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HomeMy WebLinkAboutMinutes 71-02-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 22, 1971 The regular meeting of the Cypress City Council was called to order at 4:07 p.m., on Monday, February 22, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Mayor Kanel ABSENT: Councilmen Harvey, Kenode, Lacayo and Roberrs Due to the lack of a quorum, Mayor Kamel declared a recess at 4:08 p.m. The meeting was called back to order at 4:20 p.m., with the following Council- men present: PRESENT: Councilmen Lacayo, Roberrs and Kanel ABSENT: Councilmen Harvey and Kenode 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, Nudeon, Hernandez and Grissom. STAFF REPORTS AND DISCUSSIONS: At the request of the City Manager, it was moved by Councilman Roberrs, seconded by Councilmam~ Lacayo and unanimously carried to place on the agenda for consideration at this time, a matter concerning a claim against the City for damages. The City Manager indicated that the City has received a claim from Attorney Richard Hawkins on behalf of Mr. Stephen Card for alleged damages in the amount of $350,000.00 for an accident which'occurred at the intersection of Cerritos and Knott Avenue in the City of Stanton. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to deny the claim of Mr. Stephen Card and to refer the matter to the City's insurance carrier. At the request of the City Manager, it was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place ion the agenda at this time, the consideration of an appropriation to cover the amount of the contract for the Juanits Park site and landscape construction. The City Manager explained that the award of contract for the Juanira Park Site and landscape construction is scheduled as Item No. 3 on the agenda. He indicated that the funds will be reimbursed to the City by the Recreation and Park District. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to appropriate $23,000.00 from the General Fund balance, to Account 7137-90. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Lacayo, Roberrs and Kanel None Harvey and Kenode The City Manager stated that the City has been billed by the Recreation Land Planners, Inc., consultants who accomplished the redsgigs of 3uanita Park, for $842.00 above the $1200.00 which was appropriated for this purpose by the City Council. He further stated that with the additional sum, the amount is still within the contract agreement and below the total appropriation of $7,200.00 for the project, February 22, 19717~ City Council Minutes It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to place this item on the agenda for consideration at this time. The City Manager indicated that an additional appropriation was not needed, and that Land Planners Inc., is asking to increase the Purchase Order, pursuant to the contract. In answer to an inquiry from Co~cilmm~ Roberrs, the City Manager indicated that the work has been completed. Considerable discussion was held with regard to the contract, which, the City Manager explained, was an hourly contract, and that normally the consultant's estimate covers the work to be accomplished; however, in this particular instance, the consultant underestimated the work which was involved. He further indicated that he felt that it was unfortunate that the costs were expanded without advising the City in advance, and then stated that he considered this to be an unusual case. In answer to an inquiry from Councilman Roberrs, the City Attorney advised that the City is obligated to pay the additional $842.00 as the contract is based upon the amount of time spent on the project. In answer to a further inquiry from Councilman Roberrs, the City Manager stated that this type of qontract is not generally used by the City. He added, that it is, however, one that is used by the Recreation and Park District. Councilman Reberts stated that the City entered into a contract which was unfamiliar to them, and urged that in the future, all contracts of this nature have reasonable review periods incorporated into them~ It was moved by Councilman Roberrs and seconded by Mayor Kanel to allocate the additional $842.00 to Land Planners, Inc~ Councilman Lacayo stated that he realized this amount must be paid; however, would like to review the Justification for the increase. He further stated that he would like to have a study conducted relative to this type of contract, as when the City becomes the governing body of the Recreation and Park District, it may not wish to enter into contracts of this nature. Councilman Roberrs and Mayor Kanel withdrew their motion. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council, and to request the City Manager to provide the City Council with detailed information Justifying the increase and to further review this particular type of contract, which has been used by the Recreation and Park District. The City Manager indicated that Mr. Jess Harrelson, owner of Garson, Inc., a trucking business on Lincoln Avenue, has requested City Council consideration of allowing him to place on his property, a facility which he claimed was outlined on his original Conditional Use Permit. The City Manager advised that Mr. Harrelson wishes to install a steam cleaner for his trucks. He further indicated that this matter had been brought before the Planning Commission at its meeting of February 18, 1971, with the decision being that the Conunission continued the item to its next regular meeting in order to have time to review the original conditions which had been imposed on the Conditional Use Permit. 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. In answer to a question from Mayor Kanel, the City Manager indicated that the Planning Commission is to have a report back at its March 4, 1971 meeting, and that Mr. Harrelson is anxious to proceed because of funds° -2 - Cfty Council Minutes February 22, 1971 In reply to an inquiry from Councilma~ Roberug, the City Attorney advised that the issue is whether or not this particular type of use is permitted within the original conditions of the Conditional Use Permit. He further advised that if the Council determines that there is some change, then the regular modification procedure must be used, which would require a Public Hearing before the Planning Commission. At the request of Mayor Kanel, Mr~ Jess Harrelson, 5350 Cumberland, Cypress, addressed the Com~cil indicating that one of the requirements of his Conditional Use Permit was to obtain the permission of the Planning Commission for any additional uses on his property° Mr. Harrelson indicated that he felt the concrete slab and ateam cleaning equipment, since it would be used only for his equipment on the property, was within the intent of his operation under the original Conditional Use Permit. At the request of Coun~ilmm~ Lacayo, the Secretary to the Planning Commission reviewed what had transpired relative to Mr~ Harrelson's Conditional Use Permit, stating that Conditional Use Permit No. C-219 has been before the Planning Commission for two Public Hearings, and was before the City Council at its meeting of October 13, 1970, at which time the City Council accepted the conditions which had been added to the original list of conditions by the Planning Commission, and added additional conditions° The Secretary to the Commission stated that the original plot plan did not reflect an area to be used for a steam cleaner; therefore, the Planning Commission felt that time was needed in order to review the conditions and to make a determination as to whether or not the addition could be considered part of the original application° In response to an inquiry from Councilmm~ Lacayo regarding the urgency of the situation, Mr. Harrelson indicated than he has contracted with someone to pour the slab, and that he had submitted his application for the required permits approximately three weeks In answer to a question from Mayor Kanel, the City Attorney indicated that it is his opinion, that the Planning Commission has Jurisdiction in this matter, since it is stipulated that all modifications or use of any structures on the property would be approved by the Planning Commission, Councilman Roberrs expressed cloncern as he felt that the request was for a normal part of Mr. Harrelson's business, and that to require him to appear before the Planning Cormnission, and then possibly an appeal to the City Council, which would take a considerable amount of time, would cause an undue hardship~ Following discussion concerning a mothod to expedite action on this matter, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to adopt a Minute Order urging the applicant's position to be as favorably considered as reasonable by the Planning Commission, and a solution arrived at in a minimum amount of time. At the request of Mayor Kanel, Councilmen RoberUg and Lacayo withdrew their motion in order that the matter could be considered at this evening's session of the City Council when mare than three Coancilmen are expected to be present. It was moved by Councilman Lacayo, seconded by Cooncllman Roberts and unanimously carried to place the consideration of this item on the agenda as Item No. 15 a. It was moved by Co%mcilman Lacayo, seconded by Councilman Robarts and unanimously carried to place on the agenda as Item No~ 32, a communication relative to the Jumpits Street traffic problems. It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place on the agenda as Item Noo 18 a, the consideration of the Financial Variance Report for the period ending January 31, 1971. - 3- City Council Minutes February 22, 1971 EXECUEIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 5:45 pom. to discuss a matter of litigation. The meeting was called back to order at 5:58 pom., with the following Councilmen in attendance: PRESENT: Councilmen Lacayo, Eoberts and Kanel ABSENT: Councilmen Harvey and Kenode RECESS: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to recess at 5:59 pomo to 7:30 pomo 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 Kenode, Lacayo, Roberrs and Kanel ABSENT: Councilman Harvey Also present were City Manager/City Clerk Dartell Essex, Deputy City Attorney John Murphy and the following members of the City Staff: Schatzeder, Hernendez, Amberg, Dunlap, Poetthor, Grissom and Nudsono PLEDGE OF ALLEGIANCE: Boy Scout Troop 676 led the City Co%mcii and audience in the Pledge of Allegiance, PRESENTATION OF RESOLUTION OF CO}~qENDATION--MIKE MaY: At this time, Mayor Kanel requested Mr~ Mike May to come forward. Mayor Kanel then read in full, end presented, a Resolution of Co,~mendaticn to Mike May, commending him for his quick and heroic action of assisting in sa?~ing the life of his next-door neighbor~ PRESENTATION OF RESOLUTION OF CO~4ENDATION--TERRY KUBICKA: At this time, Mayor Kanel read in full, a P~so2ution of Cou~nendation conmending Mr, Terry Kubicka for his winning first place in the National Novice Men's Ice Skating Championship, which was held in Buffalo, New York, and presented the Resolution to him~ CONSIDERATION OF AWARD OF CONTRACT FOE SPR~NG~ 1971 WEED ABATEMENT PROGRAM: The City Manager pros ented a report dated February 17, 1971 from the Public Works Director which indicated that bida for the 1971 Spring Weed Abatement Program were opened in the office of the City Clerk on Tuesday, February 16, 1971, and outlined the bids received. In reply to an inquiry from Councilman Lacayo, the City Manager indicated that the contractor would begin abering the weeds on April 13, 1971, after the posting of the properties and the required Public Hearings. It was moved by Councilman Kenode and seconded by Councilman Roberts to determine that the lowest and best bid was submitted by Edwin Webbet in the amount of $12,814.00, and to award the cantract to Edwin Webbet, Inc., 8472 Rembrandt Drive, Huntington Beach, California, as per their proposal dated February 16, 1971. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey -4- City Council Minutes February 22, 1971 At the request of Mayor Kanel, the City Manager then reviewed what had transpired at the afternoon session of the City Council~ CONSIDERATION OF AWARD OF CONTRACT--JUANITA PARK SITE AND LANDSCAPE CONSTRUCTION: The City Manager presented a repor~ dated February 18, 1971, from the Public Works Director which indicated that bids for the construction of improvements at the Juanira Street Park were opened in the office of the City Clerk on February 18, 1971. The report outlined the results of the bids submitted and indicated that specifications require the successful bidder to begin work within ten (10) days after execution of the ~cntract, and to complete all work within forty five (45) calendar days after the data of execution~ It was moved by Councilman Ken,de and seconded by Councilman Lacayo to determine that the lowest and best bid was submitted by Goodman and Peloquin, Inc., for the base bid of $11,433~00 and Alternate "A" $1,060o00, Alternate "B" $2,088o00, Alternate "C" $2,940°00, and chat the contract be awarded to Goodman and Peloquin, Inc~, 12611 South Cullman Avenue, La Mirada, California as per their proposal dated February 18, 1971, subject to a satisfactory agreement being entered into between the City of Cypress and the Cypress Recreation and Parks District for reimbursement of costs, The motion was unanimously carried by the following roll call vote: AYE S: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Ken,de, Lacayo, ROberrs and Kanel None Harvey CONSIDERATION OF AWARD OF CONTRACT--MUNICIPAL STREET SWEEPING SERVICE: The City Manager presented a repQrt from the Public Works Director, dated February 17, 1971, which indicated that sealed proposals for the municipal street sweeping service were opened in the office of the City Clerk on February 4, 1971, and then outlined the results cf the bids which were received~ The report further outlined the icesults cf a visual field inspection of each bidder's yard and maintenance facilities which was conducted by the Public Works Department, as well as results of an investigation which was conducted on each biddero The Public Works Director indicated that several .~itles had been contacted with regard to the set-vices provided to ~hem by the low bidde~, United Sweeping Service, and that unfavorable reports had been ~eceived.l In response to an inquiry f~cm Councilman Lace).,, the Public Works Director indicated that Baker's Sweeper Service, whish subwdtCed ~he second lowest bid, would have to acquire an additional sweeper in order to handle the street sweeping in the City of Cypress, and perhaps I~l~Cimateiy ~wo sweepers would be needed, should he continue with his present comml~nen~Is. In reply to an inquiry from Councilman Roberrs concerning a stipulation in the specifications that the contractor is required to have 5 years experience, the Deputy City Attorney indicated that the statement appears to be ambiguous, and that it would be the right of the City Council to determine which company is the lowest and most responsible bidder° In answer to further inquiries from Coancilman Roberrs, the Public Works Director stated that both the Dickson Company and United Sweeping Service submitted wage schedules. The City Manager stated that in reviewing the bids, the City felt that the coxpliance of the bids with the specifications is substantial enough that should the Council determine that in the best interest of the City that any one of the three bids is acceptable based on the proposals as presented, there would not be a legal problem in granting a contract subject to performance~ Mr. Robert O'Connor, United Sweeping Set-vice, 2547 Rosemead Blvd., South E1 Monte, California, addressed the Council stating that he had obtained and submitted from six to eight letters from the various cities for which United has performed the sweeping service, all indicating that the sararice has been satisfactory and reliable. -5 - City Co%mcil Minutes February 22, 1961 In answer to an inquiry from Coancilman Lacayo, Mr. O'Conner indicated that United Sweeping Service is currently under contract with nine cities. Because of the additional testimony regarding this item, the City Manager requested that the matter be continued in order to give the Staff an opportunity to review the letters which had Just recently been submitted and which are in conflict with the verbal information which the City had received. It was moved by Councilman Kenode and seconded by Councilma~ Lacayo to continue the consideration of this item to the next regular meeting of the City Council scheduled to be held on March 8, 1971~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey 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 un the Administrative Report concerning the matter° He further advised that any item listed under the Consent Calendar could be removed at the request of a Councilman. It was moved by Councilman Roberrs, seconded by Councilman lacayo and unanimously carried to approve Items No ~ 6 through 9 on the Consent Calendar. Item Noo 6: Notice from the Alcoholic Beverage Control of an application for an On-Sale Beer License transfer for the Timber Inn, located at 6395 W. Ball Road. -Recommendation: l~ceive and fileo Item Noo 7: Consideration of request to proclaim the week of March 1-7, 1971 as "Quality Week in the City of Cypress~" Recommendation: That the City Council grant the request~ Item Noo 8: Consideration of request to proclaim the month of March as "1971 Easter Seal Month."' Recommendation: That the City Council grant the request. Item Noo 9: Receipt of Orange County Mosquito Abatement District Minutes of the January 21, 1971 meeting. Recommendation: That the City Council receive and file these minutes. PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO ORDINANCE NO 90~ AUTHORIZING THE ZONING ADMINISTRATOR TO CO.NSIDER AND DETERMINE APPLICATIONS FOR HOME OCCUPAT.I,ON. PERMITS: The Mayor announced this was the time and place for the Public Hearin8 to tuneider an amendment to Ordinance Noo 90, the Zoning Ordinance, to authorize the Zoning Administrator to consider and determine applications for Home Occupation Permits. The Mayor declared the Public Hearing open, and requested the Staff to present its reports, The City Manager presented a report dated February 17, 1971, which indicated that the affidavits of posting and publication of the Notice of the Public Nearing are on file in the office of the City Clerk, and no communications have been received regarding the proposed amendment. -6- City Cotmcil Minutes February 22, 1971 The Secretary of the Planning Comission presented a report dated January 21, 1971, which transn~ttted a suggested amendment to the City Code establishing the office of Zoning Administrator; a suggested amendment to the Zoning Ordinance to authorize the Zoning Administrator to consider and determine applications for Home Occupation Permit; Resolution No l. 521, adopted by the Cypress Planning Commission on January 7, 1971, recommending the adoption of an Ordinance authorizing the Zoning Administrator to consider and determine applications for Home Occupation Permits; and a copy of the Minute Action of the Planning Con~sston reco~nending adoption of the suggested Ordin~mce establishing the office of Zoning Administrator. The report indicated that the creation of the office of Zoning Administrator does not create a new Job classi- fication, however, does provide for the designation of someone to act in that capacity. The report advised that the suggested amendments, if adopted, will speed up the procedure for processing Home Occupation Permit applications, and will allow the Planning Commission to devote more time to planning matters, since it would no longer hold hearings on Home Occupation Permit applications except on appeal° In response to an inquiry from Cotmcilman Lacayo, the Deputy City Attorney indicated that a provision for appealing a decision of the Plannning Commission to the City Coancil, is included in the existing Zoning Ordinance. In reply to another inquiry from Councilman Lacayo, the Deputy City Attorney stated that it was felt that a minimum of one Public Hearing a month would allow the Zoning Administrator to combine several applications and to hear them on the same date. Discussion was held relative to the minimum amount of Public Hearings which would be held before the Zoning Administrator each month, whereas Council~n ROberrs expressed concern that ~hould the minimum number of Public Hearings be as low as one, there may be an extensive waiting period for some applicants. There being no written or oral pro. tests, it was moved by Councilman ROberrs , seconded by Councilman Kenode and unanimously carried to close the Public Hearing. It was moved by Councilman Roberrs, seconded by Councilrash Lacayo and unanimously carried to consider Item Nc ~ 24 on the agenda, the Consideration of a Proposed Ordinance establishing the affice cf Zoning Administrator, at this time. The City Manager reviewed a repoxt dated February 17, 1971, which indicated that the Cypress Planning Commission, following the adoption of the Resolution reconmmnding to the City Council that a Zoning Administrator be authorized to consider and determine applications for Home Occupation Permits, also adopted a Minute Action recommending to the City Council that an Ordinance be adopted establishing the Office of Zoning Administrator~ It was moved by Councilman Roberrs 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: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, ROberrs and Kanel None Harvey Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE V TO CHAPTER 2 OF THE CYPRESS CITY CODE, ESTABLISHING THE OFFICE OF ZONING ADMINISTRATOR AND SPECIFYING THE POWERS AND DUTIES OF SAID OFFICE. It was moved by Councilhum Roberrs and seconded by Councilman Lacayo to modify Sec. 2-32 contained in the proposed Ordinance, to read, '~fhe Zoning Administrator 7 City Council Minutss February 22, 1971 shall conduct a public meeting at least twice a month and shall keep a record of all transactions." The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilmm~ Roberrs and seconded by Councilman Lacayo to approve the first reading of the Ordinance° The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilma~ Kenode and seconded by Councilman Lacayo to read the following Ordinance by title only. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS Ai~NDING ORDINANCE NO ~ 90° THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY AUTHOKIZING THE ZONING ADMINISTRATOR TO CONSIDER AND DETERMINE APPLICATIONS FOR HOME OCCUPATION PERMITS AND BY SETTING FORTH THE PROCEDURES THEt~FORo It was moved by Councllmml Kanode and seconded by Councilman Lacayo to approve the first reading of the O~dinan~e~ The m~tion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberts and Kanel None Harvey PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL OF THE PLANNING CO}~4ISSION DENIAL OF ZONE CHANGE NO, Z-191: The Mayor annotmced this was the tin~ and place for the Public Hearing to consider an appeal of the Planning Commission's denial of an application for an amendment to the Zoning Ordinance No. 90, to change the zone of a certain parcel of land from C-2 (Neighborhood Cormercial) to R-3 (Multiple-family Residential) on property generally located at 5911 Cerritos Avenue, Cypress, and known as Zone (~lange Now Z-191, submitted by Mr. Richard Pink, General Counsel for the Robert H. Grant. Corporati3n. The Mayor declared the Publio Hearing ~pen, and requested the Staff to present its reports~ The City Manager presented a report dated February 17, 1971, which indicated that the affidavits of posting, mailing and publication regarding this matter, are on file in the office of the City Clerk° Submitted as part of the record of the Public Hearing, was the original Staff Report, Planning Staff Report PC#71-8, concerning the matter, and excerpts from the Planning Commission Minutes of January 21, 1971, the date on which this item was brought before the Planning Commission for consideration~ -8- C~, Council Minutes February 22, 1971 Councilman Kenode stated that following the Planning Commission Public Hearing regarding this matter, he received a communication from the Robert H. Grant Corporation, to which the Deputy City Attorney replied, that it would not prejudice him since he indicated that he had received the communication. Counciln~n Lacayo and Roberrs, along with Mayor Kanel, stated that they too, received letters from the Grant Corporation. Coancilmm~ Roberrs indicated that he also had received phone calls from the Corporation, and felt that the position that this has created is one that makes it very difficult to be objective. The Deputy City Attorney than advised that should a Co~mcilmm~ feel that he could not fairly vote on the issue, without prejudice, he has the opportunity of abstaining° Mro Richard Pink, Attorney representing the Robert Ho Grant Corporation, addressed the City Council stating that he felt that the Planning Commission had been swayed in its decision to deny the application by the great number of people who objected to the granting of the zone change~ Mr. Pink then apologized for the letters, which were sane to the Comcilmen, and the phone call to Councilmm~ RobetEe, and etated that it had not been the intention to pressure anyone, and that the applicants had not been informed that en appeal was to be handled differently. Mr. Pink indicated that he did not feel the subject property will develop comnercially, as the businesses in that vicinity have been doing very poorly and will not survive unless there is additional traffic. Mr~ Pink then showed slides of the surro~mding area and stated that in the event the zone change is approved, a multiple-family development, with a maximum of 24 units would be constructed on the subject property, end further, that the Grant Corporation would be willing to plant trees or construct carports in such a manner as to prevent any privacy problems to the adjacent R-1 homes. There being no additional testimony in favor of the application, Mayor Kenel asked if there was anyone in the audience who would like to address the Cornoil speaking in opposition to the proposed change of zone~ Mr'~ John Baker, 5975 Rexford Avenue, Cppress, stated that the majority of R-1 residents in the surrounding area, are opposed to the rezoning of the property in question° He added, that Mr o Pink cannot guarantee the property owners that their taxes will not increase; that there would not be a problem with parking; and cannot guarantee that the appearance of the apartment complex will not deteriorate in time~ Mrs° Mitchell Leroux, 5875 Rexford Avenue, Cypress, stated that she felt that a multiple-family complex would create problems with parking and schools, and indicated that she would prefer to have the lot remain vacant than to allow an R-3 development° Mr. Harry Tubbe, 10437 Bedford Court, Cypress, presented the City Council with a petition signed by 86 homeowners in the community, opposing the request for a zone change. He expressed concern that a multiple-family development would invade the privacy of the citizens in the R-1 homes, and suggested another use for the property, such as a medical centerr Mr~ Robert Brindley, 5865 Rexford Avenue, Cypress, stated that he was opposed to the request for a change of zone. At the request of Mro Ed Davis, 5965 Rexford Avenue, Cypress, everyone in the audience who was in opposition to the zone change stood. Mr. Davis stated that he was seriously opposed to the request. Mrs. Robert Lopez, 10442 Rexford Drive, Cypress, indicated that the service station located at a shopping center in the vicinity gives poor service, which is the reason for its not being a success. She further indicated that she did not feel that 24 units would add to the shopping center. Mrs. Lopez expressed concern that the driveway proposed for the development, should the zone change be approved, would create a safety hazard. 9 City C~'~mcil Minutes February 22, 1971 53 Mrs~ Alice Frankiewich, 4219 Dover Circle, C~press, compared the proposed development with the multiple-unit development located on Moody Street, Cypress, and stated that she was very much in opposition to the change of zone request~ Mro Richard Powell, 5905 Rexford Avenue, Cypress, and Mr, Tolg, 10424 Camden Drive, Cypress, expressed opposition to the rezoning, In response to an inquiry f~om Councilma~ Kenode, the Secretary to the Planning Commission indicated that he had viewed the plot plan for the proposed development, and it appeared that 24 units could be constructed and still adhere to the setback requirements~ Mr~ Pink addressed the City Co%moil stating that he had been under the impression that the multiple-unit development was not to be considered at this time; but rather, the matter to be considered is the zone change, The Deputy City Attorney advised that the question before the City Council tonight, is a detel~ninetion as to the highest and best usa for the subject property, although the possibility of apartments and the density which would be created by an apartment development could be taken into consideration, In response to an inquiry from Councilm~"~ Roberrs, the Deputy City Attorney stated that the City cannot determine that any other change of zone would be more adequate than the request which has been presented this evening. Mro Pink then presented a rebuttal t~ statements which had been made by the homeowners earlier~ etaring that the Grant Corporation would be submitting a precise plot plan and could guarantee that at would meet the City~s standards for attractiveness, and that many of the problenB c~mnected wi~n a multiple-unit development could be prevented by the u~e of a Conditional Use Permit° He added that there would not be a problem with schools, as the proposed development would more than likely consist of one bedroom units° With regard to voting on the matter without preJudice, Councilmm~ Roberrs stated that under the circlamstances, the Attorney for the Grant Corporation had done as much as anyone could de tc create a neutral situation, and therefore he would be able to act on the matter~ It was moved by Co'ancilman Robex~s, seconded by Councilman Lacayo and unanimously carried to close the PuDlic Hearing at 'this time. Mayor Kanel indizated that although Mr.. Ptnk's remarks had merit, he felt that there was not an adequate amcm~t ef ccrm~aercial property in the City~ Mayor Kanel indicated that the revenue which would be forthcoming to the City should an apartment development be developed, would be minimal, and added that perhaps conditions may change end an extension to the shopping center could be constructed° Councilman Roberrs stated that he is having an experience with an R-1 residential home adjacent to an apartment development, and indicated that there is an invasion of privacy when all those on the second story of the multiple-unit can look into the yards of the residential homes, Councilman Roberrs further indicated that he felt the subject property does, however, appear to be totally unueable as it is presently zoned, and is equally unsuited for an R-3 zone, Councilmaa Roberrs then suggested that the Planning Commission conduct a study relative to the highest and best use of this particular propertyo Councilman Kenode indicated that he was not opposed to apartments~ per se; however, felt that they should be properly planned and properly placed, and also they should be a part of the City~s master plan~ Councilman Kenode stated that he felt that eventually, this particular area will be needed for a commercial use, and that in this situation, he would be opposed to changing the zone from C~2. City Co~mcil Minutes February 22, 1971 It was moved by Councilman Kanode and seconded by Councilman Lacayo to deny the appeal of the Planning Commission's denial for Zone change No. Z-191. THe motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel None Harvey RECESS: Mayor Kanel declared a recess at 10:25 p.m. The meeting was called back to order at 10:54 p.m., with the following Comcilmen present: PRESENT: Councilmen Kenode, Lacayo, Roberts and Kanel ABSENT: Councilman Harvey PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL OF THE PLANNINGCOld~ISSION DENIAL OF ZONECHANGENO~Z~192: THe Mayor announced this was the time and place for the Public Hearing to consider an appeal of the Planning Commission's decision denyingan application for an amendment to the Zoning Ordinance No. 90 to change the zone of a certain parcel of land from R-1 (Single-family Residential) to PD (Planned Development) on property generally located at 4502 Orange Avenue, Cypress, and known as Zone Change No. Z-192, submitted by Mr. Daniel Marquez. THe Mayor declared the Public Hearing open and requested the Staff to present its report. THe City Manager presented a report dated February 17, 1971, which indicated that the affidavi~s of posting, mailing and publication of the Public Hearing Notice are on file in the office of the City Clerk, and no communications have been received on this matter other than the letter of appeal. Discussion was held relative to continuing this matter because of the lateness of the hour. Co~mcilman Roberrs urged the City Council to adjourn to a special meeting to consider the remainder of the items on the agenda. It was moved by Councilman Kanode and seconded by Councilmsm Roberrs to continua the Public Hearing on this matter to the next regular meeting of the City Council, scheduled to be held on March 8, 19710 THe motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilman Roberts and seconded by Councilman Lacayo to adjourn at 11:00 p.m. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Lacayo and Rob errs NOES: 2 COUNCILMEN: Kanode and Kanel ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Fanode, seconded by Councilman Lacayo and unanimously carried to consider Item No. 30 on the a~enda at this time. CONSIDERATION OF EXTENSION OF TIME ON THE URGENCY ORDINANCE NO. 441} DELETING THE REQUIREMENT OF A CONDITIONAL USE 'PERMIT FOR THE SERVICE OF .ALCOHOLIC BEVERAGES IN THE C-2, C-3 AND H~C ZONES: The City Manager presented a report dated February 17,1971, which indicated that t~e City Co~mcil at its regular meeting of November 23, 1970 adopted an Urgency Ordinance amending Sections 11/.2, 113.2, and 114.2 of Ordinance No. 90, which will Expire on February 22, 1971. At the request of the City Manager, the Deputy City Attorney presented a verbal report, indicating that this Urgency - 11 - City Cornoil Minutes February 22, 1971 Ordinance cannot be extended at this evening's meeting of the City Cornoil, as due to the absence of the City Attorney, because of illness, the proper notifications had not been made. He then advised that the City Council could, consider as a separate item, enacting a somewhat different Urgency Ordinance covering the same subject area. He suggested that this could be accomplished by changing the phrase "alcoholic beverages" to "alcoholic beverages other than beer or wine." The Deputy City Attorney further advised, that should the Council so desire, they could consider taking no action at all and let the Urgency Ordinance expire and to then process this matter as a regular Ordinance. It was moved by Councilman Roberrs to adopt a new Urgency Ordinance, simllar to the one which is to expire as of this date, with the phrase "alcoholic beverages" changed to "alcoholic beverages other than beer or wine." The Deputy City Attorney then indicated that in light of the fact that the expiration of the present Urgency Ordinance would not affect any businesses at this time, that the most appropriate solution would be to let the Ordinance expire and to than process a regular Ordinance~ Councilman Roberrs withdrew his motion. COUNCILMAN ROBERTS LEFT THE MEETING AT 11:07 P.M. It was moved by Councilman Kanode and seconded by Councilman Lacayo to direct the Staff to initiate a permanent Ordinance, relative to this subject matter, through the Planning Commission. The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 2 COUNCILMEN: Kanode, Lacayo and Kanel None Harvey and Roberrs It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to consider Item No o 15 a on the agenda at this tim. REQUEST mR CONSIDERATION OF ADDITION TO GAPSON INC. TRUCKING BUSINESS: The City Manager reviewed what had transpired in the afternoon session of the City Council relative to the request from Mr. Jess Harrelson, owner of Garson Inc., regarding the addition of a concrete slab on his property for the purpose of steam cleaning his trucks~ The City Manager indicated that since a requirement of the Conditional Use PerTnit pertaining to Mr~ Harrelson's business stipulated that all modifications or use of any structures on the property would be approved by the Planning Couraission, the matter must go before the Planning Conmission, which it is currently scheduled for consideration by the Commission at its meeting of March 4, 1971. The City Manager stated that it had been Councilman Robert's feeling that the City Council should urge the Planning Conmission to favorably consider this matter as reasonable, and in a minimum amount of time. Councilman Kanode indicated that he would be opposed to indicating to the Planning Conmission what its decision on this matter should be. It was moved by Coancilman Kanode and seconded by Mayor Kanel to refer this matter to the Planning Conmission for consideration at its next regular meeting. Councilman Lacayo stated that he was in agreement with Councilman Roberrs, and that the matter is scheduled to be considered by the Planning Commission. He added, that during the afternoon session of the City Council, he had questioned the Secretary to the Planning Conunission, that had the clause stipulating that the matter had to come before the Conmission not been a part of the Conditional Use Permit, would he have issued the permit to install the steam cleaning device; to which he had replied that he would. Councilman Lacayo then indicated that he would be in favor of urging the Conmission to expedite the request of Mr. Harrelson, and to indicate that the Council is not against this particular action° - 12 - City Comcil Minutes February 22, 1971 Following discussion, it was the general consensus of the City Council that the City Couucil would not take ~ny action relative to this item at this tim as the utter will be considered by the Planning Co~Miesion at its next regular mating. Councilmm~ Kenode and Mayor Kanel withdrew their motion. It was moved by Councilman Lacayo, seconded by Councilmen K~aode and unanimously carried to consider Item No. 31 on the a~enda at this tim. CONSIDERATION OF APPROVAL OF COMR. CIAL. WAKRANT LIST FOR WARRANT NO ~ 26010 THB~3GH 2609~: It was moved by Councilmere Lacayo 'and "~econded by Co~cil~n fano~e to approve the Commercial Warrant List for Warrants No. 26010 throu~ 26096 in the total amomt of $96,000°67° The motion was unanimously carried by the following roll call vote: AYES: 3 COUNCILI~N: NOES: 0 COUNCIL}~N: ABSENT: 2 CO~NCIL~N: Kenode, Lecayo and Kanel None Harvey and Roberrs 01L~L C01a4UN.ICATIONS: Mr. Randy Seelay, 115 Harbor Island Bead, Newport Beach, California, addressed the Council relating what had transpired at the Los Al~m{tos City Council, earlier this evening, in regards to the Los Alamitoe Naval Air Station property. ADJOI/RNMENT: It was moved by Councilms~ Lacayo, seconded by Councilmen Kenode and unanimously carried to adjourn at 11:25 p~mo ATTEST: - 13 -