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Minutes 70-07-27MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL RELD July 27, 1970 The regular meeting of the Cypress City Council was called to order at 4:05 p.m., on Monday, July 27, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, with Mayor John Kanel presiding. PRESENT: Councilmen Kanode, Lacayo, Roberrs and Kanel ABSENT: Councilman Harvey Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Leonard Hampel, and the following members of the City Staff: Dunlap, Poetthor, Putnam, Schatzeder, Crissom and Nudson. s: It was moved by Councilman Roberts, seconded by Councilman Kenode and unanimously carried to continue the consideration of the Minutes to the next regular meeting of the City Council. STAFF REPORTS AM.~ DISCUSSIONS: At the request of the City Manager, it was moved by Councilman Roberts, secondea by Councilman Kenode and unanimously carried to place the consideration of the employment of provisional police officers on the agenda as Item No. 20 (a), THe City Manager then reviewed the various items contained in the Progress Report, Discussion was held regarding a suggestion from Mayor Kanel that the City Manager's Office prepare a sunmmry of City Council actions which would be transmitted to all area newspapers following each Council meeting. It was the general opinion of the City Council that this would be beneficial to the City of Cypress, as it would appear to be an excellent method of keeping all citizens informed as to Council actions. The City Manager reviewed the status of the Juanits Street Park, and stated that a committee of citizens residing near the park, will be present at the City Council meeting scheduled for August 10, 1970. The City Manager indicated that the Cypress Woman's Club has requested that their efforts regarding the Beautificatiun Program besubmitted for the National Anti-Litter Award. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to place this item on the agenda for consideration at this time. It was moved by CounCilman Kenode, seconded by Councilman Roberrs and unanimously carried to nominate the Cypress Woman's Club for the National Anti-Litter Award. Discussion ensued with regard to a study, which was requested by Councilman Lacayo, concerning the appeal period for Planning Commission decisions. Council- man Roberrs indicated that included in the study, he would desire a report on whether or not Planning Commission determinations should automatically come before the City Council for review. Discussion was held relative to the City purchasing three perpetual trophies, one of which would be presented to the winning team of the Federal Little League, the Cypress Bobby Sox League, and the Pony Colt League. Mayor Kanel indicated that City Cormnil Minutes July 27, 1970 these trophies would be displayed in the City Hall trophy case. It was moved by Councilman Lacayo, seconded by Councilm~ Roberrs and unanimously carried to place the consideration of this item on the agenda at this time. It was moved by Councilman Lacayo and seconded by Councilman Kenode to authorize the purchase of three trophies. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kenel None Harvey Councilman Roberrs indicated that he had been contacted by a citizen who expressed concern relative to a dangerous intersection in the area of Margaret and Lawrence Streets, and would like for this matter to be directed to the Advisory Traffic Couanittee for study° Councilman Roberrs then read in full a proposed mini-bike ordinance, and requested that the ordinance be considered in conjunction with the studies on this subject. The contents of Councilman RobetEe' proposed ordinance are as follows: "The purpose of this ordinance should be to safeguard the lives and health of young users and to be permissive in nature° It should, however, assure safety and assure that the public welfare be maintained. The ordinance should contain the following or equivalent: 1) Require a use permit within the City limits° The permit should be paid for. The standard for safety to be at the discretion of the Chief of Police. 2) Areas restricted from use should be listed in a pamphlet issued with all mini- bike permits, 3) Penalty for use in violation of restrictions should be stated and include im- pounding if the mini-bike does not have a use permit. 4) Ordinance to be effective as soon as possible. In addition, studies should be initiated to find areas specifically set aside for mini-bikes, go-karts, etc." EXECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 5:30 p.m., for the purpose of discussing a personnel matter. The meeting was called back to order at 6:04 p.m. with the following Councilmen present: PRESENT: Councilmen Kenode, Lacayo, Roberrs and Kanel ABSENT: Councilman Harvey RECESS: It was moved by Comcilmsa Kanode, seconded by Councilman Roberrs and unanimously carried to recess at 6:05 p.m. until 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Kanode, Lacayo, Roberrs and Kenel ABSENT: 'Councilmm~ Harvey Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney -2 - City Council Minutes July 27, 1970 Leonard Hemps1, end the following members of the City Staff: Dunlap, Poertner, Putnam, Schatzeder, Grissom, Burgin, and Saverd. PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop No, 934 led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF RESOLFfION OF COMMENDATION TO MR, DANIEL CASTILLO FOR HEROIC ACTIONS IN RESCUE: It was moved by Councilman Roberrs and seconded 'b'~ Councilman Kenode to ad'opt the following Resolution by title only, title as follows: RESOLUTION NO. 1089 A RESOLVEION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COI~{ENDING MR. DANIEL CASTILLO FOR HIS HEROIC ACTIONS IN RESCUING RANDY KIRNER FROM DROWNING ON JULY 7, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey Mayor Kenel then read in full the Resolution of Commendation, and presented it to Mr, Daniel Cestillo. At this time, it was moved by Councilman Kenode end seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLVEION NO. 1090 A RESOLVEION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COI~4ENDINGMR, WILLIAM SHEPHERD FOR HIS OUTSTANDING SERVICE AS CHAMBER MANAGER OF THE CYPRESS CHAMBER OF COMMERCE° The motion was unenimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF AWARD OF CONTRACT FOR APPLICATION FOR. .S. LU..~.Y .S .EAL ON .V..ARIOUS CITY STREETS--PRdJECT #7108-10-0000: The 'd~ Menager reviewed ~ report from the Public Works Director, dated July 22, 1970, which indicated that funds were included in the 1970/71 budget for the application of slurry seal to various City Streets in order to replace the loss of surface fines and asphalt at the pavement surface to prevent further deterioration as a preventative maintenance function. Supplemented to the report was a tabulation of bids which were received by the City on July 23, 1970. It was moved by Councilman Roberrs end seconded by Councilman Kenode to accept the bid submitted by Ted R. Jenkins as the lowest end best bid, end to award the contract to Ted R. Jenkins, 5400 The Toledo, Long Beach, California as per their proposal dated July 23, 1970 in the amount of $13,432.80. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kanode, Lacayo, Roberrs and Fanel None Harvey CO~S.IDERA~!O~ qF A~.A~D..OF CONTRACT .FOR VAL~ VIEW STREET FRO. M LINCOLN .A .VENUE TO ORANGE_AVENUE--PROJECT#Y101-10-0578: The City Manager presented a report dated July 22, 1970 from th~"~ubl~c Walks Director, which outlined the proposed improve- ments on Valley View Street from Lincoln Avenue to Orange Avenun, supplemented 3 City Cotmcil Minutes July27, 1970 by a listing of bids which were received by the City on July 27, 1970. Following discussion, it was m~ved by Councilman Lacayoand seconded by Councilman Kanode to accept the bid submitted by Silveri & Ruiz Co., 2742 W. Orangethorpe Avenue, Suite "H", Fullertun, California, as the lowest and best bid submitted for the street widening onValley View Street from Lincoln Avenue to Orange Avenue, and to award the contract to Silveri & Ruiz Co. as per their proposal dated July 27, 1970 in the amount of $49,867.60. The motion was unanimously carried by the following roll call vote: AYES: 4 COL~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo~ Roberrs and Kanel None Harvey 0 AL coMM iq T oNs: Mr. Myron Weist, Cumberland Drive and Grindlay Street, addressed the City Council stating that elementary school children have caused a considerable problem to him, as they seem to discard trash on his property while waiting for a school bus, which has a stop adjacent to his property. It was moved by Councilmen Lacayo, seconded by Councilman Kanode and unanimously carried to place this item on the agenda for consideration at this time. Following discussion, it was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to direct the City Manager to contact the Cypress Elementary School District relative to this matter, and to report back to the City Council. CON. S.E.N.T. 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 Recommendation on the Administrative Report concerning this matter. Me further advised that any item listed under the consent calendar could be removed at the request of a Councilman, The City Manager then presented the recommendations which were outlined in the reports. It was moved by Councilm~ml Roberrs, seconded by Councilman Lacayo and unanimously carried to approve Items No. 4 and 5 on the consent calendar. Item No, 4: Communication from Orange County Apartment House Association regarding Multiple Family Unit Construction. Recommendation: Receive and file coumunication and request that the City Manager and City Attorney advise the Orange! County Apartment Rouse Association of the legal limitations imposed upon the City to curtail or halt the construction of multiple f-~41y unite within the City. Item No, 5: Comnunication from the Brea City Council concerning laws pertaining to the sale of illegal drugs. Recommendation: That the City Council refer this comunication to the City Manager in order to obtain additional information, and to present a more complete report at a future meeting. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to proceed to Item No~ 8 on the agenda, and to continue until such time as the Public Hearings are scheduled to be held. COX~4UNICATION FRO~ ..M~.~ T, I. Mc.KNEW, PRESIDEN~ .OF T~ COUNCILS OPPOSING ~OS Ai~hTOS .i~RPORT, DATED .JULY 9, ~970, REQUESTING THE CITY OF C~PRESS TO PARTICIPATE IN ACTIVITIES OF THIS ORGANIZATION: The Cit~ Manager presented a report dated July 23, 1970,"w~ich indicated that the City has received a com:nunication dated -4- City Council Minutes July 27, 1970 July 9, 1970 from Mr, T, I. McKnew, President of the Councils Opposing Los Al~m~tos Airport requesting the City of Cypress to participate in the activities of this orgam%ization, which was formed to oppose the developmen~ of the Los Alemites Naval Air Station as a general purpose airport, In response to an inquiry from Councilman Kanod&, the City Manager indicated that the communication from Mr, T. I. McKnew did not specify whether or not the representative was to be a member of the City Council or a delegate at large. Councilman Kenode indicated that he felt that Mrs. Sharron Pritchatt should be the City's representative to this organization, since she and her co~m~ittee were so actively involved in opposing the Los Aiamitos Naval Air Station. In response to an inquiry from Mayor Kanel, Mrs. 8harron Pritchett, 5776 Stratmore Avenue, Cypress, stated that she would be glad to attend the meetings as an observer. Following discussion, it was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried that the City send an obsezver, Mrs, Shefrom Pritchett, to the next meeting of the Councils Opposing Los Ai~mitos Airport, and to direct the City Manager to comunicate with Super~rlsor Phillip~ to determine the status of the official committee formed to review the development plans for the Los Alamitos Naval Air Station. I~.CESS: Mayor Kanel declared a recess at 7:58 p.m. The meeting was called back to order at 8:04 p,m. with the following Councilmen present: PRESENT: Councilmen Kenode, Lacayo, Robarts and Kanel ~BSENT: Councilman Harvey CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF AN APPLICATION FOP, A SPECIAL PERF~IT--BOYS.E~TEEPRISE COMPANY ~ '.TO $0LICI~ DOOR-TO-DOOR CANDY SALES IN THE CITY: The Mayor announced this was the time and place for the continuation of the Public Hearing to consider an application for a Special Permit, as requested by the Boys Enterprise Company, 2552 Glen Green, Hollywood, California, to solicit door-to-door candy sales in the City of Cypress, The Mayor announced the Public Hearing was open, and requested the Staff to present its report. The City Manager presented a report dated July 23, 1970, which indicated that the affidavit of posting oft he continuation of the Public Hearing is on file in the office of the City Clerk, and no further communications have been received in reference to this item. In response to an inquiry from Mayor Kanel regarding the fact that a representative from the organization was not presents the City Manager advised that a communication had been sent from his office advising the applicant that the Public Hearing had been continued, and further requesting the attendance of the applicant in order to answer any questions that the City Council might have. In answer to a question from Councilma~ Lacayo, the City Manager indicated that he had been advised by the Assistant City Attorney that there is a limitation of 30 days on a Public Hearing of this nature. Mr. Pat O'Hara, 9170 Whitney Way, Cypress, addressed the Council stating that he felt that there were many worthwhile organizations within ~he City to which the citizens would prefer to contribute. -5 - City Council Minutes July 27, 1970 There being no written co~nunications and no further oral protests, it was moved by Councilma~ Robarts and seconded by Councilman Lacayo to close the Public Hearing. The motion was unanimously carried by the following roll call AYE S: 4 COUNCILI~N: NOES: 0 COUNCILMEN: AB SENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Rarvey It was moved by Councilma~ Roberrs and seconded by Councilman Lacayo to deny the application for a Special Permit as requested by the Boys Enterprise Company, based on the fact that the door-to-door solicitation as proposed does not con~port with the peace, health, safety, good morals and general welfare of the public. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Harvey It was the general opinion of the City Council that they would prefer to grant requests of this nature to representatives from the City of Cypress; however, there are exceptions such as if the organization would be a charitable one, or for a worthwhile cause. PUBLIC REARING RE: CONSIDERATION OF APPEAL OF CONDITIONS ON CONDITIONAL USE En' ITZ LD:' Me 'the and place for the Public Rearing to consider an appeal of conditions which were placed on Conditional Use Permit No. C-232, requested by Mr. Ed Fitzgerald, 2850 Long Beach Boulevard, Long Beach, California. The Mayor declared the Public Rearing open and requested the Staff to present its report. The City Manager reviewed a report dated July 23, 1970, which indicated that Mr, Ed Fitzgerald filed on appeal with the City Clerk on 3une 30, 1970 to several conditions imposed by the Planning Commission in their approval of Conditional Use Permit C-232, which involves the construction of a tennis club generally located on the east side of Bloomfield Street, 1700 ft. south of Lincoln Avenue. The report further indicated that the affidavits of publication, mailing and posting on this matter are on file in the office of the City Clerk, and that no communications other than the original letter of appeal have been received by the City Clerk's office° The City Manager read in full a communication received this date from Mr, Marvin L. Evans, Tract 6276 Board of Directors, which stated that the Board of Directors of the Tract 6276 Romeowners Association, on July 12, 1970, voted unanimously to formall7 object to the appeal filed regarding the proposed tennis club, based on their understanding that it is the developer's intent to sell liquor to the general public. Mr. Ed Fitzgerald, 2850 Long Beach Boulevard, Long Beach, addressed the CounCil stating that he would prefer to hear the Planning Staff Report, relative to this matter, before beginning with his ~resentation. Councilman Roberrs indicated that the Planning Director should present his report concerning all of the conditions which were imposed, in order that the Council would have a perspective as to the complete background of the matter. At the request of Mayor Kanel, the Planning Director listed all of the conditions which were originally imposed by the Planning Commission at its regular meeting of June 18, 1970, as contained in Resolution No. 503. -6 - City Council Minutes July 27, 1970 The Planning Director then presented Planning Staff Report PC#70-67, dated July 23, 1970, which outlined the eleven conditions which the applicant was appealing, and the reasons for the Commission imposing the conditions. Mr. Fitzgerald then presented, independently for Council consideration, Conditions No o 1, 2, 3, 6, 7, 8, 9, 10, 18, 19 and 20, ~nd his arguments for appealing each of these conditions, which are contained in his comnunication of June 30, 1970. Considerable consideration was ~iven to each of the conditions by the City Council, following which, e determination for each condition was made. RECESS: Mayor Kanel declared a recess at 9:55 p.m. The meeting was called back to order at 10:05 p.m. with the following Councilmen present: PRESENT: Councilmen Kenode, Lacayo, Roberrs and Kenel ABSENT: Councilman Harvey At this time, Mayor Kanel asked if anyone in the audience wished to speak in opposition to the request for an appeal of the conditions. Mr. Marvin Evens, 9')26 Cambridge Street, Cypress, addressed the Council in reference to his letter on behalf of the Board of Directors of Tract 6276, stating that the Board would not be opposed to the selling of liquor at the proposed club, as long as it would be to members and their ~uests only. He further indicated that it should be stipulated that the building would be constructed within a reasonable amount of time. In answer to an inquiry from Mayor Kenel, Mr. Evens stated that he would be in agreement with a restriction of six months, in which the building must be constructed. Mayor Kenel then asked if anyone in the audience wished to speak in favor of the request. Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the Council stating the City needs more entrapensure, end indicating that a businessman was needed to serve as a member on the Planning Commission. Mayor Kenel declared the Public Hearing closed. Following discussion, it was moved by Councilman Robarts end seconded by Councilman Lacayo to modify the following conditions as follows: Condition No. 1: If a lot split is made, a division of lend application shall be filed, approved, and recorded prior to the issuance of a building or grading permit for any of the facilities. Condition No. 2: Bloomfield Street shall be dedicated and fully improved along the frontage as shown on the plot plan submitted for the Conditional Use Permit, in accordance with the Master Plan of Streets and Hi~hways. Cc~..dition No. 3: If a lot split is made all Master Plan drainage fees on the entire parcel to be subdivided shall be paid. ConQi~ion No. 6: Street trees shall be installed along Bloomfield Street, along the frontage as shown on the plot plan submitted for the Conditional Use Permit, in - 7- City Council Minutes July 27, 1970 conformm%ce to the street tree policy of the Public Work8 Department. The type of trees shell be as required under the Townscape and Urban Design Element of the General Plan. Condition No. 7: All Street light energy charges shall be paid, along the frontage aS indicated in the plot plan submitted for the Conditional Use Permit. Condition No, 8: Plan check and inspection fees in the amount of 3~% of the street improvements along the frontage as indicated in the plot plan submitted for the Conditional Use permit shall be paid. Condition No. 9: Deleted ~onditio~ Np.. i0: All landscaped areas will be designed by a licensed landscape architect and installed prior to the occupancy of the facility. Conditi.0n' No~ 18: Any further expansion of the club ("Exhibit A") will be subject to Planning Commission approval. Condition No, 19: Buildings shall be constructed and available for occupancy ~ithin a 6-month period from the time in which the courts are opened; and the foundation shall be laid for all buildings prior to the opening of the courts. Conditiq~ No~ 20: The sale of any alcoholic beverages, if any, shall be limited to members and guests only. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILI~N: 1 COUNCILMAN: Kenode, Lacayo, Robarts and Kanel None Harvey COM4UNICATIO~ FROMMRS. ELMON MANES ADDrESSED TO M~YORKANEL TRANSMITTING A COPY A ASSfS A C ON City Manager reviewed a report dated july ~23~ 1970, Which indicated tHaC the City has received a communication dated July 21, 1970, addressed to Mayor KaneI transmitting a copy of a petition signed by residents along Graham Street between Orange Avenue and Ball Road. The report further indicated that the communication suggests the installation of a 4-way stop aiD at Graham and Aspen, posting of speed limits on both ends of Graham Street, in addition to police patrol during the hours of 8:30 p.m. to 10:30 p.m. The petition itself suggests that the problem has been increased due to the traffic generated by the new Teen Center facility. Mrs. Elmon Manes, 9767 Graham Street, Cypress, addressed the Council stating that she was very concerned as to the welfare of small children in her neighbor- hood, as there is excessive traffic and speeding vehicles along Graham Street, in the vicinity of the Teen Center. In answer to an inquiry from Mayor Kanel, Mrs. Manes indicated that vehicles are using excessive speed on Graham Street during the day as well as the evenin ~s . Mrs. Dale Lake, 9736 Graham Street, Cypress, stated that the noise from the teensgore is very loud, and indicated that her lawn was being used by some of the teensgets as a meeting place. Mr. John Cripps, 9899 Graham Street, Cypress, stated that there have been several occasions where smell children were nearly hit by speeding cars. Mr, Richard Mayo, 9733 Graham Street, Cypress, addressed the Council suggesting that speed bumpsbe installed in the area. -8- City Council Minutes July 27, 1970 In answer to a question from Mayor Kanel, Mr. Mayo indicated that he has not noticed any destruction in the area; however, stated that he has noticed candy wrappers, paper cups and cigarette butts on the lawns.in the area, Councilman Lacayo indicated that the City is paying a lot of money for the Teen Center facility, and indicated that the City Council must have the support of the Teen Council to help with problems of this nature, Mr. Charles Bryant, Park and Recreation Director, addressed the Council stating that he considered the installation of speed bumps on the parking lot to be a good suggestion, and indicated that he would check into having them installed in the proper location. Mr. Bryant indicated that there has been some vandalism at the facility; however, this has occurred at times when the facility was not in use by the teensEers. He further stated that he felt the teen facility was very successful. Mr. Marvin DiCarlo, Teen Center Coordinator, stated that there are not more than five members of the Teen Center who have automobiles available to them. In response to inquiries from Mayor Kanel, Mr. DiCarlo stated that a member of the Teen Canter must be from the Cypress community, and that very few teensEers from other areas have visited the Center. In reply to an inquiry from Councilman Lacayo, Mr. DiCarlo indicated that he would have preferred the complaint to have been brought before the Teen Council, as the members would like to solve their own problems. Mr. Leo Orsini, 9432 Valley View Street, past Board Chairman for the Teen Center, addressed the Council stating that the teensgets were interested in solving any problems relating to the club, and that they want to be friendly with the neighbors. Misses Ceri Frazer, Janice House and Ronda Wald, members of the Teen Facility, addressed the Council indicating that the disturbances must be coming from another area, possibly the baseball park. Miss House indicated that the Teen Center does not sell candy, and therefore, the teena~ers using the facility could not be responsible for scattering candy wrappers and paper cups. Mr. John Cripps again addressed the Council staticE that the citizens who si~ned the petition were not against teena~ers, but were concerned for the welfare of small children. MrS. Shirley Libby, 9977 Graham Street, stated that the reason the petition was si~ned was because it was felt that enforcement and posting of the speed limits were needed; therefore, the petition was presented to the City Council rather than to the Teen Board. In response to an inquiry from Mayor Kanel, Chief Savord stated that there are advanced waxninE signs alonE Graham Street, and indicated that the Police Department has received very few disturbance calls from citizens in the area of the Teen Center, and therefore he was not awe of theacute problem. Chief Savord indicated that he felt that the Advisory Traffic Committee should study the 4-way stop sign proposal. Mrs. John Cripps addressed the Council qusstioninE whether or not the proposed 4-way stop sign would create excessive noise. In ~nswer to a question from Councilman Roberrs, Chief Saverd stated that speed bumps have not been used in Cypress. Mrs. David Ginns, 4573 Rainier Brive, Cypress stated that she was in sympathy with the residents of Graham Street, as there is a similar problem in her area, -9- City Council Minutes July 27, 1970 In saswer to an inquiry from Mayor Kanel, the City Manager indicated that the City's Traffic Engineers ha~e made atudies to determine the effectiveness of warning siSns. Mayor Kanelstated that he would like a report on the effectiveness of warning signs brought to the City Council. FollOwing discussion, it was moved by Councilman Lacayo sad seconded by Councilman Ksaode to authorize the immediate posting of speed limit signs and a selected traffic enforcement program along Graham Street; also, that the request for e 4-way stop sign be forwarded to the Advisory Traffic Committee for study; that the Cypress Pacreation sad Park District be requested to investigate the possibility of installing speed bumps in the parking lot adjacent to the .Teen Center faoility, sad that a report on the effectiveness of warning signs be brought to the Council. The motion was unsaimously carried by the following roll cell vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Ksaode, Lacayo, Robarts and Ksael None Harvey It was moved by Councilme~ Roberrs, seconded by Councilm~ Lacayo sad unanimously carried to proceed to Item No. 14 on the agenda at this time. CONSIDERATID_NOF~AMEN~MENT TO THE ZONING ORDINANCE REQUIRING CONDITIONAL USE PEPa~ITS IN HIGHWAY COMMERCIAL ZONE: The City Manager presented a report dated July 23, 1970, which indicated that Mayor Ksael had requested that the City Council discuss the possibility of amending the Zoning Ordinsaceto require Conditional Use Permits for all uses in the Highway Commercial Zonea where the Highway Comnercial Zones are located within 150 feet of any R Zone. The report further indioated that the Planning Department has initiated a study on this matter, however, the complete report is not available at this time. Mayor Ksael suggested that the City Council could, by UrEency Ordinance, require a Conditional Use Permit for all uses in a Highway Comnercial Zone where the zone is located within 150' of a Residential Zone, Councilman Ksaode stated that he failed to see the urgency of the situation, sad indicated that an Ordinance of this nature would create much difficulty for businesses. lie further indicated that perhaps the Highway Covem~rcial Zoning should be studied; however, the matter should be conducted properly, with Public Hearings, afterwhich a determination would be made. Mayor Kanel indicated that an Urgency Ordinance might be needed to protect certain properties, such as that which abuts the Coelho property, which was recently declared a public nuisance, from another use which might be detrimental. Mrs. David Ginns, 4573 Rainier Drive, Cypress, addressed the Council stating that she considered an Urgency Ordinance te be a necessity. She indicated that many additional citizens from her neighborhood had come to the Council meeting to testify, however, had to leave due to the hour. Mrs. Ginns thsa requested that the list of uses which are included in the uses permitted in a Highway Commercial Zone be read. Councilman Roberrs indicated ~hat perhapsan Urgency .Ordinance would be considered more favorably at the next meeting of the City Council, sad further indicated that be felt that all members should be present. It was moved by Councilmam Robarts and seconded by Councilma~ Kenode to continue this matter to the meeting of the City Council scheduled for August 10, 1970. Mrs. David Ginns then addressed the Council urging the adoption of an Urgency Ordinance at this evening's meeting. - 10 - City Council Minutes July 27, i970 In response to an inquiry from Councilman Lacayo, MayorKanel indicated that without an Urgency Ordinance, the City Council would have no control or appeal should a business which could be considered to be an undesirable one locate on the subject property, if it met the conditions of the zone. Mr. Tony Dragonetti, 4472 Via Linda, Cypress, addressed the Council stating that the City should never have allowed the Larwin Company to develop property fCr a residential area in such a location, knowing that the property would abut Lincoln Avenue. Mr, Dragonetti urged the Council to take every precaution to assure that samething of this nature would not happen in the future. Dr. Wednet, 4543 Rainier Drive, stated that he is not against businesses, however, feels that something must be done to protect the citizens in his neighborhood. Cotmcilmam Kenode stated that both sides of Lincoln Avenue is zoned Highway Co~nercial, and that all of the property must be treated equally. He stated that the Council would have an opportunity to take action after reviewing the results of the study which is being conducted by the Staff. Dr. Shapiro, 5294 Vista Del SOl, Cypress, addressed the Council stating that he felt that immediate control is necessary. Mrs. Georgette Wednet.addressed the Council indicating that the Council should enforce restrictions on the area while there is the opportunity, and then listed several of the businesses which abut her neighborhood. Mr. Jack Leneker stated that the concerned citizens could form a corporation and purchase the land, which would then give them the opportunity to determine what its use would be. At the request of Mayor Kanel, the Assistant City Attorney then read the list of uses allowed in a Highway Comnercial Zone. Councilman Lacayo indicated that citizens in a Residential zone should be protected. At this time, Councilum Roberrs stated that he had moved to continue this matter because he felt that there was nothing that had to be done immediately and that could not wait for two weeks; however, after listening to the testimony, it was his opinion that the request of the citizens was a valid one, and therefore, be would be voting against his motion to continue this item. The motion failed to carry by the following roll call vote: AYES: 1 COUNCILMAN: Kanode NOES: 3 COUNCILI~N: Lacayo, Robarts and Kanel ABSENT: 1 COUNCILMAN: Harvey In response to inquiries from Councilmem Roberts, the Assistant City Attorney stated that passageof an Urgency Ordinance would require a 4/5 vote by the City Council; however, a 4/5 vote would notbe required to initiate a permanent zoning ordinance. The City Manager stated' that the Assistant City Attorney suggested as an alternative to an Urgency Ordinance, a directive to the City Manager to withold the issuance of Building Permits on the subject property. As a result of this suggestion, it was moved by Councilman Roberrs aid seconded by Councilman Lacayo to direct the City Manager not to issue any Building or Use Permits for the subject property between the present time and the next regularly scheduled meeting of the City Council. The Assistant City Attorney expressed concern regarding the legality of the motion. - 11 - City Council Minutes July 27, 1970 Councilman Roberrs stated that the Council had not addressed themselves to the problem at hand, and urged that each City Councilman take a position in reference to the issue and proceed with the remainder of the agenda. Councilman RobeTEe and Councilman Lacayo withdrew their motion~ It was moved by Councilmm~ Roberrs and seconded by Councilmam Lacayo to read the following Urgency Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYE S: NOES: AB SENT 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kanode, Lacayo, Roberrs and Kanel None Harvey Title of the Ordinance is as followe: ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CYPRESS REQUIRING CONDITIONAL USE PEI~MITS FOR PROPERTIES WITHIN A HIGHWAY CObfiqERCIAL ZONE WITHIN 150~ OF A RESIDENTIAL ZONE, TO BE EFFECTIVE FOR A PERIOD OF 90 DAYS~ It was moved by Councilman Roberrs and seconded by Councilman Lacayo to = adopt the Urgency Ordinance. The motion failed to carry by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, Roberrs and Kanel NOES: 1 COUNCILMAN: Kanode ABSENT: 1 COUNCILMAN: Harvey It was moved by Councilman Kanode to continue this matter to the next meeting of the City Council in order to allow time for the study to be presented, and for all members of the City Council to be present. Councilman Kanode's motion died for lack of a second. Following further discussion it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimouely carried to continue the consideration of this matter after other items on the agenda have been coneidered. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM MR. WILLIAM H. KRAUS~ CITY MANAGER OF LOS ALAMITOS, REGARDING WES~EEN ORANGE'COUN.TY,.CITiE'~.S.T.E.E.R. ING COMMITTEE }~ZTING: The City Manager reviewed a report dated July 23, 1970, which indicated this matter had been continued from th~ regular meeting of the City Council of July 13, 1970 to allow Mayor Kanel to be present. It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to appoint Mayor Kanel as the City's representative to the Western Orange County Cities Steering Committee to plml the mooring of September 17, 1970. CONTINUATION OF CONSIDERATION OF FINAL REPORT--CYPRESS LIGHTING DISTRICT N0. 2: The City Manager presented a report dated July 22, 'i'70, whic~ fndicated that consideration of the Final Report for Cypress Lighting District No. 2 was continued at the meeting of July 17, 1970 since the assessed valuation of lands was not available from the Assessor's office in time to submit to the Council with the report. Contained in the report is a comparison of Lighting District assessment charges for the years 1969, 1970, and 1971, which indicates a substantial decrease in the rate per $100.00 of assessed valuation, and indicates that the per parcel assessment for an average home should be less for 1970 because of the decrease in the rate per $100.00 from 62¢ to 44¢. - 12 - City Council Minutes July 27, 1970 It was moved by CounCilman Lacayo and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1091 A RESOLUTION OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FURNISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1971 THROUGH DECEMBER 31, 1971, PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919." The za>tion was unanimously carried by the following roll call v~te: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONTINUATION OF CONSIDERATIOn. OF AMENDMENT TO PERSONNEL ~SOLUTION--VACATION: The City Manager presented a report dated July '2'~, 19~6 'which 7~dicated that the 1970-71 Salary and Fringe Benefit recommendations, which were presented to the City Council during the recent budget sessions, included a recows~ndation to change the City's vacation policy to provide for employees to accrue twelve (12) days of vacation after two full years of employment. The report further indicated that. for,,-1 implementation requires an amendment to the City's personnel Resolution. It was moved by Councilman Lacayo and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1092 A REBOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 703 RULE XI., SECTIONS 5 AND 6 CONCERNING METHOD OF C01~UTATION OF VACATION FOR EMPLOYEES OF THE CITY OF CYPRESS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF 1970 WEED AND RUB.BISHASATEMBNT PROGRAM--PROPOSED ABATEMENT OF ~EASONAL AND RECURRING WEEDS: The City Manager pre~ented'a repo~t 'd~ted July 2~, ~1970 from the Public Works Director which indicated that since the wed abatement work covered by the Spring contract has ben completed, it will he necessary to advertise for bids for the removal of seasonal and recurrAn8 weeds, which recent inspection of vacant parcels within the City indicates is necessary, as there is a substantial recurrent growth of tumble weeds and other weeds. Following discussion, it was moved by Councilman RobartS and seconded by Councilman Lacayo to approve the specifications for the removal of seasonal and recurrent weeds and to authorize the advertising for bids with the bids - 13 - City Council Minutes July 27, 1970 to be received in the office of the City Clerk at 10:00 a.m. on August 19, 1970. The u~tion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs end Kanel None Harvey CONSIDERATION OF RESOLUTION OPPOSING ASSEMBLY BILL 1320 RELATING TO DIVERSION OF GASOLINE TAXE'S: The City Manager presented a repor~ 'a~ed July 23, 1970 which stated that the City Council at its regular meeting of July 13, 1970 requested the city Manager to prepare a resolution opposing Assembly Bill 1320, which proposes to divert gasoline taxes to education programs. The report further stated that this action was prompted by a request from Senator Randolph Collier in a comunication dated June 29, 1970o It was moved by Councilman Lacayo and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1093 A~LUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING ASSEMBLY BILL 1320 WHICH PROPOSES TO DIVERT GASOLINE TAXES TO EDUCATIONAL PROGRAMS. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel NOES: ~ COUNCILMEN: None ABSENT: 1 COUNCILM~: Harvey CONSIDERATION OF RESOLUTION OPPOSING SENATE BIL. LS 6951601t .A~.D ~54 WHICH ESTABLIISH MANDATORY FRINGE BENEFIT ~qUIREMENTS FOR POLICE OFFICERS: The City Manager prosentente repo~ 'which indicated '~h~ 'the Ci~ COuncil at its regular mseti~lg of July 13, 1970 requested the City Manager to prepare a Resolution opposing Senate Bills 695, 601 and 941 which interfere with the right of local government to establish levels of police services and benefits. The report further indicated that the arguments which are outlined in the Resolution are those which were developed by the League of California Cities, which is on record in opposition to these measures. It was moved by Councilmm~ Roberrs and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING SENATE BILLS~695, 601 AND 941 WHICH INTERFERE WITH THE RIGHT OF THE LOCAL GOVERNMENT TO ESTABLISH LEVELS OF POLICE SERVICE AND BENEFITS o The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF EXTENSION OF CONTRACT WITH THE CYPRESS CHAMBER OF CO}MERGE: The City Manager reviewed a report dated July 23, 1970, which indica~e~ that the City Council at its adjourned regular meeting of June 23, 1970 approvod an extension of 30 days of the contract with the Cypress Chamber of Commerce, which will expire on July 31, 1970. The report explained that the extension of time is to allow for additional council committee meetings with the Chamber of Com~nerce. - 14 - City Council Minutes July 27, 1970 Itwes moved by Councilman Leteye and seconded by Councilman Kenode to approve e 30-day extension oflthe contract between the City and the Cypress Chamber of Co~nerce ~n the gems terms and conditions as the existing contract to expire August 31, 19700 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMAN: Kenode, Laceyo, Roberrs and Kanel None Harvey CONSIDERATION OF EXTENSION OF TIME FOR LEGAL ADVERTISING CONTRACT TO THE NEWSPAPER: TheC~y Mana~presented a're~ort da~ed Juiy '23, i9~d~hich indicated ehet' the City Council st its adJourned~regular meeting of June 23, 1970, authorized the Staff Co continue to utilize the Cypress New Enterprise for City legal publications for a 30-day period to expire July 31, 1970. The report stated that the continuation was to allow additional time for the City Attorney to review the need to advertise a contract for newspaper advertising which had been requested by the Cypress News Enterprise° The report further stated that the legal opinion is now complete, and a request has been made for a bid to be presented from the Cypress News Enterprise which would beTsviewed along with bids previously received, and that s full report and reco~m~endation will be available for the City Council meeting of August 10, 1970. It was moved by Councilman Lacayc 'and seconded by Councilman Kenode to authorize the Staff to utilize the Cypress News Enterprise for City legal publications for an additional period of 15 days to expire on August 15, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 C81TNCILMEN: ABSENT: 1 CO~3NCILMAN: Kenode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF APPOINTMENT OF PLANNING COmMiSSIONERS: The City Manager reviewed a report dated JUly 23, 1970, which indicated that the terms of the Planning Commission Chairmam, Robert Cardoze and Planning Commissioner Ricker will expire on August 5, 1970. The report further indicated that both men are eligible for reappointmsnt. The report stated that the City Attorney has advised that if the Mayor does not fill these appointments prior to their expiration dates, the incumbent Comissioners will remain on the Commission until reappointed or replaced. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue this item to the next regular meeting of the City Council, scheduled for August 10, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo. Roberrs and Kanel None Harvey CONSIDERATION OF CITY MANAGER'S REQUEST FOR VACATION: The City Manager presented a report dated July 23, 1970, which indicated that on July 1, 1970, the City Manager became eligible for a 15-day vacation, and that it is requested that the City Council authorize the City Manager to take 2 days of this vacation on Tuesday, July 28 and Wednesday, July 29, and the remaining 13 days to be taken on August 24th through September 14th~ It was moved by Councilman Lacayo and seconded by Councilman Kamodeto authorize the City Manager a vacation as outlined in the report. The motion was unanimously carried by the following roll call vote: - 15 - City Council Minutes July 27, 1970 AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kanode, Lacayo, Roberrs and Kanel None Harvey CONSIDERATION OF T~E EMPLOYMENT 0F .P~Oy~S~Q~.A~..POL~qE 0.FFICERS: The City Manager reviewed a report dateS July 27, 1970, which indicated that the Police Chief is requesting authorization to employ provisional police officers to be used for policing the Los Alamitos Race Track, with the entire cost to be reimbursed by the Los Alamitos Race Tracko The report further indicated that the Race Track Officials are in full accord with this program and have agreed to the reimbursement schedule0 In response to an inquiry from Councilmem Lacayo, Chief Savord explained that the provisional officers would be highly qualified persons, perhaps retired police officers~ It was moved by Councilman Lacayo and sec~nded by Councilman Kenode to authorize the City Manager to employ three provisional police officers for the purpose of policing the Los Alamitos Race Track as outlined in the report from Police Chief Savord, dated 3uly 21, 1970. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Roberts and Kanel None Harvey CONSIDERATION OF APPROVAL OF COFMERCIAL WAPd~ANT LIST FOR WARRANTS NO. 24542 THROUGH 2'4~49:' it was m~ved'b~ Coun~ilm~n'Lacd~d ~na seconded by CounciimanRoberts to approve the Co~nercial Warrant List for Warrants 24542 through 24649 in the total amount of $157,271o17~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN.o NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN.~ Kenode, Lacayo, Roberrs and Kanel None Harvey ORAL COMMUNICATIONS: Mr~ Jack Leneker, 4504 Middlebury Circle, Cypress addressed the Council stating that he felt there was a strong anti-business feeling within certain areas of the community° He urged that a businessman be given representation on the Planning Commission ~ RECESS: Mayor Kanel declared a recess a= hO0 a~m. The meeting was called back to order at 1:10 a.m~ with the following Councilmen present: PRESENT: Councilmen Kenode, Lacayo, Roberrs and Kanel ABSENT: Councilman Harvey CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE .REQUIRING CONDITIONAL USE PERMITS IN ..H. IGHW. A.Y ,d.0'.~Rdi~L Z.ON.E.S (Continued) .~ It was moved by Councilman Roberrs and seconded by Councilmen Lacayo to read by title the following Urgency Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Roberrs and Kenel None Harvey Title of the Ordinance is as follows: City Council Minu~es July 27, 1970 ORDINANCE NO. 437 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS TEMPORARILY PROHIBITING THE ISSUANCE OF ANY BUILDING, GRADING, OR CONDITIONA~ USE PERMIT ON CERTAIN PROPERTY FOR A PERIOD OF NINETY DAYS. It was moved by Ceuncilman Roberrs and seconded by Councilman Lacayo :to direct the Staff to include the particular property in question in its study. The m~tion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Robarts and Kanel None Harvey It was moved by Councilman Lacayo and seconded by Councilman Roberrs to adopt Urgency Ordinance No o 4370 Councilman Kenode stated that he will, reluctantly, be voting in favor of the adoption in order to acco~nodarethose citizens which have expressed deep concern; however, he indicated that it will be his full intent to make a motion to rezone the particular property as soon as possible. Councilman Roberrs commended Councilman Kanode's action, and stated that in hie opinions it indicates that the City Council is looking after the best interests of the comumity. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Kenode, Lacayo, Robarts and Kanel None Harvey ADJOURNMENT: It was moved by Councilman Lacayo, seconded by CounciJ~n Roberrs and unanimously carried to adjourn at 1:18 aom, to 3:00 p.mo on August 10, 1970. ATTEST: OF CYPRESS - 17 -