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Minutes 70-05-05MINUTES OF AN ADJOFRNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 5 , 1970 The adjourned regular meeting of the Cypress City Council was called to order at 7:30 p.m., on Tuesday, May 5, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Km~el presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs and Kanel AB SENT: 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, Grissom, Nudson, Putnam, and Coakley. PLEDGE OF ALLEGIANCE: At the request of Mayor Kanel, Councilm~ Kenode led the City Council and audience in the Pledge of Allegiance. ORAL COMMUNICATIONS: There were no oral co~mlunicatiOns at this time. CO}~MUNICATION FROM BUENA PARK DISTRICT BOARD OF REALTORS REQUESTING THE '~EEK OF MAY 17-23 RE PROCLAIMED AS "REALTOR WEEK"'.' ~he City ~&nager reviewed a req'uest from the Buena '~ark District Board of' Realtors requesting the Mayor and City Council to proclaim the week of May 17 through May 23, 1970 as "Realtor Week" in the City of Cypress. It was moved by Councilman Kaaode, seconded by Councilman Harvey and unanimously carried to proclaim the week of May 17 through May 23, 1970 as '~tealtor Week" in the City of Cypress as requested. COMMUNICATION FROM CYPRESS V.F.W. POST REQUESTING .A PROC_LAMATION URGING SUPPORT OF ANNUAL SALE OF BUDDY POPPIES: The City Manager reviewed a request from the Cypress V.F.W. Post requesting the Mayor and City Council to issue a proclamation urging all citizens of Cypress to support the annual sale of Buddy Poppies in recognition of the sacrifices of the veterans who have lost their lives in fulfilling their obligation as American citizens. The report indicated that the proceeds from this campaign are used exclusively for the benefit of disabled veterans and the widows and orphans of deceased veterans. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried that the City issue a proclamation urging all citizens of Cypress to support the annual sale of Buddy Poppies in recognitiOn of the sacrifices of the veterans who have lost their lives in fulfilling their obligation as American citizens. OM m.I ATIpN ROM. 4..t W. KL G DEVELOPMENT COmAMY., SUANCE OF BUILDING PERMITS FOR AN APARTMENT DEVELOPMENT LOqAT~D AT 9372 HOLDER STREET: The City Manager reviewed a conmunication dated April 28, 1970 from John W. Klug, President of J, W. Klug Development Company, Inc., requesting that the City Council approve the issuance of a building permit for an apartment development which was scheduled for construction on property located at 9372 Holder Street. The report indicated that this conmunication was prompted by the recent City Council action to freeze issuance of building permits for all multiple f~ ly developments in the City. Mr. J. W. Klug, President of the J. W. Klug Development Company, Inc., addressed the Council reviewing what had transpired relative to the subject property. He stated that a Use Permit had been granted to T & C Homes in October 1969, and that plans were prepared in accordance with the Use Permit. Mr. Klug indicated that his City Council Minutes May 5, 1970 firm had acquired the property and completed the design in accordance with the Use Permit, had submitted plm~s for plan-check, and are now in a position to proceed with the con- structiun upon issuance of building permits. Mr. Klug indicated that the delay in the issuance in building permits would create an undue hardship for his company. In response to an inquiry fromCouncilmm~ Lacayo, Mr. Klug stated that his company would start building on the date the permit is granted. In answer to a question from Councilman Roberrs, Mr. Klug explained that his company went into escrow in 3anuary to purchase the land from T & C. He further explained that they had complied with the plans and were issued a Conditional-Use Permit, and that since February the various City departments have been aware that the J. W. Klug Development Company would be buying and developing the property. At the request of Mayor Kanel, the Planning Director pointed out the location of the property in question on the aerial map. The City Attorney explained that should the Council desire to make an exception to the original Urgency Ordinance, the adoption of another Urgency Ordinance amending the original Ordinance would be necessary, and then the Council could approve the issuance of permits for a specific project. In response to an inquiry from Councilman Lacayo, the City Attorney advised that each hardship case would be heard by the City Council on an individual basis. Councilman l{arvey expressed concern regarding the number of applications submitted to the City which might have progressed to the stage where the developer would he ready to apply for a building permit; whereby, the City Manager indicated that there were two developers w~o had submitted plans to the City prior to the adoption of the Urgency Ordinance, and that both cases are on the agenda for this meeting. In response to an inquiry from Councilmem Lacayo, the City Manager explained that the study on multiple-unit zoning and development would probably not determine what would constitute a hardship. The City Manager further indicated that he had been informed by Mr. Wise that the study would be completed within two weeks. Councilman Kanodeindicated that since the Urgency Ordinance had been adopted by the City Council, there should now be a method by which hardYlip cases can be considered. Following discussion, it was moved by Councilmem Kenode and seconded by Councilman Harvey to read the following Urgency Ordinance by title only. The ~otion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COI~qCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kenel None None Title of the Ordinance is as follows: ORDINANCE NO. 430 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO, 429. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kenode and unanimously carried to adopt Urgency Ordinance No. 430 by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs, and Kanel None None City Council Minutes May 5, 1970 It was moved by Councilman Harvey and seconded by Councilman Ksnode to authorize the issuance of permits on the J. W. Klug development. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILM~N: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs, and Kanel None None COMMUNICATION FROM MR, PETER GIOVANNONI REQUESTING ISSUANCE OF BUILDING PERMITS FOR AN APARTMENT DEVELOPMENT LOCATED AT 9661 GRAHA~ ~TREET~ "~h&'d~y 'Manager reviewed a report dated May 5, 1970, which ind{cat&d'tha~ a communication had been received from Mr. Peter Giovsm~noni, requesting that the City Council approve the issuance of a building permit for the construction of 21 apartment units at 9661 Graham Street, Cypress. The report further indicated that this conmunication also was prompted by the recent Ciuy Council action to freeze issuance of building permits for all multiple family developments in the City. Mr, Peter Giovannoni, 1784 W. Alomar Avenue, Anaheim, California, addressed the City Council stating that he had owned the subject property for three years, and was issued a variance to construct 21 apartments on the property. He indicated that the plans have been approved by the Building Department, and that he is now in a position to build, pending issuance of a building permit. In response to an inquiry from Councilman Harvey, the Planning Director stated that Mr. Giovannoni's Variance had expired; however, a conditional-use permit had been granted which will remain current for a six month period. The Building Superintendent stated that plans for the subject property were originally brought to the Building Department in October 1968, and that they were checked and sent back to Mr. Giovannoni for corrections. The plans were returned to the Building Department in November 1968, and have remained there since that date with no further action having been taken. The Building Superintendent did indicate that the plan-check fees had been paid. Mr. Giovannoni indicated that he had difficulty obtaining adequate financing in order to construct the project. He further indicated that he had been notified about a month ago that a Hearing has been scheduled before the Planning Commission to consider this issue on May 7, 1970. In response to an inquiry from Councilman Kenode, the City Manager stated that a Variance must be granted by the Planning Commission before a building permit may be issued, and that if approval were to be granted by the City Council this evening, it would be contingent upon the decision of the Planning Commission. Following discussion, it was moved by Councilman Lacayo and seconded by Councilman Harvey to continue consideration of this matter to the May 11, 1970 meeting of the City Council, at which time the decision of the Planning Commission will be known~ Councilman Harvey stated that he seconded the motion as he felt the circumstances were different than the previous case in that Mr, Giovannoni'e plans had been approved quite some time ago, and, also felt that the Planning Commission should review the situation before a Council action is taken. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None CONTINUATION OF CONSIDERATION OF SELECTION OF FLAG DESIGN POSTER: The City Manager reviewed a report dated May 5, 1970, which stated that the City Council in previous action determined that each Councilman would review the flag design posters and select -3- City Council Minutes May 5, 1970 the winning poster at the adjourned regular meeting of Tuesday, May 5, 1970. The report indicated that the runner-up awards will be selected by Girl Scout Caderrs Troop 1656, and that all awards are scheduled to be presented at the regular City Council meeting of Monday, May 11, 1970. It was the decision of the City Council that the winning poster would be poster no. 2, submitted by Miss June Toyota. EXECUTIVE SESSION: It was moved by Councilman Roberrs and seconded by Councilman Lacayo to go into an Executive Session at 8:30 p.m. for the purpose of discussing a personnel matter. 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 Kanel None None The meeting was called back to order at 8:42 p.m. with all Councilmen present. CONSIDERATION OF REPORT ON PARK AND RECREATIONAL SERVICES: The City Manager stated that in addition to the written reports given to each Councilman, that both he and the City Attorney will verbally present a review of the park and recreational services in the conmunity and the alternatives now available to the City Council upon withdrawal of the City of La Palma from the Cypress Park and Recreation District. The City Manager indicated that consideration of this matter has been brought about because of the defeat of the park bond issue, in the general municipal election of April 14, 1970, by such a narrow margin, and also because of the withdrawal of the City of La Palma from the Cypress Park and Recreation District, which leaves Cypress in the unique position in that the City will be the only incorporated City within the Cypress Park and Recreation District. The City Manager reviewed in detail the background information regarding the development of the Cypress Recreation and Park District, and presented the recommendations which should be made on the park and recreational services in the City, that were contained in the General Plan, a Citizens' Park and Recreation Study Committee, and the Govern- mental Environment Sub-Committee of the Progress 80 Goals Program. The City Manager further reviewed the advantages and disadvantages of various methods of changing the Park and Recreation District organization structure. The City Attorney reviewed in detail the legal procedures involved with the detachment from the District, dissolution of the District, reorganization of the District, and the creation of a subsidiary district~ General discussion ensued regarding the creation of a subsidiary district, which the City Attorney advised was possible since the City of Cypress has an excess of 80% of the taxable land of the District within the City, and would require only the adoption of a Resolution by the City Council initiating the proceedings. The City Attorney further advised that a subsidiary district could be reques ted by the submission of a petition to the Orange County Board of Supervisors signed by either 5% of the resident voters of the District, or by 5% of the registered voters residing within the territory of the City outside the boundaries of said District. The City Attorney advised that the basic change in the creation of a subsidiary district is the substitution of the City Council for the Orange County Board of Supervisors as the governing body of the District~ Mr. Charles Bryant was requested to review the actions of the City of La Palma in withdrawing from the Park District, and answered questions regarding the operation of the Park District that were posed by the City Council. Councilman Lacayo indicated a desire to have additional information regarding the advantages and disadvantages of the proposed alternatives presented by the City Attorney. Councilman Kanode indicated that since the City will now be paying almost 90% of the taxes of the District without proper representation on the Board, serious consideration should be given to local control of the operation of the Park District. Councilman Harvey agreed with Councilman Kanode's statement. -4- City Council M~Lnutes May 5, 1970 Councilman Roberrs requested further discussion of this matter by representatives in the audience~ Mr. Richard Parker, 4662 Ashbury Avenue, Cypress, addressed the Council statinM that he feels the Park and Recreation District should be under local control. He stated that he has lived in the City for six years ~ and has yet to see or hear the City's representative to the Board of Supervisors. He strongly urged that the Comcil take action on this matter this evening. Mrs. Connie Bleick, 4951 Lemon Avenue, Cypress, addressed the Council stating that local control of the Perk and Recreation District is necessary in order to achieve needed park services and the acquisition of park sites. In response to a question from Councilman Lacayo, Mrs. Bleick indicated that the City'e lack of facilities was due to the lack of being heard by the Board of Supervisors, and that if there was control at the local level, citizens of the community would have a chance to be heard. Councilman Harvey stated that the survey which was conducted by the Goals Committee strongly indicated that the citizens of the City were very interested in having local control and increased park and recreation ser~rlces. He stated that the park bond failure does not indicate that persons were opposed to the expenditure of funds for this purpose, as 64% of the voters being in favor of the park bond issue is a good representation of the feelings of the people. He added that there was substantial proof that there is a need for local control. Mr. Clarence E. Wright, 5353 Cumberland Drive, Cypress, addressed the Council indicating that the newly elected mombers to the City Council had every right to want to examine this issue and to check on all of the various aspects involved before making a decision in this matter. He indicated that he was in strung support of the park bond issue at the time of the election; however, feels that in regard to what is now being considered, total costs and what the various ramifications would be should be studied. In response to an inquiry from Councilman Roberrs, Mr. Charles Bryant stated that the tax revenue of the District is expended within this District, and that control of the expenditure of funds lies with the Board of Supervisors. Mr. Bryant then explained that the local staff makes the budget proposal. In answer to another inquiry from Councilman Roberts, Mr. Bryant stated that the sprinkler system at the Tot Lot is now automatic, and that watering is done in the evenings.I He further stated that there is not a meeting room at the Tot Lot facility, however, and added that the there is only one meeting room, which is located at the Cypress Park. During discussion on the taxing abilities of the District, the City Manager explained that the City Council would have control of both budget appropriation and the establishment of tax rates for the District under the subsidiary district organization, and priorities for land acquisition, park development, and recreational services would be established by the City Council. Councilman Robarts indicated that he desired additional information and further com~nts from the public before taking action on this matter. Mrs ~ Marjan Bakke, 5055 Brunswick Drive, read a portion of a campaign statement concerning parks, and indicated that local control of the Park District would provide for progress in providing citizens with park and recreational services. After further discussion as to the advantages to the City with the Council becoming the governing body of the District, Mayor Kanel indicated that for the benefit of the new Councilmen, the staff should prepare a report outlining the various points in question, and the legal positions discussed, to be presented to the Council at a future meeting° -5 - City Council Minutes May 5, 1970 It was moved by Councilman Kenode and seconded by Councilman Harvey that the City Council adopt a Resolution initiating the proceedings to form a subsidiary district for park and recreational services. Councilman Lacayo and Councilman Roberrs indicated that they still would need more information before making a decision on this issue, whereby Mayor Kenel advised that the Council could table the motion if they so desired. Mr. Richard Parker again addressed the Council stating that he felt the issue should be acted on this evening. Discussion ensued, whereby Councilman Kenode called for the question. Mayor Kanel explained that "calling for the question" would be a vote to end all debate, that it would not involve the original motion. The vote failed to carry with the required two- third vote needed as follows: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey and Kenode Lacayo, Roberrs and Kanel None It was moved by Councilmar Roberrs and seconded by Councilman Lacayo to table Councilman Kanode's motion for the purpose of obtaining documented information from the Staff, to be presented to the City Council by their regular meeting of May 25, 1970~ The motion carried by the following vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILI~N: Lacayo, Roberrs and Kanel Harvey end Kenode None At the request of Councilmem Kenode, for the benefit of those in the audience, the City Attorney reviewed the method by which a petition can be presented to the County initiating procedures for the conversion of the District to a subsidiary district. Councilman Robarts indicated that perhaps it would be better if those citizens who might wish to file such a petition wait to do so until the meeting of the City Council scheduled for May 25, 1970. Discussion followed regarding what items the Co~mcilmen would like contained in the report from the Staff. Councilman Roberrs addressed the audience stating that any written co~nunication will be delivered to a Councilman if sent to the office of the City Manager. He further indicated that he would like to make himself available to any citizen or citizens' group. Coencilman Harvey inquired as to the possibility of a shelter being installed at the Texaco Park to help with the Tot Lot program. He stated that there ere from 80 to 100 mothers who have been placed on a waiting list, who would like to take advantage of the Tot Lot program, end who are not able to participate due to the lack of adequate facilities. The possibility of Texaco contributing funds for such a project was discussed, as were other possibilities. Councilman Harvey suggested that the City Manager and the Park end Recreation Director work soxrething out concerning this matter. ORAL COMMUNICATIONS: There were no oral conununications at this tim. It was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried - 6 - City Council Minutes May 5, 1970 to adjourn the meeting at 10:05 p.m. to 2:30 p.m. on May 7, 1970. MA~fOR OF THE CITY OF CYPRESS ATTEST: CITY L~ERK OF THE CITY OF CYPRESS - 7-