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Minutes 70-11-09MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 9, 1970 ~he regular meeting of the Cypress City Council was called to order at 4:05 p.m., on Monday, November 9, 1970, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Fanode, 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: Poertner, Schatzeder, Nudeon and Grissomo MINUTE s: It was moved by Councilman Kenode, secomded by Councilman Harvey and unanimously carried to approve the Minutes of October 13, 1970 as presented. ST. AFF REPORTS AND DIS~USSt0T~S: It was the general opinion of the City Council to present the Resolution conunending Miss Nancy Culver for her outstanding swimming achievements immediately following Item No. 1 on the agenda. At this time, the City Manager reviewed the various item contained in the Progress ~aport~ It was the general opinion of the City Council to ~iscues the proposals for the Los Alamitos Naval Air Station in the overall air transportation plan of the County at the adjourned regular meeting of the City Council scheduled for November 16, 1970. At the request of the City Manager, it was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to place the consideration of the Annual Financial Report, including the audit report, on the agenda at this time. It was moved by Councilman Lacayo and seconded by Councilman Kenode to receive and file this report, The motion was unanimously carried by the Tollowing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenads, Lacayo, Roberrs and Kanel None None Considerable discussion ensued with regard to the property taxes for each of the taxing agencies within the City. Councilman Lacayo expressed concern relative to the taxes which are charged to the City for fire protection, with rescue costs in particular, some of which may not be necessary. In response to a statement by Councilms~ Lacayo, the City Manager indicated that the next edition of the Cypress Newsletter would have an insert regarding the various taxing districts. Councilman Roberrs suggested that a letter might be drafted to each of the special districts, enabling the City to obtain a description of what services are or are not supplied, thereby placing the City in a better position to evaluate the matter. At the request of Councilman Robarts, the City Manager indicated that a list of various items which had been requested by the City Council at past meetings, includin" the status of the items, will be prepared for the City Council. At the request of the City Manager, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to place the consideration of Conditional Use Permit No. 228, relative to the plot plan, on the agenda as Item No. 23. City Council Minutes November 9, 1970 Following discussion, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimOusly carried to consider Items No. 2 through 7 at this time. CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "CONgENT 'C~LENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative Report concerning the matter° He further advised that any item listed under uhe consent calendar could be removed at the request of a Councilmms. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to approve Items No. 2 through 7 on the consent calendar. Item No~ 2: Notice from the Alcoholic Beverage Control for the transfer of an On Sale Beer License at 10461 Valley View Street, Recommendation: That the City Council receive and file this notice if the Police investigation is favorable. Item No. 3: Notice from the Alcoholic Beverage Control for an original application of an On Sale Beer & Wine License at 9921 South Walker Street, Recommendation: That the City Council receive and file this notice if the Police investigation is favorable. Item No. 4: Receipt of Orange County Mosquito Abatement Committee Minutes of their meeting held on October 15, 1970. Recommendation: That the City Council receive and file these minutes. Item No~ 5: Certification of employment list for Maintenance Man 1, Reqommendation: That the City Council certify the em~loymsnt list, as submitted, for this classification~ Item No~ 6: Certification of employment list for Crossing GuaM. Recommendation: That the City Council certify the employment list, as submitted, for this classification. Item No~ 7: A Resolution of the City of Long Beach approving the use of military aircraft for fighting forest fires. Recommendation: That the City Council authorize the City Manager to notify the League of California Cities that the City of Cypress concurs that a further study should be made with this program. In response to an inquiry from Councilman Lacayo, the City Attorney advised that the reason that the City does not assign any point preference or does not have a residence requirement for City employees, is that the law in the last couple of years has indicated a very definite trend against the validity of such a provision. Following discussion regarding the method of selecting an employee, it was moved by Councilman Roberrs, seconded by CouncilmeAl Lacayo and unanimously carried to consider Item Noo 10 on the agenda at this time. COMMUNICATION .FROM THE O,C. COUNCIL OF CAM~..FI.RE GIRLS.EF4~.UEST!Nq.~EP~MISSION TO CONDUCT ANNUAL NUT SA.L.E IN CiT~: The City Manager presented a report dated November 4, 1970', which indicated that the City has received a communication dated June 29, 1970 from Evelyn B~ Donker, Executive Director of the Orange County Council of Camp Fire Girls requesting permission to conduct their annual nut sale in Cypress from January 21st -2 - City Council Minutes Nobember 9, 1970 through February 8, 1971. The report indicated that this organization has received approval for conducting their annual nut sale for each previous year since 1966o It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to grant the request of the Orange County Cotmoil of Camp Fire Girls to conduct a nut sale in the City of Cypress from January 21st through February 8, 1971 and to grant an exemption from a special permit pursuant to Section 15-57 A (1) (b) of the City Code as outlined in the report. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to consider Item No. 13 at this tiTM. COP~fONICATION FROM THE ORANGE COUNTY BOARD OF SUPERVISO~.~Q~FYING OF A P~BLIC HEARING REGARDING PRO~O~ED DETACHMENT OF A PORTION OF BUENA PARK FROM THE CYPRESS RECREATION AND PAR~ ~ISTRICT: The City Ma~a~i '~resentea a 'ie~di~ dated November 4, 1970 which indicated the City has received notification from the Orange County Board of Supervisors that a Public Hearing will be held on the proposed detachment of a portion of the City of Buena Park from the Cypress Recreation and Park District on November 18, 1970, at 9:30 a.m. in the Orange County Board Hearing Room. The report advised that the area proposed for detachment is a recent annexation to the City of Buena Park, located on the west side of Knott Avenue, north of Lincoln. This detachment would be required in order for the City to proceed with the creation of the subsidiary district of the Cypress Recreation and Park District which was approved by the Board of Supervisors following the Public Rearing held on November 4, 1970. The report stated that the proposed detachment of the City of Buena Park would become effective prior to the effective date of the subsidiary district, which is July 1, 1971. It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to request the City Manager to notify the Orange County Board of Supervisors that the City of Cypress supports the proposed detachment of a portion of the City of Buena Park from the Cypress Recreation and Park District as outlined in the report. Xn answer to an inquiry from Coancilm~n Lacayo regarding Item No. 18 on the agenda, the Cypress Lighting District, the Public Works Director reviewed the background of f establishment and stated that this year the entire assessment is for the maintenance and energy of the street lighting system, including the Engineering Division's cost for preparing the reports and necessary drafting. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to proceed to Item No. 18 at this time. CONSIDERATION OF PRELIMINARY REPORT FOR CYPRESS LIGHTING DISTRICT NO. 2: The City Manager presented a report 'f~om '~'e Public Works Dir~or~ 'd~d october 21, 1970, which indicated that the preliminary report on Cypress Lighting District No. 2 has been prepared by the Engineering Division for consideration by the City Council° The report stated that the preliminary report i~dicates that the entire City is in one zone and that street lighting of the same general type benefits the entire City. The report briefly described four Resolutions, relative to this item, which have been prepared for City Council consideration at this evening's meeting. It was moved by Councilmen Roberrs and seconded by Coancilman Lacayo to adopt the following Resolution by title only~ title as follows: RESOLUTION NO. 1115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLAR- ING CERTAIN PORTIONS OF THE CYPRESS LIGHTING DISTRICT OF ORANGE COUNTY LOCATED WITHIN THE BOUNDARIES OF THE CITY OF CYPRESS, TO BE WITHDRAWN FROM SAID DISTRICT, The motion was unanimously carried by the following roll call vote: -3- City Council Minutes November 9, 1970 AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Lacayo and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPROVINC THE PRELIMINARY REPORT OF THE CITY ENGINEER MADE PURSUANT TO THE REQUIREMENTS OF RESOLU- TION NO. 1104 OF SAID COUNCIL. 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 Ka~el None None It was moved by Councilman Kenode and seconded by Councilman Lacayo to adopt the the following Resolution by title only, title as follows: RESOLUTION NO. 1117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, DECLARING ITS INTENTION TO ORDER A STREET LIGHTING SYSTEM ON CERTAIN STREETS IN THE CITY OF CYPRESS TO BE INSTALLED AND MAINTAINED AND ELECTRIC CURRENT TO BE FUPaISHED FOR LIGHTING SAID SYSTEM FOR A PERIOD OF TEN (10) YEARS BEGINNING JAN~ 1, 1972, TOGETHER WITH ANNEXATION NO. 9, WIiICH STREET LIGHTING SYSTEM IS TO BE ANNEXED TO CYPRESS NO. 2 LIGHTING DISTRICT. The motion was unanimously carried by the foliowing roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Lacayo and seconded by Councilman Kanodeto adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA, APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION TO THE PROPOSED IMPROVEMENT REFERRED TO IN RESOLUTION OF INTENTION NO. 1117 AND DIRECTING THE CITY CLERK OF SAID CITY OF CYPRESS, CALIFORNIA, TO GIVE NOTICE OF SAID HEARING. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilm Roberrs, seconded by Councilman Lacayo and unanimously cazried to consider Item No. 22 on the agenda at this time. CONSIDERATION OF APPROVAL OF CO},4ERCIAL WARRANT .LIST FOR WARRANTS NO. 25337 THROUGH 25430: It was moved by Councilman Lacayo and seconded by Councilman Roberrs to approve the Commercial Warrant List for Warrants No. 25337 through 25430 in the total amount of $73,951.42. The motion was unanimously carried by the following roll call vote: -4- City ~Ca~cil Minutes November 9, 1970 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None RECESS: It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to recess at 5:35 p.m. until 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 p.m. 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, Schatzeder, Savord, Putnam, Grissom and Nudaon, PLEDGE OF ALLEGIANCE: Girl Scout Caderrs Troop 1626 led the City Council and audience in the Pledge of Allegiance. PRESENTATIONOF CYPRESS BEAUTIFICATION AWARD FOR THE MOST POPULAR POSTER: Mayor Kanel introduced ~rs. drafts, ~resident, Cypress Woman"'s dlub,' w~o' then introduced Mrs. Lawrence Bloch, Art CHairman, who displayed the winning anti-litter poster. Mayor Kanel presented Miss CHeryle Osborne, who designed the winning poster, with a certificate honoring her for this achievement. Mrs. Crafts indicated that Miss Osborne's poster will be entered in the Orange District Women's Poster Contest in February, 1971. PRESENTATION OF RESOLUTION COMMENDING MISS NANCY CULVER: At this time Mayor Kanel read in full, ~esolution No, 1113'," which courtended Miss Nancy Culver for her outstanding achievements in swimming at the 1970 special Olympics held in Chicago, and then presented the Resolution to Miss Culver, Mr, CHarles Bryant, Cypress Park and Recreation Director, came forward and read in full a Resolution from the Orange County Board of Supervisors commending Miss Culver, and presented her with the Resolution and an Honored Citizen's card, ORAL COMMUNICATIONS: There were no 0ral Connunications presented at this time. EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 7:45 p.m. to discuss a matter of personnel, The meeting was called back to order at 8:15 p.m. with all Councilmen present. PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE NO. 90, KI~0WN AS .Z. ONE CH~..GE _z.-18a: The 'MayOr a~nounc&a"~ia was e~a eime &nd pi~a~ for the Public Heating to consider an amendment to the Zoning Ordinance No, 90, known as Zone Change Z-188, The Mayor declared the Public Hearing open, and requested the Staff to present its reports. -5- City Council Minutes November 9, 1970 The City Manager presented a report dated November 4, 1970. which indicated that the Public Hearing has been scheduled to consider an application for amendment to the Zoning Ordinance No, 90, to change the zone of a certain parcel of land from C-2 (General Commercial Zone) to a PD (Planned Development District), on property generally located at the southwest comer of Orange Avenue and Valley View Street, initiated by Floyd G. Marcusson and Albert C. Sykes, 9706 Compton Blvd., Bellflower, California, and known as Zone Change No. Z-188. The report further indicated that the affidavits of [~osting, mailing, and publication are on file in the office of the City Clerk; and there have been no communications received in regard to this matter. At the request of the City Manager, the Planning Director then read into the record Planning Staff Report PC#70-106, dated October 26, 1970, which stated that the subject property, which contains approximately 5.95 acres, is located at the southwest corner of Orange Avenue and Valley View Street, and has previously been considered for a rezoning to R-4 (Multiple-Family Residential) on the most westerly portion of the property; however, after hearing testimony at the previous zone change hearing, the Planning Commission denied the zone change and informed the applicant that consideration for the rezoning of this property to a Planned Development with a lower density apartment complex submittal would be looked upon with more favor. The report stated that the applicant had sumitted letters of rejection for the development of the site from twelve co~:nercial users, which were listed. The Mayor asked if anyone wished to speak in favor of the zone change. Mr~ Floyd G. Marcusson, 9706 Compton Blvd,, Bellflower, California, one of the applicants, addressed the Council stating that he had brought with him, a colored rendering of the project. Mr. Marcus son was then advised by the City Attorney that any evidence which is presented must become part of the record, and that unless Mr. Marcus son would be willing to part with the rendering, it could not be displayed or discussed. Mr. Marcusson then stated that he has had the property for approximately eight years and reviewed the difficulty which the owners have had in developing the property due to its zoning, and, that after the rejection of the request to fezone the property to R-3 and R-4 by the Planning Commission, they did explore the Planned Development zone as was suggested by the Commission. In response to an inquiry from Mayor Kanel, the City Attorney reviewed the criteria which the Co~mcil is authorized to use in approving or rejecting the request for a change of zone. Mr~ Borders, 5123 Melbource Drive, Cypress, architect for the project, addressed the City Council describing the drawings which had been submitted. He stated that the proposed development is well planned, and that he felt that it would solve the problem of development. Mr~ Mike Osborne, 9532 Sonwell Place, Cypress, stated that his property is adjacent uo the vacant property under discussion, and that any improvement over the present condition of the property would be more than satisfactory. He further stated that his neighbors have indicated that they too, would favor the proposed development° Mayor Kanel then asked if there was anyone in the audience wishing to speak in opposition to the request for a zone change. In response to an inquiry from Councilman Roberrs, the City Manager stated that all persons within the required area had been notified of the Public Hearing. In answer to an inquiry from Councilman Harvey, the Planning Director indicated that the 230' depth shown on the plan for the commercial development would allow for the buildings and parking facilities. -6- City~! ~q~cil Minu~es November 9, 1970 In answer to a question from Councilman Lacayo, Mr. Marcusson stated that the apartment development would probably not be built simultaneously with the co~,~rciai development due to financing; however, they would be developing the commercial area as soon as possible after completion of the apartments. He further stated that the owners did dedicate the streets to the City of Cypress, and did install curbs, gutters, sewers, street lights, and sprinkler systems at their own expense. Councilman Lacayo stated that he considered this particular rezoning to be very much like one that came before the City Council two weeks ago, and that the real issue is giving up commercial property, which in this case, half of the property would be used for multiple-f~m4 ly development. Councilman Lacayo further indicated that there was no assurance that after completion of the apartment development, the owners would not wish to develop apartments on the remaining portion of the property. Councilman Lacayo then stated that he was opposed to this irequest for a zone chan~e. Councilman Harvey compared the location of the subject property with the location of that which was considered at the last regular meeting of the City Council, and stated that he did not consider the characteristics of the two properties to be similar. He stated that he would consider a co,w~rcial depth of 230' to be much 'mere practical that a comnercial depth of some 445', and that he considered this request for a zone change to be realistic and the best and highest use for the property. Councilmm~ Roberrs expressed concern that the back of the proposed multiple-develop- ment would be within the 100' setback requirement, which could create an invasion of privacy with respect to the R4 neighbors. He further indicated that if, along the back of an R-1 lot there are seven or eight parking spaces, there is a natural tendency for trash, etc., to come over from the persons ~etting out of their auto- mobiles. He indicated that combining an almost total lack of privacy to the R-I homes, with the loss of conmartial property within the City, he would urge a vote to deny the zone change. It was moved by Councilmm~ Lacayo, seconded by Councilman Robarts and unanimously carried to close the Public Hearing at this time. It was moved by Councilman Lacayo to deny the request for the zone change. The motion died for lack of a second. Councilman Harvey stated that he would like to move in favor of the zone change, as although he was also an individual who expressed reluctance in giving up commercial property, he considered the circmnstances in this particular issue to be completely different than what had been discussed previously. Councilman Lacayo then read a statement which had been made at a recent Advisory Traffic Committee meeting by a resident on ~semary Drive, the contents of which questioned whether there was coordination between the City Council, Planning Comnission and the Advisory Traffic Committee. The Communication referred to the multiple-family development on Juanits Street, which, Councilman Lacayo stated, indicates that multiple-family development prematurely authorized by the City Council has led to problems. He stressed that he was opposed to the zone change as it would allow an R-3 development to be developed immediately. It was moved by Councilman Harvey and seconded by Councilman Kenode to read the following Ordinance by title only. 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 -7- November 9, 19~0 City Council Minutes Title of the Ordinance is as fellows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF CERTAIN PARCELS OF LAND FROM C-2 (GENERAL COMqER- CIAL) TO PD (PLANNED DEVELOPMENT), ZONE CHANGE Z-188. It was moved by Comcilman Harvey and seconded by Councilman Kanode to approve the first reading of the Ordinance. Councilram% Kenode stated that with regard to this particular property and the property which had been discussed two weeks ae~, the difference between the two properties is that on the property at Ball Road, there is already a supermarket which is the necessary anchor to any co~nercial development of any consequence; therefore the possibility of filling the rest of the development with various shops has a greater potential° He indicated that the property in question is questionable, at best, as to whether it can be developed commercially. Councilman Kenode further indicated that he felt the best approach to the development of this property would be through Planned Develop- ment whether it be commercial, multiple-family or otherwise, as this gives the City Council an opportunity to study what the use is ~oing to be on that property, end it can either be accepted or rejected at that time. In answer to a statement by Councilman Roberrs, the City Attorney stated that in the Planned Development zone, once the basic change of zone is made, there is a requirement that all uses be approved by the Conditional Use Permit procedure. Councilma~ Robarts then indicated that his position has bean to try to decide any issue in the best interests of the City, end it is with this in mind that he has reviewed this particular question. Councilman Roberrs again urged the Council to deny the motion on the floor. Mayor Kanel stated that this particular Council has approved all of the plans for a great deal of multiple-family units on Denni Street, end that in his opinion, this Council is not against multiple-development. He indicated that he did not wish to cause hardships for individuals or owners of property; however, he would rather the area remain as it is for a while, thus having an opportunity to observe comnercial property within the City. Following discussion, the motion to approve the first reading of the ordinance failed to carry by the following roll cell vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Harvey and Kenode Lacayo, Robarts and Kenel None It was moved by Councilman Lacayo and seconded by Councilman Robarts to deny the request for Zone Change Z-188. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Lacayo, Robarts and Kenel Harvey and Kanode None Mayor Kanel addressed the applicant, stating that this matter could not appear before the City Council for a period of one year, unless a special request is approved by the Council. In answer to an inquiry from Councilman Robarts, the City Attorney advised that the one year waiting period would apply only to the particular zone Which was requested and denied. -8- C~<~ouncil Minutes NO~em~er 9, 1970 Mr o Marcusson then stated that he had more or less been directed by the Planning Commission to apply for a Planned Development zone, as he had been denied the R-3 a~d R-4 zone change request. Mr. Marcus son further stated that the Public Hearing on this matter had been closed before he had been given an opportunity to present a rebuttal to statements which were made regarding the future development of the property, RECESS: Mayor Kanel declared a recess at 9:30 p.m. The meeting was called back to order at 9:40 pore0 with all Cotmcilmen present. PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT NO. C-238: The Mayor an~o~cea tH~' was the time and' 'place to doneider an ap'piic'a~i0~ ~o~' a Conditional Use Permit to allow the construction of seventy-nine units of multiple residential, a child care center, and cor~nercial buildings, including an office, on property generally located at the southwest corner of Orange and Valley View Street, initiated by Floyd G~ Marcusson and Albert C. Sykes, 9706 Compton Blvd., Bellflower, California, and known as Conditional Use Permit No. C-238. The Mayor declared the Public Hearing open. At this time, the City Attorney advised that the only action which the City Council could take would be to deny the request, since it is only possible to grant the request for a Conditional Use Permit on property which is zoned Planned Development. It was moved by Councilm~a Robarts, seconded by Councilman Laueyo and unanimously carried to close the Public Hearing. It was moved by Councilman Lacayo and seconded by Councilman Robarts to deny the request for Conditional Use Permit No. C-238. 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 At the request of Mayor Kanel, the City Manager reviewed the various actions which had been taken by the City Council during the afternoon session. COI~JNICATION FROM THE PLANNING .COP~.IS.SIQN R~..QUESTINGTHE CITY .CQUN.ClL TO CONSIDER ~ODIFICATIONS OF THE BARN IN THEJUANITA STREET PARK: The City Manager presented a report dated"Novembe~ 4, 1970, which i~d~c~ted that the Planning Commission has addressed a communication to the City Council requesting that the City Council consider modifications in lieu of demolition of the barn in the Juanits Street Park. The report continued, the City Council in previous action has authorized the complete demolition of the barn, and approved a contract for the rodesign of the entire park area, and that bids are currently being sought for the removal of the roof and stanchion structure; however, the demolition of the remainder of the barn will not be undertaken until such time as the park redosign has been completed. The report further stated that it would appear that even with additional lighting, the same problems, which had formerly been brought to the attention of the Council, would continue to be prevalent, since there would be no method to secure the facility or to make it completely visible from adjacent streets. In answer to an inquiry from Councilman Lacayo, the City Manager indicated that the communication was received at this time, due to the fact that the Planning Commiesicn, at a recent meeting, expressed a desire to have an opportunity to review matters of this nature before final action is taken by the City Council. Discussion was held relative to the fee which had been appropriated by the City Council for the purpose of employing a consultant to redesign the park, and in answer to an inquiry from Councilman Lacayo, the City Manager explained why it would not be practical for the City to employ consultants on a full time basis. 9 City Council Minutes November 9, 1970 Councilman Kanode indicated that he appreciated the Planning Com~ission's concern regarding this particular issue, and that matters of this nature should be referred to the Commission for their consultation before the City Council takes action; how- ever, in this case the City Council saw fit to act, and therefore the Council is connitted~ It was moved by Councilman Kanode and seconded by Councilm~% Harvey to request Ehe City Manager to advise the Planning Colmnission of the reasons for the decision to demolish the barn structure which would be difficult to resolve by a greenbelt lighting system or reconstruction of a portion of the barn facility. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo and Kanel Roberrs None Councilman Roberrs stated that from the time this matter was first heard by the City Council, he had felt dismayed that the barn would have to be torn down, as the City has a strong heritage relative to dairies, CO}e4UNICATION FROM MR. ROBERT W. CLIFFORD, AIR CALI.FORNIA, .KEqUE.STING ~.UP~ORT OF THE EXISTING AIR ~ERyI~E AT THE ORANGE COUN.T~. ~I.KPgRT: The City Manegerpresented a report dated November 4, 1970, which indicated that the City has received a communication from Mr. Robert Wo Clifford~ Vice President & General Manager of Air California, requesting the City Council to adopt a Resolution in support of the existing air service at the Orange County Airport. The report continued, that although the communication implies that the County Board of Supervisors may take action to decrease existing air service from the Orange County Airport, it would appear unlikely that any change of this type would be made prior to the completion of the Public Hearings that are currently being held on the air trane- pc:rtation study of Orange County. It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to receive and file this communication. COMMUNICATION FROM .MR~ ROBE.P~T.VOIEN, ORANGE COL~.TY TRAFFIC C0~ITTEE REGARDING STREET IMPROVEMENTS ON CRESCENT AVENUE: The City Manager presented a report dated November 4, 1970, whia~ 'iCe{cared' that the City has received a communication dated October 21, 1970, from Mr. Robert W. Voien, Secretary of the Orange County Traffic Committee, which outlines the Committee's investigation and recommendations regarding the traffic conditions on Crescent Avenue between Acacia Drive and Moody Street. The report indicated that the communication states that several iunediate improvements will be made to improve the pedestrian safety along Crescent Avenue as well as an indication that the County Road Department would cooperate with the cities of Cypress and LaPalma for the full improvement of Crescent Avenue. The report advised that the improvements on Crescent Avenue involving the City of Cypress would involve the south side of Crescent commencing at a point west of the bridge approach to the Coyeta Creek Channel easterly to Summer Place, with the major portion of this area, which ie adjacent to the Forest Lawn Cemetery property, subject to an agreement between the City and Forest Lawn Company. The report indicated that it is anticipated that this improvement project will be included in the City's request for Arterial Highway Finance participation for the 1971-72 fiscal year, and that these requests must be made to the County Arterial Ni~hway Financing Committee prior to the end of December, 1970o A further report will be made at a regular City Council meeting in December ~a this matter~ At the request of the City Manager, the Planning Director pointed to the subject l~cation cn the aerial map. - 10 - City Council Minutes November 9, 1970 It was moved by Councilman Lacsyo, seconded by Councilman Kanode and unanimously carried to authorize the City Manager to notify the appropriate County officials that the City of Cypress is willing to participate in the improvement of Crascant Avenun as suggested in the comunication from the Orange County Traffic Committee, and as outlined in the report~ CONTINUATION OF CONSIDERATION 0F EXTENSION OF TIME FOR TENTATIVE TRACT MAP #6719: ~t 'the request of the City Manager, it was moved by dd~&~i~n 'H~ey~ 'sea&nasa by Councilman Lacayo and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council scheduled for November 23, 1970o CONTINUATION OF CONSIDERAT. I, qN OF REPORT ON CONDITION OF FENCE ON STRATMOREAVENUE: The City Manager presented a report dated Novembe* ~, 1970, which indicated that a further review of the fencing requirements imposed as a condition of approval of ~Tentative Tract 4137 indicates that the developer will be required to construct a block wall fence at the end of Stratmore Avenue which will prevent access to the adjacent property and the existing barbed wire fence. The report added that the previous report on the grape stake fence indicated that the fence had been repaired by the developer, however, a further inspection will be made prior to the City Council meeting~ In response to an inquiry from the City Manager, the Building Superintendent stated that the grape stake fence was installed without benefit of a permit, and that the Building Inspector called it to the attention of the developer, who in turn contacted the subcontractor who did obtain a permit. He further stated that the subcontractor was notified that the fence had not been properly constructed under City policy; however,' the Building Department has not received an answer as yet. In answer to a statement by Councilman Lacayo, the Building Superintendent advised that if he has not received a reply to his co~nunication by November 10, 1970, he will be referring the matter to the City Attorney. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to receive and file this report. CONTINUATION OF CONSIDERATION OF POSSIBLE VIOLATION OF CONBIT~ONA~..U~E .~ERMIT N0. C-~23: The City Manager presented a rep6r~ 'd~ed November 5, 1970, which stated that as requested by the City Council, a complete transcription of the discussion held on this matter at the meeting of October 13th has been made available for City Council review, and that based on both the amount of time which was devoted to this issue at the last meeting and the review of the questions and answers as transcribed, it appears to the City Manager that in the best interests of the City Council, the citizens in attendance at the Council meeting, and the Staff, a change in the procedure should be seriously considered by ~be City Council. The report indicated that the suggested change involves a submittal of written questions by all members of the Council to the City Manager's office regarding either the development or the previous report. The report continued, that this procedure would not only save considerable time in attempting to review various code sections and/or files during the course of the Council meeting, but would definitely insure that a thorough answer would be provided to all inquiries. An additional advantage to this procedure is the ~uarantee that the proper official will be requested to respond to the questions, as there is always the possibility that one or mere members of the Staff may not be in attendance at a specific Council meeting. The report advised that should the Council concur in this procedure, any questions could be submitted to the City Manager's office on Tuesday, November 10, 1970, with the replies to be prepared and transmitted to the Council on November 13th, with additional questions to be submitted to the City Manager's office cn Tuesday, November 17th, so that the final supplemental report could be included with the Council agenda materials for the meeting of November 23, 1970. Councilman Roberrs indicated that the nature of this entire question is such that ~he progress by which the Council has aired this question is, in his opinion, not in the best interests of the City, the citizens or the Council, and further stated that - 11 - City Cormnil Minutes November 9, 1970 he would be in agreement with the recommendation proposed in the report. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to approve the suggested change as contained in the report, and to continue this matter to the City Council meeting of November 23, 1970& CONSIDERATION OFADVISORY TRAFFIC COI~MITTEE'S RE~qRT ON JUANITA STREET: The City ~anager reviewed a report dated Noventer '5, 1970, which indicated that at its meeting of September 14, 1970, the City Council heard a presentation from residents on Juanits Street relative to certain traffic problems, following which, the matter was referred to the Advisory Traffic Comm/ttee for review and recommendation. The report outlined the various studies which had been conducted relative to this issue, and the suggested reconanendations by the Committee. Councilman Harvey indicated that since he resides in the subject area and has met with ~he proponents and opponents of the cul de sac, he has had a good opportunity of evaluating the general feeling in the area. Councilman Harvey than reviewed the nine items which were recoulnended in the report, and gave his opinion concerning each one . It was the general opinion of the Council that they would be in a~reement with the colmnents relative to the recome~dations which were made by Councilman Harvey, and that the Staff come back with a report as to the cost and the prograins of implemen- tation= Following discussion, it was moved by Councilman Roberrs, seconded by Councilman Harvey &~d unanimously carried to approve the recommendations as outlined in the report, with the following modifications: 3~ Proceed with signing of some type, perhaps to be clarified by the Staff, such as "Children at Play," or similar signs. 7~ Innedicts installation of stop signs on Juanira Street on a trial basis at the intersecting streets of Lee Drive or James Alan Street. 8o Immediate installation of crosswalks at the northerly and southerly boundaries of the park site in conjunction with the installation of stop signs; to be reviewed by the Staff to assure that this consideration would be in the best interests of the citizens safety-wise. CONSIDERATION OF RESOLUTION AUTHORIZING LAW ENFORCEMENT GRANT: The City Managnr presented a report dated Nayember' 5, i970,'~hiah'iaaiaa~&d that the City Council at its regular meeting of April 27, 1970, authorized the City Manager end Police Chief to submit a fornml application for a law enforcement grant to develop an administrative manual which could be used as a model for other law enforcement agnncies in the State. The report further indicated that the California Council on Criminal Justice, at its meeting of September 23, 1970, approved the grant and has requested that the City Council adopt a Resolution authorizing the application for the grant and specifying availability of matching funds, certifying that grant funds will not be used to supplant ongoing law enforcen~nt expenditures, and authorizing the designated person to sign the grant agreement. The report stated that the total project cost is projected at $17,000 to be funded with a $9,000 grant a n d an $8,000 expenditure on the part of the City, which will be absorbed by existing employee time devoted to the project, and facilites and materials which will be made available within the department end within c~rrent budget appropriations. The report advised that the total project cost is $2,000 ~igher than originally reported to the Council due to a revised estimate as to the time and materials which will be required within the department to complete the proJect!~ It was moved by Councilman Lacayo and seconded by Councilman Ka~O~4~ to adopt the following Resolution by title only, title as follows: - 12 - Cit~ Ionmoil Minutes NoVember 9, 1970 RESOLUTION NO. 1119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR GRANT FOR LAW ENFORCEMENT PUI~POSES TO THE CALIFOPaIA COUNCIL ON CRIMINAL JUSTICE. The motion was unanimously carried by the following roll cell v~te: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF STATUS OF STREET SWEEPING STUDY: The City Manager presented a report dated Nobembe~ '~; 1970, which indicate~ that the City Council at its regular mating of October 13, 1970, authorized a 30-day extension of the weekly street sweeping program which will e~pire on November 30, 1970. The report further indicated that this action also included a request for a survey to be made to determine the desires of the citizens in relation to the sweeping schedule; however, this has not been implemented due to the difficulty in determining an appropriate method to obtain a fair sampling of citizen opinion without excessive cost. The report stated that in lieu of this action, the City Manager and Public Works Director are in the process of completing a report and recommendation in reference to the sweeping program for the remainder of the fiscal year, which will be submitted to the City Council at its regular meeting of November 23, 1970. It .was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to defer further action in reference to this matter until the report is completed~ CONSIDERATION OF FINAL PLANS--CONDITIONAL USE PERMIT NO. ~-228: The City Manager indicated that in reference to Conditional Use Permit C-228, for a development to be located at the northwest comer of Grindlay and Orange Avenue, the Planning Commission has requested that the City Council affirm their decision regarding an interpretation. The Planning Director then addressed the Council stating that the applicant and owner of the property appeared before the Planning Comnission at its meeting of November 5, 1970, indicating that they felt that a medical professional building would be the most suitable development for this particular location, and that in order to accomplish this, certain changes in the construction of the building would be necessary. The Planning Director advised that the changes consist of a covered walkway between the two buildings~ and that the second floor would be slightly modified to allow for additional parking; however, the square footage would remain the same. The Planning Director etated that the applicant is requesting that this matter be considered as being similar to the structure which was originally approved, and that he is not asking for a waiver of any of the conditions which were originally imposed. He further indicated Chat the Planning Coxmnission determined that it was similar and would not require a modification of the Conditional Use Permit, bowever, did feel that the City Council should have an opportunity to review the matter. In answer to an inquiry from Councilmen Roberrs, the Planning Director stated that all setbacks would remain the same. In response to an tnqui[y from Mayor Kanel, the City Attomey advised that should the Council determine that this map is consistent with the previously approved map which was approved as a part of the Conditional Use Permit, then this map would supersede the other one. - 13 - City Comcil Minutes November 9, 1970 It was moved by Com%cilman Kanode and seconded by Councilman Harvey that the changes as desc~ibed would not require a modification of the Conditional Use Permit. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONSIDERATION OF SECOND READING OF ORDINANCE AMENDING gEfEI~ 16.73 OF .THE CYP. RESS..qITY CODE RESTRIC:fNG'WIDE VEIIlCLE PAP~ING 'SXirP, II40 '~6URS 6f'DARKNES~: f~ was moved by Counciim~n "~ode and seconded "~ d6uncfi'm~- RSb&~ ~ ~ead 'the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: ORDINANCE NO. 440 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 16~73 OF THE CYPRESS CITY CODE RELATING TO RESTRICTION OF WIDE VEHICLE PARKING DURING HOURS OF DARKNESS BY ADDING THERETO SUBSECTION (C) , WHICH PROVIDES FOR PROHIBITING THE PARKING OF SUCH VEHICLES BETWEEN THE HOURS OF 2:00 A.M. AND 6:00 A.M. It was moved by Co~mcilma~ Kanode and seconded by Cou~cilma~ Roberrs to adopt Ordinance No. 440. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None None Harvey Councilman Farvey stated that he abstained from voting on the adoption of this Ordinance as he had not been present for the first reading. ORAL COM~D~lCATIONS There were no oral co~mnunications presented at this time. EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session at 10:55 p.m. to discuss a matter of personnel. The meeting was called back to order at 11:44 p.m. with all Councilman present. ADJ OUENMENT: It was moved by Councilman Harvey, seconded by Councilnu~x Lacayo and unanimously carried to adjourn at 11:45 p.m. to 7:30 p.m. on November 16, 1970. MiY6R OF off-/of 'cyPmiss ATTEST: hITY CLERK Of THE CITY OF CYPRESS - 14 -