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Minutes 70-09-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 28, 1970 The regular meeting of the Cypress City Council was called to order at 4:00 pom., on Monday, September 28, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Fanel presiding. PRESENT: Councilmen Harvey, Lacayo and Kanel ABSENT: Councilmen Kenode and Roberrs Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erlckson and the following members of the City Staff: Dunlap, Poertner, Putnam, Grissom, Burgin, and Coakley. STAF pORTS AND DISCUSSXON : At the request of the City Manager, it was mved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to place the consideration of a request from Mr. Ray Mendora, Chairs-, Octoberfeet Rally Committee, for a fireworks display to be held at the Los Alamitos Race Track, on the agendaat this time, It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to grant the request of the Octoberfeat Rally Committee for a fireworks display to be held on October 24, 1970, provided the application is filed by the property owner, conforms to the provisions set forth in the City Code, and meets with the approval of the Fire Marshall's office. The City Manager then stated that a one man art exhibi~ is scheduled to beheld at the Civic Center on October 4, 1970, and since this will be a non-profit event, perhaps the City Council miSht wish to consider waiving the fees for the custodial service that day. It was moved by Councilman Harvey, seconded by Councilmm~ Lacayo and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilmen Lacayo to waive the custodian fee, which would normally be required by the exhibitor, for October 4, 1970. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Harvey, Lacayo and Kanel None Kanode and goberrs COUNCILMAN ROBERTS ARRIVED AT 4:15 P.M. AND TOOK HIS PLACE ON THE PODIUM. The City Manager then reviewed the various items contained in the Progress Report, At the request of Mayor Kanel, it was moved by Councilmm~ Harvey, seconded by Councilman Lacayo and unanimously carried to place the consideration of a letter of commendation in honor of Cypress American Legion Post 295 for winning the State award for its annual Law and Order Banquet for the third consecutive year, on the agenda at this time. It was moved by Counci],~- Harvey, seconded by Councilman Lacayo and unanimously carried to direct the Staff to draft a letter of commmndation in honor of the Cypress American Legion Post 295 achievement relative to its annual Law and Order Banquet~ City Council Minutes September 28, 1970 E. .C.UTIFE SESSION: It was moved by Councilman Lacayo, seconded by Councilmen Roberrs and unanimously carried to go into an Executive Session to discuss a metter of personnel at 4:23 p.m. The meeting was called back to order at 5:15 p.m. RECESS~ It was moved by Councilman Harvey, seconded by Councilmen Lacayo and unanimously carried to recess at 5:16 p.m. until 7:30 p.m. CALL TO ORDER: The meeting was called to back to order at 7:30 p.m., on Monday, September 28, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs and Kanel ABSENT: 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, Savord, Coakley, Burgin and Grissom. PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop 1656 led the City Council and audience in the Pledge of Allegiance. CONS~D~R4~OM OF .THE ADOPTIO~. OF .A RESOL.UT~Q~ COMMENDING EAGLE SCOUT JEDY plCKERSON: It was moved by Councilman Roberrs a~a seconded by 'Councilman Lacayo to aa&pt the following Resolution by title only, title as follows: RESOLUTION NO. 1103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT JEDY DICKERSON ON ACHIEVING THE RANK OF EAGLE SCOUT. 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 CONSIDERATION OF THE AWARD OF CONTRACT--OR~N. GE AVENUE..STREET..IM~.ROVEMENT~ PROJECT #7003-10-051~"~ dity 'Manager presented a report dated September 22, 1970 from'th~ ~ub~'ic Works Director, which outlined the bids received by the City for the improvement of Orange Avenun, Project No. 7003-10-0514. The report further outlined the improvements to be constructed and the funding of the proJect~ Following discussion, it was moved by Councilmen Harvey and seconded by Councilman Kenode to approve the plans and specifications for improvement of Orange Avenue, Project Noo 7003-10-0514. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNCILMEN: HarVey, Kanode, Lacayo, RoberOs and Kanel None None -2 - City Council Minutes September 28, 1970 It was moved by Councilman Lacayo and seconded by Councilman Harvey to award a contract for construction of Orange Avenue, Project No. 7003-10-0514, to the Mark Construction Company, P.O. Box E.A., Garden Grove, California, at the contract bid prices in the proposal in the total amount of $180,674.34, which was the lowest and best responsible bid received. 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 Lacayo and seconded by Councilmen Kenode to authorize the Mayor to sign the right of way certification and the City Clerk to attest to his signature. 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 ORAL COM~/NICATIONS: In response to an inquiry from Dr. Wedher, 4543 Rainier Drive, Cypress, the City Manager reviewed the status of the Urgency Ordinance and study which is being conducted regarding the zoning of the Coelho property, located on Lincoln Avenue, east of Denni Street, Mrs. Sharron Pritchett, 5775 Stratmore, Cypress, addressed the Council stating that the residents in her area are quite concerned due to the amDunt of flies in the neighborhood, In answer to an inquiry from Mayor Kanel, Mrs~ Pritchett indicated that she did not know whether or not the problem had been reported to the City Staff or to the Orange County Health Dep~rtment. Councilman Harvey indicated that a similar problem exists in his tract, and that he had also received complaints from residents in the vicinity of Rome Avenue and Walker Street. The City Manager stated that the City Staff will call the Orange County Health Department, and indicated that they will send an inspector to investigate the areas in question and determine the source of the flies. Councilman Laceyo requested that the Orange County Health Department also be informed of a fly problem which exists at the Pace- setter homes located near a chicken ranch at Walker and Orange Avenue. Mrs~ Prltchett then indicated that a situation which could be hazardous to children exists at the end of Stratmore Street, due to the installation of three strands of barbed wire fencing at a dairy. In responseto an inquiry from Mayor Kanel, the City Attorney stated that restrictions as to the types of fences which can be installed in the City are contained in the Code, and that if this particular fence violates the Code provision, the problem can certainly be resolved~ The City Manager Indicated that his office would work with the City Attorney's office relative to resolving this problem. Mr~ Victor Snook, 4603 Rainier Drive, Cypress, addressed the Council questioning whose ~espcnsibility it is to maintain the parkway property which surrounds the Greenbrook tract at Lincoln and faces Denni Street. Mr. Shook indicated that the La~'win Company had maintained the area while they were constructing homes; however, at the present time it appears that the property is not being properi~ maintained. In response to an inquiry from Mayor Kanel, the City Attorney advised chat parkways are City responsibility, whereas, the Assistant City Englneer indicated that the Public Works Department would resolve this problem. -3- City ~e~l Minutes September 28, 1970 Mrs. Susan Crouthamel, 10181 Saltair Drive, Cypress, addressed the City Council stating that due to recent strong winds, her grape-stake fence~ which is between her property and an older development, collapsed in her neighbors yard and has since been propped up. Mrs. CrQutha-~l indicated that her home was construct- ed by the J. W. Klug Company approximately three months ago, and wondered whether or not they would be responsible for the fence. The City Attorney advised that if it has been one year from the date of purchase of the homo, the responsibility would be with the Klug Company. Discussion ensued relative to problems with fencing which are being encountered by other residents in the tract. In Answer to an inquiry from Councilman Roberrs, the Planning Director stated that a perimeter wall is required when a subdivision abuts a major arterial highway and when one property zoning classification abuts another property of an unsimilar zone. Mre~ Crouthamel further indicated that she was concerned over the fact that her back yard was elevated, and questioned whether or not a retaining wall should have been constructed, and whether there would be problems with drainage. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to direct the City Staff to study the problems of fencing in the Pacesetter tract at Walker Street and ValleyView Boulevard, and the back yard elevation at Mrs° Crouthamel's residence, and to report back to the City Council at its next regular meeting. 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 Recommendation on the Administrative Report concerning this matter. He 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 reco=mendations which were outlined in the reports~ It was moved by Councilman Lacayo, seconded by Councilman Robarts and unanimously carried to approve Items No. 3, 4, 5, 6 and 7 on the consent calendar. Item No. 3: Application for an Off-sale beer and wine license--Thrifty Drug Store, 9851 Walker Street. Recommendation: Receive and fileo Item Nc~ 4: Invitation to attend Orange County Economic Outlook Conference on October 8, 1970~ Recommendation: That the City Council authorize the Mayor and members of the City Council who are able to attend this conference reimbursement for actual and necessary expenee8~ Item Noo 5: Consideration of request from Senator Rsndolf Collier to oppose Senat~ donstitutional Amendment No. 18, which authorizes the use of Gas Tax Funds for mass transit systems and control of environmental pollution caused by motor vehic~eso Pacommendation: Receive and file. -4- City Council Minutes September 28, Item No~ 6: Consideration of a request for school program of collecting newspapers° Recommendation: That the City Council authorize the City Manager to forward copies of the comunication to the appropriate elementary and high school district officials. Item.No...7: Certification of Employment List for Principal Engineering Aide~ Recommendation: That the City Council certify the Employment List for P~fn~ipai En'gineering Aide. PUBLIC HEARING RE: CONS!DERAT!O~ .QF .~HE MODIFIqATIO~ QF .qO~ITIONAL USE PERMIT NO. C-219--GARSON.INC~ FO~Iq SI~ LAND.COMPANY: The Mayor announced that this was the time and place for the Public Hearing to consider the Modification of Conditional Use Permit No. C-219. The Mayor declared the Public Hearing open and requested the Staff to present · ts reportso The City Manager presented a report dated September 24, 1970, which indicated that the Public Hearing has been scheduled to consider the revocation and/or modification of a Conditional Use Permit to allow for the storage and sale of trucks on property located at 4614 Lincoln Avenue. The report further indicated that the affidavits of posting, publication and mailing of notices are on file in the office of the City Clerk, and no communications regarding this matter have been received, Ihe Planning Director then presented Planning Staff Report, PC#70-94, dated September 17, 1970, which stated that on May 11, 1970, the City Council directed the Planning Comnission to proceed with hearings relative to the revocation of Conditional Use Permit No. C-219. The report then outlined what had nranspired at the Public Hearings held by the Planning Com~ssion relative to this item, and the recommendation of the Planning Co~ssion, whichwas that the City Council not revoke the Conditional Use Permit, but that the Conditional Use Permit be modified subject to conditions, which were also contained in the report~ The Planning Director than presented the Comcil with photographs of the property, taken before and after various conditions had been complied with. In answer to inquiries by Councilman Roberrs regarding the first condition contained in the Planning Staff report which recommends asphaltic concrete, the Assistant City Engineer stated that studies which had been conducted by the Engineering Department relative to this issue, indicated that aspbaltic concrete would hold up quite well and would be acceptable for use for the trucking operation. He further stated that portland cement concrete would be extremely expensive. In zesponse to an inquiry from Councilman Roberrs, the Planning Director indicated that the City does not have a landscape architect on its Staff who could approve or disapprove landscaping plans submitted by the property owner. He s~ated Chat in this particular case, a plan for landscaping has been developed by a landscape architect~ In answer to an inquiry from Councilman Harvey, the Planning Director stated that the applicant did testify at the Public Hearings, which were conducted by the Planning Commission, that he would not again stack the trucks; however, it was non ~peciiled as a condition. Mr~ Jess Harrelson, owner of Garson Incorporated, addressed the Council requesting a continuance of the Public Hearing. In response to an inquiry from Councilman Lacayo, Mr~ HartsiMon stated that he was not prepared for the Public Hearing at this time, as he had recently acquired full ownership of the business, which has taken a considerable amount of time, and further stated that two weeks would allow him time in which to be prepared, -5 - In answer to a question from Mayor Kanel, the applicant stated that he objected to some of the conditions; however, would try to comply with them if it is determined to be necessary. In response to a questio~ from Councilman Kenode, the City Attorney advised that the Council could grants continuance of the Public Hearing for a period of forty days; following which, the applicant could consider an inaction on the part of the City Council as a denial of the Conditional Use Permit. Mr. Victor Shook addressed the Council stating that he felt that the owner had been given sufficient time in which to prepare for the meeting, and that he would be opposed to the cantintents of the matter. Mr. Snook further stated that a resident within 300 yards of the property in question, Mr, Jim Cartar, was not notified ofthislPublic Hearing, to which the City Attorney advised, that only the recorded owner of the property receives notification of the Public Hearings, Following further discussion, Councilman Harvey indicated that from the testimony which he had heard this evening, and due to the fact that Mr. Harrelson had indicated that business was poor, he would have no objection to a two week delay. He further indicated that hefelt that a condition should be added to the list of conditions, which were imposed by the Planning Commission, which would prohibit the double stacking of the trucks on the area south of the proposed wall, so as not to constitute an invasion of privacy. Councilman Roberts suggested that a specific time plan be added to the Permit in order that the City would have a measure to review the property and to assure that conditions are being coglied with. Dr. Wednet addressed the Council stating that the residents in the area are not trying to run Mr~ Harrelson out of business, however, they do object to the operation of the trucks during the late hours of the evening. In response to an inquiry from Councilman% Roberrs, Mr. Harrelson stated that the trucks have only been started on one occasion after dusk, and that his business is usually closed at 6:00 p.m. Following discussion, it was moved by Councilman Harvey and seconded by Councilman Lacayo to continue this Public Hearing to the meeting of the City Council scbeduled for October 13, 1970. The motion was unanimeuely carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None RECESS: Mayor Kanel declared a recess at 9:00 p.m. The meeting was called back to order at 9:20 pomo, with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT NO. C-236--SANBERG A~D LEB~NOFF, (~oPER~Y OWNERS): The M~y~'ann6~c~d this was t~ '~e ~nd place for the 'P~bii~' ~earing '~ consider the construction of a twenty-three unit apartment building, located at 6191 Orange Avenue, requested by Sanberg and labanoff, 736 W~ First Street, Tugtin, California. The Mayor declared the Public Hearing open and requested the Staff to present their reports~ The City Manager reviewed a report dated September 24, 1970, which indicated that the affidavits of posting, publication and mailing of notices are on file -6 - City Council Minutes September 28~.1970 ~'G in the office of the City Clerk, and no comunications regarding this -miter have been received. The Planning Director presented Planning Staff Report PC#70-93, dated Septenter 17, 1970, which stated that the Planning Commission, at its meeting of September 3, 1970, reconmmnded approval of Conditional Use Permit No. C-236, and then listed the conditions which were stipulated. The Planning Director then pointed to the subject property on the aerial map, and displayed a rendering of the proposed multiple-unit complex. Councilman Roberrs commented that many times a continuous roof-line can be monotonous, and indicated that he would prefer it to be broken as shown in the rendering, to which Council~mn Harvey agreed. In answer to an inquiry from Councilma~ Hamy, the Assistant City Engineer indicated chat there would be at least a 300 foot visibility in both 'directions upon entering or exiting the driveway. The street and landscape treatment planned for Orange Avenue was discussed, and Councilman Roberrs stated that he felt that this particular development should tie in.with the ultimate plan for Orange Avenue. Mr~ Steve Sanberg, 736 West First Street, Tuetin, CQlifornia, addressed the Council requesting clarification on Condition No. 14, which concams the treat- ment of the canopy tile. Mr. Sanbar8 indicated that he had not had any feelings from the Planning Co~:nission meeting whatsoever, that the roof-line was to be continuous. Mayor Kanel then advised Mr, Sanberg that it was the general opinion of the City Council that they would prefer the canopy effect as sho~z~ in the rendering. In response to an inquir7 from Councilman Roberts~ the applicant stated that there will be solid tile on the roof line in the interior court. He further stated that at the northeast .side of the development, facing the Cypress College, there would be a 30 foot parapet wall capped in mission tile, which would extend above the flat roof. In answer to further inquiries from Councilman Roberrs. the applicant indicated that the block wall fencing would be of a stucco texture, identical to that of the building, and that the entire project will be of a spanish texturing. With regard to the canopy treatment, Councilman Roberrs indicated that the proposed elevation appeared to be acceptable provided it was sufficiently strong. Following discussion regarding the wording of Condition No. 14, Mayor Kanel declared the Public Hearing closed. It was moved by Councilm~m }larvey and seconded by Council~ Roberie to approve Conditional Use Permit No. C-236, subject to the following conditions: A concrete block wall shall be constructed along the periphery of the subject property, color and type to be approved by the Planning Director ~ The wall shall be compatible with the design of the building. Drainage shall be solved to the satisfaction of the City Engineer. 3~ ail drainage fees shall be paid. Orange Avenue shall be improved in accordance with City standards. 5. Advance street light energy char~es shall be paid. -7- City Co'dficfl Minutes September 28, 1970 10. 11. 12. 13. 14. 15. 16. 18. 21. 23. 24. Street lights shall be installed per City standards. Street trees, 15-gallon size, shall be installed per City standards. All utility service shall be underground. Plan check and inspection fees amounting to 3~% of the street improve- ments shall be paid. Fire hydrants shall be installed in accordance with fire department requirements. Landscaping shall be designed by a licensed landscape architect and shall be designed for the whole site. The interior court and recre- ation area, along with the open parking area, shall have the same con- sideration on landscape treatment as the front yard area. The site and landscape plan shall be reviewed by the Planning Department prior to the occupancy of the building. The building shall meet Fire Zone 2 building requirements. Treatment of the canopy tile in front shall be subject to final approval by the Planning Director, Trash areas shall be enclosed and the trash area shall be screened from public view. There shall be decorative wall treatment to screen the property along the westerly property line as indicated on the plot plan and rendering· There shall be at least one covered parking space for each unit and each carport shall include a locked storage unit. Mechanical equipment or other utility hardware on the roof, ground orbuildinge shallbe screened from public view with materials harmonious with the buildings, or they shall be located so as not to be visible from public ways, Exterior lighting shall be part of the architectural concept with fixtures standard and all exposed accessories harmonious to the building design. Sound proofing and/or insulation materials shall be used within the walls which separate the individual swelling units from its adjacent common-wall neighbor or the external environment. The rear carports which face the interior court shall be designed so as to be more attractive and compatible with the whole wall design and shall be approved by the Planning Director. The Planning Director shall approve the plans before occupancy will be approved. Doors shall be added to the first eight carport spaces (those carports visible from Orange Avenue). Landscaping in the front ~ along Orange Avenue, shall be in conformante with the Urban Townscape landscape criteria. -8- City Council Minutes September 28, 19'76 ~i~-? The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None In response to an inquiry from Councilm~a Roberrs, the Planning Director stated that an additional set of plans was available to the Planning Commission at its Public Hearing relative to this matter; however, the Commission did not discuss them or consider them. He indicated that the Planning Commission based its decision on the rendering and the plot plan which was submitted. In answer to a question from Councilman Roberrs, the City Attorney advised that plans which have been presented, but not discussed as a part of a Public Hearing on a Conditional Use Permit, would be considered a part of the application as far as binding the applicant to those plans, to the extent that the plans are relative to the conditions that could have been iu~osed as a condition to the Conditional Use Permit. COMMUNICATION FROM THE CITY COUNCIL OF THE CITY OF COSTAMESATRANSMITTING A COPY 'OF 'X '~E~ON 'URdiNG THE ESTAB~iSRe~T .0F ~dONDIT!O~$ ~ING T.0 E~G~NEERIN~ AiTD!~CHNiCAL CHANGES iN JET AIRCRAFT TO REDUCE NOISE AND AIR POLLUTION: The City'~anager'~ev~4wed ~ report dated 'Sepde~4r'2~, '1976,'WhlCh indicated the City has received a communication dated September 1, 1970, from the City Council of the City of Costs Mesa, transrmttting a copy of a Resolution urging the Orange County Board of Supervisors to establish conditions relating to engineering and technical changes in Jet aircraft to reduce noise and air pollution. It was moved by Cou~cilmm~ Kanodeand seconded by Councilma~ Harvey tha~ the City of Cypress correspond with the City of Costs Mesa encouraging that City's representative to the Orange County Division of the League of California Cities to present this matter to the League for their consideration. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None Cq . IqATIQN .F OM THE CITY OF q.A D. EN GROVE RECOMMENDI q .SUPEqR ..Fq.R LIMITATION OF ONE YEAR TERMS FOR LEAGUE OF CITIES OFFICERS: The City Manager presented a repo~'aeted September 24, 1970, which indicated the City has received a communi- cation dated September 17, 1970, from the City Council of the City of Garden Grove requesting support of a recommendation which has been submitted to the Orange County Division of the League of California Cities, recommending that elected officers of the League be limited to one year terms of office, Following discussion, it was moved by Councilman Kanode and seconded by Councilman Roberts to receive and file this communication. The motion was unanimously carried bF the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Robarts and Kanel None None COI,4LrNICA~IION FROM THE CITY OF LOS ALAMITOS REQUESTING PARTICIPATION IN THE COST OF 'A CRO~S.]~.G GUARD AT BLOOMFIE~D. '. .A~D. B.A~.L .ROA~..: The City Manager reviewed a repoxt dated September 2~ 1970, which indicated the City has received a conmaunicatlon dated September 22, 1970, from City Manager William Kraus of the City of Los Alamitos, which outlines problems of providing Crossing Guards by the -9- Cit~hcil Minutes September 28,- 1970 City of Los Alamitos due to recent elimination of the school bussing program in that City. The communication suggests that the existing Crossing Guard at the Jefferson School on Bloomfield Avenue, which serves a portion of the children from Cypress attending that school, will be eliminated effective October let, and suggests that the City of Cypress consider the placement of a Cuard at that location or as an alternate solution, providing mutual assistance funds to the City of Los Alamitos to continue the present Crossing Guard service. It was moved by Councilmsm Kenode, seconded by Councilman Harvey and unanimously carried that the City Manager request the City of Los Alamitos to continue to providethe Crossing Guard at the Jefferson School on Bloomfield Avenue with the understanding that the City of Cypress will assume a proportionate share of the cost of this guard service. CONTINUATION OF CONSIDERATION OF REPORT ON APPEAL PERIOD AND PROCEDURE FOR PLAN~ING COI~4I~SiO~ "~dI~I0~S:"'Th~ ci~ 'M~na~r i~d~c~d '~hat 'He had not had an oppo~unily 's~nae t~e 'last meeting of the City Council to pursue this particular report, and requested the Council to consider continuing this item to its regular meeting of October 13, 1970. It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to continue this matter to the next regular meeting of the City Council scheduled for October 13, 1970. CONTINUATION OF CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE NO. 90--HOME OCCUPATfeN PERMITS: '~4e City'Manager p*esenta~'a report dated September 8, 1970, wh~ 'indicated the amendment amending the Zoning Ordinance relative to Home Occupation Permits would allow the Planning Director to issue Home Occupation Permits after holding a Public Hearing. The report further indicated that the intent of the amendment is to allow the Planning Commission an opportunity to devote more time to comprehensive zoning and planning problems of the community. In response to an inquiry from Councilman Harvey, the City Manager indicated that the Ordinance would provide for an appeal of a decision, probably with the Planning Commission serving asthe appeal body. He further indicated that the appeal could be brought before the City Council, should it so desire. In answer to a question from Councilman Roberts, the City Manager stated that the Ordinance could be written in such a way as to establish an appropriate fee relative to an appeal. At the request of Councilman Roberrs, the Planning Director reviewed what had been considered by the Planning Conmission regarding its decision on this matter. In answer to an inquiry from Mayor Kanel, the Planning Director stated that the notices of the Public Hearing would be legally published. Following discussion, it was moved by Councilmen Harvey and seconded by Councilman Roberrs to direct the City Attorney to prepare an amendment to the Home Occupation Permit section of the Zoning Ordinance, to conform to the recommendations of the Planning Conmission, with provisions included for appeal to the Planning Commission by the applicant, and a guarantee that there would not be an increase in, or a special fee tc the applicant should he appeal the decision. The motion was uaanimouely carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None - 10 - City Council Minutes September 28, 1970 It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to consider Item No. 16, 18, 20, 21, 23, 28 and 29 at this tim, in order that they might be considered before the hour of 11:00 p.m. qQNTINQ4T.~O.N OF C0NS. IDERAT~O.N OF AR. VISOR. Y .T. RA~FIq CQ.I~.~.TTEE'S .~qOMMENnATION REGARD!N.O..REq~E. ST FOR FOUR-WAY STOP SIGN AT GRAHAM AND ASPEN .STP~.E.T: The City Manager revi&~ed a report d~ted Se~d~be~ d, 1970', 'which indicated that at its meeting of July 27, 1970, the City Council referred a request for a four-way stop sign at the intersection of Graham Street and Aspen Street to the Advisory Traffic Cormnittee for review and recommendation. The report further indicated that the Committee considered this matter at its regular meeting of August 14, 1970, and outlined the traffic problems which had been discussed at that meeting and at previous meetings relative to this issue. The report stated that the Advisory Traffic Committee felt that traffic volumes at this intersection would probably never be high enough to warrant a four-way stop sign. The Committee felt that as the park facilities develop and the proposed apartment complexes are constructed, the problem would only get worse until an alternate solution to the problem could be found; therefore, it was the opinion of the Committee that Graham Street should be closed to through traffic by creating back to back cul-de-sacs between the Oak Knoll Park site and the residential area. In reply to an inquiry from Councilman Harvey, the City Manager stated that a petition recomnending the cul-de-sacs had not been received from residents in the area = It was moved by Councilman Kenode and seconded by Councilm~m Farroy that the Advisory Traffic Committee hold an informal hearing with residents of the area tD determine whether or not' the solution of the double cul-de-eac would be satisfactory to them. The motion was unanimously carried by the following roll call vote: AYES: 5 COI~CILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, RobeIts and Kanel None None CONTINUATION OF CQNSID~RA~ION. OF POSSIBLE VIOLATION OF CONDITIONAL USE PERMIT NO. C'22~ "~&'dity Manager stated that he has conducted a great deal of research on this particular item; however has not been able to entirely complete the study due to the absence of a key member of his Staff, and therefore, requested the City Council to consider continuing this item to the October 13, 1970 meeting of the CIty Council~ It was mD'ved by Councilman Kenode and seconded by Councilman Harvey to continue the .consideration of this matter to the October 13, 1970meeting of the City Council The motion was unanimously carried by the following roll call vote: AYES: NOES~ ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, RobeIts and Kenel None None CONTINUAlION OF CONSIDERATION OF PARTICIPATION IN THE ORANGE.COUNTY CRIMINAL JUSTICE COUNCIL PROPOSAL TO DEVELOP A RU~UAL AfD'COMP~.~FOR qlVIL ~ISOPaER PREVENTION}.D~ECTIQN"~D CONTROL: The City Manager presented a report dated September 24, 1970, which indicated that he has reviewed a memorandum from Chief Sa~DI d, which outlines the extent of the proposal, and his reco~Faendation for the City oi Cypress to participate in this endeavor, and concurs in the proposal which would not require funding by the City of Cypress until the 1971-72 fiscal year Ine report further indicated that the Criminal Justice Council is anxious, however, to proceed with the concurrence of those cities who wish to participate. It was moved by Councilmar Kenode and seconded by Councilman Harvey to authorize the City Manager to notify the Orange County Criminal Justice Council of the City ci Cypressw intention to participate in this grant program. The motion was - 11- ~f~ Council Minutes September 28, 1970 unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Fanode, Lacayo, Roberrs and Kenel NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF REQUEST OF EXTENSION OF TIME FOR CLOSURE OF ORANGEWOOD AVENUE: The 'dit~ 'Mane~r preSenCeS 'a ~eport 'dated Se~temb&r 2~; 1976 ~ 'f~om the Public Works Director, which indicated that upon excavation to a depth of approximately three feet from Valley View easterly for about fifteen hundred feet, a very soft, spongy area was u~covered which will not support a roadway without adequate stabili- zation, and, since Orangewood is part of the County Arterial Highway System, the County Road Department Materials Lab was requested to provide a recommendation for base stabilization~ The report further indicated that construction of the roadway has been delayed pending completion of tests, end that the developer has requested an extension of two weeks to complete the improvements. It was moved by Cotmcilman Harvey end seconded by Councilman Kenode to grant an extension of time of two weeks until October 19, 1970, for the closure of Orangewood Avenue subject to the sa~e conditions as on the original approval, and providing that the new date is posted. 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 Kenel None None CONSIDERATIO. N.OF..C~TY OF CYPRESS LIGHTING DIStrICT #2--AD VALOREM ASSeSSMeNT FOR CALENDAR.~.EA~ 1972: The City Manager presented a report dated September 23, 1970, from the ~d~lic Works Director, which indicated that the existing City of Cypress Lighting District No. 2 assessments are determined and levied by the City under the provisions of the Street Lighting Act of 1919, The report continued, that the alternate procedure under the Street Lighting Act of 1919 provides for levying end collecting assessments on an Ad Valorem basis, which eliminates the time consuming end costly procedure of computing each parcel assessment previously conducted by the traffic engineering section. The report etated that in order that the alternative procedure may be effected for the 1972 calendar year, the proposed Lighting District Map and accompanying descriptions must be forwarded to the State Board of Equalization prior to January 1, 1971. The report indicated that the preliminary report end necessary Resolutions will be presented for consideration by the City Council on October 16, 1970, and the final report will be presented in December. It was moved by Councilmen Kenode and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION N0. 1104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE A MAP, PLANS, SPECIFICATIONS, ESTIMATE AND PRELIMINARY REPORT, PURSUANT TO TEE PROVISIONS OF DIVISION 14, PART I, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS "STREET LIGHTING ACT OF 1919," FOR THE INSTALLATION OF, TEE FURNISHING OF ELECTRIC CURRENT FOR AND THE MAINTENANCE OF A STREET LIGHT- ING SYSTEM IN SAID CITY FOR A PERIOD OF TEN (10) YEARS, BEGINNING 3ANUARY 1, 1972 AND ENDING JANUARY 1, 1982. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey ,F anode, Lacayo, Roberrs and Kenel None None - 12 - City Council Minutes September 28, 1970 CON. S.I. DE. R4TI. ON qF EXTENSION. .QF. C. 0N.T.R4C. T' .WITH THE CYPRESS CHAM~ER .QF_ COM~.RCE: The City Manager reviewed a report dated September 24, 1970 which indicated that the City Council, at its regular meeting of August 24, 1970, extended the existing contract with the Cypress Chamber of Courteros for a thirty-day period, which is due to expire on September 30, 1970. The report further indicated that as of this date, the Council Con~nittee has not yet received all of the information ~equested of the Chamber of Commerce in order to complete a full report to the City Council, however, it is expected that this information will be ~de available sometime prior to the end of October. It was moved by Councilman Roberrs and seconded by Councilman Harvey to approve a thirty-day extension of the contract between the City and the Cypress Chamber of Commerce on the same terms and conditions as the existing contract to expire on October 31, 1970. The motion was unanimously carried by the following roll call vote .~ AYES: 5 COUNCILMEN: Harvey, Kenode, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Roberrs and Kenel CONSIDERATION. ..OF APPROVAl. OF COb~4ERCIAL WARPANT LI.ST FOR WARRANTS NO ~24971 TO 25082: It was moved by Councilman Lacayo and seconded by Councilman Kenode to approve the Commercial Warrant List for Warrants 24971 to 25082 in the total amount of $73,860.92. The motion was unanimously carried by the following coil call ~ote: AYES: 5 COUNCILMEN: NeE S: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Fanel None None Ac the request of Councilman Roberte, the Council agreed to consider Item No. 15 at this time? CqNS. ZD.E T, ION .0F 4UTSqRIZAT!ON mR MEMBERSHIP .IN. ATIqNAL INSTITUTE OF mm IPAL LAW OFFICERS: The City Manager presen~d"a report dated September 8, 1970, which advised'tba't' the City Attorney has requested the City Council to consider renewal of ~n~ership in the National Institute of Municipal Law Officers, which was originally organized in 1935 to centralize end collect the legal experience of City Attorneys in American municipalities. The report stated that membership dues are determined on the basis of population, and for the City of Cypress would be in the amount of $137.50. In zesponse co an inquiry from Councilman Fanode, the City Attorney stated that a series of publications are made available to the City and to the City Attorney as a result of membership in this organization o He then reviewed several topics which the publications were concern e d with last year, and added that while he considered the organization to be worthwhile, he did not have any strong feelings regarding the matter° In respcnse to an inquiry from Councilmam Roberts, the City Attorney indicated that the publications are available to him through his law firm. The Council then questioned members of the Staff regarding the need for the publications, following which, it was the general opinion of the City Council that there was somewhat of a lack of enthusiasm expressed. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to disapprove the renewal of the membership for the City of Cypress in the National Institute of Municipal Law Officers~ The motion 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 - 13 - City Counci1 Minutes September 28, 1970 Councilman Roberrs stated that regarding Item No. 19 on the agenda, the continuation of e proposed amendment to the Zoning Ordinance No. 90, known as Zone Change Z-187, he felt that it would be appropriate to notify all those living within 300 feet of the area in question, that the matter is still under consideration. The City Manager indicated that the Staff would notify ell those within 300 feet of the area, and all of those who testified at the Public Hearing, that the Public Hearing is closed, however, the matter is still under consideration. ADJOURNMENT: It was moved by Councilman Robarts, seconded by Councilman Kanode and unanimously carried to adjourn the meeting at 11:05 p.m. ATTEST: MAYOI'O~ T[IEk~ITY OF C~PRESS C ~CI~ERI~D~ THE ~ITY 6F CYPRESS - 14 -