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Minutes 70-06-22 (4:05 p.m.)CYPRESS CITY COUNCIL HELD Ju~e 22, 1970 The regular meeting of the Cypress City Council was called to order at 4:05 p.m., on Monday, June 22, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, with Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kanode, Lacayo, Roberts and Ka~el AB SENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Poertner, Putnam, Grissomand Nudson~ MINUTE S: At the request of the City Attorney, it was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to approve the Minutes of May 27, 1970, June 8, 1970, June 12, 1970, June 13, 1970 and June 14, 1970 as mailed, EMZCUTIVE SESSION: It was moved by Councilman Robarts, seconded by Councilmm~ Lacayo and unanimously carried to go into an Executive Session at 4:11 p.m., for the purpose of discussing a personnel matter. The meeting was called beck to order at 5:40 p.m., with all Councilmen present. RECESS: It was moved by Councilm~m Kenode, seconded by Councilman Harvey and unanimously carried to recess at 5:41 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: Councilnm~ Harvey, Kenode, Lacayo, Roberrs and Kanel ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Erickson, and the following members of the City Staff: Dunlap, Poertner, Putnam, Schatzeder, Nudson, Griesom, Savord. PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop 1656 led the City Council and audience in the Pledge of Allegiance° PRESENTATION OF COMMUNITY SERVICE PLAQUE TO MISS MELISSA DaNOYERa "MISS CYPRESS oF 1969": since Miss Melissa "DeNoyer, '~4iss Cypress of 1969,'~'~as ~o~ in the' audience, it was decided to proceed to Item No. 2 on the agenda at this time. PRESENTATION OF "POLICEMAN OF THE YEAR" AWARDS: Mayor Kanel presented Community Service Plaques to each of the following Officers, and reviewed the accomplishments of each Officer during the year in which he was honored. Walter F~ Hampton, Policeman of the Year, 1967 Robert Do Headrick, Policeman of the Year, 1968 Lsszlo Maimor, Policeman of the Year, 1969 Donald J. Sox~ma, Policeman of the Year, 1970 Ci[y Coancil Minutes June 22, 1970 P_P~.~T~qN OF RESOLUTION OF COI~4ENDATION TO CYPRESS JUNIOR WOME~N~S CLUB: It was moved by Co%mcifmm~' Kenode and sec6~'ded '~y Cou~icilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE OUTSTANDING ACHIEVEMENTS OF THE CYPRESS JUNIOR WOMEN'S CLUB. 'The motio~ was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs end Kenel None None Mayor Kenel then read the Resolution of Con~nendation in full, and presented it to Mrs~ Stella Cardoze, the outgoing president of the Cypress Junior Women's Club~ Mrs. Cardora extended her gratitude to the City Council and Staff, and then presented the Resolution to Mrs. Judy Howard, incoming President of the Junior Women's Club, who also expressed her appreciation to the Council and members of the Staff. pRESENTATION OF RESOLUTION OF COMMENDATION TO BOY _SCOUT DAVI~D D~ENER: It was moved by Councilmen Lacayo and seconded by Councilm~n Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT DAVID DIENER ON ACHIEVING THE RANK OF EAGLE SCOUT. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Rob errs and Kanel None None Mayor Kanel read in full the Resolution of Co-m~ndation, and presented it to Mr. David Dienet. Mayor Kanel then introduced Miss Linda Larkin, Miss Cypress of 1970 to the City Council and audience. Miss Larkin stated that she was happy and honored to have won the title of Miss Cypress, and will do her best in representing the City of Cypress. ORAL COMMUNICATIONS: Mrs° David Ginns, 4573 Rainier Drive, Cypress, addressed the Council indicating that she felt there was a problem with Highway Co~nercial zoning. She listed some of the businesses in her neighborhood which, she indicated, were nuisances, and suggested the area be rezoned stating specifically what businesses could be allowed and the hours in which they could operate. She further suggested that a restaurant or a professional building would be more compatible to the area. Mro Bob Baker, 4372 Jade Avenue, Cypress, addressed the Council requesting information concerning the status of a proposal for street sweeping services, which he submitted to the City. - 2 - City Council Minutes June 22, 1970 lhe City Manager explained that the proposals had bean forwarded to the Public Works Department, and a report should be available for Council review at the first or second Council meeting in July. RECESS: Mayor Kanel declared a recess at 7:59 p.m. The meeting was called back to order at 8:05 p.m., with all Councilmen present. CONTINUAlION OF PUBLIC HEARING RE: CONSIDEP~.TION OF PRO~.ESTS TO ~HE ANNEXATION OF INHABITED PROPERTY GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF LINCOLN AVE. B~'TWEEN 'SUMNER .PLACE AND M.0ODX~ STREET~ K~6~ff A~ '/A~NEXA~!ON 6~6: The ~or announced thi~ was the time and place to Continue the PuBlic Hearing to consider protests to the annexation of inhabited property generally located on the north and south sides of Lincoln Avenue west of Moody Street, known as Annexation 69-6. l~e Mayor announced the Public Hearing was open and requested the Staff to present its report. The City Manager presented a report dated June 18, 1970, which indicated that the affidavits of continuation of the Public Hearing have been posted and no further communications have been received in reference to this matter, The report further indicated that the continuation was to allow the City Manager an opportunity to review the Annexation in relation to the protests which had been submi~ted to determine whether or not a deletion of 51 of the land area, as authorized by State Annexation Laws, would allow the Annexation to proceed, allowing those who desire to annex to the City to conduct an election for that purpose. The report stated that the analysis has been completed, and it has been determined =hat although the majority of protests in terms of assessed valuation are represented by property owners on the south side of Lincoln Avenue, a reduction of the land in this area by 5% would not alter the majority protests as submitted. The report also indicated that unless protests are withdrawn prior to the close of the Public Hearing, which would reduce the total protests to less than 50%, the City Council must proceed uo adopt theResolution declaring that a majority protest has been submitted on Annexation 69-6 and ordering that further proceedings be terminated. In response to an inquiry from Mayor Kanel, the City Attorney advised that since the Public Hearing on this matter was still open, additional protests could be heard~ Mr, Philip Hunt, Tortante, California, addressed the Council stating that he represented an organization that has entered into escrow to purchase property now owned by Mr~ and Mrs° Babetie within the proposed annexation area, consisting of 8°88 acres, Mr~ Hunt indicated that this organization wished to develop the property in the City of Cypress and therefore would be in support of the annexation proposal. At the request of Mayor Kanel, the Planning Director pointed out the subject property on the aerial map. In answer to an inquiry from Councilman Harvey, Mr. Hunt stated that the buyer has met the terms of the lease agreement, and that there is a verbal agreement between the buyer and seller, and a meeting is scheduled for the morning of 3'one 23, 1970 at the attorney's office to complete the agreement. He further stated that at the present time there was not a recorded agreement to buy. The City Attorney advised that the person who has the power to protest or to withdraw protest is the record owner until such time as escrow is closed, at which time, the new owner would have the power to protest or to withdraw the protest~ Mr, Hunt then submitted to the Council the listing requirements of the escrow, and the offer to purchase. - 3- City Coo~il Minutes June 22, 1970 Mr.. Norbe~ Runts, 8751 Sumner Place, addressed the Council indicating that he was opposed to one vote, representing 8,88 acres, overshadowing so many who had signed the petition. In answer to a question from Councilma~ Robarts, the City Manager indicated that shculd the particular property in question withdraw from the protest, it would reduce the total protests to under 50%. M~. Ival Irish, 4862 Bishop, stated that he resides next to the dairy in question, and indicated that the organization which Mr~ Hunt represents may not purchase the dairy, and the fact that the present owner has signed the petition protesting the annexation should be taken into consideration. In response to an inquiry from Mayor Kanel, the City Attorney stated that Public Hearing can be continued indefinitely. Mr.. Joseph Sheets, 4802 Marten Avenue, indicated that he had retained the services of an attorney who would have been present at this evening's meeting had he known the matter would perhaps be continued, Mr~ John Portillo, 9041, 9051, and 9051~ Moody Street, stated that he had talked with Mrs. Barberie, who indicated that there is a meeting scheduled with Mr, H~nt on the morning of June 23, 1970; however, she further indicated uhat nothing had been decided whatsoever, Mr, Portillo indicated that Mrs. Barberie stated that she has no interest whatsoever in entering the City of Cypress in the event the buyers cannot meet what she has requested, Mr. Portillo stated that he did not feel that Mr. Hunt should have indicated that the property would be going into escrow. In response to an inquiry from Councilman Roberrs, the City Attorney explained what woulu constitute a binding agreement between the buyer and seller. Rafmond Hamilton, 4861 Camp Street, indicated that he was very opposed the proposed annexation, Mr. Joseph Sheets addressed the Council, reading sections of the Government Code, and was advised by the City Attorney that the purpose of the Public Hearing was to receive the protests and to determine the validity of the prote~ts, and that protests or protest withdrawals may be made until the Public Hearing is ciosed~ Councilman Lacayo indicated that he felt that enough testimony had been heard from the citizens who were opposed to the annexation, and that at this time it would represent a majority; therefore, he would be in favor of closing the Public Hearings It was moved by Councilman Lacayo and seconded by Mayor Kanel to close the Public Hearing at this time. In answer to a question from Councilm~a Kenode, the City Attorney indicated that Mr~ Hant had submitted a copy of a deposit receipt showing the purchase price of $385,000, and a deposit of $5,000. He stated that it would appear to be an unconditional contract to buy, except for the terms of the escrow itself. At this time, Councilmem Roberrs reviewed the statue of the proposed annexation and stated that he felt that every opportunity should be given to those who would wish to come into the City. Councilman Kenode indicated that he would be in favor of continuing this Public Hearing as it would allow the citizens in the area an opportunity to vote on the issue~ -4- City Co~mcll Minutes June 22, 1970 Mayor Kanel indicated that at the present time, there appears to be a large division between those who wish to come into the City, and those who do not, He further indicated that had the citizens of the area been better informed as to the adv~mlteges of becoming part of the City, perhaps the division could have been avoided; therefore, at this time, he would be in favor of closing the Public Hearing. In response co a statement by Mr~ Norbert Runte, the City Manager stated that the signatures of those in favor of the annexation had been verified, The motion ~ailed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Kenel Harvey, Kenode and Roberrs None It was nuved by Councilman Kenode and seconded by Councilm~- Harvey to continue this Public Hea~ing to the first regular meeting of the City Council in August. The ~ti~n cazried by the following roll call vote: A~ES~ NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMAN: 0 COUNCILMEN: Harvey, Kenode, Lacayo and Roberrs Kanel None Co-~cilman Lacayo indicated that since the motion to close the Public Hearing had been defeated, he would have to agree with the continuance of the Hearing as uhie would allow the matter to come before the citizens of the area for a democratic election° In answeI to a suatement made by Mr. Portillo, the City Manager explained that in the event that at the first meeting of the City Council in August, the particular protesT, which was discussed earlier, is withdrawn leaving less that a 50% protest, an election would then be required, which would take a minimum of 60 days to call. Discussion ensued regarding the election° In response to an inquiry from Mr, Sheets, Ma~o~ Kanel stated that these who would serve on the election board wo~ld be from the territory of the proposed annexation, CONTINUA%tON OF PUBLIC HEARING lIE: APPLICATION FOR SPECIA~,?~.~I~MIT-TTELECOLOR COPORATION dba CAMEO COLOR STUDIOS: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for a Special Permit to allow the solicitation of retail photography business in the City of Cypress, as requested by Mr, Joseph Freed on behalf of Telocelot Corpozation~ dba Cameo Color Studios, 1010 North Virgil Avenue, Los Angeles, California! The Mayor announced that the Public Hearing was open and requested the Staff to present its xeport~ The City Manager reviewed a report dated June 18, 1970 which indicated that the affidavits of continuation of the Public Hearing are posted, and that no further communications have been received in reference to this matter. The report further indicated that the Council continued the Public Hearing on this ma~ter to allow the applicant, Mr. Freed, to attend the meeting in o~dex to ~swez questions regarding the application. Mrs. Green, xepresenting the Telcooler Corporation dba CanBe Color Studios, addressed the Council and answered various inquiries. She stated that the president of the Corporation serves as a member on the Board of the Better Business Bureau, and indicated that apparently when a salesman from their Company was operating in the City of Cypress without a Business License, it was probably due to the fact that the City's requirements had been overlooked bFa new employee of the firm, -5- City Council Minutes June 22, 1970 In response to an inquiry from Councilman Harvey, Mrs. Green indicated that neither she nor Mr. Freed would be doing the actual soliciting, and was then advised that the solicitation permit does require the name of the person who would be conducting the solicitation. In answer to a question from Mayor Kunel, Mrs. Green explained how the business would be conducted~ She stated that circulate would be distributed throughout the neighborhood notifying residents that a mobile unit from their company would be in the community the next day. She indicated that the picture was free, and the Ieeident would not be under any obligation to purchase unless additional pictures were desired. Discussion was held relative to the manner in which the business would be cenducted, Mr<. Raymond Sandborn, 9462 Lime Circle, Cypress, addressed the Council stating that he did not consider the business to be an honest one. Re then related an unfavorable experience which he had had with the company, and read in full a communication dated March 4, 1970, which he had sent to the Cameo Studio advising that he intended to stop payment on his check to the company, as the company had charged for a portrait calendar which Mrs. Sanborn had been led to believe would be a free gift. Mr. Sanborn than submitted to the City Council the communication, along with a reply dated March 16, 1970, and the following communications: a notice from the firm concerning the check payment which had been stopped, a second notice warning of enforcing the collection, and a copy of a Better Business Bureau service form, completed by Mr. Sanborn on March 16, 1970. Councilman Roberrs observed that both notices from the firm were form letters, and stated that it would appear that this type of situation had ocurred wore than once. In answer to a question from Mayor Kanel, the Finance Director stated that on March 12, 1970, he received a call from Mr. Sandborn advising that the Corporation was operating without a business license, and that he notified zhe oompany of the City's requirements on that date. He further indicated zhat a reply was received from the President of the Corporation on March 13, 1970 stating Chat to his knowledge the Company had never operated in the City of Cypres~ The Finance Director stated that on May 8, 1970, the City recieved an application from the Corporation. Mrs~ Sharron Pritchett, 5776 Straitmore, Cypress, addressed the Council stating that her children were photographed by the company last year. Mr. Wayne Worley, 6412 Orange Avenue, Cypress, addressed the Council stating that he was opposed to home solicitation, and urged the denial of the permit. Mr. Richard Bowen, 5435 Vista Sierra, stated that he would agree with Mr. Worley, and further indicated that the company was operating in the City in 1964, and had visited his residence at that time. Following discussion, the Mayor declared the Public Hearing closed. It was moved by Councilmen Lacayo and seconded by Councilman Roberrs to deny the application for · special permit as requested by Telecolor Corporation dba Cameo Color Studios. Following further discussion, the motion was unanimously carried by the following roll call vote: AYES: 5 COITNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None -6~ C~ty Council Minutes June 22, 1970 RECE S S: Mayor Kanel declared a recess at 9:40 p.m. The meeting was called hack to order at 9:45 p.m., with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF CONDITIOnAl. ~S~ ~E.RM!T CT2S~, MULTIPLE FAMILY DEVELOPMENT~ DENNI AND LINCOLN AVENUE: The Mayor announced this was the time and place for the Public Hearing to consider Conditional Use Permit C-231, for a multiple family development located at Denni and Lincoln Avenue. The Mayor declared the Public Hearing open, and requested the Staff to present its report~ At this time, it was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to continue this Public Hearing until such time as Item No. 12 on the agenda has been considered. PUBLIC HEARING RE: CONSIDERATION OF PROTESTSAND OBJECTIONS TO THE REPORT OF THE SUPERINTENDENT OF STREETS SHOWING THE COST OF ABATEMENT OF NUISANCES UPON OR IN FRONT OF CERTAIN PARCELS WITHIN THE CITY OF CYPRESS: The Mayor announced this was the time and place 'for the P'u~fiC Hearing to consider protests and objections to the report of the Superintendent of Streets showing the cost of abatement of nuisances upon or in front of certain parcels within the City of Cypress. The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated June 15, 1970 which stated that the affidavits of posting of the Public Hearing notices on this matter are on file in the office of the City Clerk and that no written communications either in favor of or in opposition to the report have been received. The Public Works Director reviewed a report dated June 15, 1970 which indicated that in accczdance with Resolution No. 1060 dated April 13, 1970, the work ordered to abate public nuisances on certain properties within the City has been completed, and a Resolution has been prepared confirming the weed abatement assessment~ There being no written or oral communications, the Mayor declared the Public Hearing closed. It was moved by Councilman Lacayo and seconded by Councilman Harvey to accept the work of the weed and rubbish abatement contractor as Being satisfactorily completed in accordance with the specifications for the work. 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 It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following l~solution by title only, title as follows: RESOLUTION NO. 1084 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. - 7 - City Council Minutes Jtme 22, 1970 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COFNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Reco~m~endation on the Administrative Report concerning the matter. He further advised that any item listed under the consent calendar could be removed at the request of a Councilman. Mayor Kanel then explained that Items No. 13, 14 and 15 had been added to the Consent Calendar at the regular adjourned meeting of the City Council held earlier in the afternoon, and requested the City Manager to present the recommendations contained in the reports. The City Manager then presented the recommendations which were outlined in the reports. Councilman Harvey indicated that he had been opposed to the addition of these items to the calendar, and would request that these items be removed as hedid have a question regarding them. Councilman Kenode stated that he was not present at the time when these items were added, and felt that they should not have been added as the recommendations had not bee~ placed on the agenda, allowing the citizens an opportunity to review them. Councilman Roberrs stated that he had requested these items to be added to the Consent Calendar inasmuch as he felt that they were routine in nature and would not require further discussion, Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve Items 5, 6 and 7 on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Rober~s and Kanel None None Stem No, 5: AResolution of the Orange County Chamber of Co~mnerce opposing deletion of the Pacific Coast Freeway from the California Freeway and Expressway System. Recor~nendation: That the City Council concur in the contents of the Resolution and authorize the City Manager to communicate this support to the appropriate State Legislators. Item No, 6: Communication from the City of Fountain Valley suggesting a program for community assistance to handicapped persons. Recommendation: That the City Council request the Cypress Chamber of Commerce to contact major shopping center tenants to reserve a parking place adjacent to the shopping facilities for handicapped persons. Item No, 7: Communication from the Division of Etghways requesting cooperation in providing a functional classification system of roads and highways. Recommendation: That the communication be received and filed and the City -8- City~g~il Minutes June 22, 1970 Manager be directed to advice the State Highway District Engineer of the City' s intent to cooperate in this program. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to proceed to Item No. 14 on the agenda at this time. CONSIDERATION OF PaPORT ON CASH BOND DEPOSIT - MR. C. WRIGHT: The City Manager reviewed a report dated June 18, 1970 which indicated that the City Comcil at its regular meeting of June 8, 1970 requested the City Manager Co prepare a report regarding the status of a cash bond posted by Mr. Carl Wright of 5572 Nelson Avenue, Cypress. The report further indicated that Mr. Wright posted a $350 cash bond in lieu of street improvements on February 11, 1965, and that although no time limit is stipulated for the holding of the bond, the bond in question has been held for five years and no construction of public improvements by the City on Nelson Street are proposed in the near future. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Kenode that the property owner be advised of the choice of the two alternatives as outlined in the report. 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 CONTINUATION OF CONSIDERATION OF REPORT ON APARTMENT DEVELOPMENT.: The City Manager reviewed a report dated June 18, 1970 which indicated that the City Manager, Planning Director and City Attorney have reviewed the various reports and surveys conducted regarding possible interim multiple family standards which might be adopted by the City Council on an interim basis until such time as the final studies are completed by both the Planning Commission and City Council. The Planning Director reviewed Planning Staff Report PC#70-48, dated June 18, 1970, which outlined the recommended amendments to the existing R-3 and R-4 zones. At the request of Mayor Kanel, the Planning Director outlined the contents of the studies which were used to determine the reconunended interim standards for multiple family development. In response to an inquiry from Councilman Harvey, the Planning Director indicated that the proposed requirements between the R-3 and R-4 zones are very similar, and indicated that this proposed Ordinance is an interim Ordinance with high standards which would allow time for further study regarding the ultimate reconunendations. Councilman Roberts stated that he would not entirely agree with the recommendations since he felt that the proposed interim Ordinance standards were perhaps to close to the standards which might ultimately be adopted, and it was his impression that the interim Ordinance should impose more rigid standards until the final studies on multiple family development have been completed. In response to an inquiry from Mr. Richard Bowen, 5435 Vista Sierra, Cypress, the Planning Director explained that the previous reports on multiple family development are being studied by the Planning Connnission. Mr. Bob Hopkins, 4192 Avehide Madrid, Cypress, suzmnar,zed the written report which he indicated had previously been distributedto the members of the City Council, regarding multiple family development standards; following which, the prepared document was read in full. -9 - City Council Minutes June 22, 1970 Mr~ James Duncan, 9582 South Walker Street, addressed the Council suggesting that there should be a method of limiting debate on various items, whereas, Mayor Kanel stated that a Councilman can mere to limit debate; however, he felt that the citizens should be allowed to speak if they so desire, as this particular subject is of great interest to so many citizens, The City Attorney then cormnented on portions of the written report submitted by Mr. Hopkins. Mr. Wayne Worley, 6412 Orange Avenue, addressed the Council indicating that he felt that apartments were needed in the City to accoxmnodate the increasing population and to attract industry. Mr. Conrad Tuohey, 2555 E. Chapman, Anaheim, attorney representing the Coelho property on Lincoln and Denni Street, addressed the Comcil sug~esting that the City Council not be influenced by representatives in the audie~ce~ but rather, should seriously consider the recommendations from the professional planning consultants, Planning Commission and members of the City Staff. Mr. John Johnson, 8151 Orangethorpe Ave., Buena Park, indicated that the Council should be listening to the experts, and that he considered apartments to be necessary to the City. Dr. David Ginns, 4573 Rainier Drive, Cypress, stated that he felt the Council should listen to the citizens of Cypress, and indicated that he was in agreement with the report submitted by Mr. Hopkins. Mrs. Alice Frankiewich, 4219 Dover Circle, Cypress, stated that she was in agreement with the report submitted by Mr. Hopkins, and felt that his report favored the taxpayers and not the developers, She further stated that she felt the R-3 and R-4 zones should be merged into one zone, utilizing the best points of each. Mrs. Fankiewich indicated that the citizens of Cypress have a right to aesthetic values in the comaaunity, and are concerned as to how the conanunity will appear in the future. Mr~ Mark Harmon, 9293 Lexington Street, stated that the citizens have a right to be heard, and indicated that the City does not need to have apartment developments. In answer to a question from Mayor Kanel, Mr. Harmon indicated that he was concerned about a large development being properly maintained. Mro Steve Strauser, 9191 Windsor Circle, stated that he was in favor of multiple-unit development in the City of Cypress. Mrs. David Ginrig, 4573 Rainier Drive, addressed the Council stating that she was not opposed to apartments, but did wantto be certain that the apartments would be compatible with the single-family residences in the neighborhood. She then listed various reasons why some of the citizens were against the development of multiple-family units. Mr. Dick Koppang, 4024 Barwick Court, stated that he would agree with most of what the citizens have stated. In response to an inquiry from Mr. Koppang, the City Manager indicated that every effort would be made to complete the final study prior to the expiration of the 90-day Urgency Ordinance. The Planning Director indicated that a committee, which will look into all aspects of multiple-family development~ is being established, with the first meeting scheduled for June 24, 1970. In response to an inquiry from Councilman Kenode, the Planning Director listed those who have agreed to serve on the committee, Mayor Kanel then suggested that Mr. Bob Hopkins serve on the committee, to which Mr. }bpkins agreed. - 10 - City Council M/mutes J~me 22, 1970 Councilman Robarts stated that he felt there should be some way to integrate the opinions of the citizens with the decisionsof the professional persons regarding this matter, Discussion ensued regarding the proposed square footage for multiple~units contained in the study, Mr. Carl Wright, 5572 Nelson Street, addressed the Council stressing the importance for Mood architectural design. Councilman Roberrs indicated that he felt the Urgency Ordinance should contain higher standards than what is considered to be the average, and would propose that section 109.6(b) be amended to an 800 square foot requirement for a one- bedroom apartment, and section 109.6 (c) be amended to a 900 square foot requirement for a two bedroom unit. He further stated that also included should be an additional 150 square foot requirement for each additional bedroom, and these proposals should be reflected in the R-4 zone, section 110.6 of the study° It was moved by Councilma% Roberrs and seconded by Councilm&~ Kenode to read the Urgency 0rdinanca by title only. The motion was unanimously carried by the following roll call vote: AYE S: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Title of the Ordinanceis as follows: ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CYPRESS REGARDING AMENDING ORDINANCE NOb 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, PROVIDING FOR INTERIM STANDARDS FORM JLTIPLE-FAMILY DEVELOPMENT IN THE CITY OF CYPRESS It was moved by Councilman Roberrs and seconded by Councilman Lacayo to adopt the Urgency Ordinance with the amendments as proposed by Councilman Roberrs. In response to inquiries from Councilman Kenode and Harvey, the Planning Director indicated that increasing the square footage requirements would not necessarily improve the quality of the units, but would definitely reduce the open space and the amount of area which would be available for recreational usage. Councilman Har~ey indicated that the people in the west end of the City have indicated that they would not object to a development which would be comparable to their residences, and are hopeful that this could be accomplished by increasing the square footage requirements, thereby reducing the density of the units. He stated that they have indicated that they want more open space, recreational facilities and less traffic, which, would appear to be contradictory. He further indicated that recommendatiuns of this mature would, in his opinion, preclude the construction of apartments within the City. Councilman Harvey indicated that the particular proposed development at Lincoln Avenue and Denni Street was not the issue, and that what is best for the entire City m~st be taken into consideration° Councilman Kenode stated that he would not be in agreement with the amendments as were suggested by Councilman Roberrs, and would tend to favor the recomendations of the Staff. He indicated that he would be willing to have a review of the multiple- unit Ordinance, although he did feel that the original action was far too - 11 - City Council Minutes June 22, 1970 drastic. He stated that the Conditional-Use Permit, which is required under the proposed Urgency Ordinamce, would adequately protect the citizens during the 90-day period. Councilmm~ Lacayo etated that there seemed to be additional evidence presented at each meeting of the City Council, and indicated that the Ordinance should be voted on this evening. Following discussion, it was moved by Councilman Kenode and seconded by Councilman Harvey to amend the proposed Urgency Ordinance to include the requirement of 700 square feet for a one bedroom unit, and 800 square feet for a two bedroom unit, with the same requirements to be applied to a~ R-4 zone~ Mr. Bob Hopkins addressed the Council stating that he was in favor of the proposal submitted by Councilman Roberrs. In answer to a statement made by Mr~ Hopkins, the City Attorney listed the various items which could be regulated under a Conditional-Use Permit. Mr. Joseph Timmons, Los Alemites, addressed the Council urging a vote in favor of Councilman Kanode's motion. Dr. Ciuns questioned whether the Conditional-Use Permit would guarantee the citizens architectural review of a development. He indicated that the City should strive for low density. Following further discussion, Mayor Kanel explained that the Conditional-Use Permit must be complied with, or legal action could be taken. Following discussion, the motion which was made by Councilma~ Kenode failed to carry by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Eanode and Lacayo Rober~s and Kanel None It was moved by Councilman Kenode, seconded by Councilman Robarts and unanimously carried to continue this matter to Tuesday evening, June 23, 1970, at 7:30 p.m. In response to an inquiry from Mr. Conrad Tuohey, the City Attorney advised that the previous metion would have had to have a 4/5 vote by the City Council in order to have passed. ADJ(}URNMENT: It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to adjourn the meeting at 12:55 a.m. to 7:30 p.m. on June 23, 1970. ATTEST: . ,;~,,, ~= CITY CL CITY OF CYPRESS - 12 -