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Minutes 70-05-25MINUTES OF A REGULAR MEETING OF T~E CYPRESS CITY COUNCIL HELD May 25 , 1970 The regular meeting of the Cypress City Council was called to order at 4:00 p.m., on Monday, May 25, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kayode, Lacayo, Roberrs and Kanel ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erick~on, and the following members of the City Staff: Dunlap, Poertner, Schatzeder, Putnam, Grtssom, and Nudson. MINFrES: In response to an inquiry from Mayor Kanel, the City Manager stated that the newly elected Councilmen should not take part in the consideration of the Minutes of those meetings which were held prior to their installation, It was moved by Councilman Kenode, and seconded by Cotmcilmm Harvey to approve the Minutes of April 13, 1970 and April 21, 1970 as mailed. The motion was unanimously carried with two abstaining votes, from Councilman Lacayo and Councilman Roberrs. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to approve the Minutes of April 24, 1970, April 27, 1970, and May 7. 1970, as mailed. It was moved by Councilman Harvey and seconded by Councilman Roberrs to approve the Minutes of May 11, 1970 as mailed. The motion was unanimously carried with two abstaining votes, from Councilman Kenode and Councilman Lacayo, as they were not present at that meeting. S~4-FI~-,REPORTS ~ND .~SqU~oNS: It was moved by Councilman Fanode, seconded by Councilman Harvey and unanimously carried to place the consideration of a Resolution of Commendation in honor of Dr~ Daniel Walker, retiring President of the Cypress College on the agenda at this time. It was moved by Councilman Kenode, and seconded by Councilman Roberts to adopt the following Resolution by title only , title as follows: RESOLUTION NO. 1068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMM~RqDING DR, DAN WALKER, PRESIDENT OF CYPRESS COLLEGE FOR OUTSTANDING COMMUNITY SERVICE ~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Councilman Harvey indicated that he felt that it would be appropriate for the City Council to adopt a Resolution of Commendation in honor of Miss Elizabeth Dickerson, retiring principal of the Juliet Morris Elementary School to be presented City Council Minutes May 25, 1970 to Miss Dickerson on 3une 7, 1970, and to proclaim June 7, 1970 as Miss Elizabeth Dickerson Day. It was moved by Councilman Harvey, seconded by Councilma~ Kayode and unanimously carried to place the consideration of these items on the agenda at this time. It was moved by Councilman Harvey and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MISS ELIZABETH DICKERSON FOR OUTSTANDING COMMUNITY SERVICE. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried that the Mayor proclaim June 7, 1970, as Miss Elizabeth Dickerson Day in the City of Cypress. The City Manager indicated that due to a fire in former Councilman Frank Noe's building, most of his aknowledgments from the City had been destroyed; and, therefore suggested that the City Council might wish to consider replacing Mr. Noe's plaque and gavel, which was presented to him in honor of his term as Mayor of the City of Cypress. It was moved by Councilma~ Lacayo, seconded by Co%mcilman Harvey and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to replace Mr. Noe's plaque and gavel, and to present these items to Mr, Noe at a dinner in his honor scheduled for June 1, 1970. The Chairman of the Planning Commission, Robert Cardoze, called the adjourned session of the Planning Commission, which had been invited by the City Council to listen to the presentation of the Study of Facilities Requirements of the Corporation Yard by the SUA Consultants, to order at 4:20 p.m. PRESENT: Commissioners Ricker, SonJu, Warren, Evans and Cardoza ABSENT: None At this time, the City Manager introduced Mr. Richard Worth, Consultant with SUA, which conducted the study of facilities requirements on the Corporation Yard in the City of Cypress. Mr. Worth reviewed in detail, the report submitted by SUA, and outlined the methods employed in conducting the study, the findings, and the recommendations. During this presentation, a general question and answer period was helds enabling the Councilmen and the Planning Commission meters to clarify specific areas. Areas of discussion included the organization and personnel projections, and the various alternatives which are contained in the report~ In response to an inquiry from Councilman Roberrs, the City Manager advised that the report was a completed study pursuant to the contract with the Consultants. He further stated that the next phase of this particular project would be to employ an architect who would recommend the type and esti~ted costs for the construction of the facility. -2- City Council Minutes May 25, 1970 Discussion was held relative to the architectural design of the proposed buildings. Following discussion, it was moved by Councilman Lacayo and seconded by Councilman Ksnode to receive and file this study, and to refer the study to the Planning Commission for the proper hearings° The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: RE_qESS: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Mayor Kanel declared a recess at 5:10 p.m. The meeting was called back to order at 5:17 p~m~ with all Councilmen in attendance. Chairman Cardoze adjourned the meeting of the Planning Commission at 5:19 p.m., to the next regular meeting scheduled for June 4, 1970. Councilman Roberrs stated that he has received several communications with regard to the street sweeping in the City, and requested that the City Manager prepare an analysis of the advantages of the City owning their own street sweeping equipment ~ather than contracting for this service. Councilman Roberrs further indicated that he would like to have included in the analysis, a report concerning the possibiliuies of increasing the frequency of the present street sweeping service. Discussion ensued relative to what is being done in other cities regarding this matter~ It was moved by Councilman Roberrs, seconded by Councilmm~ Lacayo and unanimously carried to place this matter on the agenda for consideration at this time. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried that the Staff prepare a study regarding street sweeping services, and to report the findings to the Council within the next three weeks. RECESS: It was moved by Councilma~ Lacayo, seconded by Councilman Kenode and unanimously carried to recess at 5:30 p~m., until 7:30 p.m. that evening. CALL TO ORDER The meeting was called back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs and Kanel ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E~ E~ickson, and the following members of the City Staff: Dunlap, Poertner, Putnam, Schatzeder, Nudeon, Grissom, Savord. PLEDGE OF At the request of Mayor Kanel, Councilman Roberrs led the City Council and audience in the Pledge of Allegiance. ~RESENTATION OF _BF~UTIFICATION AWARDS--CY~R.E. SS WOMAN'S CLUB: Mayor Kanel ~3- May 25, 1970 City Com%cil Minutes introduced Mrs. Frances Leneker, President of the Cypress Woman's Club, Mrs. Nun Steinberg, Conservation Chairman, und Mr. Richard Morris, President of the Cypress Chamber of Commerce. Mrs. Leneker, Mrs. Steinberg, and Mr. Morris expressed their appreciation to all those who had worked with the Beautification Program, sponsored by the Cypress WommI'e Club. Mayor Kanel then presented Youth Citations und Beautification Certificates to the various groups which partici- pated in the Program. Also recognized was the News Enterprise, for outstanding coverage, and individuals for their outstanding contributions, Mayor Kunel then acknowledged the Cypress Police Explorers Post for winning the Grand Award trophy at the Scout-o-rams, which was held at the Anaheim Convention Center, CONSID~R~%Q~ .Q~_I~_SQL~TION .0F COMMENDATION FOR.~0RM~._R COUNCILMAN RICHARD BOWEN: Mayor Kanel read in full the Resolution of Con~nendation honoring former Cou~cilmun Richard Bowen, und then presented the Resolution to Mr, Boweno It was moved by Councilma~ Kanode and seconded by Co~mcilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1070 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF CYPRESS COMMENDING RICHARD L. BOWEN FOR HIS OUTSTANDING COM~FNITY SERVICE TO THE CITY OF CYPRESS~ The motion was ununimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kunel None None M~o Bowen expressed his desire to continue to serve the City of Cypress in whatever capacity he could. CONSIDE.RAT~qN OF RESOLUTION OF ~9MMENDATION FOR ~O~.M~.R .~OUN~L.MAN FRANK NOE: It was moved by Co~mciiman Kanode and ~'~'~o~ed by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDINCMR~ FRANK P. NOE FOR HIS SERVICE AND LEADER- SHIP IN THE COMMUNITY. The motion was ununimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kancde, Lacayo, Roberrs and Kanel None None Mayor Kunel unnounced that this ~solution will be presented to Mr, Noe at a dinner in his honor on June 1, 1970. 0.RJ~.~COMEN~CA~ONS: Mr, Richard Bowen, 5435 Vista Sierra, Cypress, addressed the Council requesting information as to the conditions placed on the approval of a 496 unit apartment building by the Planning Commission at its last regular meeting. The Plunning Director explained that the official notification had not yet been mailed; -4- Cit~ Council Minu~es May 25, 1970 therefore, the list of conditions are not available at this time. In response to an inquiry from Councilman Harvey, the City Attorney explained the procedure for appeal, 'regarding this matter, which must be initiated within fifteen days. Mrs° Colins Provost, 5363 Vista Hermosa, Cypress and Mrs. Nancy Crowdot, 4024 Solkirk Court, Cypress, addressed the Council stating that they were forming a C)~press Tot Lot group, and would like very much to have an indoor facility at the Texaco Park by next September. They further indicated that they would appreciate assistance with legal matters from the City Attorney. The City Manager indicated that this matter had been brought to his attention, and tha~ ir would be discussed during the budget considerations. He further indicated that the Park and Recreation Director has a proposal for a facility of this nature, Mr~ Charles Bryant, Park and Recreation DiRector, stated that he has checked into the possibility of a modular unit for this purpose, and tha~ it will require a s'upplemental request in the budget for next year. In response to an inquiry from Councilman Harvey, Mr. Bryant indicated that perhaps the building could be ordered in August° Mayor Kanek suggested that Mrs. Provost and Mrs. Crowder work with the City Staff and zhe City A~torney on this matter, PUBLIC REARING RE~. CONS~DERA.'~ON O.~. PROT~.~TS ..~.q THE ANNEXATION OF INHABITED PROPERTY GENERALLY LOCATED NOR. T.H OF ~INC.0~N A.VE~U~..AND WEST .OF MOODY STREET, KNOWN AS'A~N~'XAT'i6~'NO~ 69-6: The Mayor announced this was the time and place for the Public Hearing to consider protests to the annexation of inhabited property generally located north of Lincoln Avenue and west of Moody Street, known as Annexation No~ 69-6. 'llle Mayor declared the Public Rearing open and requested the Staff to present its repo~t~ The City Manager reviewed a report dated May 21, 1970, which stated that the aflidav'its of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk. The report indicated that Annexation 69-6 consists of 52 acres of property located between Moody Street and Sumner Place, bordered on the north by Morton Avenue and on the south by Camp Street, and has a population of 520 residents, and a total assessed valuation of $575,000. The report further indicated that the City Council must determAne if a written protest of one-half of the value of the land in the area, exclusive of improvements~ has been made, which would amount to $284,530~ The report advised that a petition of protest has been received which would represent a majority of the assessed value of the land in the Annexation area~ The City Manager advised the Council that the petition is required by the Ci[y Code, to be accompanied by an affidavit that must meet certain requirements; and ~urther advised that the affidavit was not submitted with the subject petition, Mayor Kanel asked if anyone in the audience wished to speak in favor of the proposed annexation. Mrs. Virginia Evans, 4802 Alaska Avenue, addressed the Council stating that she was very much in favor of the proposed annexation, as there was a very definite need for the police protection which the City would then provide. -5 - City Council Minutes May 25, 1970 ~n response Uo an inquiry from Councilman Lacayc, Mrs. Evans stated that she did not feel the present police protection was adequate, and than described an incident which had occurred, showing the need for police service nearby. There being no further cor~nents from the audience in favor o f the annexation, Mayor Kanel asked for comments protesting the annexation. Mro William R~ Keller, 4792 Marten Avenue, addressed the Council stating that he had found the Sheriff's protection to be adequate, and further stated that Mr. Joseph Sheets, who originated the petition, was in the audience and would verify the affidavit this evening, if desired. In response to an inquiry from Councilman Harvey, Mr. Keller indicated that he had heard the arguments favoring the proposed annexation, though he had not heard a presentation from a =ember of the City Staff. Mr~ Joseph Sheets, 4802 Merten Avenue, addressed the Council stating that he felt that informa~ional gatherings sponsored by the City should have been zonsidered sooner. Discussion ensued relative to the information which had been provided by the City with regard to the advantages of the annexation. The City Manager indicated that he had personally artended at least two meetings in the subject area. In r~sponse to an inquiry from CoLmcilman Roberrs, the City Manager indicated that the annexation was requested by twc praperty owners, and that the area on the north side of Lincoln Avenue submitted a petition requesting annexation. At the request of Maycr Kanel, Mr~ Sheets presented the Council with a map which represented those in favor and those opposed to the annexation for review. Mr~ Ralph Thomas, 4852 Lincoln Avenue, stated that he had lived in the area since 1945, and was opposed to the annexation, and further that he did not believe ~hat ~he City contacted many individuals in regard to the annexation. Fe ~ur~her questioned the boundaries of the annexation. Mr. Refund HahnIron, 4861 Camp Street, stated that he was opposed to becoming a part cf the City° Mx~ Richard Koolhaas, 9111 Moody Street, stated that he was opposed to the annex- ation~ Mrs~ Mary Co~reia, 4906 Bishop Street, addressed the Council stating that she had owned a dairy thirteen years ago on Denni Street between Lincoln Avenue and Orange Avenue, and at that time, was led to believe that the taxes would be lowered and the area would remain a dairy area upon annexation to the City. Mrs~ Cozreia indicated that this did not happen; and, therefore is opposed ~o ~he annexation ~ Mr~ and Mzs~ John Portillo, 9041, 9051, and 9051½ Moody Street, stated that they were opposed to the proposed annexation, and listed instances in which the Sherl~f's Department was called and very adequate service was received. Discussion ensued regarding the service provided by the Cypress Police Depart- ment, and Councilman Lacayo suggested that any complaints should be directed to the Director of the particular department, as the administrators are very interested in helping the citizens~ Councilman Roberrs indicated that am advantage of belonging to the City would be that the people would have local government, and that they would be able to voice =heir feelings to the Councilmen ~ -6 - City Council Minutes May 25, 1970 Mr. Daniel Bebereia, 4832 Lincoln Avenue, stated that he was opposed to the annexation o Mr. Ted Workman, 4963 Camp Street, stated that he was opposed to the annexation, and felt that the City wanted to acquire the land in order to use it for public housing° Discussion ensued relative to the Housing Element of the General Plan, and at the requesu of Mayor Kanel, Mr~ Larry Wise, of Hahn, Wise and Associates, reviewed certain aspects of the General Plan. He indicated that the public housing program was not discussed, and that what was referred to was the Federal aided housing and assistance which is available. Mr~ A1 Willjams, 8542 La Sells Avenue, addressed the Council expressing opposition to the annexation° In response to an inquiry from Mr~ Willlame, the City Manager explained the process whereby the area would be zoned~ Discussion ensued concerning z~ning, inzluding zoning for multiple-unit development. Mayor Kanel invited Mr~ Willlame to listen to the results of the study on apartment zoning, scheduled for this evening. Mr~ Howard Bridges, 4962 Lincoln Avenue, stated that he was opposed to the a~nexation. At this t~me, Mayor Kenel asked if there were any other con~nents from the audience in favor of the annexation ° Mrs~ Jean Smith, 8972 Belmont Avenue, stated that she was very much in favor of the annexation because of the additional services which would be available. RECESS: Mayer Kanel declared a recess at 9:45 p.m. The meeting was called back to crder at 9:55 p.m., with all Councilmen present. The City Attorney advised that the Public Hearing should not be closed on this matter, as the affidavits of circulation of the petitions are required, He further stated that he had advised the originator of the petition that he will prepare the necessary forms upon receipt of the required information. It was moved by Councilman Roberts and seconded by Councilman Kenode to continue this Public Hearing to the next regular meeting of the City Council in order to allow the circulator of the petition to complete the affidavits. The motion was unanimously carried by the following roll call vote: A~ES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None PUBLIC HEARING lIE: CQ~SIDERAT~O.N OF AN APPLICATION FOR A SPECIAL PERMIT TO ALLOW DOOR-TO-DOOR SOLICITATION OF CONT~AdTS FOR ROOM ADDITIONS OR REMODELING IN THE CITY OF CYPRESS~MR. W. P, HAUNCHER~ PARAGO~"BUILDERS 'C6M~NY: The Mayor announced this was the time and place for the consideration of an application for a Special Permit to allow door-to-door solicitation of contracts for room additions or remodeling in the City of Cypress, as requested by Mr. W. P. Haunther on behalf of Paragon Builders Company, 8822 Brookburst Street, Anaheim, California° -7 - City Council Minutes May 25, 1970 The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated May 21, 1970, which stated that the affidavits of publication and posting of the Public Hearing notices on this matter are on file in the office of the City Clerk, and that no written con~nunications either in favor of or in opposition to this permit have been received. The report indicated that the Police Department has completed its investigation of the applicant and has found no cause to protest the application. At the request cf Mayor Kanel, the applicant, Mr. W. P. Heuncher, addressed the Council. In response to an inquiry from Councilman Lacayo, the applicant stated that the Paragon Builders Company has been in business for approximately five years, and that it is a large organization ~ In xesponse to an inquiry from Councilman Harvey, Mr. Haancher stated that the hours in which the door-to-door solicitation would be conducted would be between 10:00 a.m. and 4:00 p.m., and would be on a five day week basis. He indicated that he would be conducting the solicitation himself; however, he might wish to have assistance. The City Attorney advised that in order to have assistance, he would have to apply for a supplemental permit. In answer to an inquiry from Councilman Kenode, the applicant stated that the financing for his business was handled by California Federal Savings. In answer to a question from Councilman Roberrs, the applicant indicated that should it be necessary to meet with a customer in the evening, it would be done on an appointment basis only, and further indicated that all appointments would be verified° In response to an inquiry from Councilman Harvey, the Building Superintendent indica~ed that there has been one problem with homeowners contracting for room additions, in that occasionally the project is not completed as it was presented~ In response to an inquiry from Councilman Kenode, the City Attorney indicated that it would be possible to attach a condition on the sales permit, thereby making certain that electrical, plumbing, and other items were completed with the completion of the room addition. Mr~ Hauncher stated that the Contractor's Board in Sacramento should be contacted if there were to be problems of the nature described. In answer to another inquiry from Councilman Harvey, the Building Superintendent indicated that the existing code regarding this matter had been reviewed one year ago, and that a provision had been added for adequate lighting and ventilation requirements~ He further indicated that the zoning ordinance is adequate, and the Building Code does cover all aspects of room addition construction. There being no written or oral communications either in favor or against the application, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to close the Public Hearing. It was moved by Councilma~ Kenode and seconded by Councilman Harvey to grant the request for a Special Permit with the condition that the hours of solicitation be limited from 10:00 a.m~ until 4:00 p.m., Monday through Friday. The motion - 8 - City Council Minutes May 25, 1970 was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs end Kenel None None It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to proceed to item no. 20 on the agenda at this time. CONSIDERATION OF ,R~.PQ.R~..q~ APARTMENT DEVE. LQPMENT: The City Manager presented a report dated May 21, 1970, which indicated that Mr. Larry Wise, Planning Consultant, will present his report on apartment development this evening. The City Manager then introduced Mr. Larry Wise, who reviewed in detail the study which he conducted regarding the multiple family housing in the City of Cypress. Mro Wise stressed the need for apartments, and stated that the purpose of his report is to point out that apartments can be well designed and an asset to the tomunity. Mr. Wise listed areas in which he agreed with the recomuendations submitted by former Councilmen Bowen in his report dated April 21, 1970, and then presented his findings and his reco~maendations. Discussion ensued relative to the need for apartments and suitable areas for their development. Mr. Richard Bowen, 5435 Vista Sierra, Cypress, addressed the Council stating that he would agree with the findings in the report submitted by Mr. Wise, with a few exceptions, including the square footage of R-3 end R-4 developments. Mr~ Bob Hopkins , 4192 Avenida Madrid, Cypress, addressed the Council requesting that a copy of the report submitted by Mr. Wise be made available to the citizens of Cypreesl In response to an inquiry from Mr. Hopkins, Mayor Kanel explained the reasons for the amendment to the Urgency Ordinance. Discussion followed relative to the freezing of multiple-onit developments, whereby Councilman Kenode stated that he would strongly encourage the City Council to lift the Ordinance freezing multiple-unit development as soon as possible. Mr~ George Oliver, 2936 La Cast~aa Drive, Los Angeles, addressed the Council stating that he owns a lot on Walker Street, end that he also desired to obtain a copy of the apartment study. He indicated that he agreed with the study in that mare and more of the area in the tomunity will be developed for apartments. Councilman Roberrs stated that he felt that it was very important that the apartment issue be resolved as soon as possible. RECESS: Mayor Kenel declared a recess at 12:12 p.m. The meeting was called back to order at 12:23 p.m. with all Councilmen present. Mr. Royce Coln, 800 North Main Street, Santa Ana, addressed the Council stating that care should be exercised by the Council to assure that any special interest group does not provoke any unwarranted actions. Mr. Coln indicated that the freeze should be lifted immediately and that the City should then proceed under the existing Ordinance while public hearings are being conducted on the recomend- ations contained in the study. In response to an inquiry from Mr. Raymond Bell, 9110 Whitney Way, Cypress, the City Manager advised that should the freeze on apartment development be lifted and an interim Ordinance adopted, all multiple-unit approval could be subject to approval by the Planning Commission and City Council. In response to an inquiry from Mayor Kanel, the Planning Director stated that -9 - City Council Minutes May 25, 1970 the apartment development which was approved by the Planning Commission at its last regular meeting of May 21, 1970, exceeded in every extent the requirements contained in the apartment study. In answer to a question from Councilmen Lacayo, the Planning Director indicated that as many as ten or twelve multiple-unit developments are in various planning stages. Following discussion, it was moved by Councilman Roberts and seconded by Councilman Lacayo to direct the study on apartment development to the Planning Commission in order to initiate public hearings on this matter, with the findings submitted to the City Council as quickly as possible. Considerable discussion ensued, and in response to an inquiry from Councilman Kenode, the City Attorney outlined the procedure whereby the Urgency Ordinance could be rescinded and an Ordinance requiring a Conditional Use Permit on all multiple family developments be adopted. Discussion was held relative to the "D" District Overlay, contained in the study, end in response to an inquiry from Councilman Harvey, Mr. Wise stated that the "D" District might not be applied to all zones in the City, and that it will have to be subject to study by the staff. RECESS: Mayor Kenel declared a recess at 1:10 a.m. The meeting was called back to order at 1:17 a.m. with all Councilmen present. The City Attorney advised the Council that there were two courses of action that they could take in regard to this matter. The first course of action would be for the Council to initiate an amendment to the Zoning Ordinance to add the planned multiple zone as recommended by Mr. Wise, which could be adopted after the Planning Commission has held the public hearings; the second would be to refer the matter to the Planning Commission for informal hearings and to report the findings to the Council, at which time the Council would decide to initiate a change of zone which would then be referred back to the Planning Commission, and then back to the City Council for adoption. Councilman Roberts indicated that he felt that his motion would expedite the issue. 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 It was moved by Councilman Kanode and seconded by Councilman Ha~ey to read the following Ordinance by title only. 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 Title of the Ordinance is as follows: ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CYPRESS RESCINDING 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. - 10 - ~Ci~y~Council Minutes May 25, 1970 It was m~ved by Councilman Kanode and seconded by Councilman Harvey to adopt the above Ordinance. In response to an inquiry from Mayo r Kanel, Councilman Kanode explained that if the adoption of this Ordinance is successful, then the next step would be to adopt the plan submitted by Mr. Wise, with a "D" Overlay District. Councilman Kanode urged the Council to vote in favor of adopting the Ordinance as he felt that the apartment study was conducted by a reputable authority, and that the recommendations included in the study were made after careful consideration. Councilman Harvey indicated that the original purpose of the Urgency Ordinance was to allow time in which to study the criteria, and that the study which has been submitted is very comprehensive and provides adequate safeguards. Councilman Harvey stated that the City must provide standards for developers at the present time in order to have orderly development within the community. Councilman Lacayo indicated that he was opposed to lifting the Urgency Ordinance until such time as the study has been reviewed by the citizens of Cypress. Mayor Kanel indicated that he would be opposed to lifting the Urgency Ordinance at this time, as he felt that the hour of 1:45 a.m. was not the proper time to make this decision. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey and Kanode Lacayo, Roberts and Kanel None It was moved by Councilman Kanode and seconded by Councilman Harvey to adjourn the meeting at 1:45 a.m., to Thursday, May 28, 1970, and to continue the remainder of the items on the agenda to that date. The motion failed to carry by the following ' roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey and Kanode Lacayo, Roberts and Kanel None It was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to proceed to item no. 25 on the agenda at this time. CONSIDERATION OF APPROVAL OF COi~MERCIAL WARRANT LIST FOR WARRANTS NO. 24089 THROUGH 24191: It was moved by Councilman Kanode and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants No. 24089 through 24191 in the total amount of $110,273.34. 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 ADJOURNMENT: It was moved by Councilman Kanode and seconded by Councilman Harvey to adJourn at 2:02 a.m., to Wednesday, May 27, 1970 at 7:30 p.m. and to continue the remainder of the items on the agenda to that date. The motion was unanimously carried by the following roll call vote: - 11 - City Council Minutes May 25, 1970 AYES: NOES: ABSENT: ATTEST: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs ~ad Ka~el None None MAYOR ~ T~E CITY b~ CYPRESS CITY RK '0[THF'dIT~OF CYPRESS - 12 -