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HomeMy WebLinkAboutMinutes 71-03-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 8, 1971 The regular meeting of the Cypress City Cormnil was called to order at 4:09 pomo, on Monday, March 8, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Roberrs and Kanel ABSENT: Councilman Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James Eo Erickson and the following members of the City Staff: Dunlap, Schatzeder, Nudson, Grissom. MINUTES: It was moved by Councilman Roberrs, seconded by Councilms~ Harvey and imanimously carried to defer the consideration of the Minutes until such time as all Council- men are present~ STAFF REPORTS AND D!pCUSSIONS: At the request of Mayor Kanel, it was moved by Councilman Kanode, seconded by Councilman Harvey and unanimously carried to place on the agenda at this time, the consideration of a Resolution commending the Buena Park Baton Corps, the Calicoetteeo Mayor Kanel stated that over one-third of the members of the Calicoettes baton twirling group are residents of Cypress~ It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to direct the City Manager to prepare a Resolution of Commendation co~nding the outstanding achievements of the Calicoettes, to be presented to the City Council for adoption at its next regular meeting. Mayor Kanel indicated that he had received a request for a proclamation from the Southern California Coordinating Coonnil of the Women's American Organization for Rehabilitation to Train, proclaiming March 17, 1971 as "ORT Day" in the City of Cypress° It was moved by Cooncilman Kenode, seconded by Councilman Harvey and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously Da" carried to proclaim March 17, 1971 as "ORT y in the City of Cypress. At the request of Mayor Kanel, it was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to place on the agenda at this time, the consideration of Resolutions of Couanendation for Eagle Scouts Jeffrey Zwart and Berry Hornbyo It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to instruct the City Fmnager to prepare Resolutions of Commendation for Boy Scouts Jeffrey Zwart and Berry Hornby on achieving the rank of Eagle Scout, to be adopted and presented at the next regular meeting of the City Council° City Council Minutes March 8, 1971 ' The City Manager then reviewed the various items contained in the progress report ~ It was moved by Cotmcilman,Roberts, seconded by Councilman Harvey and unanimously carried to place on the agenda at this time, a discussion pertaining to general cormnunication between the City Council and developers. Councilman Roberrs then requested that the City Attorney discuss in general, the problems which ere or could be associated relative to items which may or may not come before the City Council for a Public Hearing, and how developers can co~anunicate with the City Council~ The City Attorney related a case involving active partici- pation by a City Council regarding a revocation of a Conditional Use Permit, and stated that the court determined that the Public Hearing before the City Council was not a fair Hearing, and that as a result, it is the practice that in matters which are subject to a Public Hearing, a Council must base its decisions upon the material which is presented during the course of the Public Hearing. He indicated that a Councilman could, however, present a "full disclosure" of all information received prior to the Hearing, at the Public Hearing. The City Attorney stated that in quasi-Judicial matters, there are probably very limited opportunities for the Cotmoil to obtain any additional evidence outside of the Public Hearings. He stated that the latitude is much broader in the quasi-legislative type of Hearing. The City Attorney further indicated that the law does not encourage a Council to commit itself in advance by approving a particular type of development ~ Mayor Kanel indicated that he had recently had a discussion with the President of the Cypress Velunteer Fire Association who indicated that there seems to be a problem with communication between the Fire Department and the Police Department relative to rescue responses, It was the general consensus of the City Council that a meeting, with the Mayor, City Manager, Police Chief and a representative from the Fire Department, be held to determine whether or not there are problems of this nature, and to report the findings back to the City Council~ Discussion ensued relative to Conditional Use Permit No~ C-223, and as to whether or not ~he developer has completed all of the requirements of his Use permit~ In response to an inquiry from Mayor Kanel, the City Manager indicated that the the only condition which remained to be completed, was the installation of a barrier to prohibit parking in the open spaces adjacent to the R-1 areao The City Manager fur'~her advised that the Larwin Company had agreed to install these barriers upon requsst~ Councilman Roberrs indicated that he had assumed that this matter was being accomplished, and was not aware that ~he Staff was waiting for the questions that he had previously indicated that he was going to submit, before forcing the issue one way or another. He then stated that he will plan to meet with the City Manager Co discuss the remaining problems, in the near future° Because of the Consultant~s presence in the audience, it was moved by Cotmcilman Roberrs, seconded by Councilman Harvey and unanimously carried to consider Item No I~ I1 on the agenda at this time. CONSIDERATION OF REPORT ON ADDITIONAL COST FOR REDESIGN OF JUANITA STREET PARK: The City Manager presented a report dated March 3, 1971, which reviewed the cost for the landscape architect consulting service required for the redssign of the Juanits Street Park° The report recommended that in the event that similar contracts based on an hourly cost are approved in the future, that the contractor be prohibited from incurring costs in excess of the purchase order without prior approval of the City. In answer to a statement by Councilman Roberrs, Mr~ Galen Sullivan, Recreation Land Planners, Inc~, addressed the Council stating that it was unfortunate that the bulk of the work was accomplished within the last 30 days. He explained that his company does bill on a monthly basis for the work which has been performed during the particular month~ Mr~ Sullivan outlined the various unanticipated items which resulted in the additional charges, and stated that it is very -2- City Council Minu~es Ma~ch 8, 1971 diffic~alt ~o estimate the number of hours which will be spent on a revamping ~ype of proJect~ Councilman Rob errs indicated that the City tomoil did not question the work or the quality of the work which had been performed; but rather, was concerned about ~he increases in the esti~ted costs for the project o It was moved by Councilman Roberrs and seconded by Councilman Harvey to authorize the payment to Recreation Land Planners, Into, as outlined in the report. The mztion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo It was moved by Councilman Harvey, seconded by Councilma~ Roberrs and unanimously carried to consider Item Noo 4 on the agenda at this time, and to proceed with the agenda items until 5~30 p~m~, at which time a presentation from the Orange County Water District has been scheduled!. CONSIDERAIION OF NOTIFICATION OF A TI~SFER APPLICATION FOR AN OFF-SALE BEER & WINE LICENSE: The City Manager presented a report dated March 3, 1971, which indicated the City has received notification from the Alcoholic Beverage Control Board of an application for the transfer 3f an Off-sale Beer and Wine License at 9080 Bloomfield Avenue from Donald L~ Bendsite, Lloyd Jo Mokler, Paul Ao Pitts and Lawrence E~ Zamboni to John Fo and Mary Lo O'Neilo The report advised that the Police Department investigation revealed no basis for a p%otest~ It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously car%led tD receive and file the notification~ CONSIDERATION OF NOTIFICATION OF AN ORIGINAL APPLICATION FOR AN OFF-SALE BEER & WINE LICENSE: Tne City Manager presented a report dated March 3, 1971, which indicated the City has received notification from the alc3holic Beverage Control Board of an original application for an Off-sale Beer and Wine License for the Dutch Fride Dafzy, located at 11741 Valley View Street, Cypress, by Thomas Go Van Ruiten ~ The report advised that the Police Department investigation reveals no basis for protest° The report further advised that the City Council has received a protest petition from ~es idamrs of West Garden Grove and Cypress for the issuance of the subject license, and furthermore, that the Secretary of the Planning Commission advises that the Dutch Pride Dairy is currently located in an R-1 Zone, and is operat- ing under a Conditional Use Permit, No~ C-120, which was granted by the City Council in November, 1960~ The report indicated that in reviewing the approved Conditional Use Permit, it appears that the addition of an Off-sale Beer and Wine License would be in violation of ~he Conditional Use Permit as originally granted~ In response to a statement by Mayor Kanel, the City Attorney indicated that it is clear that the sale of beer and wine is not permitted under the terms of the Conditional Use PermArc It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to fo=vard an official protest to the Alcoholic Beverage Control Board, regarding the requsst, as the dairy is operating under a Conditional Use Permit which permits the sale of dairy products onlyo At this time, Mr~ Nail Klein, Assistant Manager of the Orange County Water District, addressed the Council stating that the Orange County Water District's prese~tation is in answe~ to the reconmmndation, contained in a study prepared by a committee of the League of California Cities, which is to investigate the feasibility of consolidating the Orange County Water District with several other Districts° Mr. Klein proceeded with the presentation, which included background information regarding the formation of the Orange County Water District, and outlined the primary responsi- bilities of the District° -3- City Cooneli Minutes March 8, 1971 '7D In reply to a question from Mayor Kanel, Mr, Klein stated that ten members serve on the Board of Directors, and that the District is divided into ten divisions, three of which appoint their representatives. RECESS: It was moved by Counclln~nHarvey, seconded by Councilman Roberrs and u~animously carried to recess at 6:00 pom~ to 7:30 p.mo CALL TO 0I{DER: 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, Kanode, Lacayo, Roberrs and Kanel ABBENT: None Alsc present were City Manager/City Clerk Dartell Essex, City Attorney James E, Erickeen and the following members of the City Staff: Dunlap~ Schatzeder, Hernandez, Savord, Nudeon and Griseom~ PLEDG~ q~ ALiEGiANCE: Boy Scout Troop 676 led the City Council and audience in the Pledge of Allegiance° ORAL COMMUNICATIONS: Mr~ Pete Van Ruiten, 9433 Bloomfield Street, Cypress, addressed the City Council qaestioning the reason for the litigation between the City and the Cypress County Water Dietrict~ and expressing concern over the amoon~ of funds which will be expanded fcr legal services~ The City Manager reviewed the actions of the City C~uncil and the Board of Directors of the Cypress County Water District regarding ~he status of that District~ which has resulted in a filing of a law-suit against the City by the Board of Di~ectors of the Cypress County Water District~ FeilGwing ~onsiderable discussion regarding this matter, Councilman Roberts addressed M~! Van Ruiten stating tha~ the City Council shares in his concern over the to. st to the taxpayers, and indicated that it is with regret ~hat the City has had to e~pend funds for this purpose; however, it is only defending itself in a suit which had been instigated by the Water Distric~. Councilman Roberrs suggested that Mrl. Van Ruiten approach the Water District expressing the concern which he ned expressed this evening~ Cauncilman Harvey explained that the City Council reduced the tax rate last year, and the City presently has one of the lowest tax rates in the County; however, ~f the highest over-all tax rates which is due to special districts, such as the Cypress County Water District, which the City is attempting to eliminate and to then pass the savings on to the taxpayer~ Mr. joseph Hardcastle, 4588 Blanca Drive, Cypress, addressed the City Co'oncil stating that more parks were needed in the community, particularly in the northwest portion of the cDTmnunlty~ COJTINUAIION OF PUBLIC HEARING RE: CONSIDERA~!ON OF AN APP~_AL OF T~E P~A~..ING COI~qISSION DENIAL OF ZONE~_~GE NO o Z-192: The Mayor announced this was the time and place for the'continuation of the Public Hearing to consider an appeal of the Planning Coxmnission~s decision denying an application for an amendment to the Zoning Ordixance No~ 90, to change the zone of a certain parcel of land from R-I (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~ -4 - City Cornoil Minutes March 8, 1971 The Mayor announced that the Public Hearing was open and requested the Staff to present its reports~ The City Manager presented a ~eport dated March 3, 1971, which indicated that the affidavit of posting of the notice of continuation of this Public Hearing is on file in the office of the City Clerk, and that no further communications have been received on uhis matter~ The Secretary to the Planning Commission then presented Planning Staff Keport PC#Tl-10, dated January 15, 1971, which outlined the zoning of the adjacent properties and the uses which would be permitted under a Planned Development Zone, Mayor Kanel then asked if there was anyone in the audience wishing to speak in favor of the request for a zone change. Mro Tom Makiao, registered architect, addressed the City Council speaking in behalf of ~he applicant, stating that the applicant wished to exercise the right of an individual property owner to develop his property within the concept of good zoning practiceso Mr~ Makino then stated that when the Ordinance determining that the dairy operations within the City would cease by April, 1971, the applicant felt that the cooperation to cormply would serve the best interests of the general welfare of the public, and retained the services of an architect, a representative of a bank, and a tax consultant.~ Mr~ Makino then displayed a map which depicted the area in question, along with the adjacent properties, outlining reasons why he felt that the Planned Development Zone would be the most appropriate zone for the property° Mr~ Makino handed the City Council a petition which was signed by citizens endorsing the zone change. The City At~orne~ s t a ted that in relation to petitions, it is not material how many people are for or against a change of zone proceeding, and the use of petitions is generally to be discouraged~ He further stated that the question before the Council is what is the highest and best use of the subject property~ Mr~ George H~ Watson, 19361 Brookhurst Avenue, Huntington Beach, California, addressed the Council speaking in behalf of Mr~ Marquez~ Mr. Watson rea~ in full, a notice which he claimed was circulated to citizens in the community, inviting them to attend the meeting of the City Council if they would be opposed to the development of a trailer park on the subject property~ Mr~ Watson indicated t h a t t h e property owners of the property in question have owned the land for a number of years, and the fact that they have been directed to end their dairy operation has created a hardship° Mr~ Watson further indicated that they should be given the opportunity to develop their land, and then indicated that the use which is proposed foI the property would be of a low density rate and would be compatible with the surfrounding area. In response to an inquiry from Mayor Kanel, Mr~ Watson stated that he was a Director of the Orange County Golden State Mobile HomeMere' League of So, California~ Mr~ Edward Coloton, Land and Park Development Director of the Trailer Coach Association, Anaheim, California, stated that his purpose in addressing the City Council, at the request of Mr~ Marquez, is to bring forth some facts which are considered pertinent to the selection of sites for mobile home parks~ In answer to an inquiry from Mayor Kanel, the City Attorney advised that ineofar as the discussion on mobile homes relates to the propriety of the subject property for the use for a mobile home park, since it is one of the uses permitted in a Planned Development Zone, it would be material. He added, however, that the City Council is to be considering the highest and best use of the property. -5- City Council Minutes March 8, 1971 Mr~ Coloton proceeded with his presentation, listing statistics as to the average density of a mobile homo park, and stated that these developments should be incorporated into the Housing Element of a city's General Plan ~ He described e modern mobile home park, and stated that the underground utilities, maintenance, streets, sewer lines, etco, are all installed at cost to the developer, and indicated that the City would receive considerable revenue from a development of this nature° Mrs¢ Akira Mcrio, 4400 Orange Avenue, Cypress, stated that she and her husband operate the wholesale tree nursery directly west of the subject property, and that they are very much in favor of the proposed development of the property~ Mayor Kanel then asked if there was anyone in the audience who wished to speak in opposition to the requested change of zone~ Mrs° Alice Pzankiewich, 4219 Dover Circle, Cypress, addressed the Council urging that Mr~ Marquez~ request for a Planned Development zone change be denied~ Mrs. Frankiewich stated that under a PD zone, an R-4 development could be constructed, and expressed concern that should a development which would result in high density be developed, there would be a problem with overcrowding the schools° She further indicated That a development on the subject property might be setting a precedent Eor the type of use which will be considered in the future for the Texaco Inc. tank farm, Mrs~ Frankiewich quoted several articles from the newspapers relating to The problems of high density, and stated that high density residential develop- ments should be located on the periphery of business districts~ adjacent to other conmezcial aTeask She stated that she considered the best and highest use for the property in question to be either for R-1 homes or a conmunity park~ RECESS: Mayor Kanel declared a recess at 9:00 p.m. The meeting was called back to order at 9:10 p~m~, with all Councilmen present~ M~ Bob Hopkins, 4192 Avenida Madrid, Cypress, stated that he has not heard a~ either the Planning Commission Public Hearing or the Public Hearing this evening, what circumstances are different since the last time the City Co~mcil denied a change of zone for this parcel of land~ He further stated that a zone Dhange should contribute to the overall benefit of the community. Mr~ Hopkins stressed that maintaining the quality of the environment, and not the econJmic aspects, should be the first consideration~ He questioned whether or not the City should maintain its present growth rate~ Mr~ Hopkins indicated that he had Just received some information regarding the fact that the schools in the community are now overcrowded, and presented the printed material to the Council for review~ Upon being advised by the City Attorney that a copy of the report would either have to be provided to the applicant or read in full, a copy was provided to the applicant~ At the request of Councilman Kenode, Dr~ Arnold Moss, 9415 Cambridge, Cypress, indicated ~hat the material which Mr~ Hopkins presented to the Council was prepared for the Cypress School Board of Trustees meeting, scheduled for March 9, 1971, and the information came from the office of the Superintendent~ In reply to an inquiry from Councilman Harvey, Mr. Hopkins stated that he would prefer that the subject property be used for a park site; however, perhaps R-1 could be applied to that location~ He stated that he was not particularly in sympathy with the dairies as they had ten years in which to relocate~ Mrs. Joseph Hardcastle, who addressed the Council earlier under 0ral Communications, stated that he favored a park site for the subject location~ -6 - City Council Minutes March 8, 1971 Mr.. Wayne Valerite, 4490 Avonida Granada, Cypress, asked what was planned for the future use of the Texaco tank farm, whereas, the City Attorney advised that the time period for the elimination of this non-conforming use is Z5 years ~ A discussion was held relative to the taxes which the City would derive from a mobile home park° Mrl Valorits then indicated that he would favor the use of the property for a park. Mr, Makino, representing the applicant, again addressed the Council rebutting some of the remarks made by those in opposition to the request. Mr~ Makino indicated that he did not consider isolation or exclusion to be a solution to the ecology problem, and further indicated that density would be much less in a mobile home park than in a R-1 development~ He stated that because it is planned that the proposed mobile home park would be an adult park, there would be absolutely no stress placed on the schools in the community~ Mrl George Watson presented various figures relative to the revenue which the City would receive from a mobile home park. He indicated that the mobile home perk would save the City approximately $90,000 per year in school taxes. He further indicated that 2% in-lieu taxes are paid by an owner, with the tax broken down into thirds~ one-third to the County, one-third to the City and one-third to ~he school district~ Mr. Watson further indicated that the only services which the City provides which would possibly be used by the proposed mobile home park would be that of fire and police protection. Mrl Daniel Marquez, 4502 Orange Avenue, Cypress, addressed the Com%cil stating that the mobile home park would be limited to adults, only, whereas, the City At!corney advised that the discussion was deviating somewhat from the criteria for the change of zone, and that whether or not the park would be for adults only would be determined at the Public Hearing on a Conditional Use Perm/t~ At the ~equest of Mro Bob Hopkins, Mayor Kanel agreed that those citizens who were in opposition to the request and had new testimony, could address the Council. Mrs~ Arnold Moss, 9415 Cambridge, Cypress, stated that she is currently Working on the Drug Abuse Council, and that it is her feeling that parks and recreational facilities are very much needed in the City in order that children and teensgets would have something constructive to do~ Mrs. Moss expressed concern that there may become a severe problem rolering to teensgets and drugs if the City does not lock into the future./ Mrs° DaviU Hobart, 4143 Cheshire Drive, Cypress, stated that she was represent- ing Mrs~ Patrick Howard, of the Cypress Junior Women's Club, and that she lived adjacent to the mobile hon~ pa~k located on Lincoln Avenue~ Mrs~Hobart indicated that her ho'aB has been burglarized on two occasions, by teenagers in order to obtain money for dzugs~ She stated that she felt a park in the community is needed to curb the drug problem° In answer ~o statements made by Mr~ Bob Hopkins, the City Attorney stated that is correct to say that although the applicant has referred to 8.5 units per acre as the proposed density for a mobile home park, that under the PD zone any use may be permitted which is permitted in the R-l, R-2, R-3, R-4, C-1 and C-2 zones, which could include a density up to 29 units per acre. He stated that it is not correct, howeves, to assume the City is not able to restrict mobile home parks to adults only~ as in the event there is the agreement of the applicant to do so, this may be added to the Conditional Use Permit~ The City Attorney further advised that the City can lix~t the term of the use of the property for a mobile home park, pursuant to the powers under the Conditional Use Permit~ City Council Minutes March 8, 1971 Following the public testimony, discussion ensued among the Councilmen o Councilman Kenode observed that in the report concerning the City's schools which was earlier provided, that apparently, with the exception of two schools, the trend is toward less crowded classrooms° Discussion was held regarding the safety hazard which might exist due to the oil contained in tanks at the Texaco, Inc~ tank farm~ In answer to an inquiry from Councilman Roberrs, the City Attorney advised that a Conditional Use Permit is required for any use in a Planned Development zone° Councilman Roberrs then asked Mr~ Marquez if he was aware of this requirement, to which he replied that he wast RECESS: Mayor Kanel declared a recess at 10:40 p~m. The meeting was called back to order at 10:45 p~m<, with all Councilmen present. At the request of Councilman Roberrs, the Chief of Police reviewed statistics ~rom the Police Department which indicated that the number of reported police hazards were significantly less in the vicinity of the mobile home park on Lincoln Avenue than in most R-1 areas of the City. Councilman Harvey indicated that implication had been made this evening that the Council and the City has ignored the needs of the citizens in that part of the City in the vicinity of the subject property, relative co parks, which, he stated, is completely erronec~s~ Councilmen Harvey further stated that he was concerned about the considerable ameI~,nt of prejudice which was evident this evening, and that the highest and best use for the property was to be considered, and not the use which was proposed! Councilman Harvey urged that consideration other than emotional end personal approaches be given to this problem° It was moved by Co~uncilman Roberrs and seconded by Councilman Lacayo to close the P~Dlic Hearing at this time° The motion was unanimously carried by the following roll ca~L1 ~oCe: AYES: NOES: ABSENT: 5 COUNCILMEN 0 COUNCILMEN 0 COUNCILMEN Harvey, Fanode, Lacayo, Roberos and Kanel None None Councilman Roberrs stated that it has been his feeling that the entire concept of zoning violates the Constitution as far as an individual is concerned~ In answer to a statement by Councilmm~ Roberrs, the Secretary to the Planning Commission indicated that the applican~ had applied previously for an R-3 change of zone; however, found that the R-3 zone did not permit mobile home parks~ Councilman Kenode indicated that the problem is a serious one, and must be considered as such° He further indicated that if the property was to remain under one ownership for the next fifteen to twenty years, perhaps the Texaco Inc~ tank farmwould relocate, leaving a solid block of property which could be planned for ~he cormnunity~ Mayor Kanel stated that editorials which have appeared in a leading newspaper in the County, have indicated that the City Council is persecuting the dairymen~ He stated that the dairymen started the City of Cypress, and that =he Council is not persecuting anyone° Mayor Kanel indicated that if years ago when various park bond issues were considered and they had been passed at the elections, the park situation would have been quite different~ He then indicated that he would not be in favor of a Planned Development zone for the subject property at this time; but would rather wait to determine whether or not it could be developed as an R-i development, as well as allowing an opportunity to examine the outcome of the legal aspects relative to the relocation of the dairies within the City° -8- City Council Minutes March 8, 1971 Councilman Lacayo expressed concern relative to the implementation of the City's Townscape Element of the General Plan, which suggested special treatment he given to the Texaco Inc~ tank farm and surrounding area, and further indicated that he felt that an H-1 development would be more in accordance with the Townscape Plan, It was moved by Councilman Lacayo and seconded by Mayor Fanel to deny the appeal of the Planning Commission's decision denying an application for an amendment to the Zoning Ordinance No~ 90 to change the zone of a certain parcel of land from R-1 to Planned Development on property generally located at 4502 Orange Avenun, Cypress, and known as Zone Change No~ Z-192~ The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanode, Lacayo and Kanel Harvey and Roberrs None Councilman Kanode stated that he would like to see a study conducted by the City Staff and Planning Commission of the entire area in the vicinity of the property which was Just under consideration, to determine what the highest and best use would be, with a report forthcoming to the City Council~ Councilman Fanode indicated that he would also like to receive information concerning mobile home parks, relative to the various conditions which can or cannot be placed upon them. He indicated that he would like to be more informed, as he is a little skeptical about the information which one receives from public testimony when there is not the information to substantiate Councilman Roberrs then stated that many cities require a "swearing in" before allowing a person to give public testimony at a Public Hearing~ The City Attorney indicated that swearing in is not required; however, the Council could establish this requirement if it so desired~ At the request of Mr~ Makino, it was the general consensus of the City Council that consideration of the establishment of a zone for mobile home parks be included in the study by the Planning Commission. ?UB~IC HEARING RE: CONSIDERA%~O.N_ OF q0~D~0NA~ ~SE ~EEM~T.N~. C~241: The Mayor announced this was the tim~ and place for the Public Hearing to consider Conditional Use Permit Noo C-241, to allow the construction of an 18-unit development on property generally located on the west side of Juanits Street approximately 330' north of Ball Road, requested by Larwin Southern California, Inc. The Mayor declared the Public Hearing open. It was moved by Councilman Roberrs, seconded by Councilman Fanode and unanimously carried to continue the consideration of this Public Hearing to March 15, 1971 at 8:00 pots. PUBLIC HE._AR~Nq .RE: CONSIDERATION OF AN APPLICATION_FOR.AN AMENDMENT TO THE ZONIN______jG 9Pa~INANCE Nq: .90~ KNOWN AS ZONE CHANGE Z-193.: The Mayor announced this was the time and place for the ~u~l~c 'Hearing to consider an application for an amendment to the Zoning Ordinance No~ 90, by changing the zone of a certain parcel of land within the City from H-C (Nighway Conmnercial) and C-3 (Commercial-Manufacturing) to PD (Planned Development) on property generally located 110' west of Grindlay, 220' west and 990' north of Lincoln Avenue. The Mayor declared the Public Hearing open~ It was moved by Councilman Kunode, seconded by Councilman Roberrs and unanimously carried to continue this Public Hearing to the City Council meeting which will be held on March 15, I971o -9- City Council Minutes March 8, 1971 MINUTE S: Cotmcilman Roberts requested an examination of the tape recording of the meeting held February 8, 1971, to determine whether or not there were conmnents which were made by him, pertaining to the Southern California Edison Company converting to nuclear power. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to approve the Minutes of the regular meeting of February 8, 1971o It was m~ved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to approve the Minutes of the adJ ourned regular meeting of February 16, 1971, as presented~ It was moved by Co~mcilman Kanode, seconded by Councilman Lacayo and carried with an abstaining vote by Councilman Harvey, as he was not present at that meeting, to approve the Minutes of the regular meeting of February 22, 1971, as presented. At the request of the City Manager, it was moved by Councilman Km~ode, seconded by Councilman Harvey and unanimously carried to consider Item No. 17 on the agenda at this time° CONSIDERATION OF AUTHORIZATION TO INITIATE ANNEXATION 71-1: The City Manager ~ese~tea'a ~rep0r~ da~ed March 3, 1971, which indicatea'~t at its me~-lng of February 24, 1971, the Local Agency Formation Conmission adopted a Resolution approving a proposed uninhabited annexation to the City of Cypress which is designated as Annexation 71-1. The report further indicated, the proposed annexation located on thesouth side of Lincoln Avenue between Valley View and Walker Street, I consists of 3~18 acres and is the future site of the Cypress Post Office° The report advised that the approval by the Local Agency Formation Commission allows the City Council to initiate proceedings to annex this territory by adopting a Resolution initiating the annexation proceedings and calling for a Public Hearing. It was moved by Councilman Kanode and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT PROCEEDINGS RAVE SEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SUCH CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS "ANNEXATION NO. 71-1" SETTING FORTH ITS REASONS FOR DESIRING ANNEXAtION AND GIVING NOTICE OF THE TIME AND PLACE SUCH CITY COUNCIL WILL HEAR WRITTEN PROTESTS AGAINST SUCH ANNEXATION. 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 Kanode, seconded by Councilman Roberrs and unanimously carried to consider Items No. 18, 19, 20 and 21 on the agenda at this time. CONSIDERATION OF APp~Qy.A~..0F COMMERCIAL WARRANT LIST FOR WA~TS NO. ~097 THROUGH 26i77: It was moved by Councilman Roberrs and seC6nd&d'by Councilman Lacayo and unanimously carried to approve the Commercial Warrant List for warrants 26097 through 26177 in the total amount of $70,078.59. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberts and Kanel None None - 10 - City Council Minutes March 8, 1971 CONSIDERATION OF SE~q~D;..READING OF AN Q~RDINANCE ESTABLISMING THE OFFICE OF ZONING ADMINISTRATOR: It was moved by Councilman Kanode and s~co~ded' ~' Councilman Lacayo 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, Kanode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: ORDINANCE NO. 443 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 ADMINISTRATORAND SPECIFYING THE POWERS AND DUTIES OF SAID OFFICE. It was moved by Co%mcilma~ Kanode and seconded by Councilman Lacayo to adopt Ordinance No. 443. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Fanode, Lacayo, Roberrs and Kanel. None None Harvey Councilmsa% Harvey indicated that he abstained from voting on this matter as he was not present when the City Council approved the first reading of this Ordinance. CON_SIDERATION OF SE_COND READING OF ORDINANCE 4UT_HO~RI~ZI_NG.~HE Z~_ONING ADMINISTRATOR TO CONSIDER AND DETERMINE APPLICATIONS FOR HOME .OCCUPATION ?ERI~ITS: It was moved by Councilman 'K'&nod~ ~n=a seconded 5y C0u~&iiman Roberrs 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, Kanode, Lacayo, Roberts and Kanel None None Title of the 0rdinance is as follows: ORDINANCE NO. 444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. ~0, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY AUTHORIZING THE ZONING ADMINISTRATOR TO CONSIDER AND DETERMINE APPLICATIONS FOR HOME OCCUPATION PERMITS AND BY SETTING FOI~H THE PROCEDUI~S THEREFOR. It was moved by Councilman Kanode and seconded by Councilman Lacayo to adopt Ordinance No. 444. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and Kanel None None Harvey Councilm~m Harvey indicated that he abstained from voting on the adoption of the above ordinance as he had not been present for the first reading. - 11 - City Council Minutes March 8, 1971 CONSIDERATION iOF LSECOND ~EAD1NG 9FAN ORDINANCE ES~AB~ISH!N~]~L.RE~qREATION AND PARKS COI~ISSION: 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: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Fanel None None Title of the Ordinance is as follows: ORDINANCE NO. 445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE VI TO CHAPTER 2 OF THE CYPRESS CITY CODE, HEREBY ESTABLISHING A RECREATION AND PARKS COMMISSION. It was moved by Councilman Kanode and seconded by Councilman Harvey to adopt Ordinance No. 445. 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 CONSIDERA~ION OF RESOLUT~I0N .PROM _T~E CItY .OF MONTeREy .P4RK URGIN~ PASSAGE. AND ADOPTION OF SB 318 RE: IMPACT DAMAqE TO PASSENGER VEHICLES: The City Manager reviewed a report dated March 3, 1971, which indicated that the City has received a Resolution from the City of Monterey Park urging passage of Senate Bill 318, relating to impact damage of passanger vehicles. Councilman Roberrs indicated that perhaps the City Council might wish to adopt a similar Resolution as the City of Monterey Park which might help the passage of this Senate Bill. Councilman Kanode stated that he is reluctant to take a position on any particular Bill unless he has had an opportunity to study its necessity. It was moved by Councilman Kanode and seconded by Councilmam Harvey to receive and file the Re~olution from the City of Monterey Park. The motion carried with aye votes by Councilman Harvey, Kanode, Lacayo and Kanel, and a no vote by Councilman Roberrs. CONSIDERATION O~ COI~4UNICATION .FROM STATE DIVISION OF~ HIG_HW4YS I~E; iH_IGHWAY FREEWAY: The City Manager presented a report dated March 3, 1971, which indicated ~h'e 'dity has received a communication dated February 25, 1971 from Mr~ H. Ayanian, District Engineer for the State Division of Highways, advising the City Council that a Public Hearing has been scheduled to discuss the proposed location of the Route 39 Freeway between Lampson Avenue in the City of Garden Grove, and the Pomona Freeway in the City of Industry, for March 31, 1971 at 8:00 pore. in the Retail Clerks Auditorium, Buena Park, California. The report advised that the City Manager and Secretary of the Planning Commission have undertaken a study of the northerly segment of the proposed freeway, specifically in terms of the impact on the Green aligemont for this segment on development in the City of Cypress. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to authorize the City Manager and Secretary of the Planning Commission to continue the study of this matter as outlined in the report. C0NSlDERATI~ON OF COb~JNIC_ATION FROM THE THUNDERBIRDREALTY REQU~STING A WAIVER OF THE 6 MONTH TIME LIMIT TO RE-FIL~. _A .Z. qNE .~.PL~..GE .APPI~!C4~ION~ _FOR~ .PROpERT_Y LQCATED ON 3~{E..WES~ SIDE OF HOLDER AVENLTE~, NORTH OF..BAL. L. P~.AD: The City Manager presented a report dated March 3, 1971, which indicated the City has received a communication - 12 - City Council Minutes Merch 8, 1971 from the Thunderbird Realty requesting a waiver of the six-month time limit to re-file a zone change application for the property located on the west side of Holder Avenue, north of Ball Road. The request was denied by the Cypress Planning Comnission at its meeting of February 4, 1971 because the City Council had denied the original application at a regular meeting held on October 13, 1970. The report advised that the original application was identified as Zone Change No. Z-187, and was a request to change the zone from an existing C-2 to an R-3. Mrs. Barbara Risivy, Thunderbird Realty, 12047 Paramount Blvd, Downey, addressed the Council stating that she was representing the property owners of the subject property, Mr. Hansman and Mr. James Fuchik. In response to an inquiry from Councilman Lacayo, the City Manager indicated that the!six-month waiting period before the applicants can re-file an application for the izone change is due to expire in approximately two months. Mrs. Risivy stated the shopping center in the vicinity of the property in question is deteriorating very rapidly, and indicated that with the development of the subject property, the condition of the shopping center would improve. Mrs. Risivy listed the stores and shops which have or will soon vacate, and stated that considerable effort had been made to market the subject property for comnercial purposes, but to no avail. In answer to an inquiry from Mayor Kanel, Mrs. 'Risivy indicated that Mr. Hansman and Mr. Fuchik own the vacant parcel of property plus the seven satellite stores. Councilms~ Harvey indicated that there have been other instances in the commaunity where hardship claimed by developers and property owners have been denied by the City Council on the basis that a hardship was not Justification for a chan~e of zone. It was moved by Councilman Harvey and seconded by Councilman Kanode to deny the request for a waiver of the six-month time limit to re-file a zone change application. Councilman Kanode expressed concern that should the Council waive the time limit, it could establish a precedence where every zone change which has been denied would be requesting a waiver. In answer to an inquiry from Mayor Kanel, the City Manager indicated that the applicants could not submit their application until the expiration of the six month time limit, which would probably mean that it would come before the Planning Commission in May, as time must be allowed for the Public Hearing notices. Councilmm~ Roberrs stated that he would hope that the Council would not often have to see the kind of disaster which has come to that particular area being used as a presentation to the City Council, and indicated that he would hope that the Council would try to consider these factors as decisions are made. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode and Kanel Lacayo and Roberrs None It was moved by Councilms~ Kanode, seconded by Councilmen Harvey and unanimously carried to consider Item No. 12 on the agenda at this tim. CONSIDERATION OF ACCEPTANCE O[ IMPROVEMENTS .AND RELEASE OF BONDS FOR CU 224, HOLDER STREET PROJECT #7021-10-00Oh:The City Manager presented a report dated March 1, 1971 from the Public Works Director which indicated that the public improvements in Project #7021-10-0000 have been satisfactorily completed in accordance with plans and specifications, and the public improvement performance bond will be in effect for one year from the date of acceptance of the improvements. - 13 - City Council Minutes March 8, 1971 It was moved by Comcilman Roberrs and seconded by Councilman Kenode to accept the public improvements in Project #7021-10-0000 as being satisfactorily completed in accordance with plans and specifications, and to authorize the City Clerk to release the LaBor and Material bond upon expiration of their required lien period providing no mechanics liens ere filed, with the performance bond to be held for one year from the date of acceptance to guarantee any defects in material or workmanship. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Robarts and Kanal None None CONSIDERATION .OF RELEASE OF PARKSITE BOND -.TENTAtiVE T_RA~T _#6657: The City Manager presented a report dated Marell 1, 1971 from the Public Works Director which indicated that Tract #6657, located at the southeast comer of Cerritos Avenue and Holder Street and developed by the Presley Development Company, 4500 Campus Drive, Suite 140, Newport Beach, California, is the final unit in Tentative Tract Map #6657 which was approved by the City Council on February 8, 1971. The report continued, the City Council accepted the bond for the parksite, in the amount of $48,461.00, and agreement, at its regular meeting of October 29, 1970. The report advised that the City has acquired title to the parksite, which complies with Condition #31 of the conditions of approval, and that optional design fees have also been paid to insure development of the parksite. It was moved by Councilman Roberrs and seconded by Councilman Harvey to approve the release of parksite bonds to guarantee the acquisition of parksite in Tract #6657 as required by Condition #31 of approval of Tentative Tract Map #6657. 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 REL~A~E_O~ ~ARKSITE BOND - TE~T4~!VE TR4~ #682~.~ The City Manager presented a report dated March 1, 1971, from the Public Works Director which indicated that Tract #6823, located on the south side of Orangewood, 330' east of Valley View Street, developed by the Larwin Company, 9100 Wilshire Blvd,, Beverly Hills, California, is the final unit in Tentative Tract Map #6823 which was approved by the City Council on December 28, 1970. The report advised that the optional design fees have been determined and the determination has been accepted by the developer in a letter dated February 15, 1970, and that the developer posted a bond in the amount of $67,000.00 which guarantees the acquisition of the parksite. The City Council accepted the parkslte bond ~nd agreement at its regular meeting of November 10, 1969. It was moved by Councilman Roberrs and seconded by Councilman Kenode to release the bond guaranteeing the acquisition of the parksite in Tract #6823. Councilman Roberrs indicated that the City, by obtaining these park sites during the coordination with the developer, has added to the City's pleasure, for which the City Staff should be conlnended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Rarvey, Kenode, Lacayo, Roberrs and Fanel None None CONSIDERATION OF GRINDLAY STREET FROM 80' NORTH OF BISHOP ST. TO 681' SOUTH OF Li~ddLN AVENUE: The City Mana~r presented a report da~a '~a~a~ 'i, 19Yl '~{~h stated that the City Council stilts meeting of September 21, 1970 directed the City Manager to request the County of Orange to construct street improvements on - 14 - City Council Minutes March 8, 1971 Grindlay Street, south of Lincoln Avenue, due to the extreme hazard to school children while walking to the Cypress School. The report e~plained that this entire portion of Grindlay Street is within County unincorporated area. The report advised, that per the Countyws request, the Engineering Division has completed the plans and specifications for the project which will provide for complete improvements, with the cost of the project estimated at $14,000.00, which will be financed entirely by the Comty of Orange and the property owners. The County has submitted an agreement, for execution by the City, which provides that the County of Orange will advance construction funds for the project within thirty days after the award of contract, and will reimburse the City for all eng~Deering and admini- stration COSTS, It was moved by Councilman Fanode and seconded by Councilmen Harvey to approve the Agreement 271-411 between the City and County for this project and to authorize the Mayor to sign!the agreement and the City Clerk to attest to his signature, subject to approval by the City Attorney. The motion was unanimeuely 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 Kenode and seconded by Councilman Robarts to approve the plans and specifications and to authorize the City Clerk to advertise for bids with the bid date to be set after review and approval of plans and specifications by the Orange County Road Department, In response to an inquiry from Councilman Roberts, the City Manager indicated that the property owners, referred to in the report, are aware of their portion of the costs. The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: AB SENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel None None CONSIDERATION OF '~0 PARKI~G'r AREAS .IN THE IARA a_~_ APARTME~TS--909q MOODY .ST_R~.ET: The City Manager presented a report dated March 3, 197I, which ' indicated that at its meetings of December 18, 1970 and January 8, 1951, the Advisory Traffic Committee considered a request by the management of the Tara Hill Apartments for parking restrictions in front of the apartments, which would alleviate congestion on the street, problems related to street sweeping and the traffic hazard which exists due to parked cars obstructing the view of residents e~ting onto Moody Street. It was moved by Councilman Roberts and'seconded by Councilman Lacayo to adopt the following Resolution by title only, modified to indicate that the '~o Parking" area will extend from Evergreen Avenue, north to the area Just past the Tara Hill Apartments. Title of.the Resolution is as follows: RESOLUTION NO. 1152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTA~LIS}tING NO PARKING AREAS. 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 - 15 - City Co~mcil Minutee March 8, 1971 ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJO.UI~rMENT: It was moved by Councilman Robarts, seconded by Councilman Harvey and unanimously carried to adjourn at 12:18 a.m. to 4:00 p.m. on March 15, 1971. CiTY CYPRESS ATTEST: - 16 -