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Minutes 70-05-11MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 11, 1970 The regular mseting of the Cypress City Council was called to order at 4:25 p.m., on Monday, May 11, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John K~mel presiding. PRESENT: Councilmen Roberrs and Mayor Kanel ABSENT: Councilmen Harvey, Kenode and Lacayo Due to the lack of a quorum, the meeting was adJ ourned to 7:30 this evening. CALL TO ORDER: The meeting was called to order at 7:30 p.m., on Monday, May 11, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Roberrs and Kanel ABSENT: Councilmen Kenode and Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poetthat, Putnam, Schatzeder, Grissom, Nudson and Savord. PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop 934 led the City Council end the audience in the Pledge of Allegiance. MINUTES: It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to defer consideration of the Minutes until later in the meeting. At this time, Mayor Kanel presented a Con~nunity Service Plaque in recognition of outstanding service to the Administrative Secretary/Deputy City Clerk, Mrs. Carol J. Flynn. CONSIDERATION OF AWARD OF CONTRACT FOR IMPROVEMENTS OF MOODY STREET~ PHASE IIIt PROJECT #~'901-10-0~45: The City Manager presented a rep6~% dated May 7, 1970, from the Public Works Director which indicated the bids for the improvement of Moody Street, Phase III, from 1300 feet north of Orange Avenue to 2300 feet north of Lincoln Avenue were opened in the office of the City Clerk at 10:00 a.m. on May 6, 1970 in the presence of the City Clerk and the Director of Public Works. The report further indicated that the bids were checked by the Engineering Division and listed the results of the bids submitted. The report stated that the low bid of $54,930.20 submitted by John B. Ewles, is approximately 15,3% below the Engineer's estimate for the project. In response to an inquiry from Councilman Roberrs, the City Manager advised that John B. Ewles had worked on construction projects for the City on other occasions. At the request of Councilman Harvey, the Public Works Director pointed out the subject area on the aerial map, and explained the work which is to be done. It was moved by Councilman Harvey and seconded by Cooncilman Roberrs to accept the bid submitted by John B. Ewles as the lowest and best bid for the construction of street improvements on Moody Street from 1300 feet north of Orange Avenue to 2300 feet north of Lincoln Avenue, and to award the contract for the same to John B. Ewles, 14856 Dillow Street, Westminster, California as per their proposal dated May 6, 1970 in the amount of $54,930.20 subject to approval by the Orange County Road Department. City Council Minutes May 11, 1970 The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILleN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberts and Ka~el None Kanode and Lacayo ORAL COMMUNICATIONS: Mr. Lester Wilson, 9190 Whitney Way, Cypress, presented the Council with two photographs which he had taken the day before, of the Garwood Used Trucking Sales, depicting the view of the equipment which is visible from Whitney Way andRainier Drive. Mr. Wilson stated that the equipment is stacked too high, and indicated that approximately one year ago, the owner was ordered by the Planning Commission to plant shrubbery on the premises and has failed to do so. Mr. Wilson indicated that he felt the use permit should be complied with in every manner. Councilman Harvey indicated that he was aware of the situation, and had brought this matter to the attention of the City Manager. The Planning Director stated that he has noticed that many of the conditions placed on the use permit by the Planning Commission had not been complied with, and indicated that perhaps it should come before the Planning Corm~ission for review. The City Manager stated that an investigation of this matter was made, and the owner was asked to comply; therefore, the next step would be for the Planning Co~mnission to revoke his use permit if it is determined that he has failed to comply with the conditions. Councilman ~arvey suggested that this be implemented irmnediately, as the owner has had sufficient warnings. It was moved by Councilman Harvey and seconded by Councilman Roberrs to recommend that the Planning Commission begin with proceedings to revoke the use permit on the subject property. In response to an inquiry from Councilma~ Roberrs, the Planning Director reviewed the conditions in which the owner had failed to comply. Following discussion, the City Attorney reviewed the criteria which would be considered grounds for revocation of a use permit. The motion was unanimously carried by the following roll call vote: AYES: N OE S: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kanode and Lacayo Mr. Rennie Reynolds, 10202 Tanforan Drive, Cypress, addressed the City Council requesting that the Co~mcil consider lowering the American flag to half-mast in honor of the students and the National Guardsman who lost their lives during a conflict in Ohio. The City Attorney explained that it has been the policy of the City Council to limit action to those matters which directly affect the municipal affairs of the City. RECESS: Mayor Kenel declared a recess at 7:55 p.m. The meeting was called back to order at 8:01 p.m. PRESENT: Councilmen Harvey, Roberts and Kanel ABSENT: Councilmen Kanode and Lacayo PUBLIC HEARING RE: TO ASCERTAIN WHETHER THE PREMISES LOCATED ON THE SOUTH SIDE OF LINCOLN AVENUE APPROXIMATELY 164 FEET EAST OF DENNI STREET (ASSESSOR'S PARCELS NO. 244-351-04~ 244-351-05 and 244-351-06) MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A PUBLIC NUISANCE: The Mayor announced that this was the time and place for the -2- City Council Minutes May 11, 1970 Public Heating to ascertain whether the premises located on the south side of Lincoln Avenue, approximately 164 feet east of Denni Street, (Assessor'e parcels no. 244-351-04, 244-351-05 and 244-351-06) may be maintained in such a way as to constitute a public nuisance~ The Mayor deciazed the Public Hearing open amd requested the staff to present its reporns~ The City Manager reviewed a report dated May 5, 1970 which indicated that the affidavits of posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written commnunications in reference to this matter have been received. The Planning Director read into the record of the Public Hearing Planning Staff Report PC~70~ 33 and the following communications: A letter dated April 21, 1970 addressed to M~ Coelho, signed by the Building Superintendent; a letter dated April 13, 1970 addressed to Mr~ Coelho, signed by At D. Blevins, of the Vector Control, Division of Environmental Health; a letter dated April 9, 1970 addressed to Mr. Coelho, signed by Mr~ Gerald W. Neisler, District Sanitarian; a letter dated April 6, 1970 addressed to Mr~ Coelho, signed by El F ~ Osterman, County Fire Warden; and a memo dated April 2, 1970 addressed to the City Manager, signed by the Building Superintendent. These reports and communications outlined in detail the violations and nuisances which existed on the subject property, located at 4552 Lincoln Avenue. The Planning Director then introduced six slides, numbemsd6, 7, 8, 9, 10 and 11, as further evidence concex~ing the subject propert~ The City Attorney advised the City Council of the legal procedures involved in declaring the condition of this property a public nuisance, which requires a Resolution t h at would incorporate a specific method of abating the subject nuisance. The City Attorney read into the record for the City Council sections 13 and 14 of the Cypress City Code, which defines a public nuisance~ In response to ~m inquiry from Councilman Roberrs, the City Manager explained that if the property owner failed bo abate the nuisance within thirty days after the adoption of the Resolution, the staff would be required to proceed with the abatement as outlined in the Resolution, with all costs placed on the property owner's tax bill for the following fiscal year. M~. Victo= Snook, 4603 Rainier Drive, Cypress, addressed the Council stating that the men who load the trucks at the property in question, are able to look directly into his back yard. He stated that the operation not only invades his privacy, but there is quite a noise factor as well, and indicated that the operation should be discontinued as i~ was illegal~ Dr. G~nns, 4573 Rainier Drive, Cypress, stated that children have been known to play in the area of the tin cans both day and night, which could be a very dangerous situation° He further stated that on several occasions, the Police Department had been contacted as there had been shotgun blasts from the area. Dr. Ginns indicated that when he moved into the neighborhood, in 1968, he was told that the factory would be gone within three monthe~ He further indicated that last summer, he requested Mr. Coelho to lower the stack of cans, which he did for approximately two months; however, the pile rapidly built up again. Dr. Ginns urged the Council to remove this operationl Dr,. Wednet, 4543 Rainier Drive, Cypress, indicated that when he was considering his property, he was told by the City of Cypress that Mr. Coelho's operation was illegal, and would be removed within a three month period. -3- City Council Minutes May 11, 1970 Mr, Ronald Wimet, 4563 Rainier Drive, Cypress, addressed the Council stating that he would like to add to what has been previously stated, that the operation at the subject location begins at 6:30 a.m., and is operated on a seven day a week basis~ He indicated that he feels the rodent problem is worse than has been brought out in the previous discussions. Mr. John Zitny, 6335 Beach Boulevard, Attorney for Mr. Coelho, addressed the Council stating that if the City feels that the operation is not in conformante with the codes, Mr. Coelho would like to have a reasonable period of time to bring his operation up to standards. He stated that when Mr. Coelho purchased his property in 1959, it was zoned M-l, which he was told it would remain M-1 when the property was annexed To the City~ Mrs Zitny stated that it was rezoned Highway Commercial in 1963. In response to an inquiry from Mayor Kenel, Mr. Zitny indicated that the tin can business was begun in 1959, and that both the nursery and the can operation were in existence at the time the property was annexed. He further indicated that the nursery had been leased and that business licenses had been obtained for both operations. In answer to a question from Mayor Kenel, the City Attorney explained how long a pre-existing non-conforming use is allowable, then added that the Council is now following the procedure for nuisance abatement, authorized in the Government Code Sections 38773 and 38773.5, and the Ordinance under which the Council is operating is Article III of the Cypress City Code, which is basically to define and determine what constitutes a nuisance. M/, Jack James, 4593 Renier Drive, Cypress, addressed the Council stating that he was the first to occupy a home on Rainier Drive, and indicated that if Mr. Coelho were ~o clean up the operation and plant shrubbery or construct a wall between his property and the residencesalong Rainier Drive, he would have no objection to the business~ He further indicated that it appeared to him that Mr, Coelho has been making ~% attempt to clean the area~ In response to inquiries from Councilman Harvey, the City Manager explained that the business license section of the City Code was for revenue purposes only, end could not be used to control either the use or type of business in any One of the City; end further stated that neither the City Manager's office or the Building Superintendent'~ office had received a reply from Mr o Coelho to the communication dated April 21, 1970 addressed to Mr~ Coelho regarding the violations of the City Codes. Mr~ Zi~ny stated that the party who was living in the adobe structure was an employee of Mr. Coelho and had lived there for less than a week. In answer to an inquiry from Councilman Harvey, Mr. Zitny indicated that the employee m~ved from the structure after receiving the letter dated April 21, 1970. Councilman ~arvey indicated that he appreciated the fact that Mr. Coelho had abeted some of the problem which had existed; however, felt that he should have contacted the City to be certain that he had complied with the City Codes. In response to a question from Councilmen Harvey, Mr. Zitny stated that his client had read the reports from the Health Department and has been working to bring the property up to code~ He stressed the fact that his client does want to keep his business. In answer to an inquiry from the City Attorney, Mr. Zitny stated that the dollar value of the structures on the particular parcel of property is minimal. When asked by the City Attorney if the 12' driveway access on the back portion of the property would still be able to be utilized if the property were to be used for another purpose, Mr. Zitny stated it would. -4 - City Council Minutes May 11, 1970 Dr, Wednet addressed the Council etaring that Mr. Coelho had stated at one time that he considered his operation to be a nuisance and that he was going to remove it. In response to an inquiry from Councilman Roberrs, Mr. Zitny stated that one of the structures will be removed and that the other structure is now vacant. Mr~ Lester Wilson, 9190 Whitney Way, stated that he felt that the City Council should declare the property a public nuisance. After discussion, Mayor Kanel declared the Public Hearing closed. Councilman Harvey erated that he felt it was evident by the conmunications written in regard to this matter, and the evidence which has been presented, that the use does cons=itute a public nuisancel Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Harvey that the City Attorney prepare a resolution declaring the premises a public nuisance and outlining in general the abatement to be required based on the testimony received during the Public Hearing, to be written for City Council consideration at the regular meeting of May 25, 1970. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kanel None Kenode and Lacayo RECESS: Mayor Kanel declared a recess at 9:30 p.m. The meeting was called back to order at 9:40 PRESENT: Councilmen Harvey, Roberrs and Kanel ABSENT: Councilmen Kenode and Lacayo COMMIEqICATION F~QM THE .DEPARTMEN. T OF ALCOHO~Iq .~EVERAGE CQNTROL .ADVISING OF APPLICATION FORAN OFF-SALE GENERAL LIQUOR ~ICENSE FOR LEO AND LEONE A? M. BAROLDI: The City Manager reviewed a report dated May ~' 1975 which indicated 'that the City has received a communication from the Department of Alcoholic Beverage Control advising that an application has been made for an Off-Sale General license for Leo and Leone A, M. Baroldi for a business to be located at 6672 Cerritos Avenue. The report further indicated that the Police Department has completed their investi- gation of the application and finds no cause to protest this request. It was moved by Councilman Harvey and seconded by Councilman Roberrs to receive and file ~his communication. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kanel None Kanode and Lacayo COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES TRANSMITTING MINUTES FROM THE MARCH 25, 1970 MEETING OF THE COMMITTEE ON TRANSPORTATION: The City Manager reviewed a report dated May 7, 1970 which indicated that the City has received a copy of the minutes of the League of California Cities Committee on Transportation meeting held on March 25, 1970. It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to receive and file this conm~unication. 5 City Council Minutes May 11, 1970 COMMUNICATION FROM THE CITY OF .BU. EN. 4LPA.R~. TRANS. MITTING .A .COPY QF A RESOLUTION REQUIRING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONDUCT .PUBL. IC HEARINGS FOR ANY AIR-RELATED ACTIVITIES PROPOSED AT THE LOS ALAMITOS NAVAL AIR STATION: The City Manager reviewed a comnunication dated May 5, 1970, from the City of Buena Park which transmitted a copy of the resolution of the Buena Park City Council, which requires the Orange County Board of Supervisors to conduct Public Hearings for any air-related activities proposed by the Ceunty at the Los Alamitos Naval Air Station. The report indicated that based on previous action by the City Council, the County Board of Supervisors has established a committee which includes representatives from all cities adjacent to the Naval Air Station to Jointly plan the future development of the Naval Air Station property in the event it becomes available for other than military uses. The City Co~mcil has authorized a comprehensive study to be made by Economics Pasearch Associates to determine the effect of various development plans which might be considered for the Naval Air Station property. The report further indicated that the City Council has also agreed to participate in the meeting of Western Orange County cities proposed by the City of Los Alamitos as soon as specific arrangements are made by the City of Los Alamitos. The report stated that the City Manager's office is now in the process of obtaining information regarding the validity of the recent newspaper announcements that the Navy Department intends to maintain the Naval Air Station property as a training facility, excluding the air activities. Councilman Harvey indicated that he felt it would be of importance to the community to have an opportunity to present testimony in opposing the use of the Naval Air Station property for aircraft. It was moved by Councilman Harvey and seconded by Councilman Roberrs to support the resolution from the City Council of the City of Buena Park. Councilman Roberrs indicated that he would be in favor of implementing the support of this matter by adopting a resolution similar to the one adopted by Buena Park,to which Councilman Harvey agreed. The mDtion therefore was amended as follows: It was moved by Councilman Harvey and seconded by Councilman Roberrs to adopt the following resolution by title only, title as follows: RESOLUTION NO. 1064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONDUCT PUBLIC HEARINGS FOR ANY AIR-RELATED ACTIVITIES PROPOSED BY THE COUNTY AT THE NAVAL AIR STATION, LOS ALAMITOS The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Roberrs and Kanel None Kenode and Lacayo COMMUNICAIION FROM REV. PETER Ca CASLINt PASTOR OF THE ST. IRENAEUS CHURCH REQUESTING WAIVER OF FILING FEE FOR A CONDITIONAL USE PERMIT: The City Manager reviewed a communication dated April 28, 1970, from Ray. Peter C. Caslin, Pastor of the St. Irenesue Church located at 5201 Evergreen Avenue requesting the City Council to waive the filing fee of $50~00 for a Conditional Use Permit to conduct its annual Parish Bazaar on the church grounds scheduled for June 12 through June 14, 1970. It was moved by Councilma~ l{arvey and seconded by Councilman Roberrs to grant the request for waiver of fees as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Robarts and Kanel None Kenode end Lacayo -6- City Council Minutes May 11, 1970 COb~MUNCIATION FROM F. W~ HUMPI~RIES R~.QUESTIN~_G T~.E CITY COUNCIL TO DETERMINE THE POSSIBLE INTEREST IN A. CqUIRINq TWO P.ARCELS 0F..~ROPERT. Y AD3ACENT TO THE CIVIC CENTER: The City Manager reviewed a comunication dated April 27,197'0 from Mr. F. W. Humphries requesting the City Council to determine whether or not the City would be interested in acquiring two parcels of property which are immediately adjacent to the Civic Center. The report stated that Mr. Humphries indicated that he has the exclusive right to sell the subject property as agent for the owners. The report indicated that since the City has previously entered into an agreement with the Cypress County Water District for the acquisition of land and buildings located at the northwest comer of Orange and Walker Street, it is possible that the City would be interested in extending the boundaries of the Civic Center property to Walker Street when property becomes available or at such time as the City has sufficient revenues to proceed with a land acquisition program. The communication does indicate that the subject properties could be purchased upon terms which could be accomplished through a lease-option agreement. In ans~r to an inquiry from Councilman Harvey, the City Manager indicated that an overall plan for the use of the subject property has not been developed at this time; however, additional property may be required at such time as expanded uses of the Civic Center are formulated° At the request of Mayor Kanel, the City Manager pointed out the location of the property on the aerial map. The Planning Director indicated that the Urban Townscape consultants had suggested that the Civic Center could perhaps become the center of the community. Following further discussion, Mayor Kanel indicated that due to the importance of this decision, action should be deferred until all five m~mbers of the Council are in attendance° It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to 2ontinus this item tb the May 25, 1970 m~eting of the City Council, 'and requesting that the City Manager direct a communication to Mr. Humphries informing him of this action. COMMJNICATION FROM KENNETH SAMPSON, ORANGE COUNTY FARBORer BEACHES AND PARKS, TRANS- MITTING A COPY OF A REPORT OUTLINING EFFORTS TO PROVIDE REGIONAL RECREATIONAL FACILITIES: The City Manager reviewed a communication dated April 21, 1970 from Mr. Kenneth Sampson, Director of Harbors, Beaches and Parks, Orange County, which transmitted a copy of a report outlining the Orange County efforts to provide regional recreational facilities. The City Manager indicated that in reviewing the contents of the report, it was noted that there is no reference to future plans for the acquisition of a regional park facility in Western Orange County as originally proposed in the Orange County Park and Recreation Master Plan. It was moved by Councilmm% Harvey, seconded by Councilms~ Roberts and unanimously carried to direct the City Manager to correspond with Mr. Kenneth Sampson requesting clarification as to the County's plans for regional park facilities in Western Orange County. COMqUNICATION FROM MRS. LUCY LIEBENGUTH, PRESIDENT OF ST..MARY'S HOSPITAL GUILD REQUESTING WAIVER OF ADMISSIONS TAX FOR THEIR ANNUAL "DAX .~T THE RACES" ON .JUNE 25, 1970: The City Manager reviewed a communication dated April 30, 1970, from Mrs, Lucy Liebenguth, President of the St, Mary's Hospital Guild, Inc,, Long Beach, California, requesting a waiver of the Admissions Tax for their Annual Day at the races scheduled for June 25, 1970. The report indicated that the City Code does authorize the City Council to grant waivers of this type to non-profit organizations. -7- City Council ~nutes May 11, 1970 It was moved by Councilman Roberts and seconded by Councilma~ Harvey to grant the request authorizing a waiver of Admissions Tax for St. Mary' s Hospital Guild 's annual '~)ay at the Races" on June 25, 1970. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kenode and Lacayo CONTINUATION OF CONSIDERATION OF COMMUNICATION FRDM MR. PETER GIOVANNONI REQUESTING ISSUANCE OF BUILDING PERMIT FOR AN APARTMENT DEVELOPMENT LOCATED AT 9661 GRAHAM STREET: The City Manager presented a report dated May 7, 1970, which indicated that the City Council at its adjourned regular nesting of May 5, 1970, deferred action on the request from Mr~ Peter Gtovannoni for the issuance of a building permit for a proposed apartment development on property located at 9661 Graham Street. The report further indicated that this matter was deferred to allow the Planning Commission to take action on the request for an extension of an expired variance for the apartment project, at their meeting of Thursday, May 7, 1970. The Planning Director stated that the Planning Commission, at their regular meeting of May 7, 1970, approved Mr. Giovannoni's request for an extension of his variance for a ninety day period. In response to an inquiry from Mayor Kanel, the Planning Director indicated that the Ordinance freezing the issuance of building permits, and the amendment to the Ordinance were discussed at the Planning Commission meeting; however, the Commission felt that the only item relative to this issue that they were to consider was the variance! Mr, Peter Giovannoni, 1784 W. Alomar Avenue, Anaheim, California addressed the Council stating that the reason nothing had been done since he had been granted a conditional use permit in 1968, was due to problem with financing. He explained that he now has a loan, and that everything has been con~leted, Mr. Giovannoni indicated that if the building permit was not issued at this time, he would lose all funds that have been expended thus far. In response to an inquiry from Councilman Harvey, the Building Superintendent advised that Mr!~ Giovannoni's plans were the only ones that have completed plan check, and there are no others that are ready for construction. Councilmen Harvey indicated that while Mr. Giovannoni's situation doesn't appear to be nearly as complex as the request from the J. W. Klug Development Company, which was approved by the City Council at their meeting of May 5, 1970, there is Justification for the particular request~ In response to an inquiry from Councilman Roberrs, the Planning Director stated that the only architectural control on the subject development is that it must comply with the variance and must be in accordance with our City Code. It was the general opinion of the Council that they would like to review the plans for the development. It was moved by Couecilman Harvey, seconded by Councilman Roberrs and unanimously carried to proceed to Item No. 11 on the agenda at this time, and to continue this item after Item No. 11, at which time the Council would have the plans. CONSIDERATION OF APPROVAL OF FINAL TRACT MAP FOR TRACT NO. 6839: The Public Works Director presented a report dated May 6, 1970, which indicated that the final map for Tract 6839, submitted by the Larwin Company, 9100 Wilshire Blvd., Beverly Hills, California, is in the process of final check and conforms substantially with the -8- City Council Minutes May 11, 1970 tentative map previously approved. At the request of Councilman Narvey, the Public Works Director pointed to the subject location on the map, Following discussion concerning the drainage facility, it was moved by Councilman Harvey and seconded by Councilman Roberrs to approve final tract map 6839, to accept the bonds and agreements for public improvements in the amount of $52,400.00, which is not less than 50% nor more than 100% of the total improvements, and to authorize the Mayor and the City Clerk to sign the agreements and to authorize the City Clerk to sign the record map upon completion of the following conditions: 1. Approval of bonds and agreements by the City Attorney. 2. Completion of corrections required on tract map. Completion of street improvement plans including approved Orange Avenue landscaping plane. 4, Agreement to the above conditions by the Developer. The metion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kenel None Kenode and Lacayo In response to an inquiry from Do Anderson of the Larwin Company, the City Attorney advised that the acceptance of the above conditions should be submitted in writing to the City, RECESS: Mayor Kanel declared a recess at 10:25 p.m. The meeting was called back to order at 10:33 p.m. PRESENT: Councilmen Harvey, Roberrs and Kanel ABSENT: Councilmen Kenode and Lacayo CONTINUAT~Q~ OF CONSIDERATION O~.COM~..NICATION .FRO~,MR, PETER GIOVANNONI REQUESTING ISSUANCE OF BUILDING PERMITS FORAN APARTMENT DEVELOF.MENT LQCAT~D AT 966~ GRAHAM STREET (Continu~.d): Mayor Kanel expressed concern regarding the consideration of this item until the study on multiple-unit housing has been completed, and suggested the item be continued to a future meeting of the City Council. The City Manager indicated that the City should be receiving the results of the study sometime during the week. The Planning Director stated that since he is a member of the architectural Review Committee for the City, he would recommend that should the approval for the permits be granted, the roof line should be continuous around the structure. It was moved by Councilman Roberrs and seconded by Councilman Harvey to continue this item until the City Council meeting of May 25, 1970. Councilman Roberts explained that he would prefer to continue this matter as he felt that other members of the City Council may wish to express their feelings. Discussion ensued, and Mayor Kanel explained the reasons for the Urgency Ordinance to Mr. Giovannoni. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 1 COUNCILMEN: 2 COUNCILMEN: Roberrs and Kanel Harvey Kenode and Lacayo -9 - City Council Minutes May 11, 1970 Councilman Harvey suggested that Mr. Giovannoni bring additional documentation of his hardship in this matter, to be presented to the City Co~mcil at its meeting of May 25, 1970. CONSIDERATION OF CONDE}~qATION AND ACQUISITION OF COMMERCIAL PROPERTY LOCATED ON HOLDER STREET, ORANGE TO BA~.L ROAD, PROJECT NO.?Q02-10-0499: The Public Works Director presented a report dated May 7, 1970, which stated that the 1969/70 construction budget includes funds for the acquisition of street right of way on the west side of Holder -- Street from Ball Road to Orange Avenue. The report continued, that during the past several months, the Engineering Division had been negotiating with the property owner~ for the right of way for twelve individual parcels required, and agreements have been negotiated end deeds obtained for the right of way from ten of the property owners and a promise of dedication from one of the remaining property owners. The report indicated that in reply to a formal request for dedication, the Shell Oil Company, with property located at the northwest comer of Holder and Ball Road, regretted that they were not able uo cooperate and refused to dedicate. The station is not in operation at this time. The report further indicated that the purpose of the right of way acquisition is to allow the street to be widened along the west side, and that this should be the only parcel necessary to acquire by condemnation. It was moved by Councilm~m Harvey and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN REAL PROPERTY IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA AND DECLARING THE PUBLIC NECESSITY THEREFOR. Discussion was held relative to the increased traffic problem which the widening of Holder Street could create. The motion was unenimouely carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kanel None Kenode end Lacayo CONSIDERATION OF RESOLUTION URGING EARLY CONSIDERATION OF PROPOSED FEDERAL REVENUE EFt&RING STATUTE: The City Manager reviewed a report dated May 7, 1970, which indicated that the City Council at its regular meeting of April 27, 1970, requested the City Clerk to prepare a resolution similar to the one adopted by the City of Costa Mesa supporting the early consideration of Federal Revenue Sharing Legislation. The report stated that the proposed Resolution omits reference to any specific legislation, end basically urges Congress to give early consideration to Federal Revenue Sharing Statutes which will return additional revenues to local government, Councilman Harvey indicated that he did not feel that he had adequate information concerning this particular legislation; whereas, Mayor Kenel indicated that legislation of this nature could be beneficial to cities in that they would be receiving additional funds. Councilman Roberts stated that he felt the intent of the Resolution was not to encourage or support action on this matter, but rather, to urge that it receive a top priority hearing before the House Ways end Means Co~mittee and the Senate Finance Co~ittee. It was moved by Councilman Roberrs end seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, URGING THE PROMET CONSIDERATION OF PROPOSED FEDERAL REVENUE SHARING STATUTE. - 10 - City Council Minutes May 11, 1970 The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Roberrs and Fanel None Kenode and Lacayo Harvey CgNSIDERATION.OFADDITIONAL APPROPRIATION--TEEN CENTER SUPPLIES: The City Mauager presented a report dated May 7, 1970, which indicated that as was previously approved by the City Council in the Joint Powers Agreement with the Cypress Park and Recreation District, the City will be responsible for the maintenance of the interior of the teen center facility. The report further indicated that the custodial services for this facility will require an expenditure of funds both for J anitorial supplies and equipment which should be approved during the current fiscal year since the official opening of the teen center has been scheduled for the early part of June. The report indicated that there are sufficient funds for the required J enitorial supplies in the current budgetary appropriation; however, an additional appropriation of $500 will be required to purchase the J enitorial equipment, including a floor pollsher and vacuum cleaner. It was moved by Councilman Harvey and seconded by Councilman Roberts to authorize the transfer of $500.00 from the Reserve for Capital Improvements to the Government Buildings Account No. 480-42. The metion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kanel None Kenode and Lacayo CONSIDERATION OF.REqUEST TO LEASEAN AUTOM3BILE: The City Manager presented a report H~ted May 7, 1970, which indicated that the 1969-70 budget provides for the purchase of a new car for the Office of the City Manager. The report further indicated that in order to avoid the cash outlay for a vehicle plus all other maintenance costs incurred during a budget year, the possibility of leasing an automobile was investigated. The report outlined various items which would be included in the leasing, and stated that such a lease for 24 months with no personal use restriction would cost approximately $t58 per month. Discussion ensued, and in response to an inquiry from Councilmen Harvey, the City Manager explained that under the lease, replacement of the vehicle would take place every two years. In response to an inquiry from Mayor Kanel, the Finance Director indicated that the bids would be submitted within 10 days, should the City Council grant the request. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Roberrs to authorize the City Manager to lease an automobile by bid method. The metion was unanimously carried by the following roll call vote: AYE S: NOES: ABSENT: 3 COUNCILM~N: Harvey, Roberrs and Kenel 0 COUNCILMEN: None 2 COUNCILMEN: Kenode and Lacayo It was moved by Councilman Harvey end seconded by Councilmea Roberrs to authorize the transfer of $400.00 from the Automotive Equipment Account to the Rental of Property and Equipment Account in the Administrative Budget to cover the necessary costs to July 1, 1970. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberrs and Kenel None Kenode and Lacayo - 11 - City Council Minutes May 11, 1970 CONSIDERATION OF REQUEST FOR AUTHORIZATION TO EMPLOY PART-TIME MaINTENANCE AIDES: The City Manager reviewed a report dated May 7, 1970, Wh¥ch ~adicated that for the past two years, the City Council has approved a program of employing students during the summer months to assist in the Public Works Maintenance Division, which has been highly successful in assisting the Maintenance Division in completing projects on parkways, storm drains, Civic Center landscaping and street repairs which otherwise would require additional full-tim maintenance personnel. The report further indicated that in order to continue this program, the Public Works Department has provided for the employment of ten part-time maintenance aides in the 1970-71 budget. It was moved by Councilman Harvey and seconded by Councilman Robarts to authorize the City Manager to recruit for ten maintenance aide positions, to be employed for twelve weeks during the summer months to assist in the Public Works Maintenance Division as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kanode and Lacayo CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 23984 THROUGH 24088: It was moved by Councilman Roberrs and seconded by Councilm~m Harvey to approve the Comnercial Warrant List for Warrants 23984 through 24088 in the total amount of $60,629.00. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kanode and Lacayo SECOND READING ORDINANCE AMENDING ORDINANCE NO. 90~ THE. ZONING.OR. DINANCE~ KNOW~. AS ZONE CHANGE NOo Z-186: It was moved by Councilman Harvey and seconded by Councilman Roberts to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Roberts and Kanel None Kanode and Lacayo 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 FROM 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 Councilman Roberrs to approve the second reading of this Ordinance. The metion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 1 COUNCILMEN: 2 COUNCILMEN: Harvey and Roberts Kanel Kanode and Lacayo It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to continue the consideration of this matter to the regular meeting of the City Council scheduled for May 25, 1970. MINUTE S: It was moved by Councilman Harvey, seconded by Councilman Roberts and unanimously carried to defer consideration of the April 13, 1970, April 21, 1970, and the - 12 - City Council Minutes May 11, 1970 April 24, 1970 Minutes until the next regular n~eting of the City Council. In response to an inquiry from Councilman Roberrs, the City Manager indicated that trees had not been planted in the parkway which is owned by the St. Ireneaus Church, as the Church has been considering selling the subject property. Following discussion, it was the general opinion of the Council that the City Manager direct a conmunication to the Pastor of the Church regarding this matter, The City Manager then reviewed the status of several parcels of property in regard to weed abatement, ORAL COMMUNICATIONS: There were no oral conmunications presented at this time. ADJOURNMENT: It was mcved by Councilman Roberts, seconded by Councilman Harvey and unanimously carried to adjourn at 11:41 p.mo, to 7:30 p.m. on May 19, 1970, for the purpose of discussing the Teen Center Program. MAYOR O~ THE CITY OF CYPRESS' ATTEST: CIT~ CL~ZR~O'F/~HE CITY OF CYPRESS - 13 -