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HomeMy WebLinkAboutMinutes 71-03-15MINUTES OF AN ADJOUIIqED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 15, 1971 The adjourned regular meeting of the Cypress City Council was called to order at 4:15 p.m., on Monday, March 15, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode and Kanel ABSENT: Councilmen Lacayo and Roberrs Also present were City Manager/City Clerk Dartell Essex, City Attorney James E o Erickson and the following members of the City Staff: Dunlap, Schatzeder, Savord, Hernandez, Grissom and Nudson. At the request of Mayor Kanel, it was moved by Councilman Harvey, seconded by Councilma~ Kenode and unanimously carried to place on the agenda as Item No. 5, the consideration of a Resolution of Conmnendation honoring Boy Scout Ronald Mentress on his having achieved the rank of Eagle Scout~ STAF~ REPOrtS ,AND DISCU_SSIQNS: The City Manager reviewed the various items contained in the Progress R~port. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place the consideration of a letter of commendation for Miss Andrea Weller, who represented the City of Cypress in a recent beauty pageant due to the umavailablilty of both Miss Cypress and the runner-up for Miss Cypress, on the agenda at this time. It was m~ved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to direct the City Staff to prepare an appropriate letter of connnendation for Miss Andtea Weller. COUNCILMAN ROBERTS ARRIVED AT 4:20 P.M., AND TOOK HIS PLACE ON THE PODIUM~ Discussion ensued with regard to the Orange County Division of the League of California Cities Study Committee Report on Special Districts, which is referred to in the Progress Report. It was the general consensus of the City Council that a report indicating the special districts which are in the City of Cypress, along with reconm~endations from the Staff relative to this n~tter, be brought to the City Council at its meeting scheduled for April 12, 1971. Discussion was held regarding the appointments to the newly established Recreation and Park Commission, and it was suggested by Councilman Roberrs that a letter be sent to those persons who have been interviewed for other commission or committee positions, informing them of the positions on the Recreation and Park Commission which will be available. It was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Item No. 4 on the agenda at this time° CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR MUNICIPAL STREET SWEEPING: The City Manager indi~a~e~ ~h~t this item h~' b~e~ '~o~ti~ ~Om"~he regular meeting of the City Council which was held on February 22, 1971, to allow the Staff an opportunity to review the communications which the City had received just prior to that meeting, in reference to the services provided by the United Sweeping Service. The City Manager indicated that the both he and the Public Works Director have reviewed the letters, and feel that the original report, dated City Council Minutes March 15, 1971 February 17, 1971, recomnending that the street sweeping contract be awarded to either Baker'e Sweeeping Service or to the Ro F~ Dickson Company, the City's current contractor, i8 still valid~ Mayor Kanel asked whether or not any Councilmen wished to review the letters regarding the services provided by the United Sweeping service° Councilman Roberrs stated that he felt that once the bids, which are sealed and arrive at the City to be opened at the same period of time, have been opened, and that once it was discovered that one of the bidders was the low bidder, or near the low bid. it would not appear Justifiable to accept additional information~ It was moved by Councilman Roberrs to determine that Baker Sweeping Service submitted the lowest and best responsible bid for the municipal street sweeping service, and to award the contract to Baker Sweeping Service per the proposal submitted and sub- Ject to contract specifications° Councilmen Robert's motion died for lack of a second~ In response to an inquiry from Mayor Kanei, the City Manager indicated that the R~ Fo Dickson Company has provided the City's street sweeping service for the past several years, and has a lar~er fleet of vehicles. more personnel and more experience than the Baker Sweeping Service. He added that it would be difficult to say whether or not the Baker Sweeping Service can provide the City with satisfactory service, as the City has had no experience with that company~ Councilman Roberrs indicated ~hat should ~he sweeping service provided by the Baker Sweeping Service not prove to be satisfactory. the contract does contain a cancellation clause, and although the City has not had experience with that company, the savings in selecting his services over those offered by the Dickson Company are substan=lal~ COUNCILMAN LACAYO ARRIVED AT 4:43 P~M~, AND TOOK HIS PLACE ON THE PODIUM~ At the request of Councilman Lacayo, Mayor Kanei reviewed what had transpired thus far, relative to this item° Councilman Lacayo stated that he felt that there was a considerable savings between the Baker Sweeping Service and the RI, F. Dickson Company, and that it was a matter of selecting the lowest bid. It was moved by Com~ciiman Lacayo and seconded by Councilman Roberrs to determine that Baker Sweeping Service submitted the lowest and best reponsible bid for the municipal street sweeping service, and to award the contract to Baker Sweeping Service per the proposal submitted and subject to the contract specifications. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Lacayo, Roberrs and Fanel Kanode None Harvey Mayor Fanel then stated that thau he wished the record to reflect that he, as a Councilman. had had no discussions whatsoever, with the two recommended contractors° Councilman Lacayo and Councilman Kanode etated =hat they also had not had any discussions with the contractors~ Councilman Kenode indicated that he voted in opposition to the motion as he felt that the more established contractor would be the most beneficial for the City as he is familiar with all of the sweeping problem in the community. Councilman Harvey stated that he had not been present at time this matter was previously discussed b y t h e City Council, and therefore did not feel qualified to vote° -2- City Council Minutes March 15, 1971 EXEC XVE It was moved by Mayor Kanel, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 4:55 p~m~, to discuss a matter of litigation and personnel° The meeting was called back to order at 5:58 pomo, with all Councilmen present~ RECESS: It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to recess at 5:59 p~m~ to 7:30 p~m. CA~L _TQ ORDER: The meeting was called back to order at 7:30 pom0, in the City Counncil Chambers, 5275 Orange Avenue, Cypress, California, Mayor 3ohn Kanel presiding~ PRESENT: Councilmen Harvey, Kanode, Lacayo, Roberrs and Kanel AB SENT: None Also present were City Manager/City Clerk Darrell Essex, Assistant City Attorney Len Ham~el and the following members of the City Staff: Poertner, Dunlap, Schatzeder, Heraandez, Savord, Nudson and Grissoml PLE~DG~E_OF ALL_EGIANC_E: At the request of Mayor Kanel, Councilman Kenode led the City Council and audience in the Pledge of Allegiance~ ORAL COI~4UNICATIONS: Mrs. Sharron Pritchett, 5776 Stratmore, Cypress, addressed the City Council, reading in full, a cormnunication dated March 13, 1971, to the Cypress City Council and City Manager from the Pacesetters Homeowner Committee, which outlined seven conditions which the Cormmittee felt should be stipulated cn the Leal dairy, should an extension of the time period in which the dairies are to leave the City, be granted. Councilman Lacayo stated that at this ulme, he would like to commend Chief Savord and the Police Department concerning the accomplishments of the Department relating to the problem of drugs and narcoticso At the request of Councilman Lacayo, Chief Savord briefly discussed the investigation which was conducted by the Cypress Police Department, and which culminated in the a~rests of 25 persons, thus far, for the possession or sale of drugs and narcotics in the Cypress areal. At the request of Mayor Kanel, the City Manager reviewed what had transpired during the afternoon session cf the City Council. At the request of Mayor Kanel, it was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to place the consideration of a communication from the Chairman of the Airpore Land Use Commission, addressed to Mayor Kanel, on the agenda at this time Mayor Kanel then read the communication in full. In response to an inquiry from Councilman Fanode, the City Manager indicated that he is aware of the legislation which created the opportunity to appoint such a commission, and indicated that he did not believe that at this time, the conm~ission would have any authority on matters of land use within incorporated cities~ Councilman Lacayo stated that he felt there was somewhat of a lack of knowledge as to the spectrum of the commission, and requested further study of this matter. -3- City Council Minutes March 15, 1971 It was moved by Councilman Lacayo, seconded by' Councilman Kanode and unanimously carried to direct the City Manager to study this matter further and to report the findings back to the City Council. Mayor Kanel indicated that he had also received a cor~nunication from Supervisor Battin requesting that Mayor Kanel appoint a representative to serve on the Health Planning Council= It was suggested by Councilman Kanode that perhaps a representative could be selected from the persons who will be i~terviewed for the positionsof Recreation and Parks Comnissioner. It was the general consensus of the City Council:that this matter be placed on the agenda for the next regular meeting of the City Council, and that the Councilmen be provided with copies of the material which had been directed to Mayor Kanel. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to consider Item No~ 5 on the agenda at this time. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to direct the City Mmnager to prepare a Resolution of Commendation honoring Boy Scout Robert Montrose for having achieved the rank of Eagle Scout. RECESS: Mayor Kanel declared a recess at 7:52 p.m. The meeting was called back to order at 8:00 p.m., with all Councilmen present. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONI~G.q~D~NANC~ N~ 90, KNOWN ~AS ZONE CHANGE Z-193: The Mayor announced this was the time and place for the con~k~'~ion of the Public Hearing to consider an application for an amendment to the Zoning Ordinance NOB 90, to change the zone of a certain parcel of land from H-C (}Iighway-Commercial) and C-3 (Commercial-Manufacturing) to PD (Planned Development)~ on property generally located 110' west of Grindlay, 220' west and 990' north of Lincoln, initiated by Laxwin Multihousing Corporation, and known as Zone Change Z-193. The Mayor announced that the Public Hearing was open, and requested the Staff to present their reports° The City Manager presented a report dated March 10, 1971, which indicated the affidavits of posting, mailing and publication of the Public Hearing notice, along with the affidavit of posting of the notice of continuat ion of Public Hearing, are on file in the office of the City Clerk. The City Manager then read in full, a communication from Mr. Jo Lo Bryant, which expressed his opposition to the zone change. The Secretary to the Planning Commission pointed to the subject location on an aerial map, and related the various uses of the surrounding property, following which, he reviewed a report dated March 1, 1971, addressed to the City Manager, from the Secretary of the Planning Comnission~ At the request of Mayor Kanel, Mr~ John Tapking, Director of Land Planning, representing the Larwin Multihousing Corporation, 9100 Wilehire Blvd., Beverly Hills, California, addressed the Council stating that the requested zone change would be placing a more restrictive zone on the property, by not permitting the manufacturing uses which are permitted under a C-3 classification; and that in reviewing the Townscape and Housing Elements of the City's General Plan, it was felt that this area would be desirable for a development such as the Laxwin Corporation is suggesting. Mr. Tapking indicated that the property to the north and northeast corner of the subject property has been proposed for the City's Corporation Yard, and that it was felt that Larwin'$ proposed project would be a desirable transitional use. Mr. Tapking advised that a multiple- family development ie proposed for the property in question~ City Council Minutes March 15, 1971 When asked by the Mayor if there was anyone wishing to speak in opposition to the request for a zone change, Mr. Jack Leneker, 4504 Middlebury Circle, Cypress, addressed the City Council stating that approximately four years ago the subject property was investigated for the purpose of constructing a discount store; however, at that time, the Catholic Church was not willing to sell their property. Mr, Leneker indicated that he felt that it would be in the best interest of the City to examine the area more thoroughly before the land is divided, and suggested that consideration be given to the possibility of using the land for s discount store. In answer to an inquiry from Councilman Lacayo, the City Manager indicated that should the property be rezoned to a Planned Development zone, the dedication and costs of the proposed street, and presumably, an access from Lincoln Avenue, would be considered at such time as the Conditional Use Permit for the proposed develop- ment is before the City Council. In reply to a further inquiry from Councilman Lacayo, the Secretary to the Planning Cormlesion estimated that based on six acres, approximately 84 units, which could acconnodate 319 persons, could be constructed on the subject property under a Planned Development zone. Councilman Roberts expressed concern with regard to the extremely restricted frontage on Lincoln Avenue with very little access to eastbound traffic. In answer to a question from Councilman Roberrs, the Assistant City Attorney advised that in considering a request for a zone change to a Planned Development zone, it is permissible for the Council to consider a general plan of development; however, there are no legal means which would compel that particular development at the time the zone change request is granted. He indicated that the development would be subject to a Conditional Use Permit and could vary from what had been proposed. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue the Public Hearing on this matter to the next regular meeting of the City Council. Councilmoo Roberts stated that be moved to continue this item as he felt that more information could be presented to the City Council. Councilman Lacayo indicated that under a Planned Development zone, the C-3 zone is eliminated, which he felt, has some acceptable uses for the City. He added that he would also like to have more information. In response to an inquiry from Mayor Kanel, the Secretary to the Planning Commission indicated that the Planning Commission did not discuss a specific plan or the matter of access as it was felt that these aspects would be considered in conjunction with the Conditional Use Permit. He further advised that the Planning Commission will be considering these items at its next regular meeting which is scheduled for March 18, 1971. Councilman Lacayo stated that included in the motion, he would like a report from the Staff summarizing the access problems relating to the area in question, as the property is currently zoned, as compared to the problems which might exist should the change of zone to Planned Development be granted. Councilman Roberrs concurred with Councilman Lacayo's statemont. Discussion ensued relative to the continuance of this matter, whereas the Assistant City Attorney advised that the Planning Commission, at its next regular meeting, could grant the Conditional Use Permit subject to the approval of the change of zone by the City Council or they could deny the request for a Conditional Use Permit. He advised that in either case, however, the Planning Commission decisions on both requests, for the change of zone and the Conditional Use Permit, could be presented to the City Council for consideration on the same date. -5- City Council Minutes March 15, 1971 Councilmare Rob errs and Com~cilnmn Lacayo agreed to amend their motion, and to continue the consideration of this Public Hearing to the regular meeting of the City Council scheduled to be held on April 12, 1971. Com~cilman Roberrs expressed concern relative to the immediate proximity of the R-1 residents to one side of the proposed multiple-unit developments and indicated that there may be substantial problems as a result of many people residing in a small area and so far removed from the streets. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE pERMIT NO. C. T2.~i.:' The Mayor .~unounced this 'was 'tHe t~m~ and place for the continuation of the Public Hearing · ~o consider an application for a Conditional Use Permit 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 the Larwin Southern California, Inc~ The Mayor announced the Public Hearing was open, and requested the Staff to present their reports. The City Manager presented a report dated March 11, 1971, which indicated the affidavits of mailing, posting and publication of the Public Hearing notices are on file in the office of the City Clerk and that no communications have been received in regard to this matter~ The Secretary to the Planning Commission then presented a report dated March 1, 1971, which transmitted Planning Staff Report PC#70-130, dated December 30, 1970; a supplement to the Planning Staff Report dated February 4, 1971; and excerpts from the Planning Comnission Minutes of January 7, 1971 and February 4, 1971. The report stated that the Planning Commission approved Conditional Use Permit No. C-241, subject to 23 conditions, after conducting Public Hearings on January 7, 1971 and February 4, 1971~ The Secretary to the Planning Commission pointed to the subject location on the aerial ump, and described the surrounding zones, following which, he presented a model of the proposed developmsnt~ The members of the City tomoil stepped forward to view the model and asked questions of Mr. John Tapking, representing the Larwin Co~anyo In answer to an inquiry from Mayor Kanel, the Secretary to the Planning Commission indicated that the~e would be four. unite in each of the three buildings to the north and six units in the buildings to the rear, and that the proposal provides for 16 three-bedroom units and two four-bedroom units~ In response to inquiries frcm Councilman Lacayo, Mr. Tapking indicated that a recreational area Was not provided for in the plans as there is a park directly across the street~ He explained that the Homeowner's Association would own all of the open space and could establish a recreational area if they so desired. Mr.Tapking 'stated that the entire project covers 1.74 scres~ With regard to parking facilities, Mr. Tapking indicated that there would be 41 parking spaces, and that ell but lf would be covered. He further stated that Larwin Southern California, Inc. o~ns the portion of commercial property to the south of the proposed development. In answer to an inquiry from Councilman Lacayo, the Secretary to the Planning Commission stated that the three bedroom units are in excess of 1100 square feet and the four bedroom units are approximately 1300 to 1400 square feet. -6 - City Council Minutes March 15, 1971 Discussion was held relative to the necessity of treating the development as a condiminium type of project rather than the normal R-3 development, whereas Mr o Tapking stated that the development will be built under the more stringent portions of the Cypress Code, so that if approved, it would meet the requiremnts for a condominium or a townhouse development, In answer to an inquiry from Councilman Harvey, regarding the fact that the Secre- tary to the Planning Commission did not recommend approval of the proJect in his reports to the Planning Commission, the Secretary explained that he did not consider the application which was originally submitted, to be con~lete; however, since that time the plan has been revised and improvements have been made, including the consideration which was given to saving the landmark treeso He further stated that he felt that the design could still be improved upon, but added, that the matter was given a thorough hearing before the Planning Commission ~ Councilmen Harvey indicated that when the request for the change of zone for the subJect property was before the City Council for consideration, he had vigorously opposed it as he felt that it would not be the proper use for the property, and that he is still of the same opinion~ In answer to an inquiry from Councilman Lacayo, the Assistant City Attorney indicated that the developer would have to comply with all of the criteria set forth in the Subdivision Map Act as well as certain building requirements. In response co a question from Mayor Kanel, the Secretary ~o the Planning Commission indicated that a multiple-family development would make a proper transition from a residential to commercial zone, and stated that he felt the proposed development is of a low density, which is helpful to the area, There being no one to speak in opposition to the request for the Conditional Use Permit, it was moved by Councilman Kenode and seconded by Councilman Harvey to close the Public Hearing° In answer to an inquiry from Councilman Lacayo, the Secretary to the Planning Commission indicated that a "covered space" would be defined as either a carport or a garage, with its size determined according ~o the unin which it is servicing. Mr~ Tapking stated that the garages would not be shared and that they would be like those belonging to a single-family residence~ The motion to close the Public Hearing was unanimously carried. Councilman Kenode stated that since the property is properly zoned for the proposed development, and the proposed development appears to be of a low density, he would be in favor of granting the Conditional Use Permit~ It was moved by Councilman Kenode and seconded by Mayor Kanel to approve Conditional Use Permit No. C-241~ subject to the following conditions: The development shall be builu as per Planning Commission and City Council approved plane and elevations. 2~ All applicable provisions of the City Code shall be met. The front buildings shall have a mansard roof design compatible with that of the rear buildings, and all roof equipment shall be screened from public view on both the front and rear buildings. Submittal of landscaping plans prepared by registered landscape architect to the Planning Commission for approval - plans to include the automatic sprinkling systems. - 7- City Council Minutes March 15, 1971 The motion AYES: NOES: ABSENT: 5o The patios shall be enclosed with a wall compatible, in material, to the exterior of the building. Landscaping (shrubs or trees) to be spotted throughout driveways, and open parking areas, and shall be indicated on landscaping plans. 7. Six foot high concrete wail around the entire project except for Juanira Street side, the design, color and block to be approved by the Secretary of the Planning Commission. The certificate of occupancy shall not be granted until all the conditions of approval have been completed and all units have been completely built~ 9. A Division of Land Map shall be filed. 10. Drainage to be solved to the satisfaction of the City Engineer. 11~ All drainage fees shall be paid, All secondary and primary utility services shall be underground. 13. Juanira Street (32~) half street and Ball Road (50') half street shall be dedicated to the City of Cypress for street and public utilities and improved per City standards. 14. Street structural sections shall be approved by the City Engineer. 15~ Street lights shall be installed per City standards. 160 Advance street light energy charges shall be paid. 17. Street trees (15 galo) shall be installed per City standards. 18. Plan checking and inspection fees amount to 3~% of the estimated value of the public improvements shall be paid~ 19. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards~ 20. The building shall comply with Fire Zone 2 requirements. 21. Walls and floors to be sound-proofed per FHA standards. 22. Those landmark trees which are removed shall be replaced with an equal and suitable specimen tree, and suitably placed on the property - to be indicated on landscaping plans. 23. A subdivision trace map shall be filed if the lots are to be sold. 240 Construction of the 'units shall be in accordance with the building code standards required for condominiums~ 25. There shall be a total of 32 covered garages, two of which may be in the parking area adjacent to the channel~ carried by the following roll call vote: 3 COUNCILMEN: Kenode, Lacayo and Kanel 2 COUNCILMEN: Harvey and Roberts 0 COUNCILMEN: None 8 City Council Minutes March 15, 1971 RECESS: Mayor Kanel declared a recess at 10:00 p.m. The meeting was called back to order at 10:17 p0m., with all Councilmen present. ORAL_COI~IjNICATIONS: There were no oral communications presented at this time. CONTINUATION OF CONSIDERATION OF CQI~iI~_ICA~ION F~BM ATTORNEY JAMES .~tH~_R~_E~T~RE: THE ~XPI_RATION DA~E OF THE NON,CON~0RM!NG DAIRY OPERA!IO~.~: The City Manager stated that he had been advised by the Assistant City Attorney that the consideration of the communication dated March 2, 1971, from Attorney James K. Herbert regarding the expiration date of the non-conforming dairy operations within the City, would be in the form of litigation, and therefore has requested that this matter be discussed in an Executive Session. EXECUTIVE SESSION: It was moved by Mayor Fanel, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 10:20 p.m., with the City Manager and Assistant City Attorney for the purpose of discussing a matter of litigation. The meeting was called back to order at 10:59 p.m., with all Councilmen present. AD~0FRNMENT: It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to adjourn at 11:00 p.m. ATTEST: MAYOR ~ THE CITY OF CYPRESS' ~TY CLERK 0~ THE/CITY OF CYPRESS 9