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Minutes 70-04-27MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 27, 1970 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, April 27, 1970 in the City Co'0acil Chambers, 5275 Orange Avenue, Cypress, California, with Mayor John Kanel presiding, PRESENT: Councllm~n Harvey, Kenode, Laca~o, Roberrs and Kanel ABSENt: None Also present were City Manager/City Clerk Da~rell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Poertner, Putnam, and Gzissom~ STAFF REPOSES AND DISCUSSIONS: The City Manager reviewed the various ltem~ contained in the Progress Report dated April 27, 1970.. It was the general opinion of the Council that May 7, 1970 at 2:30 p.m~ would be a satisfactory date on which to hold the next quarterly Joint meeting between the City Council and the Planning Commussion. CONSIDERAIiON OF CITY COUNCIL COMMITTEE APPOINI~iENTS: Mayor Kanel appointed the following CoUncilmen to serve ~n the committees as indicated: ORGANIZElION O~ange County S an~atx~n Dist~lc~ Southern California Association of Governments Orange County League oi Citie~ Orange County Mosquito Abatemnt District Park and Recreation Distric~ Advisory Board Audit Cormnitcee Transportation Association oi Southern California (TASC) Fly Abatement Board REPRESENTA'IIVE Mayor K~el Councilman Harvey (alternate) Ma)~ Kanel Co~ncilman Kenode M~y~r Kanel Coancilman Roberrs (alternate) Mayor Kanel Councilman Roberrs Councilman Lacayo Co'uncilman Roberrs Councilman Harvey Councilman Lacayo Mayor Kenel stated that the conmiCros consisting of Councilman Kenode, the City Manager, and Mrs~ Sharron Pricehart, which was formed to represent the City in the planning program p~oposed by the Orange County Board of Supervisors to determine the highest and best use foz the Los Alamitos Naval Air Station property, would remain the same; however, he would also plan to attend the meetings. Mayor Kanel indicated that he would be attending the League of California Cities Orange County Division election to fill two city vacancies on the Local Agency Formation Calmmission, scheduled for Thursday, May 14, 1970, It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to concur with the appointments as indicated by Mayor Kenel, Qity Council Minutes April 27, 1970 Discussion was held relative to a date on which the City Council would meet in order to discuss the over-all park and recreational services in light of the park bond defeat and the withdrawal of the City of La Palms from the Cypress Park and Recreation District. It was decided that the evening session of the City Council meeting would be adjourned to 7:30 p.m., May 5, 1970, for this purpose. The City Manager advised the City Council that he had received a request from the 3unior Women's Club requesting that the week of May 11, 1970 be proclaimed as Healthy Baby Week. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilma~ Kenode, seconded by Councilman Harvey and unanimously carried to proclaim the week of May 11, 1970 as Healthy Baby Week. The City Manager indicated that the Mayors' and Councilmen's Institute will be held May 20 through May 22, 1970, It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Kenode and seconded by Councilman Harvey that all Councilmen who could attend the conference, be reimbursed for all actual and necessary expenses incurred~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 CO]3NCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None The City Manager indicated that he had received a communication from the City of Los Alami[os requesting that representatives from the City of Cypress attend a meeting of neighboring cities, to be held in Los Alamitos sometime in June, for the purpose of discussing the Los Alamitos Naval Air Station property~ In response to an inquiry from Councilman Roberrs, the City Manager explained that the invitation from the City of Los Alamitos was extended to all Councilmen. Following discussion, it was the general opinion of the Council that more information was required. The City Manager stated that a cormmunication had been received from State Senator Lawrence Welsh requesting the support of California cities for an amendment which would change the allocation of gas tax monies between the northern and southern cities. The City Manager explained that presently the southern cities receive 55% of the amount and the northern cities 45%, and that the proposed amendment would alter the southernportion to 60% and the northern to 40%. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to place this item on the agenda at this time. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried that the City Manager send telegrams expressing support of the proposed amendment to the appropriate legislators. EXECUTIVE SESSION: It was m~ved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 4:50 p.m. for the purpose of discussing pending litigation. The meeting was called back to order at 5:38 p .m. with all Councilmen present. RECESS: It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to recess at 5:40 p.m. until 7:30 p.m. that evening. 2 City Council Minutes April 27, 1970 CALL TO ORDER: The meeting was called back to order at 7:30 p.m., with the following in attendance: PRESENT: Comcilmen l~arvey, Kenode, Lacayo, Roberrs and Kanel ABSENT: None 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, Grissom, Schatzeder, and Bavord. PLEDGE OF ALLEGIANCE: At the request of Mayor Kenel, Councilman Kenode led the City Council and the audience in the Pledge of Allegiance. ORAL COMMUNICATIONS: There were no oral communications presented at this time. At the request of Mayor Kenel, the City Manager reviewed what had transpired in the afternoon session of the City Council. It was moved by Councilra~ Harvey, seconded by Councilmen Kenode and unanimously carried to proceed to item no, 2 on the agenda at this time, and to continue until 8:00 p.m. at which time the Public Rearing will be held, COMMUNICATION .ERQM.. S.~TE CONTROLLER ADVISING OF ADy.ANqE~ AP~O.R~ONMENT OF VEHICLE LICENSE FEE REVENUE FOR 1969-70 FISCAL YEAR: The City Manager reviewed a communication dated April 10, 1970 from the office of the State Controller, Houston I. Flournoy, advising the City Council that the advance apportionment of vehicle license fee revenue for the 1969-70 fiscal year, based on a population of 31,600, will be in the amount of $155,095.22~ The report indicated that these funds, in addition to m~tor vehicle in lieu monies already received and estimated to be received in the final June apportionment, will be consistent with the Budget estimate from this source in the amount of S193,000. It was moved by Councilman Harvey, seconded by Councilmen Kenode and unanimously carried to receive and file this communication. RESOLUTION OF COSTAMESA CITY COUNCIL URGING PASSA.GE.q~ P~o~QSE~ .FEDE.P~AL TAX SHARING STATUTE: The City Manager stated that the City has received a copy of Resolution adopted by the Costs Mesa City Council urging passage of a proposed Federal revenue sharing statute. He indicated that with the urgent needs and financial crises which exist in moat cities, including Cypress, Federal tax sharing programs appear to be inevitable in solving this financial situation. The City Manager further indicated that although he has not had an opportunity to review in detail the Federal proposals, it would appear in the best interests of the City to support any and all legislation which would return, without "strings", any Federal monies which may be made available for local needs. In response to an inquiry from Councilman Harvey, the City Manager indicated that legislation of this nature has been under consideration for several months. He further indicated that President Nixon has expressed approval of Federal tax sharing~ Councilman Kenode stated that he would endorse the principle of the legislation; however, he would like to have more information concerning the matter. It was moved by Councilman Roberrs and seconded by Councilman Kenode that the City Clerk draft a similar Resolution to the one adopted by the City of Costs Mesa. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED:i COUNCILMEN: Kenode, Lacayo, RobeKs and Kanel None None Harvey -3- City Council Minutes April 27, 1970 Councilman Harvey stated that he abstained from voting as he felt there needed to be more information on the specific legislation. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT NO. 5940, LOCATED SOIrrH OF LINCOLN AVENUE AND WEST OF DEI41~I STREET--LA~NIN COMPANY: The City Manager presented'a report dated April 2d~'i~70,'f*6~ ~he PubliE Works Director which indicated that the public improvements in Tract 5940 have been satisfactorily completed in accordance with plans and specifications; however, certification by the developer's landscape architect that the street trees have been planted according to City specifications has not been received and tract tie notes have not been submitted by the developer's engineer. The report further indicated thac the subdivision improvement Performance Bond will be in effect for one year from the date of acceptance of the improvements and will guarantee correction of any defects in workmanship or material in the public improvements. It was moved by Ccuncilman Harvey and seconded by Councilmen Roberts to accept the public improvements in Tract 5940 as being satisfactorily completed in accordance with plans and specifications and to authorize the City Clerk to release the Mon~mentation Bond and the Labor and Material Bond upon expiration of their required lien period providing no mechanics liens are filed with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, subject to the completion of the following conditions: 1~ Certification of street trees by landscape architect and replacement of dead treeso 2~ Submittal of tie notes by developer's engineer. 3. Completion of street improvements at the northeast comer of Surrey Drive and Denni Street~ The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kunel None None CONSIDERATION OF AMENDMENT TO CONTRACT FOR CITY AUDIT SERVICE: The City Manager reviewed a report dated April 24, 1970 which indicated that the City has received a request from Diehi, Evans and Company, who have provided the audit services for the City since incorporation, to increase the maximum fee schedule for audit services to $1500 for the fiscal year ending June 30, 1971. The report stated that the request is based upon the increases of salary cost for the auditing firm which reportedly has been 25% over the past two years and the anticipated workload which will be required for the services which will be performed in a year to 18 months from the current date. In answer to an inquiry from Co'ancilman Kenode, the City Manager stated that this amount would cover both the quarterly and the annual audits. It was moved by Councilman Kenode and seconded by Councilman Narvey to approve the increase in fee schedule for audit service as outlined in the report, and to authorize the City Manager to execute the amendment to the audit contract providing for a maximum audit fee of $1500 for the 1970-71 fiscal year, The metion was ~manimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kunode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF APPROVAL OF APPLICATION FOR LAW ENFORCEMENT GRANT: The City Manager presented a report dated April 24, 1970 which stated that the City Council at a regular meeting of October 27, 1969, authorized the City Manager and Police Chief to submit a letter of intention to the California Council on Criminal Justice to obtain a grant in the amount of $10,000 for the development -4- City Council Minutes April 27, 1970 of an administrative manual for the Police Department. The report indicated that the letter of intention received favorable approval by State Officials and the City has been requested to complete a formal application for this project. The formal application now has been completed and the new project cost has been increased to $15,000 which includes a grant in the amount of $9,000 with the City contribution established at $6,000, which is an "in kind" contri~ution involving only the time, facilities, and materials which are currently available within the Police Department. It was moved by Councilman Kenode and seconded by Councilman ~arvey to authorize the City Manager and Police Chief to submit the formal application for a law enforcement grant under the Omibus Crime Control and Safe Streets Act of 1968, as outlined in the report ~ ~ae motion was unanimously carried by the following roll call vote: AYE S: N0E S: ASSENT: 5 COUNCILMEN 0 COUNCILMEN 0 COUNCILMEN Harvey, Kenode, Lacayo, Roberrs, and Kanel None None CONSIDERATION OF APPROVAL OF ANNEXATION .~.9-6, .LOq4~ED .~.ErWEE~ MOQDY ST. AND SUMNER PLACE BORDERED ON THE NORTH BY MERTEN AVE.,.SOUT~ BY ~q.AMP ST: The City Manager re'~iewe'd a report dated April 24, 1970 which stated that Annexation 69-6 consists of approximately 52 acres of property, a population of 520 residents, and a total assessed valuation of $575,000. The report further stated that the annexation has previously been approved by the Local Agency Formation Commission of Orange County, and following City Council approval of the request of the proponents of the annexation to circulate petitions in the area, the City Clerk has received a petition which has been certified to contain signatures of more than 25% of the qualified registered voters in the area requesting annexation to the City. The annexation petition contained the signatures of 38% of the registered voters in the area, which is more than sufficient to require that the City Council proceed with the annexation by adopting a resolution of intention to call a special election and establish a date for the hearing of protests. The report indicated that in the event that over 50% of the property owners submit protests prior to the close of the public hearing, the City Council may not proceed with the annexation election; however, in the event sufficient protests are not received, the City Council will be required to call for a special election at which time the qualified registered voters in the area will cast ballots to determine whether or not they wish to annex to the City of Cypress. At the request of Councilman Harvey, the City Manager pointed out the location of the proposed annexation on the aerial map° It was moved by Councilm~m Harvey and seconded by Councilman Kenode to adopt the Resolution which calls for the Public Hearing to be held at 8:00 p.m. on Monday, May 25, 1970o Title of the Resolution is as follows: RESOLVfION NO · 1063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OF INTENTION TO CALL A SPECIAL ELECTION AND SUBMIT THE QUESTION OF ANNEXATION OF THAT CERTAIN INHABITED TERRITORY DESIGNATED AS "ANNEXATION NO~ 69-6" TO THE ELECTORS RESIDING IN SUCH TERRI- TORY, AND SETTING A DATE FOR THE HEARING OF PROTESTS THERETO. The motion was ~manimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ASSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None RECESS: Mayor Kanel declared a recess at 7:55 p.m. The meeting was called back to order at 8:00 p,m. with all Councilmen present. -5 - City Coumcil Minutes April 27, 1970 CONTINUATION OF PUBLIC HEARING~RE:CONSIDERATION OF]ANAPPLICATION FO~ AMENDMENT TO ZONING ORDINANCE NQ~ 90, ..K~.QWN AS ~O~ ]~.A~.G.E. ~O. Z-~86: The Mayor annotated this was the time and place for the Public Hearing to consider an application for an amendment to Zoning Ordinance, No. 90, to change the zone of a certain parcel of land from R-1 (Single-family Residential) to C-1 (Neighborhood Stores) and C-C (Civic Center) on property generally located at the northwest comer of Orange Avenue and Valley View Street, initiated by the Cypress Planning Commission and known as Zone Change No. Z-186. The Mayor announced that the Public Hearing was open and requested the Staff to present its report. The City Manager reviewed a report dated April 24, 1970 which stated that the affidavits of publication, posting and mailing of the original Notice of Public Hearing and the affidavit of posting of the Notice of Continuation of the Public Hearing 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 change of zone have been received. The Planning Director pointed out the subject property on the aerial map, and explained that originally the owner of the property had requested a C-2 (General Comnercial) zone; however, the Planning Commission denied this request at its meeting of January 15, 1970, and recommended that the subject property be placed in a C-1 and C-C zone~ He further indicated that the property is vacant at the present Councilman Lacayo and Councilman Roberts stated that they had listened to the recordings of =he previous hearing on this matter, and therefore were informed as to what had transpired at that meeting~ At the request of Mayor Kanel, the City Attorney read sections 111.2 and 111.3 of the Zonlng Ordinance No. 90, which listed the allowed uses for property located in a C-1 zone~ In response to an inquiry from Countlima% Roberts, the City Manager stated that the City Co'm~cii had suggested that the applicant consider conducting an economic feasibility study which could be used to Justify the proposed zone change. Mr. Daniel Cohn, President of the D & E Corporation, 8906 Olympic Boulevard, Beverly Hills, addressed the Council stating that his Corporation has determined that uses other than a service station are possible on the property, including, a nursery school, He indicated that the property is unueable as it is presently zoned, and added that if the Council did approve the zone change, the Corporation could then bring an idea and plan back to the City Council for its review. In answer to a question from Mayor Kanel, Mr. Cohn advised that he was president of the Corporation at the time when the tract behind the subject property was developed, md stated that for some reason the property in question was excluded. In response to an inquiry from Councilman Lacayo, Mr. Cohn stated that it would be natural to consider a gas station for the property; however, he did not feel that a service station at that particular corner would be good business. He further stated that he does want to develop something that would not be obJectional to the City. In response to a question from Mayor Kanel, the applicant stated that he felt a C-0 (Commercial Office) zone would be much too restrictive. When asked by Councilman Harvey if there had been any protests to the application, the Planning Director stated that there had been none regarding the zone change, and that all residents within a 300' radius had been notified, Councilman Harvey stated that it was a difficult piece of property, and that he was not in favor of a service station being constructed; however, there are many other uses under a C-1 zone which should be taken into consideration. -6 - City Council Minutes April 27, 1970 Mr. Rennie Reynolds, 10202 Tanforan Drive, Cypress, addressed the Council stating that he felt a study of the Ordinance to determine the feasibility of excluding service stations from a C-1 zone would be beneficial. At the request of Councilman Roberrs, the City Attorney explained several methods whereby a certain use could be excluded from a C-1 zone. Discussion ensued concerning the various problems which could be encountered should such an exclusion be in effect. In answer to a question from Councilman Harvey, the Planning Director stated that after careful study by the Planning Commission, the Commission determined that the property, which is similar to the other corner properties, should be zoned accordingly. There being no written communications or oral protests, the Mayor declared the Public Hearing closed. Following discussion, it was moved by Councilman Roberrs, seconded by Councilmen Harvey and unanimeuely carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. 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 FRDM R-1 (SINGLE-FAMILY RESIDENTIAL) TO C-1 (NEIGHBORHOOD STORES) AND C-C (CIVIC CENTER) ZONE CHANGE NO. Z-186. It was moved by Councilman Harvey and seconded by Cooncilman Kanode to approve the first reading of this Ordinance. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED:i COUNCILMEN~ Harvey, Kanode and Roberts Mayor Kanel None Lacayo It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to proceed to item no. 13 on the agenda at this time. CONSIDERATION OF REQUEST FOR ADDITIONAL STUDIES ON MULTIPLE FAMILY DEVELOPMENTS: The City Manager reviewed a report dated April 24, 1970 which stated that at its adjourned regular meeting of Tuesday, April 21, 1970, the City Council approved the request of Councilman Bowen to place an item on the agenda of the April 27, 1970 City Coonoil meeting concerning amendments to the Zoning Ordinance regarding multiple family dwellings. The City Manager's Office received a copy of former CouncilmenBowen's statements on Wednesday, April 22, 1970. The report further stated that the report from Cooncilmsm Bowen, which has not been reviewed in detail by the City Manager or Planning Director, appears to be in two parts: first. a request to freeze all multiple family developments until the proposed multiple Discussion was held relative to a freezing action on all multiple-unit development approval, which was the first item contained in the request submitted by former Councilman Bowart. The City Attorney advised the Council that an Urgency Ordinance of this nature would be effective for a ninety day period, subject to an extension of one year~ following a Public Hearing. -7- City Council Minutes April 27, 1970 At the request of Mayor Kanel, the City Manager read in full the request from Mr. Richard Bowan, dated April 21, 1970. Mr. Richard Bowan, 5435 Vista Sierra, Cypress, addressed the Council stating that a portion of the report had been omitted under section 2, subsection D, which would read as follows: "In our Ordinance not only do we increase the am~ont of land that may be covered by an apartment, we also reduce the size of a development under R-4. R-3 and R-4 zoning should have the same quality." Mr. Bowen stated that his report was submitted in outline form as his basic intent was to give the City ideas with which to work, In response to an inquiry from Councilman Lacayo, Mr. Bowan stated that the proposed freeze would apply to all multiple-units as of this date. In answer to a question from Councilman RobeKs, the City Attorney advised that the ninety day time limit on the freeze could be shortened by adopting an Ordinance which would rescind the previous Ordinance. At the request of Councilman Lacayo, the City Attorney reviewed instances where other cities had imposed a freeze such as the one under consideration. In response to an inquiry from Councilman Lacayo, Mr. Bowen stated that~.the proposed freeze would be for all future approval, Me stated that the City of Cypress is beginning its apartment phase of community development, and stressed the need for compatibility between the apartments and single-family dwellings. He further stated that under the present system, the City has no control other than a Conditional-Use Permit ~ Mrs~ Alice Frankiewich, 4219 Dover Circle, Cypress, addresseH the Council stating that it was sufficiently clear that the City does not have an adequate code for apartments; and, therefore, would strongly urge support of Mr. Bowen's proposal for a study, and that a freeze be adopted, Mr. Bob Hopkins, 4192 Avehide Madrid, Cypress, stated that he was in agreement with M% ~ Bowen ~ s comments. Mr. Allan Banick, 8741 Watson Street, Cypress, stated that Mr. Bowan should be commended on most of what he is attempting to do and that the City should take steps to insure that the future development of the City is compatible with existing areas. Mr. Banick questioned the feasibility of some of the proposals contained in the request, and indicated that the restrictions should be studied in depth before action is taken. He further indicated that he would be happy to assist in a study relative to the matter. Mr. James Duncan, 9582 South Walker Street, Cypress, stated that he was not in favor of the restriction as he felt that the present system has worked thus far, and that now is the time to build. Mrs. Shirley Gordon, 7762 Walker Street, La Palms, indicated that she was opposed to the request as she felt the City's codes regarding apartments are quite strict as they are presently, Mr. E~ K. Cooper, 4721 Newman, Cypress, stated thBt he has lived in the City for six years and feels that planning ahead is very important, and that Mr. Bowen should be commended, as he is considering the entire community. He further indicated that he was in favor of the proposed freeze. Councilman Kenode indicated that he would prefer to accept the recommendation of the Staff, that the report submitted by Mr. Bowan be referred to the City Staff and the City Attorney for further study and report. He further indicated that he would be opposed to an Urgency Ordinance without first conducting a Public Hearing. He also stated that he felt there were several deficiencies City Council M/nutes April 27, 1970 · n the report, and stressed the need for a study. Councilman Harvey indicated that he agreed with Mr. Bowen's statement that the City of Cypress is beginning its apartment phase of the conTaunity, and that it would appear to be an ideal time to review our present Ordinance. He stated that he felt the ninety day period in which the Urgency Ordinance would be in effect would allow for sufficient time for a thorough study, and that the ninety day period would not be imposing a hardship on property ow~lers, and therefore, would be in favor of the freeze. In response uo an inquiry from Councilma~ Roberrs, the City Manager indicated that should the Council desire a study, the study would be divided. He explained what would be involved in such a study, and stated that certain areas must be reviewed by the City Attorney~ F~ stated that should the Council wish to consider what the best use for certain properties would be, the assistance of an outside consultant would be advisable. The City Manager further indicated that a study conducted by the Staff, City Attorney and consultant would take approximately five weeks to complete~ Mr. Pat O'Hara, 9170 Whitney Way, Cypress, addressed the Council stating that he felt the Urgency Ordinance was needed. Mr. Ray Bell, 9110 Whitney Way, Cypress, addressed the Council stating that if a review of the Ordinance is in order~ that the City should stop any further develop- ment. He indicated that the issue is whether the Ordinance needs to be studied. Following discussion, it was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to read the following Urgency Ordinance freezing the granting of all building permits for an appropriate period of time for all multiple-unit develop- ment by tiule only, title as follows: ORDINANCE NO. 429 AN URGENCY ORDINANCE OF THE CITY OF CYPRESS TEMPORARILY RESTRICTING THE ISSUANCE OF BUILDING PERMITS FOR MULTIPLE DWELLINGS FOR A PERIOD OF NINETY DAYS° It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt Ordinance No. 429. The metion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Harvey, Lacayo, Roberts and Kanel Kenode None It was moved by Councilman Kenode and seconded by Councilman Roberrs that a study of the entire question of multiple development be conducted by the Staff, including the City Attorney, with the assistance of a consultant, and the findings be brought to the City Council for its review in June, 1970. Discussion ensued relative to the study which will be conducted, and it was the general opinion of the Council that the study must be conducted as soon as possible. Councilman Roberrs stated that the action taken by the City Council concerning this matter was not to block apartment building, and indicated that at the end of the study, he would like to have some permanent action which would be of benefit to the City. The u~tion was unanimously carried by the following roll call vote: AYE S: 5 COUNCILMEN: NOES: 0 COUNCILM~q: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None -9 - City Council Minutes April 27, 1970 It was moved by Councilman Kenode and seconded by Councilman Harvey to appropriate $10,000 from the fund balance of the General Fund to Account No. 425-18, for the purpose of conducting the multiple unit study. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None RECESS: Mayor Kanel declared a recess at 9:50 p.m. The meeting was called back to order at 10:04 p.m~ with all Councilmen present. CONSIDERATION OF PROPOSAL FOR ECONOMIC ANALYSIS OF POTENTIAL D~VELOPMENT OF THE LOS ALAMITOS NAVAL AIR STATION PROPERTY: The city'Manager presented a r~p6rt dated April 24, 1970, which stated that as requested by the City Council, the City Manager obtained a proposal from Economics Research Associates to evaluate the economic impact upon the City of Cypress of various development alternatives which might be considered feasible on the Los Alamitos Naval Air Station property. The report further stated that the proposal outlines the objectives and approach which would be taken for this study and indicates that the research and final report could be completed in approximately 12 weeks at a total cost not to exceed $12,500. The report indicated that a similar economic evaluation is being undertaken by the City of Los Alamitos in regard to this property, end that since it appears that other Governmental agencies, including the City of Los Alamitos and Orange County will definitely be involved in the future development of the property in the event it becomes available for other uses, the City of Cypress should have a complete ~malysis of the impact of these proposals upon this community in order to determine the position that the City of Cypress should take in supporting the development program having the greatest economic benefit to the City of Cypress. In response to an inquiry from Councilman Harvey, the City Manager stated that he did not feel the proposed study would conflict with the Master Plan, as the study will be directed specifically at several alternate types of development, end therefore will be somewhat different~ In response to a question from Councilman Lacayo, the City Manager explained that this study would be more of an analysis in terms of economic benefits to the City of Cypress; therefore, a Joint-study with the City of Los Alamitos would not be advantageous. Possible uses of the property were discussed, during which Councilman Harvey stated that he was firmly convinced that the land should not be used for an air facility of any kind, and that he feels it is critical to have the knowledge and information which the proposed study would give the City, as soon as possible. In response to an inquiry from Councilman Lacayo, the City Attorney advised that there is a Federal Statute which governs the disposition of surplus property. He stated that the property will first be offered to the Federal Government; then to the State Government~ to the County; and then to the cities. Councilman Harvey stated that the largest growth to the City will come from the southern portion of the City, and therefore feels the study is worth the expense and will benefit the City in many ways. It was moved by Councilmen Harvey and seconded by Councilmen Roberrs to approve the proposal and to authorize the Mayor to sign and the City Clerk to attest the contrac'- between the City of Cypress and Economics Research Associates as outlined in the report, m~d as specifically detailed in the proposal from Economics Research Associates dated April 13, 1970~ The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None - 10 - C~ty Council ~inutes April 27, 1970 CONSIDERATION OF PROPERTY AT 6322 ELM STREET, CYPRESS: The City Manager reviewed a report dated April 24, 1970 which indicated that the City Council at its regular meeting of April 13, 1970, received a petition signed by 16 persons complaining of the condition of the property at 6322 Elm Street, Cypress. The report stated that the apparent complaint involves the storage and dismantling of automobiles at the subject address. The Planning Department has advised that this condition had been previously reported, and that on January 6, 1970, a letter was sent to Mr. James Jemison requesting that the vehicles be removed, and informing him that this operation was in violation of the Zoning Ordinance. The report further stated that a second letter was sent to the property owner on April 9, 1970, restating the violations of the Zoning Ordinance, and requesting that this use be discontinued within 20 days or further action would be necessary. The report indicated that the Planning DeparTment will turn this matter over to the City Attorney upon the expxration of the 20-day period from the previous cormnunication which would be on or about May 1, 1970, Mr, Robert Larkin, 10571 Claudia Circle, Cypress, addressed the Council stating that the concerned citizens who signed the petition are hoping that the subject property will be completely cleared and cleaned, He indicated that Mr. Jemison has another place of business outside of the City, where he also stores vehicles, and a trailer, ~hich is used to transport these vehicles, is stored at his residence. Councilman Harvey stated that he is familiar with the subject property, and indicated that he was in agreement with Mr. Larkin. in ~esponse to an inquiry from Mayor Kanel, the City Manager explained that if M~. Jemison refuses to comply with the Zoning Ordinance, and the condition is not corrected on or before May i, 1970, he will be notified that the matter has been turned over to the City Attorney who will then take further action. In answer to an lnquiry from Councilman Lacayo, the Police Chief explained that the trailer would not be in violation of an ordinance unless it was parked in the street for a 72-hour period. The Police Chief further explained that an Officer may have a vehicle moved if it appears to have been abandoned. rollowing discussion, iz was moved by Councilman Harvey and seconded by Councilman Roberrs to recelve and file the report dated April 24, 1970. The motion was unanimously carried by the following roll call vote: A~ES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None CONSIDERA%ION OF ACCEPTANCE OF IMPROVEMENTS ~ND RELEASE OF BONDS FOR TRACT NO. 6653-- LARWIN COMPANY: The City Manager reviewed a report dated April 21, 1970 from the Public Works Director which stated that the final tract map was approved by the City Council on February 24, 1969, for Tract 6653, located at the southwest corner o~ Orange Avenue and Valley View Street. The report indicated that Bonds and Agreements were approved by the City Attorney and Improvement plans were completed, and that all public improvements were constructed in conformsace with plans and speci~ications, with the exception of the certification of the street trees by the developer's landscape architect, and have been accepted by the Public Works Inspector. The report stated that a wood fence has been constructed along the perimeter of Lot "A" in conformatop with Condition #3 of ~inal tract map approval, and all drainage fees have been paid in conformatop with Condition #4 of final tract map approval. The report further stated that on May 4, 1970, the Orange County Board of Supervisors will act on the agreenBnt between the developer and the Cypress County Park & Recrea- tion District ~or the acquisition of one acre and the first four lots on James Alan Street and the four lots on Lawrence Street adjacent to the park site. The improvements of the parksite itself have been accepted and approved by the Park District and the City, and will be accepted for maintenance by the Park District after final approval by the Orange County Board of Supervisors. - 11 - ~izy Council Minutes April 27, 1970 It was moved by Councilman Harvey and seconded by Councilman Kanode to accept the Public Works improvements required as a Condition of Approval of final tract map and to authorize the City Clerk to release the Monumentation Bond and the Labor and Material Bond upon expiration of their required lien period provided no mechanics liens have been filed, with the Performance Bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship, subject to the following conditions: 1. Certification of street trees by developer's landscape architect. 2. Payment of optional design fees and final accounting for the improvements installed on parksite including dedication to City of 0.44 acres. The motion was carried by the following roll call vote: AYES: 4 COI/NCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED:i COUNCILMEN: Harvey, Kanode, Roberts and Kanel None None Lacayo CONSIDERATION OF FLAG DESION CONTEST POSTERS: The City Manager reviewed a report dated April 24, 1970 which advised that the Girl Scout Troop 1656 has completed the Flag Design Contest in the City of Cypress and has 18 flag design finalists from all age categories. The report indicated that the Girl Scout Troop has requested the City Council to select the flag design which should receive the winning award of a $25 savings bond, and the Girl ScoutTroop will select the tenmining awards, which will be presented to the contestm~ts at the regular City Council meeting of May 11, 1970. It was the general opinion of the Council, that since they had not had an opportunity to review the flag design posters, that this item should be postponed. The City Manager stated that the posters will be on display at the Civic Center, and suggested that the Councilman review them at their convenience. In was moved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to defer consideration of this item until the meeting of the City Council scheduled for May 5, 1970. CONSIDERATION OF.REQUEST FOR EXTENSION OF TENTATIVE TRACT MAP NO. 6657--ARMOUR BUILDING COMPANY: The City Manager reviewed a report dated April 24, 1970 which indicated that at its regular meeting of March 23, 1970, the City Council received a request from Larry Armour, President of Armour Building Company, for a one-year extension on Tentative Tract Map No. 6657 which involved the subdivision of approximately 34 acres of land into 206 homes and a park site. The report further indicated that since the subdivision, located at the southeast comer of Holder and Cerritos, did involve the dedication of a park site, which could have been expanded in area in the event the park bond issue had been successful at the April 14 Municipal Election, the City Council granted a 30-day extension on the Tract Map which indicated that the request for the one-year extension would be reviewed prior to the expiration of the Tentative Tract Map at the City Council meeting of April 27th. In response to an inquiry from M a y o r Kanet, Mr. Larry Armour, President of Armour Building Company, stated that approval by the property owner is not required; however, he is certain that the property owner would approve. Following discussion, it was moved by Co~cilman Kanode and seconded by Councilman Lacayo to grant the request of the Armour Building Company to extend Tentative Tract Map No~ 6657 for an additional 11 months, with the map to expire on April 7, 19710 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel None None - 12 - City Council Minutes ~ril 27, 1970 CONSIDERATION O~.APPROVAL OF COMMERCIAL WA..RJ~NT ~ FOR WARRANTS NO. 238~6 THROUGH 23983: It was moved by Councilman Kenode and seconded by Councilman Harvey to approve the Cormnercial Warrant List for Warrants No. 23826 through 23985 in the total amount of $217,207.68, The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 CO]JNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None It was moved by Councilman Harvey and seconded by Councilman Kenode to appropriate $12,500 from the fund Balance of the General Fund to Account 425-18, to cover the study which will be conducted by Economics Research Associates regarding the potential development of the Los Alamitos Naval Air Station property. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and K~nel None None ORAL COMMUNICATIONS: There were no oral communications at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously carried to adjourn the meeting at 10:55 p.m. to 7:30 p.m. on May 5, 1970. ATTEST: MAY0~F THE CITY OF CYP, RES S - 13 -