EMPLOYMENT LIST--CLERK TYPIST: The City Manager presented a report dated August 21, 1969 reviewing the results of an open competitive examin- ation for the position of Clerk Typist° It was moved by Councilman Harvey and seconded by Councilman Bowen to certify the employment list for clerk typist as presented~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COL~CILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode Hone None RECESS: The Mayor declared a recess at 7:23 p~mo The meeting was called back to order at 7:33 p~mo, with all City Councilmen present. CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF MODIFICATION OR REVOCATION OF CONDITIONAL USE PERMIT NOw C-211 (HYATT DIE CAST CORPORATIONS: The Mayor announced this was the time and place for the Continuation of the Public Hearing to consider the possible modification or revocation of Conditional Use Permit No. C-211 to allow the establishment of a die casting manuf~cturing plant in an M-1 (Light Manufacturing) zone, on property generally located at 4656 Lincoln Avenue, Cypress; granted to Hyatt Die Cast; initiated by the Cypress City Council. The Mayor stated that the Public Hearing was open and requested the Staff to present its reportso The City Manager stated that the affidavit of posting of the Notice of Continu- ation of the Public Hearing, along with 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. The City Manager read into the record of the Public Hearing a communication re- ceived on August 26, 1969 from Mro Salvatore 3ohn Critelli as executor of the deceased estate of Rosemary Jo Talerico indicating his objection to the granting of any additional liberties to Hyatt Die Cast° 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. Donald Pederson, 4658 Lincoln Avenue, Cypress, California addressed the Council as President of Pico Craft, reviewing the measures he has taken to eliminate the problems, such as odor and fumes, which emanate from his oper- ation. He further indicated that he is currently attempting to resolve the sound and noise problems. In response to an inquiry from Councilman Bowen, Mr. Pederson advised that the Pico Craft plant has a fire system which must be tested every thirty days. He indicated that testing of this emergency system is accomplished during the day and requires the ringing of a bell, -3- Mro Albert Hyatt, President of Hyatt Die Cast, addressed the Council stating that the complaint that the fire bell was ringing on Sunday, was caused by a drop in the water pressure within the pumps~ He further indicated that he has reduced the pressure in this system by 10 to 15 pounds, which should alleviate the noise from this bell except during the testing periods. In answer to a question from Councilman Kanel, Mro Pederson stated that the working hours in his plant are from 7:00 aomo to 3:30 p.m.; however, there are times when it is necessary to require his crews to work until 10:00 p.m. He further indicated that his plant does not operate on Sundays. General discussion was held among the City Council members and Mr. Pederson relative to the various noises, such as inside bell and intertom systems, out- side grinding and buffing operations~ Mr. Pederson reviewed the various requirements with which he is required to comply relative to the control of odor and fumes° In response to a question from Councilman Harvey, Mro Pederson indicated that he does use pneumatic tools due to the need for high-speed buffing equiptent, and the added performance which cannot be obtained from electrical tools. In answer to an inquiry from Mr~ Pederson, the City Manager explained that the original Conditional Use Permit granted to Hyatt Die Casting stated that there would be no outside production and the Council made a determination that the spray booth was considered outside production and, therefore, could not be continued on a 24-hour basis° In response to an inquiry from Councilman Harvey, Mr. Pederson stated that it would not be economically feasible for him to install ftune burners. Considerable discussion was held relative to the compatability of residential and manufacturing uses and the responsibility for insuring that these uses are made compatible~ Councilman Harvey stated that the present Public Hearing has occurred as a re- sult of the manufacturer not being able to fulfill his obligations. He further reviewed staten~nts contained in the report prepared by the consulting sound engineers, which indicated that the buildings which house the manufacturing uses were not acoustically adequate to prohibit the sound noises. He further indicated that the purpose of this Public Hearing is to attempt to resolve the problems which exist at these manufacturing plants~ Mr. Les Wilson, 9190 Whitney Way, Cypress, California addressed the Council indicating that he would request the Council to include in their deliberations, conditions which would eliminate the problems such as odor and fumes which originate from the Pico Craft operation~ Mro Fred Glass, 9210 Whitney Way, Cypress, California, addressed the Council issuing a complaint relative to the bell systems which went into operation four times during the day on August 26, 19690 Mr. William Schaper, 9173 Ethel Street, Cypress, California addressed the Council requesting that the Council impose time limits on the conditions for modification if approvedo He indicated that the manufacturers had originally agreed to abide by the conditions of the Conditional Use Permit and have not done Mr. Albert Hyatt, 251 Orangeacres Drive, Anaheim, California addressed the Council advising that as indicated previously he had corrected the problem with the fire bell systems going off by lowering the water pressure. He fur- ther assured the Council that he is making, and will continue to make every effort to comply with the conditions as imposed by the Planning Commission and to be imposed by the City Council~ He further requested that the Council impose reasonable time limits for acconnplishing the various conditions. He indicated that at least 180 days would be necessary to comply with all the conditions, as recommended by the Planning Commission° Mr. Don Pederson, 4658 Lincoln Avenue, Cypress, California addressed the Council indicating that although he proposed to expand his operation, he does not feel this can be accomplished at the present site. -4- 432 Mr. Pat O'Hara, 9170 Whitney Way, Cypress, California, addressed the Council stating that when they purchased their home they were advised that the building which currently houses the Pico Craft operation was used for storage and ware- housing purposeso He had further been advised that the operation at this lo- cation was performed only during the day and that there was no outside activities on the premiseso Mro Ray Bell, 9110 Whitney Way, Cypress, California, addressed the Council com- plaining about the noise at the Hyatt Die Cast operation which occurred on August 25, 1969, and which appeared to be caused from pneumatic tools. He further indicated that when he purchased his home he was aware that this was a die casting manufacturing plant and that the City was taking steps to correct the problems which have been encountered with this operation. He further indi- cated that he could see signs of progress being made in curtailing many of the items which had previously caused problems~ Considerable discussion ensued among the members of the City Council and Staff concerning the conditions suggested by the Planning Commission for modification of the Conditional Use Permit, with specific reference to reducing the time periods for compliance with the requirements of the Sound Report, elimination of vibrations, control of the bell and intercom systems and determining the firm to conduct further sound tests, if required. At this time, Mayor Kanode read into the record of the Public Hearing Phase I of the Sound Report prepared by Bolt, Beranek and Newman. In response to an inquiry from Councilman Kanel, the City Manager stated that in selecting a sound consulting firm to perform the sound tests at Hyatt Die Cast Corporation, Bolt, Beranek and Newman were considered to be one of the most qualified and outstanding sound consultants in the State and, for this reason, it would appear that this firm would be qualified to prepare an addi- tional sound report, if required, regardless of whether it was requested by the City or by Hyatt Die Cast. Mayor Kanode then read into the record of the Public Hearing Phase II of the Sound Report prepared by Bolt, Beranek and Newman. Councilman Harvey indicated that in view of the scope of Phase II of the Sound Engineer's Report, he would request that the recommendations in this Phase of the study be implemented within 60 days rather than the 90 days stipulated by the Planning Commission. Following discussion, it was generally agreed that a total of 90 days would be allowed for completion of the sound report, with 30 days to be allowed for con- tracting for the work, and 60 days to be allowed for completing the report. As a result of the City Council's discussion, the conditions recommended by the Planning Commission were modified as follows: 1. Any exhaust stacks on spray booths shall be elevated above the peak of the highest building adjacent to them~ 2. No odorous materials that adversely affect the general area shall be used in any spraying operation~ The south building shall be used for storage and warehouse purposes only and this conversion shall be effected within 120 days after the approval of this modification. 4. No boat engines shall be run at the Ptco Craft Corporation. The automatic bell system and intercom system shall operate weekdays between the hours of 7:00 a.mo and 7:00 p.m. and shall be shut off on weekends. This does not apply to emergency systems. Phase Noo I of the Bolt, Beranek and Newman Sound Abatement Report shall be commenced at once and shall be completed within 60 days of the approval of this modification. 5 4-33 No vibrations shall be allowed at the property line within 60 days after the approval of this modification° The machines causing the vibration at the present time shall not be operated after 8:00 p.m., nor on weekends. 8. The original condition No. 1B, shall be amended to read as follows: An area 10 feet from the exterior property lines adJacent to any residentially-zoned property shall be landscaped and permanently maintained. The landscape plan shall be prepared by a licensed lands cape architect and approved by the Planning Di rector and City Manager° The landscape program shall be implemented i~mnediately. All outside compressors shall be acoustically enclosed and shut down when not in use° After Phase Noo I of the Bolt, Beranek and Newman Report is completed, Hyatt Die Cast Corporation shall employ the firm of Bolt, Beranek and Newman, or any other qualified sound consulting firm approved by the City Manager, to make additional sound tests to determine if the sound has reached the ordinance requirement of a low dectbel reading. If not, then Phase Noo II of the Bolt, Beranek and Newman Report shall co~nence i~rmIediately and both the report and construction shall be accomplished within 90 days° 11. If, after 180 days, the Hyatt Die Cast Corporation is still not in accord with the ordinance, a public hearing will be held to revoke or modify the conditional use permit. Mr. Les Wilson, 9190 Whitney Way, Cypress, California, addressed the Council stating that he felt the conditions as modified by the City Council were fair and that he feels the residents who live adjacent to Hyatt Die Cast are in accord with the conditions as stated~ Mr. A1Hyatt, addressed the Council expressing his tuntern over the imposition of Condition Noo 8, which would require him to comm-nce installation of the landscaping tmmediately~ He indicated that this would impose an economic hard- ship on him and requested the Council to reconsider. He stated that he did not feel the lands taping would have any effect upon the elimination of the sound problem, but would only improve the area from a visual standpoint. There being no further written con~nunications or oral p forests, the Mayor de- clared the Public Hearing closed. General discussion ensued relative to whether or not it would be feasible to complete the landscaping around the Hyatt Die Cast plant within 90 days, following which Councilman Harvey stated that he had intended that the land- scaping be implemented immediately as far as selection of a landscape archi- tect and contractor° It was moved by Councilman Harvey and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A MODIFICATION OF CONDITIONAL USE PERMIT NO. C-211 (HYATT DIE CAST COI~PORATION) AS RECOMMENDED BY THE CYPRESS PLANNING COMMISSION. 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 RECESS: The Mayor declared a recess at 9:45 p°m. The meeting was called back to order at 9:58 p.m., with all City Councilman present. -6- CONSIDERATION OF REQUEST TO ADOPT AN URGENCY ORDINANCE CHANGING THE ZONE OF CERTAIN PROPERTY AT THE SOUTHWEST CORNER OF LINCOLN AND DENNI FROM R-4 (HIGH DENSITY MULTIPLE FAMILY) TO R-1 (RESIDENTIAL ONE FAMILY): The City Manager reviewed a request which had been presented before the City Council at its meeting of August 25, 1969, to consider adopting an urgency ordinance chang- ing the zone of a certain parcel of property at the southwest comer of Dennt and Lincoln from R-4 (High Density Multiple Family) to R-1 (One-Family Resi- dential). At the request of the City Manager, the City Attorney reviewed the items which are under consideration by the Planning Commission and further advised the City Council of the alternatives available to the Council in the event further action is desired° Councilman Bowen reviewed the changes that have occurred in various areas of the City, and in particular in the quarter section between Orange Avenue, Lincoln Avenue, Denni and Bloomfield since the time of adoption of the General Land Use Plan. He further indicated that he does not feel that the R-4 zoning which currently exists in the subject area is compatible with surrounding zoning and suggested that a study be made of all R-4 zoning in the City. Councilman Kanel indicated his desire to have a study prepared comparing the percentage of children of elementary school age who would live in a high density multiple family development as opposed to a residential development. Upon the request of Mayor Kanode, Mr. Paul Butler, Superintendent of the Cypress Elementary School District, addressed the Council indicating that he did not have any statistics which would prove one way or another whether more children would reside in apartment dwellings as opposed to single family residences. Mr. Butler reviewed the criteria which governs the amount of funds allocated to school districts per student. The City Manager then explained that the purpose of the public hearing before the Planning Commission on the fourplex development is to decide whether or not to allow certain setbackso He indicated that since this property is zoned for high density use, it would be possible for this property to be developed with- out further action by the Planning Commission or City Council. At this time, the Planning density structure could be Council approval° Director reviewed the conditions under which a high constructed without Planning Commission or City In response to a question from Councilm~ Harvey regarding the possibility of declaring a moratorium on this matter for the purpose of conducting studies, the City Attorney advised that the City Council would have to adopt an urgency ordinance changing the zone on the subject property for a period of 90 days pending the completion of the study. Atlthis time, the City Attorney advised that the issues which are pending be- fore the Planning Commission that will be considered by the City Council should be avoided at this time as much as possible. He further advised that the issued should not be directed toward stopping a particular development. Councilman Bowen stated that he felt there would be problems in the future if the subject property is developed in an R-4 use and felt the Council should take steps now to correct this potential problem. Having received permission from the Mayor and City Council, Mr. Bob Hopkins, 4192 Avenida Madrid, Cypress, California, addressed the Council requesting its consideration of adopting an urgency ordinance to allow time to study the issues as to whether this property should be re-zoned. He indicated his concern that if not acted upon within 40 days, this development would automatically become approved. He further stated that he did not feel R-4 uses contribute the amount of tax base for school purposes that is contributed by residential developments and that he felt there was enough sympathy for the pressure on the schools to justify a 90-day study° Councilman Bowen suggested that the City Council consider adopting an urgency ordinance at this time and to initiate proceedings for a permanent ordinance changing the zone of this property to R-1. - 7- 435 It was moved by Councilman Bowen and seconded by Councilman Kanel to read the following urgency 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. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND WITHIN THE CITY OF CYPRESS FROM R-4 (HIGH DENSITY MULTIPLE FAMILY P. ESIDENTIAL) TO R-1 (ONE FAMILY RESIDENTIAL)° It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the above Ordinance. Prior to voting on this matter, considerable discussion was held. Councilman Harvey stated that although he has previously expressed his displeasure in changing the zone of a parcel of land on Orange Avenue from R-1 to R-3 since this had created continuous R-3 zoning on Orange Avenue, he feels that changing the zone of the property at the southwest corner of Denni and Lincoln to R-1 would create residential zoning directly adjacent to H-C (Highway Commercial) zoning, which would be creating the same potential problems which have been created by residential uses being located adjacent to the Hyatt Die Cast Plant. He indicated that prior to establishing any particular zone, he would prefer a study to be completed on this matter. Mayor Kanode also stated that he would prefer the subject property not to be rezoned to R-1 due to the potential problems that this action would create. CoUncilman Bowen suggested that the Urban Townscape Study include the standards for the development of the Highway Commercial uses on Lincoln Avenue as well as for the development of property abutting the Highway Commercial uses. biayor Kanode stated that he would not wish to apply this urgency ordinance to only one particular parcel of property, but suggested that it apply to all R-4 zoned property in the City, with the study to also encompass these properties. Councilman Bowen stated that he would agree to amend his motion to include a study of all R-4 zoned areas within the City. Councilman Kanel indicated his desire to conduct a Joint meeting with the Planning Commission for the purpose of discussing R-4 zoning in the City. The City Manager suggested that the study of all multiple family zones could be performd by the planning consulting firm who had prepared the original gen- eral plan for the City° Councilman Kanel indicated his concern with an action of the City Council that would restrict building on all R-4 zoned property and indicated that he would be opposed to this action at this time° Mr. Tuohey, 2555 East Chapman Avenue, Fullerton, California, addressed the Council representing the property owner inquiring as to the procedures to be followedin accepting testimony on a zone change procedure when a public hear- ing is not being heldo The City Attorney advised that it is not necessary to conduct a public hearing or to receive testimony when acting on an urgency ordinance. He further indi- cated that all testimony which has been accepted on this subject matter has been done so at the discretion of the Council. At this time, having received permission from the Mayor and City Council, Mr. Tuohey addressed the Council stating that he felt the adoption of an urgency ordinance changing the zone of the property at the southwest comer of Denni and Lincoln is a severe, drastic and extraordinary remedy- He further indi- cated that he and the property owner have not had an opportunity to meet with the homeowners who are voicing their objections and stated that he felt there were many misconceptions and misinformation regarding this development. 8 43{ Mro Tuohey stated that the proposed development would contain a total of 364 units and quoted statistics indicating that residential homes create the highest density of school age children with residential units contributing 10 school age children per acre as compared to 5°3 school age children per acre in multiple family resi- dences. He further indicated that the proposed R-4 development would not affect the tax base, would be in keeping with the General Plan of the City and that the proposed zone change to R-1 would retard the development of this property. Mro Tuohey further stated that he and the property owner are attempting only to develop the subject property in accordance with the present zoning. Having received the consent of the Mayor and City Council, Mr. Robert Hopkins, 4192 Aventda Madrid, Cypress, California, addressed the Council reviewing his previous statements before the City Council relative to contributions to the tax base made by residential and multiple family uses and stating that he felt it was necessary to be able to adjust the proposed uses in the General Plan from time to time° Upon receiving permission from the Mayor and City Council, Mr. K. E. Johnson, 8151 Orangethorpe Avenue, Buena Park, California, addressed the Council as rep- resentative of the property owner, stating that he concurs in the right of the Greenbrook property owners to appeal the development of the subject property, but that he feels the owner of the property under discussion is making an attempt to develop the property in accordance with the General Plan of the City. He further indicated that he has watched the growth of the City for a number of years and is also concerned with the adequacy of school facilities and with the orderly development of the City Mrs. Frankowich, 4219 Dover Circle, Cypress, California addressed the Council in- dicating her concern that development of the subject property in an R-4 use would lower the property values of the surrounding properties and would result in over- crowding of the schools° She also expressed her concern that a multiple family development would necessitate a rise in police and fire protection costs. Mrs° Mason Boston, 1110 First Street, Norco, California, addressed the Council speaking in favor of allowing the multiple family development stating that couples with children usually do not live in apartment dwellings~ She indicated that it is usually people without children or older people whose children have grown who live in apartment complexes° General discussion was held among the City Council relative to the previous motion made by Councilman Bowen to adopt an Urgency Ordinance changing the zone of the property at the southwest corner of Lincoln and Denni to R-1. Councilman Harvey expressed concern regarding the problems that would be created with residential zoning abutting a highway conn~ercial zone, and requested the City Council to consider also taking into consideration a study of the Highway Commercial zoning on Lincoln Avenue. Mayor Kanode again expressed his concern with intosing an urgency ordinance to change the zone of one specific parcel of multiple family zoned property, and indicated that he would prefer that the ordinance pertained to all R-4 zoned property. Councilman Noe concurred in Mayor Kanode's statements indicating further his hesitancy to act on an urgency ordinance unless the problem at hand is of a sufficiently urgent nature to warrant such an action. The following roll call vote was taken on Councilman Bowen's previous motion to adopt an urgency ordinance changing the zone of a certain parcel of land from R-4 (High Density Multiple Family) to R-1 (Residential One-Family): AYES: 3 COUNCILMEN: Bowen, Harvey and Kanel NOES: 2 COUNCILMEN: Noe and Kanode ABSENT: O COUNCILMEN: None The City Attorney indicated that since an urgency ordinance requires a 4/5ths vote for adoption, the above metion failed to carry. - 9 - 437 It was moved by Councilman Kanel to schedule a Joint meeting with the Cypress Planning Commission and City Council for 4:00 p.mo on Monday, September 8, 1969 to discuss the multiple family zoning throughout the City° Councilman Harvey indicated his desire to have the staff conduct a study of the Highway Commercial zoning on Lincoln Avenue relative to determining a buffer zone between commercial and residential zones which would be mutually acceptable to residents and businessmen. Councilman Noe seconded Councilman Kanel's motion for a Joint meeting with the Planning Commission which was unanimously carried. Lori Ties addressed the Council stating that she did not feel any of the resi- dents knew that the subject property was zoned for multiple family use. She indicated that they had voiced their objection to the Planning Commission rela- tive to this development and they had suggested that they go to the City Council. At this time, the City Attorney indicated that the subdivision proceedings will come before the City Council automatically; however, the Variance before the Planning Commission will come before the City Council only upon appeal. RECESS: The Mayor declared a recess at 12:26 a.m. The meeting was called back to order at 12:31 aom~, with all City Councilmen present. ORAL COMMUNICATIONS: Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council inquiring as to what action the City Council could take to change the M-1 zoning which now exists in the County unincorporated area adjacent to Hyatt Die Cast. Councilman Kanel indicated that this matter will be discussed at the joint meet- ing with the Planning Commtssion~ Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, California, addressed the Council indicating that the Volkswagen agency now located on Lincoln Avenue had originally inquired as to the availability of the property at the southwest corner of Lincoln Avenue and Denni. Mr. Ko Eo Johnson, 8151 Orangethorpe Avenue, Buena Park, addressed the Council stating that when the owner of the property at the southwest corner of Denni and Lincoln became aware of the interest of the Volkswagen dealership in locating within the City, this dealership had already secured a site. He further stated that another car dealership has expressed an interest in locating on the subject property° Mr. Conrad Tuohey addressed the Council requesting that he be notified when the City has any information relative to any presentations which will be made before the City Council relative to development of the property at the southwest comer of Lincoln and Denni so that the property owner may be present. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Kanel, seconded by Councilman Harvey and unanimously carried to ad- journ at 12:44 aom~ to Wednesday, September 3, 1969 at 8:00 p.m. at the Cypress Water District Building, 9471 South Walker Street, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: - 10 -