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Minutes 69-09-08440 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 8, 1969 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, September 8, 1969 in theCity Council Cb~mhers, 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 Darrell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poertner, Putnam and Schatzeder. MINUTES: Following discussion, it was moved by Councilman Harvey, seconded by Council- man Noe and unanimously carried to approve the Minutes of the Regular Meeting of August 25, 1969 as mailed, subject to the last sentence in the last para- graph on page 1 being changed to read as follows: "This would require an additional $1,700 appropriation for the Urban Townscape Project/' The Mayor announced that a Joint meeting with the Planning Commission had been scheduled for the afternoon session of the City Council meeting. Chairman of the Planning Commission Robert Cardoza called the adjourned regular meeting of the Planning Cormnission to order at 4:05 p.m. with the following in attendance: PRESENT: Commissioners Cardoza, Davis, Evans and Ricker ABSENT: Commissioner SonJu It was moved by Commissioner Evans, seconded by Commissioner Ricker and unanimously carried to defer to councilmanic procedures. EXECUTIVE SESSION: Upon the request of the City Manager, it was moved by Councilman Noe, secon- ded by Councilman Bowen and unanimously carried to go into an Executive Session at 4:10 pomo for the purpose of discussing possible litigation in- volving the dissolution of the Cypress County Water District. MAYOR KiNODE ARRIVED AT 4:15 P.M. The meeting was called back to order at 4:20 p.m., with all City Councilmen present and with Mayor Kanode presiding. Having received permission from Mayor Kanode, Mr. Richard Koppang, 4024 Betwick Court, Cypress, California, addressed the Council and read into the record a petition, which is on file in the office of the City Clerk, signed by approximately 1250 residents expressing concern over the effect the pro- posed construction of fourplex units at the southwest corner of Lincoln Avenue and Denni Street would have on school and park and recreation facili- ties, police and fire protection and the maintenance of property values in the area, and expressing a desire for the City Master Plan to be up-dated. The petition further requested the City Council to delay the approval of any subdivision maps or the initiation of development of multiple dwelling units within Cypress until a determination has been made as to the general desires of the Cypress residents relative to the types of residential de- velopment, the impact on public services of the alternative forms of develop- ment for the remaining parcels of undeveloped property within Cypress, ex- cluding the industrial park, and the alternative methods of resolving prob- lems associated with deficiencies in essential public services. Mr. Koppang stated that the information sheet referred to in the petition has not been completed at this time and indicated that it would be presented at a future date° In response to an inquiry from Mayor Kanode, theCity Attorney advised that public testimony may be received on this matter since the only item which the City Council has scheduled for consideration is a subdivision map of the sub- ject area, which does not require a public hearing. He further advised that the appeal period is still open for scheduling of a public hearing for con- sideration of a request for a zone change to multiple family residential at the southwest comer of Orange and Denni and for this reason, this parcel should not be included in the discussion° In answer to a question from Councilman Kanel, Mr. Koppang stated that the petition submitted was not the result of any exhaustive survey of the community relative to available revenue and the contents of the master plan, but that certain aspects of these items were reviewed. He further indicated that he does not know if the City has the data which they seek, but would request that if it is not available, the City proceed to obtain this data. In answer to an inquiry from Councilman Harvey, Mr. Koppang stated that a significant part of the initial support of the petition occurred as a result of the proposal to construct fourplexes at the southwest comer of Denni and Lincoln; however, prior to this proposal there were a number of residents who were concerned with the availability of school facilities and other services but did not go into any in-depth studies until the proposal for construction of the fourplexeso He further stated that there has been a lot of misinfor- mation which has been distributed to the residents in the area due mainly to the fact that no one has approached the City Council about these problems. He then staeed that in gathering their information they talked to the City Planning Director, the Park and Recreation Director and planning personnel from other cities° He further presented a map of the City pointing out the location of park facilities and stating that most of the park sites within the City are lo- cated in areas with relatively low density of population and that the quarter section bounded by Orange, Lincoln, Denni and Moody has no park site. In answer to an inquiry from Councilman Harvey, Mr. Koppang stated that in his conversations with the Director of the Park and Recreation Department he indicated that there were no plans for development of a park in this quarter section of the City° Councilman Bowen reviewed the Master Plan which indicated the location of a park in this area, following which Councilman Kanel suggested that the City Council appoint a Council committee to meet with representatives of the petitioners to review the major problems outlined in the petition. Council- man Kanel further advised that the City recently employed the firm who pre- pared the original Master Plan to up-date this plan and to add a housing element, which will result in public hearings for adoption of this plan. Councilman Harvey indicated the Council's desire to comply with the desires of the citizens and reviewed the importance of maintaining adequate communi- cation between the City Council and citizens of the community. He further reviewed the irmportance for citizens to communicate directly with the staff in attempting to obtain solutions to problems, and suggested that Mr. Koppang and representatives arrange a meeting with the City Manager to review the problems which were outlined in the petition, and if there are still problems to be remedied, to then present these to the City Council. He then expressed his pride in the manner in which the City, through a period of tremendous population growth, has been able to resolve its problems through communi- cation and cooperation with the citizens. Mr. Koppang then indicated that although he has not met with the City Manager, he has requested information from the planning staff who have been very helpful, and stated that he felt communication with the Council was also important to insure that the Council is aware of the people's opinioP,~ in these matters~ He further indicated his desire for the City Council to meet with the citizens in an effort to improve the mutual flow of communi- cations. General discussion was held relative to the importance of adequate communi- cation between the officials and citizens of the City. 2 The City Manager reviewed the projects presently being considered by the City Council in which the support of the citizens is important and stated that the City Staff is more than willing to meet with the citizens to answer questions they may hav~z relative to the services and operation of the City. The City Manager advised that a Joint meeting with the Planning Commission had been scheduled for the afternoon session of the City Council meeting for the purpose of reviewing the multiple family zones established under the General Plano It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to adjourn at 5:10 pom. to the Community Meeting Room in the West Wing of the Cypress Civic Center, 5275 Orange Avenue, Cypress, for the purpose of conducting a joint meeting with the Cypress Planning Commission. The Mayor called the joint meeting back to order at 5:20 pomo, with all City Councilmen and Planning Conm~issioners present, with the exception of COmmis- sioner Sonjuo At the request of Mayor Kenode, the City Manager proceeded to review the con- tents of a report dated September 8, 1969 on multiple family zoning in the City of Cypress~ Following general discussion regarding the contents of the report and the pre- sentation of copies of the report, it was suggested that the Council and Planning Commission reconvene the Joint session at 9:00 p.m. that evening following the completion of the items scheduled for consideration during the evening portion of the September 8 meeting. RECESS: It was moved by Councilman Kanel, seconded by Councilman Noe and unanimously carried to recess at 5:55 p.m, until 7:30 p.m. that evening. It was moved by Commissioner Evans, seconded by Commissioner Ricker and unanimously carried to recess the Planning Commission meeting at 5:56 p.m. until 9:00 p~mo that evening° CALL TO ORDER: The Mayor called the City Council meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, Harvey, Noe and Kenode ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Grissom, Jolley, Poertner, Putnam, Savord and Schatzeder. PLEDGE OF ALLEGIANCE: Boy Scout Troop 160 of Cypress led the City Council and audience in the Pledge of Allegiance° COUNCILMAN KANEL ARRIVED AT 7:32 P.M. AND TOOK HIS PLACE ON THE PODIUM. PRESENTATION OF RESOLUTION OF COMMENDATION TO MR. VERN BAKKE FOR HIS SERVICE TO THE COMMUNITY IN COMPLETING THE FINAL TABULATION OF THE GOALS SURVEY: It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried to place the adoption of a Resolution commending Mr. Vern Bakke on the agenda for consideration at this time. It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDINGMRo VERN BAKKE FOR HIS CONTRIBUTION TO THE COMMUNITY IN PREPARING THE FINAL TABULATION OF THE GOALS SURVEY - 3- 443 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 At this time, Mayor Kanode read the above Resolution in full and presented a copy to Mro Vern Bakke thanking him on behalf of the City Council and City Staff for his efforts in completing the final tabulation of the Goals survey. Mr. Bakke thanked the City Council and citizens for this presentation and stated that it was a pleasure for him to complete this survey. ORAL COMMUNICATIONS: There were no oral co~nunications presented at this time. Since Item'Noo 2 was a public hearing scheduled for 8:00 p.m., it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to proceed to Item Noo 4 and continue until 8:00 pomo COMMUNICATION FROM CITY OF SAN CLEMENTE RE: ORANGE COUNTY GENERAL PLANNING PROGRAM: The City Manager presented a communication dated August 12, 1969 from the City of San Clemente transmitting a Resolution of that City protesting the expenditure of funds to implement the Orange County General Planning Program. The City Manager indicated that the City Council has previously gone on record in support of the County Planning Program and had instructed the City's rep- resentative to vote in favor of this Program at a recent Executive Meeting of the Orange County Division of the League of Cities° It was moved by Councilman Bowen, seconded by Councilman Noe and unanimously carried this con~nunication be received and filed. COMMUNICATION FROM CITY OF REDONDO BEACH RE: TAX EXEMPT STATUS OF STATE AND LOCAL GOVERNMENT BOND INTEREST: The City Manager p'resented a communication dated August 22, 1969 from the City of Redondo Beach transmitting a copy of that City's Resolution requesting the Resolution Committee of the League of California Cities to submit a resolution at the Annual League Convention opposing any change in the current tax exemption onstate and local govern- ment bond interesto The City Manager reviewed previous action taken by the City Council in direct- ing communications to the appropriate United States Congressmen and Senators opposing any measures which remove the tax exempt status of local bonds. It was moved by Councilman Harvey, seconded by Councilman Noe and carried to request the City Manager to transmit a communication to the League of California Cities in support of the request of the City of Redondo Beach for adoption of a resolution regarding the tax exempt status of local bonds. COMMUNICATION FROM CITY OF COERCE RE: CONTROL OF DANGEROUS SUBSTANCES ACT OF 1969: The City Manager presented a Resolution from the City of Commerce urging the United States Congress to adopt the Control of Dangerous Substances Act of 1969~ In response to an inquiry from Cou~cilman Kanel, the City Manager stated that the City Council has taken a position on this matter at the State level. It was moved by Councilman Harvey, seconded by Councilman Kanel and unani- mously carried to request the City Manager to direct communications to the appropriate Congressmen supporting the passage of Federal legislation which wuld assist in the control of narcotics and dangerous drugs. CONSIDERATION OF APPOINTMENT TO FLY ABATEMENT BOARD: The City Manager pre- sented a report dated September 4, 1969, indicating that the Planning Commission has recommended the appointment of Mrs. Vickie Evans as Planning Commission representative to the Fly abatement Board to fill the vacancy which was created with the expiration of the term of Mr. Wayne Worley on the Planning Commission. -4- It was moved by Councilman Noe and seconded by Councilman Bowen to appoint Mrs. Vickie Evans as the Planning Commission representative to the City Fly Abatement Board. In response to an inquiry from Councilman Harvey, the City Manager advised that Mrs. Evans had accepted her appointment as Planning Commission representative at the Planning Commission meeting held on July 17, 1969. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CONSIDERATION OF .R~QUEST FOR APPROPRIATION TO INSTALL WINDBREAK IN THE COUNCIL CHAMBERS PLAZA: The City Manager presented a report dated September 4, 1969 reviewing a proposal to ins tall a windbreak on the west side of the Council Chambers plaza to make the area more suitable for year-round activities, and to construct cabinets in which the wind- break would be stored when not in use. The report indicated that the total cost of installing the windbreak and of constructing the cabinets would be $1,200. In response to an inquiry from Councilman Harvey, the City Manager indicated that almost every organization that has utilized the plaza area for meetings and activities has requested the installation of a windbreak. He further reviewed the number of organizations that are using or have requested permission to use the Council Chambers plaza area. It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the Staff to proceed with the installation of a windbreak in the Council Chambers plaza at a cost not to exceed $1,200o The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel~ Noe and Kenode COUNCILMEN: None COUNCILMEN: None It was moved by Councilman Harvey and seconded by Councilman Noe to authorize the transfer of $1,200 from the Reserve for Capital Improvements to the Government Build- ings Maintenance and Repair Account. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kenel, Noe and Kenode NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None In response to a request fromCouncilman Harvey, the City Manager suggested that upon installation of the windbreak, a notice could be placed in the City Newsletter advising of the availability of the plaza area for use by community organizations. CONSIDERATION OF RESOLUTION ESTABLISHING NEW FEE SCHEDULE FOR POUND SERVICES: The City Manager presented a report dated September 4, 1969 reviewing the necessity to adopt a Resolution establishing the new fee schedule for services at the Orange County Animal Shelter as adopted by the Board of Supervisors on July 1, 1969. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution by title only, title as follows: RESOLTUION NO. 1004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE"FEE SCHEDULE FOR SERVICES AT THE ORANGE COUNTY ANIMAL SHELTER." 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 Kenode None None CONSIDERATION OF APPROVAL OF AGREEMENT WITH SHELL OIL COMPANY FOR IMPROVEMENTS ON BALL ROAD AND BLOOMFIELD STREET: The City Manager presented a report dated September 4, 1969 from the Public Works Department reviewing a proposed Agreement between the City of Cypress and Shell Oil Company, whereby the City would include the improvements required of Shell Oil Company at the northeast corner of Bloomfield Street and Ball Road in conjunction with the improvements - 5 - 445 to be constructed under Arterial Highway Financing Project No. 475. Shell Oil Con~pany has deposited $6,000 with the City to cover the cost of these improve- ments. It was moved by Councilman Kanel and seconded by Councilman Bowen to approve the Agreement between Shell Oil Company and the City of Cypress for public improvements on Ball Road and Bloomfield Street subject to approval by the City Manager and City Attorney, and to authorize the Mayor to sign and the City Clerk to attest the Agreement on behalf of the City. 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 Kenode None None CONSIDERATION OF REQUEST FOR AUTHORIZATION TO EXTEND BID DATE FOR REMOVAL OF TREES ON CIT~.STREETS~ PROJECT NO. 7008-90-0000: The City Manager presented a report dated September 3, 1969 from the Public Works Director requesting authorization to extend the date to receive bids for the removal of trees on City streets, City Project Noo 7008-90-0000. It was moved by Councilman Noe and seconded by Councilman Harvey to authorize the extension of the date for receiving bids for the removal of trees on City streets, City Project No, 7008-90-0000 to September 22, 1969 at 9:00 a.m. Councilman Kanel expressed concern relative to making a determination as to which trees should be removed, following which the Public Works Director re- viewed the procedure followed in the tree removal program. Councilman Noe's motion to extend the bid date was then 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 CONSIDERATION OF RESOLUTION DECLARING EXISTENCE OF SEASONAL AND RECURRENT WEEDS, PHASE II OF 1969 WEED ABATEMENT PROGRAM: The City Manager presented a report dated September 3, 1969 transmitting a Resolution which lists various properties in the City which contain an excessive growth of tumbleweeds or other excessive summer weed growth which would constitute a fire hazard or health hazard~ The report reviewed the procedures to be followed in this second phase of the program and indicated that another public hearing is not required for this phase of the program. In answer to a question from Councilman Kanel, the Public Works Director advised that the Anaheim High School District has contacted the City requesting the City's contractor to remove the weeds from the District's property; how- ever, the Cypress School District has not contacted the City. It was moved by Councilman Bowen and seconded by Councilman Kanel to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS'GROWING LIPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, ARE SEASONAL AND HAVE RECURRED, AND ORDERING THE ABATEMENT THEREOF 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 -6 - CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE ELATING TO CONDITIONAL USE PERMITS FOR EXTRACTION OF MINERALS: The Mayor announced this was the time and place for the continuation of Public Hearing to consider a proposed amendment to the Zoning Ordinance No~ 90, Section 115o3 and Section 120.2, Subsection F thereof, relating to uses requiring Conditional Use Per- mits, initiated by the Cypress Planning Conunission Secretary. The Mayor stated that the Public Hearing was open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated September 4, 1969 advising that the affidavits of posting of the notice of Continuation along with the affidavits of posting and publication of the origi- nal Public Hearing notices on this matter are on file in the office of the City Clerk. The only communication received regarding this matter is the original communication dated June 17, 1969 from Mro H. D. Pitcher of Texaco Inc., which suggested several alternatives to the proposal as presented to the Council from the Planning Commissiono The City Manager advised that due to vacation schedules, the City Attorney and Mr. H~ Do Pitcher had been unable to meet to discuss the preparation of an appropriate ordinance to effectively regulate oil drilling activities and, therefore, it would be requested that this Public Hearing be continued until October 13,1969~ It was moved by Councilman Bowen and seconded by Councilman Noe to continue the Public Hearing to consider an amendment to the Zoning Ordinance relating to Conditional Use Permits for extraction of minerals until the City Council meeting of October 13,1969. In response to an inquiry from Councilman Harvey, the City Manager indicated that generally Mro Pitcher had suggested that the City enact provisions for an "O" overlay zone which would make all oil drilling subject to a conditional use permit~ He further indicated that following the City Attorney's meeting with Mr~ Pitcher, in which the appropriate wording of an ordinance will be discussed, a more comprehensive report will be prepared for the City Council's consideration during the Public Hearing on this matter at the meeting of October 13,1969~ Councilman Bowen's motion to continue this Public Hearing was then 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 CONTINUATION OF PUBLIC HEARING RE: ANNEXATION NO. 69-3: The Mayor announced this was the time and place for the continuation of Public Hearing 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 Street to the proposed Annexation° The Mayor stated that the Public Hearing was open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated September 4, 1969 indicating that this Public Hearing had been continued f~m the meeting of August 25, 1969at the request of a major property oWner. The report further indicated that the affidavit of posting of the Notice of Cantinuation, along with the affidavits of publication, posting and mailing of the original Public Hearing notices on this matter are on file in the office of the City Clerk. The City Manager stated that a letter of protest has been received from the major property owner within this Annexation which along with letters received from three other property owners represents a majority protest to the Annexation. The City Manager stated that in view of having received a majority protest, the appropriate action for the City Council would be to adopt a Resolution finding and declaring that a majority protest has been made. The City Manager stated that letters of protest were received from Mr. Phillip Floyd Soto, Mrs. Clara Goldstein, Mr. Jacob Goldstein and Mr. and Mrs. Joseph Cawlay. The Mayor asked if anyone in the audience wished to speak regarding this Annexation° - 7 - 447 Mrs. Clara Goldstein, 10783 Galvin Street, Culver City, California addressed the Council stating that the tenants of her property are a trailer rental and boat repair companies. There being no further written communications or oral comments, the Mayor declared the Public Hearing closed. In response to an inquiry from Councilman Kanel, the City Attorney advised that the letters of protest do contain some technical defects; however, in view of the extent of the protest, he felt these would be immaterial. Councilman Bowen expressed his concern that the defeat of this annexation would result in the Post Office being located in County unincorporated area; how- ever, the City Manager advised that inasmuch as the property owner who owns the Post Office site has assured the City of his desire to be annexed to the City, annexation of this parcel only may be processed through the Local Agency Formation Commission since it is contiguous to existing City boundaries, and would not create an island. Councilman Kanel indicated his desire to have the letters of protest read into the record of the Public Hearing, following which Mayor Kanode re-opened the Public Hearing on this Annexation. The City Manager then read into the record of the Public Hearing a conununi- cation dated 3uly 5, 1969 from Mr. and Mrs. Joseph J. Cawley, 5892 Lincoln Avenue, Cypress, a co~nunicatton dated July 25, 1969 from Mr. Jacob I. Goldstein, 205 Third Avenue, New York, New York, a co~nunication dated July 31, 1969 from Mrs. Clara Goldstein, 10783 Galvin Street, Culver City, California and a con~unication dated September 8, 1969 from Mr. Phillip Floyd Soto, of Carlshad, California. General discussion was held relative to the level of services offered within an incorporated City as compared to an unincorporated area and the difference in cost for these services during which it was pointed out by the City Manager that a study is currently being conducted by the County relative to requiring the County unincorporated areas to assume their proportionate share of the costs of services. In response to an inquiry from Mayor Kanode, the City Manager reviewed the taxes which are currently required of those persons residing within the area proposed for annexation as compared to the taxes which would be required of them if annexed to the City, which indicated an annual increase in taxes of from $8°00 to $30.66. Councilman Kanel indicated his desire to continue this Public Hearing in order to allow the major property owner an opportunity to re-evaluate his position on this matter. It was then moved by Councilman Kanel and seconded by Councilman Harvey to continue the Public Hearing to consider objections from owners of real property within Annexation No. 69-3 until the regular City Council meeting of September 22, 1969. 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 RESOLUTION DECLARING INTENT TO CONDUCT PUBL!CH~ARING TO ASCERTAIN THE EXISTENCE OF A PUBLIC NUISANCE AT THE NORTHWEST CORNER OF B..ALL .AND WALKER STREET~ A. P. NO. 244-313-19: The City Manager presented a re- port dated September 3, 1969 from the Public Works Director, transmitting a Resolution for consideration by the City Council establishing the time and date of a Public Hearing to determine whether the condition of the property at the northwest corner of Ball Road and Walker Street Shopping Center, Assessor's Parcel No. 244-313-19, constitutes a public nuisance. The Public Works report indicated that the property is strewn with papers, trash, debris, dried weeds, broken furniture, lumber, broken concrete and asphalt, heating pipes and other trash and debris, which constitute a fire hazard in addition to being sanitary and an attractive nuisance for children. 8 The report indicated that the property owner was notified of this condition by letter dated July 31, 1969 and requested to abate the nuisance on or before August 10, 1969, which has since been extended to September 10, 1969, and suggested that a Public Hearing could be scheduled to determine whether the condition of the property constitutes a public nuisance in the event the nuisance is not abatedo In answer to a question from Councilman Harvey, the City Manager advised that Phase II of the Weed Abatement program provide for the abatement of weeds only. It was moved by Councilman Bowen and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OFWHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE 3, CHAPTER 13, OF THE CYPRESS CITY CODE° The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: O COUNCILMEN: ABSENT: O COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kenode None None CERTIFICATION OF EMPLOYMENT LIST--GARDENER: The City Manager presented a re- port dated September 3, 1969 reviewing the results of an open competitive examination which has been conducted for the position of Gardener. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the employment list for gardener as submitted° 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 Kenode None None CERTIFICATION OF EMPLOYMENT LIST--PRINCIPAL ENGINEERING AIDE: The City Manager presented a report dated September 3, 1969 reviewing the results of an open competitive examination which has been conducted for the position of principal engineering aide. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the employment list for principal engineering aide as submitted. 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 CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUAi{D: The City Manager presented a report dated September 8, 1969 reviewing the results of an open competitive examination which has been conducted for the position of crossing guard. It was moved by Councilman Bowen and seconded by Councilman Harvey to approve the employment list for crossing guard as submitted° 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 Kenode None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST, WARRANTS NO. 22065 THROUGH 22164: It was moved by Councilman Noe and Seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants No. 22065 through 22164 in the amount of $279,459o77~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode NOES: O COUNCILMEN: None ABSENT: O COUNCILMEN: None - 9 - SECOND READING ORDINANCE RE: ZONE CHANGE NO~ Z-179: It was moved by Council- man Bowen and seconded by Councilman Noe to read the following Ordinance by title onlyo The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Harvey, Kanel, Noe and Kanode None None Title of the Ordinance is as follows: ORDINANCE NOo 417 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 Kanel and seconded by Councilman Noe to adopt the above Ordinance~ The motion was carried by the following roll call vote: AYES: 3 ~OUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: O COUNCILMEN: Kan~l, Noe and Kenode Bewen and Harvey None ORAL COMMUNICATIONS: There were no oral communications presented at this time. In response to an inquiry from Councilman Harvey regarding the status of the request to investigate the feasibility of constructing a teen center, the City Manager advised that he has had a meeting with the Park and Recreation officials and has also contacted the various public agencies and invited them to attend a meeting to discuss this matter which has been tentatively scheduled for September 15, 1969. In response to inquiries from the City Council, the City Manager reviewed the status of construction of the Jonathan Channel and of the scheduling of the meeting between representatives of the City of La Palma and the City of Cypress to dis cuss mutual problems. Councilman Kanel suggested the possibility of the Staff investigating and submitting recormnendations relative to initiating a bond issue for the pur- pose of raising funds to purchase additional park sites and equipment and facilities for these park sites, following which it was generally agreed that since this would affect other areas besides Cypress, this could be a topic of discussion in the meeting with the City of La Palma. General discussion ensued relative to the operation of the Cypress Park and Recreation District and the information provided to the City from the District relative to the operation of the District, following which it was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Kanel and seconded by Councilman Bowen to request the Board of Supervisors to provide the City with a copy of the Budget for the Cypress Park and Recreation District and to inquire as to why the City has not been provided with this information previously. Upon the request of the City Manager, Councilmen Kanel and Bowen agreed to include in this motion a request for a copy of the Master Plan of the Parks and Recreation District, following which 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 RECESS: The Mayor declared a recess at 8:55 p~m. The meeting was called back to order at 9:10 p.m., with all City Councilmen present. - 10 - The Mayor announced that this was the time scheduled to reconvene the Joint meeting between the City Council and Planning Commission. The Vice Chairman of the Planning Commission reconvened the Planning Commission meeting at 9:11 pomo, with the following in attendance: PRESENT: Commissioners Davis, Evans and Ricker ABSENT: Commissioners Cardoza and Sonju It was moved by Commissioner Davis, seconded by Commissioner Ricker and unanimously carried to defer to councilmanic procedures. The Mayor invited con~nents from both the Planning Commissioners and City Council- men relative to the contents of the report reviewed by theCity Manager during the afternoon session on multiple family zoning within the City. The City Manager then reviewed the sources from which the information contained in the report had been gathered° Commissioner Evans indicated that upon her review of the General Plan, she felt that the R-4 zoning as proposed at the southwest corner of Lincoln and Denni is suitable for this area of theCity, and that her only concern is the manner in which this development will be designed and constructed relative to providing adequate recreational facilities, more open space within the development and the architectural layout. Councilman Harvey stated his desire that the record reflect the contents of the report from the City Manager dated September 8, 1969, specifically in re- gard to the sources of information for preparation of the report and the school attendance data. The City Manager stated that the sources used in preparing this report were the City Land Use Plan, the results of the Goals Survey, a State Manual for ascertaining the building funds for local school districts which is available at the Cypress School District offices, information obtained from the Orange County Superintendent of Schools, Cities of Anaheim, Garden Grove and Tusttn relative to number of school children per multiple family dwelling units, and an actual study made by the City Planning Director of the number of children in fourplex units in the City of Ariahelm. It was moved by Councilman Noe, seconded by Councilman Bowen and unanimously carried to place the Report dated September 8, 1969 on Multiple Family Zoning as prepared by the City Manager on the agenda for consideration at this time. It was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried this report be received and filed. Commissioner Ricker then indicated that his concern, like that of Commissioner Evans, is not with the location of the subject multiple family development at the southwest corner of Lincoln and Denni, but rather with the design features of this development, including recreational facilities. Councilman Bowen stated that he felt the density allowed under R-3 and R-4 developments is too high and indicated his preference for apartment develop- ments with more open spaces. He further indicated that apartment complexes should be constructed so that they will be compatible with other residential uses, and they should be restricted in size to five acres or under and should provide recreational facilities other than swimming pools. The City Manager suggested that inasmuch as the persons representing the home- owners groups had only received a copy of his report that afternoon, he would be happy to meet with them to review the report as well as any other problems when they have had an opportunity to fully review the report. General discussion ensued among the City Council and Planning Commissioners relative to the possibility of the Planning Commission devoting more time to the conduct of special studies relating to multiple family zoning and other areas of concern within the City. Discussion also was held relative to the areas remaining in the City which are proposed for development as multiple family units. - 11 - 451 General discussion ensued relative to the need to utilize the remaining open space within the City to its greatest advantage and to apply the information gathered by the planning consultants in up-dating the City's General Plan to the over-all zoning map, Discussion was held relative to conducting a study of multiple family properties in theCity and the design problems which would be encountered in the develop- ment of multiple family developments from small parcels of land. In response to a question from Councilman Bowen, the Planning Director advised that the Planning Commission or City Council are not allowed to place con- ditions providing for park sites or open space upon the approval of standard subdivision maps° The City Attorney then reviewed the limitations which are imposed upon the City Council in their deliveratfons on standard subdivision maps as compared to subdivisions which are approved under the optional design standards or for planned development subdivisions~ Upon the request of Councilman Kanel, the Planning Director and Planning Cormnission Vice Chairman reviewed the special studies which have recently been conducted or are presently being conducted by the Planning Commission. The Planning Director further advised that the Planning Con=nission had withheld any special studies on the park and recreation needs of the community until the study requested of the Staff by the City Council had been completed. The City Manager indicated that inasmuch as concern has been expressed over the need for additional open space and park and recreation facilities at Lincoln and Denni, the Staff would be happy to pursue this matter. COMMISSIONER CARDOZA ARRIVED AT 10:07 P.M. General discussion was held as to the feasibility of reserving, possibly through Planned Development zoning, an area of land at Lincoln and Denni or Orange and Dennt to be used for park purposes for this general area. RECESS: The Mayor declared a recess at 10:17 pomo The meeting was called back to order at 10:29 p0m~ with all Councilmen and Commissioners present, with the exception of Commissioner Sonju~ The City Manager reviewed apropos al whereby a compromise could be reached relative to providing parks and open spaces, either through utilization of the optional design standards or the provisions of the planned development zone and requested the City Council to continue its discussion of this matter to the next meeting, at which time the tentative subdivision map for this area will be considered. In the interim, m~etings will be held with the developer and property owners to determine the proposed amenities that could be included in this subdivision° It was moved by Councilman Harvey, seconded by Councilman Bowen and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Kanel to request the Staff to present a report to the City Council as to the feasibility of applying the optional design standards or the provisions of planned develop- ment zoning to the property at the southwest corner of Lincoln and Denni. 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 Kenode None None Councilman Kanel and Bowen reviewed complaints they had received relative to the bell systems operating at Hyatt Die Cast and to Pico Craft operating on Sundays. The City Manager stated that he would advise Mr. Hyatt of these complaints. - 12 - In response to an inquiry from Councilman Kanel, the City Attorney reviewed the penalties which may be imposed upon persons who violate the ordinances of the City. Councilman Harvey again invited the people in the audience to feel free to contact the Staff whenever they have questions or problems. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried to adjourn the meeting at 10:42 p.m. It was moved by Commissioner Evans, seconded by Commissioner Davis and unanimously carried to adjourn the Planning Commission meeting at 10:42 p.m. MAYOR OF THeCITY OF CYPRESS ATTEST: l/j' /' CITY CLE~L~f OF~TH~ CIT~ OF CYPRESS - 13-