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HomeMy WebLinkAboutMinutes 71-04-12MINUTES OF A I%EGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 12, 1971 The regular meeting of the Cypress City Council was called to order at 4:06 p.m., on Monday, April 12, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Lacayo and Kanel ABSENT: Councilmen Kenode and Roberrs Also present were City Manager/City Clerk Dartell Essex, Assistant City Attorney Len Hampel, and the following members of the City Staff: Dunlap, Poertner~ Schatzeder, Hernandez, Grissom and Nudson, MINUTES: It was the general consensus of the City Council to defer the consideration of the Minutes until the evening session of the City Council, when all Councilmen are present. COX/NCILMAN KANODE ARRIVED AT 4:07 P.M., AND TOOK HIS PLACE ON THE PODIUM. At this time, Mayor Kanel presented a five-year service pin to Sergeant Rudolf Delgado of the Cypress Police Department. ~,~airman Cardoza called the adjourned regular meeting of the Planning Commission to order at 4:09 p.m., with the following Commissioners in attendance: PRESENT: Cor~nissioners SonJu, Warren, Evans and Cardoze ABSENT: COmmissioner Ricker Chairman Cardoza stated that the Planning Commission would defer to councilmanic procedures at this time~ ADJOURNMENT: It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to adjourn to the Employee's Lounge at 4:10 p.m. It was moved by Commissioner Evans, seconded by CoM~ssioner Warren and unanimously carried to adjourn to the Employee's Lounge at 4:11 p.m. CALL TO ORDEr: The meeting was called to order at 4:15 p.m., in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo and Kanel ABSENT: Councilman Roberrs The meeting of the Cypress Planning Commission was called to order at 4:16 p.m., in the Employee's Lounge, 5275 Orange Avenue, Cypress, California, with Chairman Cardoze presiding. PRESENT: Comm4ssioners SonJu, Warren, Evans and Cardoze ABSENT: Commissioner Ricker Various items contained on the agenda for the Joint meeting between the City Council and Planning Commission were discussed. Highlights of the discussion included: That City Council Minutes April 12, 1971 the City Council would have no objection to members of the Planning Commission appearing before community organizations; that a tour of the City by the members of the City Council and Planning Commission, followed by a discussion period, would be very beneficial; and that the Staff prepare a report which would clarify the relationship between the various Commissions and the City Council. COUNCILMAN ROBERTS ARRIVED AT 4:40 P.M. RECESS: Following discussion, it was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to recess at 5:55 p.m. until 7:30 p.m. ADJOU..P~qENT: It was moved by Comissioner Evans, seconded by Commissioner Warren and unanimously carried to adjourn the meeting of the Planning Commission at 5:56 p.m. CALL TO ORDER: The meeting was called back to order at 7:35 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Kenode, Lacayo, Roberrs and Kanel ABSENT: None Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Poertner, Dunlap, Schatzeder, Hernandez, Savord, Grissom and Nudeon. PLEDGE OF AJ~L~qIANCE: Boy Scout Troop No. 676 led the City Council and audience in the Pledge of Allegiance. PRESENTATION OF FIVE-X.E_.AR.~ERy!CE PINS .T0 CITY ~MpLOYEES: The Mayor asked Police Officer Gary Martin and Sergeant Richard Hoffer to step forward, and then presented each one with a five-year service pin in recognition of five years of service with the City of Cypressl~ MINUTES: It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to approve the Minutes of March 15, 1971, March 22, 1971, March 27, 1971, March 28, 1971, and April 5, 1971 as presented. CONSIDERA~IO.N .QF A~A~ .OF CONTRACT FOR GRINDLAY STREET WIDENING PROJECT NO. 7047-10-0000: The City Manager presented a report dated April 8, 1971 from the Public Works Director, which indicated that bids for the improvement of Grindlay Street south of Lincoln Avenue, Project No~ 7047-10-0000, were opened by the City Clerk in the City Hall at 10:00 a~m. on April 8, 1971. The report outlined the results of the bids which were received. It was moved by Councilman Roberts and seconded by Councilman Kanode to determine that Tri-Coueties Contractors, 2110 East let Street, Santa Aria, California is the lowest and best responsible bidder, and to award a contract for Grindlay Street improvements, Project No. 7047-10-0000 to Tri-Counties Contractors in the amount of $9,711,70, subject to the approval of the Orange County Road Department. In answer to an inquiry from Councilman Harvey, the City Manager indicated that Grindlay Street would not be closed while this project is underway. 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 -2- Ci6y Council Minutes April 12, 1971 CONSIdeRATION OF AWAR~_OF'QO~RACT _~Q~ CURS .A~D GU~ER REPAIRS. PROJ~CT NO. 7121-10-0000: T~e City Manager presented a report dated April 7, 1971 from the Pu~'li'c 'Works Director, which outlined the bide received for curb and gutter repairs. In response to an inquiry from Councilman Lacayo, the City Manager indicated that funding for this project would come from the General Fund, as Gas Tax Funds do not cover a repair and ~intenance type of project. It was moved by Councilman Harvey and seconded By Councilman Kenode to determine that Markel Cement Contracting Company, P,O. Box 1936, Costs Mesa, California is the lowest and beet responsible bidder, and to award a contract for curb and gutter repairs, Project #7121-10-0000, to Markel Cement Contracting Co. in the amount of $4,336,33, with bid Item #4 to be deleted and bid Item #1 to be increased by 280 lineal feet. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None It was moved by Councilman Harvey and seconded by Councilman Kenode to appropriate $836.33 from the fund balance of the General Fund to Account Noo 610.18. The motion was unanimou~ly carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None OR4~ .qO_M~_N%qA_TIONS: Mrs~ Sylvia Gunderson, 5854 Holmby Court, Cypress, introduced to the City Council, the family of Mr~ David Munoz, who is listed as Missing in Action in Viethem. CONS~N~ .CAL~N~.AR: The Mayor announced that all matters listed on the agenda under "CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative Report concerning 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 Councilma~ Roberrs and seconded by Councilman Lacayo to approve Items No. 4 through 15 on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Reberts and Kanel None None At the request of Councilman Roberrs, Mayor Kanel elaborated on Item No. 13 on the Consent Calendar. Item No. 4: Consideration of adoption of Resolution Commending Daniel Eyre on achieving the rank of Eagle Scout,. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION N0, 1159 A RESOLI3TION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS BOY SCOUT DANIEL EYRE ON ACHIEVING THE RANK OF EAGLE SCOUT. - 3- City Council Minutes April 1Z, 1971 Item No. 5: Notice from the State Controller of revenue estimates of the fiscal year ending June 30, 1972 from Nighway User Taxes and Motor Vehicle License Fees. Recoummndation: Receive and file. Item No. 6: Consideration of receipt of Orange County Mosquito Abatement District Minutes of the MaTch 18, 1971 meeting. Recommendation: Receive and file. Item No. 7: Consideration of claim for damages s~bmitted by Attorney Barry P. Goldstock in behalf of Dale Gross, Carols Ann Gross, Shannon C. YoungTen, Jr. and Janet Sue Youngren, Recommendation: In accordance with City Council policy, it is recom-~nded that the subject claims be officially denied and referred to the City's insurance carrier for the appropriate disposition, Item No. 8: Announcement of the League of California Cities Mayors' and Councilmsn's Legislative Institute, May 10-12, 1971, in Sacramento, California. Re.commenda.t.ign: That the City Council authorize the attendanc~ of any Councilman who may be available to attend the Mayors' and Councilman's Legislative Institute and to be reimbursed for all actual and necessary expenses incurred, Item Noo 9: Consideration of acceptance of sewer easement deeds from the Cypress County Water District, Re.commendation: That the City Coumcil accept the deeds from the Cypress County Water District covering sewer easements and to authorize the City Manager to record these deeds with the County Recorder's Office. Item No. 10: Consideration of City of Anaheim Resolution supporting "Operation Alert," Recommendation: Receive and file. Item No. 11: Consideration of Resolution opposing Senate Bill 333, Recommendation: That the City Council adopt the following Resolution by title only, and that the City Manager be directed to transmit a copy of the Resolution to the appropriate State Legislators and the League of California Cities. Title of the Resolution is as follows: RESOLUTION NO. 1160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING SENATE BILL NO, 333 REQUIRING COMPULSORY AND BINDING ARBITRATION FOR POLICE AND FIRE EMPLOYEES. Ite~m~Nq. 12: Consideration of request to allow Tanglewood North Homeowners Association to install an entry gate at Bloomfield and via Encinas. Recommendation: That the City Council authorize the City Manager to notify the Tanglewood North Homeowners Association Board of Directors that the installation of a gate for pedestrian access is in conformm~ce with the provisions of the City Code, and that the City Council further direct the City Manager to refer the subject of vehicular access to the Advisory Traffic Committee in the event that vehicular access is a part of the original petition. Item No. 13: Consideration of request to proclaim May 1, 1971 as David Munoz Day. Recome~.d~tion: That the Mayor and City Coundil proclaim May 1, 1971 as David Munoz Day in the City of Cypress, and further authorize the City Manager to request the endorsement of this type of program by other cities in Orange County. - 4- City Council Minutes April 1Z, 1971 Item No..~4.: Consideration of objection to parking restriction at 9090 Moody Street, Cypress. Recq~m~endation: That the City Council authorize the City Manager to notify Cassidy of the reasons for the action prohibiting parking at 9090 Moody Street, Item No, 15: Request to proclaim the week of April 24 through April 30, 1971 as "Cypres& Girls Softball Week." Recommendation: That the Mayor and City Council proclaim the week of April 24, 1971 as '|C~press Girls Softball Week." It was moved by Councilman Robarts, seconded by Councilman Kenode and unanimously carried to consider Item No. 20 on the agenda at this time. CONSIDERATION..O~MASTERpLAN~BTORMDRA!N FOR HIGH .SqHOOL q!~Y PROJECT #7039-20-00Q0: The City Manager presented a report dated April 1, 1971 from the Public Works Director which indicated that the City's Master Plan of Drainage indicates a Master Plan Storm Drain extending from the Carbon Creek Channel northerly across Ball Road and northerly along the westerly boundary of the high school site, The report further indicated that a cost estimate was forwarded to the State which included an amount of $12,500 for right-of-way, consisting of a strip 20' wide across the westerly end of the parcels immediately south of the high school property extending southerly to Ball Road, was not approved; however, the amount of the right-of-way required has been reduced and the coat of the right-of-way in eminent do~min proceedings, if necessary, should not exceed $1,500.00. The report stated that every effort will be made to acquire the small parcel through negotiations. At the request of Councilman Harvey, the Public Works Director pointed to the location of the storm drain on the aerial map. It was moved by Councilma~ Roberrs and seconded by Councilman Kenode to approve the acquisition of a small triangular shaped parcel of land adjacent to the southwest -- comer of the Anaheim Union High School site and to authorize initiation of eminent domain proceedings for the acquisition in the event that negotiations cannot be satisfactorily completed. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Ks_node, Lacayo, Roberrs and Kanel None None It was moved by Councilman Roberts and seconded by Councilman Kenode to appropriate $1,500.00 from the storm drain bond fund to project #7039-20-0000. 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 RECESS: Mayor Kanel declared a recess at 8:00 p.m~ The m~eting was called back to order at 8:03 p.m., with all Councilmen present~ CONTIN. U. ATION OF PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE NO. 90t KNOWN AS ZONE. dHANGE NO. Z-193: The Mayo'r 'announc&d'tbis was the time and place for the continuation of the Public Hearing to consider an amend- mont to the Zoning Ordinance No. 90 by changing the zone of a certain parcel of land within the City from H-C (Highway Commercial) and C-3 (Conmmrcial-Manufacturing) to PD (Planned Development) on property generally located 110' west of Grindlay Street, 220' west and 990' north of Lincoln Avenue. -5- City Council Minutes April 12, 1971 The Mayor announced the Public Hearing was open, and requested the Staff to present its report. The City Manager presented a report dated April 8, 1971 which indicated that the affidavit of posting of the continuation of Public Hearing notice is on file in the office of the City Clerk, and that no further communications have been received in regard to this matter. The report advised that the City Council continued this item in order to consider the Conditional Use Permit which was under consideration by the Planning Commission at the time of the zone change hearing before the City Council. The report further indicated that the Planning Commission has not taken action on the Conditional Use Permit, however, and is currently holding this matter for consideration with an application for R-3 zoning, which has also been filed on the subJect property. The Planning Commission has denied an amendment to the Zoning Ordinance which would increase the density for multiple-family development in the PD zone, the report stated, which was the reason for the filing of the R-3 zone change application, and that without a change in density for multiple-family development in a PD zone, it would appear that the applicant would not desire an approval of the PD zone change, which is the subJect of this Public Hearing. In response to an inquiry from Councilman Kanode, the CiUy Manager indicated that the Public Hearing before the Planning Commission to consider the request for an R-3 zone change is scheduled to be held on April 15, 1971, In answer to a further inquiry from Councilman Kanode, the City Attorney advised that this matter could be continued and heard at the same meeting at which the Council will consider the Conditional Use Permit, He further advised that there is a provision in the City Code which states that the City Council must act within 40 days of the date of the initial Hearing, or the delay could be considered by the applicant to be a denial of his requesc, He explained that treating the continuance of the 40 day period as a denial, is at the option of the applicant. Councilman Roberrs stated that because of an apparent lack of effort on the part of the applicant to answer the various questions which had been raised by the Council at its meeting of March 8, 1971, he would favor a denial of the request. At the request of Councilman Lacayo, the City Manager read in full, a letter from the Cypress Chamber of Commerce, which urged the denial of the application, There being no one to speak in favor of or in opposition to the request, it was moved by Councilman Lacayo and seconded by Councilman P~ber~s to close the Public Hearing~ It was moved by Councilman Lacayo and seconded by Councilman Roberrs to deny the request for Zone Change No o Z-193. The metion was unanimously carried by the following roll call vote: AYES: 5 COL~qCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None PUBLIC HEARING RE: CONSIDERATION OF AN APPEAL 0FTHE PLANNING COMMISSION DENIAL-- ZONE CH~d~ ~O~ ~-f97: The Mayor announced this was the time and place for the Public Hearing to consider an appeal o f the Planning Commission denial for an application for a change of zone from R-1 (Single-Family Residential) to R-4 (High Density Multiple-Family Residential) at 9882 Valley View Street, Cypress, submitted by 3. A. Bergum, and known as Zone Change No. Z-197. The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated April 8, 1971, which indicated that the affidavits of posting, publication and mailing of the Public Hearing notices are on file in the office of the City Clerk, and that a standard communication in favor -6 - City Council Minutes April 12, 1971 of the zone change has been signed by 22 persons in the surrom%ding area in both the cities of Cypress and BUena Park. The report further indicated that in addition, petitions favoring the zone change have been received, along with co~aunications from Mr. E. J. Rothe and Mrs. Albert Niblo, adjacent property owners, in favor of the request, The Secretary to the Planning Co~Eaission pointed to the subject location on the aerial map. COUNCILMAN LACAY0 LEFT THE MEETING AT 8:30 P,M. When asked by the Mayor if anyone in the audience wished to speak in favor of the application, Mr. Jo A. Bergum, Betgum Construction Co., 1023 East Chapman, Fullerton, California, addreesed the City Council etaring that the objective of the applicant is to construct a particular 23 unit development on the subject property. Mr. Bergum then referred to the petition in support of the request, and indicated that the architect for the construction company would like to make a presentation. The City Attorney commented that petitions are very limited in their value in a change of zone proceeding, as they are considered hearsay. He further advised that what is to he considered this evening, is the highest and best use for the property in question, and that the plot plan, elevations and architectural information would be material at such time as the Conditional-Use Permit is under consideration, Councilman ~nh~rZs requested the City Staff to prepare a pamphlet explaining the policy of the City of Cypress relative to this type of proceeding, which could be provided to a developer, thereby enabling him to understand what type of testimony is acceptable at a Public Hearing. Mr, Bergum then indicated that the reason he was requesting a change of zone to R-4 rather than R-3, was to assure that 23 units would be allowed, in the event the R-3 requirements are changed, Mr, Fred Salter, Bergnm Construction Company, displayed several graphs giving various statistics relative to multiple-family development within the City. Mr. Carl Erwin, Architect, 3631 Atlantic Avenue, Long Beadh, California, addressed the City Council describing the property surrounding ~he property in question, and stated that if this property were to be zoned anything but R-4, it would be spot zoning. He further indicated that a Conditional Use Permit is required for all uses which are permitted under an R-4 zone. Mr. Derek Nieblo, Realtor, 121 Via Vehicle, Newport Beach, California, addressed the Council stating that there is one basic criteria in evaluating real estate, and that is location. Mr, Nieblo indicated that this particular property is ideally suited for an R-4 zone, and that a multiple-family development would be of benefit to the entire comunity. Mr. Nieblo further indicated that the property owner, Mr. Sam Lindeboom, is being forced to sell his property because his dairy operation is no longer a conforming use within the City, and he cannot afford to pay taxes every year without generating an income from the property. When asked if anyone in the audience wished to speak in opposition to the zone change request, Mrs. Walter Lange, 5726 Aspen Street, Cypress, expressed concern that the property could be developed for something other than what is proposed, and questioned whether or not there are too many multiple-family developments in the co~aunity. Mr, Bob Bessto, 5705 Aspen Street, Cypress, stated that he lived in the area which ie adjacent to the proposed zone change, and felt that the R-4 zone change request should be denied, as an R-3 zone was what the applicant really desired, He further expressed concern that should the R-4 zone be granted, there would not be any guarantee that the proposed development would be for twenty-three units, only. - 7- City Council Minutes April 12, 1971 Mrs. Alice Frankiewich, 4219 Dover Circle, Cypress, stated that the Dairy owners within the City had had ample warning that the use of their property would be non- conforming, and indicated that she had quoted from a newspaper article at a previous meeting of the City Council, which indicated that the density of apartments in the City of Cypress is much higher than that created by an R-1 development. Councilman Roberrs indicated that he was aware that lenders do not lend to those with R-1 homes as readily, if they are within a certain distance from a school because of noise levels, etc., and questioned why those residing in apartments should be subjected to the same type of probleme o He further indicated, however, that with a Conditional-Use Permit, the various objections which have been presented this evening, could be satisfied. Councilman Harvey stated that in reviewing the Minutes of the Planning Commission meeting when this matter was being considered, he would concur with comments which were made by Commissioner Evans, which indicated that special consideration should be given to this somewhat isolated portion of property. Councilman Harvey stated that he would agree that an R-1 zone is not the proper zone, because of the proximity of the property to the ~chools; however, felt that perhaps it should be developed at a lower' density than In answer to an inquiry from Mayor Kanel, the Secretary to the Planning Commission stated that the Planning Comission is conducting a study relative to multiple-family development in the City, taking into consideration all vacant lands and the existing zoning of the vacant land in terms of whether it is properly zoned or not; however, the Planning Conz~iseion has not as yet, taken into consideration the particular area under discussion. In reply to a question from Councilman Roberrs, the City Attorney indicated that a flat limit upon density may not be imposed on a Conditional Use Permit, Mayor Kanel stated that he felt that an R-4 zone would not be the highest and best use for this particular property. He further stated that a use which is compatible with the high school should be considered~ It was moved by Councilman Kenode and seconded by Councilman Harvey to close the Public Hearing at this time. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo It was of the to R-4 marion moved by Councilman Harvey and seconded by Mayor Kenel to deny the appeal Planning Commission denial for an application for a chan~e of zone from R-1 at 9882 Valley View Street, Cypress, known as Zone Change No. Z-197. The was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberrs and Kanel None Lacayo At this time, Councilman Roberrs expressed a desire to call for a special meeting of the City Council on Monday, April 19, 1971, in order to discuss with the Planning Cormmission, a review of Council policy and potential areas within the City for multiple- family development° PUBLIC HEARING RE: CONSIDERATION OF CHANGING A PRE~4~.EXAI!CNZ~E TO I{-3 (MULTIPLE- FAMILY '~E~IDENTIAL).~ '~6~E' 'CHANGE NOo Z-196: The Mayor announced this was the time and place for the Public Hearing to consider Zone Change Z-196, which would change a pre-annexation zone to R-3 (Multiple-Family l~sidential) in the 8600 block on the west side of Walker Street, initiated by Maurice C. Nickle. The Mayor declared the Public Hearing open, and requested the Staff to present its reports, -8- City Council Minutes April 12, 1971 The City Manager presented a report dated April 7, 1971, which indicated that the affidavits of publication, posting and mailing of the Public Hearing notices are on file in the office of the City Clerk, and that no written comunications either in favor of or in opposition to the proposed change of zone have been received. The Secretary to the Planning Commission pointed to the subject location on a drawing, and explained that the applicant wishes to apply for the zone change in order that he might be'allowed to develop a multiple-family complex in the future. further described the zoning of the surrounding area, and stated that the request does conform to the City's General Plan, and that the Planning Commission felt that an R-3 zone would be compatible with existing uses, as well as future uses within the immediate area. The Secretary reviewed a report dated April 5, 1971, which indicated that the property owner would like to annex to the City of Cypress if he is successful in obtaining an R-3 classification for his property. In response to an inquiry from Councilman Roberrs, the City Manager stated that it would probably not be practical to extend Watson Street across the railroad right-of-way at the present time, dun to the uses which the City is proposing to the south, and, he indicated, that the Public Utilities Commission would probably not favor a crossing at that particular location. In reply to a further inquiry from Councilman Roberrs, the Secretary to the Planning Commission indicated that all residents within 300 feet of the proposed change of zone were notified of the Public Hearing regarding this matter, including those persons residing in the County and other cities. When asked if anyone wished to address the Council speaking in favor of the proposed change of zone, Mr. Maurice C. Nickle, 7141 Walker Street, La Palm, stated that he has owned'the subject property for approximately five years, and that he felt that an R-3 zone would be the highest and best use for the property. Mr. Nickle indicated that it was not his intention to have an access to Watson Street, as it would not be desirable to have traffic flow through the proposed development, and also for reasons of security. There being no one to speak in opposition to the request, it was moved by Councilman Roberrs? seconded by Councilman Kenode and unanimously carried to close the Public Hearing at this time. It was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROPOSING AN AMENDMENT TO ZONING ORDINANCE NO. 90 BY ADOPTING PRE-ANNEXATION ZONING CLASSIFICATION OF A CERTAIN PARCEL OF LAND FROM ORANGE COUNTY ZONE CLASSIFICATION R-4 TO CITY OF CYPRESS ZONE CLASSIFICATION R-3 (MULTIPLE- FAMILY RESIDENTIAL), ZONE CHANGE NO~ Z-196. It was moved by Councilman Kenode and se¢onded by Councilman Harvey to approve the first reading of this Ordinance. The motion was carried by the following roll call vote: AYES: 3 COUNCILI~N: Harvey, Kenode and Kanel NOES: 1 COUNCILMEN: Rober~s ABSENT: 1 COUNCILMEN: Lacayo RECESS: Mayor Kanel declared a recess at 9:45 p.m. The meeting was called back to order at 9:50 p.m., with the following Councilmen present: PRESENT: Councilmen Harvey, Kenode, Roberrs and Kanel ABSENT: Council~nanLacayo -9- City Council Minutes April 12, 1971 .PUBLIC. BE4/~NG RE: ~CONSIDERATi.0.N. iQ~ i~EED .ABATEMENT pROGI~_.._FQR .1~71: The Mayor announced this was the tim and place for the Public Hearing to consider the City's Weed Abatement program for 1971o The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated April 8, 1971, which indicated that the required affidavits of posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no written protests have been received. The City Manager then reviewed a report dated April 5, 1971 from the Public Works Director, which advised that the Public Hearing is for the purpose of hearing objections and individual protests to the weed abatement program. The report indicated that the property owners have been notified by certified mail of the weed abatement and/or rubbish removal work required. A list of the properties which have been posted is attached to the report. Councilman Harvey indicated that parcels AP #134-173-08 and AP #134-173-09, located on the northwest corner of Juanits and Ball Road, constitute a definite health hazard, as the channel has a continual nuisance water flow, which along with debris and deposits, attracts dangerous rodents. Councilman Harvey added, that a cond~)minium will be under construction on property adjacent to these parcels, and stated that the parcels should be entirely cleaned. Discussion ensued relative to whether or not the parcels could be entirely abated under the weed abatement program, or whether it should be accomplished under nuisance abatement proceedings. The City Attorney advised that this type of nuisance can be abated under the City's weed abatement program; however, he stated, that for something of this magnitude, the safest position would be to utilize the City's general nuisance abatement procedures. In answer to an inquiry from Councilmm~ Harvey, the City Attorney advised that the City can proceed with the weed abatement procedures which are now being processed, and that in the event problems are encountered, the City can then terminate the weed abatement procedure and accomplish the abatement by declaring the properties a public nuisance. In answer to a statement by Mayor Kanel, Councilman Harvey indicated that he would like to clarify his position relative to this matter. He stated that he felt the entire property should be abated. He indicated that the Staff has recommended that under the weed abatement program, Just the combustible materials would be removed; which would be acceptable, provided the property owners are notified by letter that the balance of the debris on the property does constit~ga a health hazard. Councilman Harvey stated that the property owners may wish to take their own measures to correct the situation, with the knowledge that if they should fail to do so, the City may declare the property a public nuisance and abate it at a substantial cost to the owners at a later period. Mr. James Duncan, 9582 South Walker Street, Cypress, addressed the City Council questioning the inspection of properties which are posted for weed abatement. Mr. Duncan stated that his property has been cleared for over thirty days, and that although it was not posted, a notice had been sent to him. In response to an inquiry from Mr. Duncan, the City Manager reviewed the procedure whereby the City contracts for the abatement of weeds. Mr. Ralph Stuart, 5051 Lincoln Avenue, Cypress, stated that he has a mowed acre of land, which is mowed every two weeks by a lawn mower. The City Manager advised that if Mr. Stuert's property is clear at the time of inspection, no action would be taken. Mrs. Sue Noryell, 5592 Cerritoa Avenue, Cypress, addressed the City Council stating that she was representing Mr. Blackman. Mrs. Noryell indicated that the weeds on Mr. Blackma~'s property have been cleared, and requested someone from the City to inspect the property in order to determine if there is any other work to be done. The City Manager indicated that the Public Works inspector would inspect the subject property, as requested. - 10 - City Com%cil Mintusa April 12, 1971 It was moved by Councilman Kenode, seconded by Councilma~ Roberrs and unanimously carried to close the Public Hearing at this time. It was moved by Councilm~% Kenode and seconded by Com~cilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF, The motion was u~animously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kenode, Roberts and Kanel None Lacayo CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES COMMITTEE REPORT ON SPECIAL .D~ST. RI. CT.S: The City 'M~n~g~r p~esented a rep6rt Sates Ap~i~ ~, '197i, which"¥na~ated the City Council requested a report from the City Manag~r'e office on the recommendations contained in the Orange County Division League of dalifornia Cities Special District Study Committee Report° The report indicated that the reco~mnendations of the Committee are divided into the following sections: A~ Legislation; B~ Consolidation or reorganization of functions at County level; and, C, Consolidation or reorganization of functions at City level. Councilman Roberrs indicated that he was in favor of the reorganization of the Harbor District, to establish for all of the people of the Co~mty, some level of elected or representative government which would address itself to the beach and park problems t~roughout the County~ He further stated that one of the continual problems is the lack of parks in this area. It was moved by Councilman Roberrs to concur in the recommendations of the League Committee on Special Districts in the area of legislation and consolidation and re- organization of functions in the city level, but to withhold any action of Section B, dealing with consolidation or reorganization of functions at County level; and suggest that the League of California Cities appoint specific committees to undertake additional studies in each of those areas itemized under Section B, with the exception that the City explicitly support the reorganization of the Harbor District, to formally include the beaches and regional park functions. Councilman Kenode stated that he strongly urges the support of the consolidation of any of the districts. He indicated that special districts are only necessary and a requirement when there is no other governmental J urisdiction capable of serving a particular community. Councilman Kenode further stated that when a district is county-wide in nature, then he felt that it should be part of the County government. Councilman Kenode then seconded Councilman Robert's motion, with a modification that the studies include each County district ~ Councilman Roberrs agreed to include Councilman Kanode's statement in his motion~ The motion 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 CONSIDERATION OF INITIATING A DETACHMENT ~RQC~.E~I~G FROM TRE MAGNOLIA MEMORIAL CEMETERY DISTriCT: The City Manager presented a report dated April 8, 1971, which contained 'an analysis of the Magnolia Memorial Cemetery District as a ~ 11 - City Council Minutes April 12, 1971 special district providing maintenance and upkeep services to the Magnolia Memorial Park Cemetery in Garden Grove. The repozt advised that the portion of Cypress which is located in the District is a small area in the southeast section of the City, generally bounded on the east by Knott Avenue, the north by the Southern Pacific Railroad tracks, on the west by Valley View Street, and on the south by the Cypress City limits~ The report indicated that the elimination of this district would be in the best interest of the citizens of Cypress because the detachment would serve to remove the burden of an unnecessary unit of government o It was moved by Councilman Kenode and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPLICATION TO THE LOCAL AGENCY FORMATION C01~IISSION OF ORANGE COUNTY FOR THE INITIATION OF PROCEEDINGS FOR THE DETACHMENT OF CERTAIN INHABITED TERRITORY FROM THE MAGNOLIA MEMORIAL CEI~TERY DISTRICT ~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanode, Roberrs and Kanel None Lacayo It was moved by Councilman Kenode, seconded by Com%cilman Harvey and unanimeuely carried to consider Item No~ 25 and 26 on the agenda at this time. CO__N_SIDERATION OF APP. R.O. yA~ ,.OF COMMERCIAL WA. RRANT LIST. .FOR WARRANTS NO. 26345 THROUGH 2647~: It was moved by Councilman Roberrs and '~econded 'by Councilman Kenode to approve the Commercial Warrant List for Warrants Nor 26345 through 26474 in the total amount of $231,795~74. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanode, Roberrs and Kanel None Lacayo SECOND READING OF ORDINANCE AMENDING ZONING ORDINANCE NO ~ 90 BY CHANGING THE ZONE OF A C. ERTAIN PA~.qEiL .qF..Ei~D '.FROM 'C.EM ~0 R-.3: It ~"mo've'd ~ Countlinen KaYode, seconded by Councilman Roberrs and unanimously carried to read the following Ordinemce by title only~ Title of the Ordinance is as follows: ORDINANCE NO~ 446 AN ORDINANCE 0P THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO~ 90, THE ZONING ORDINANCE, BY CHANGING A ZONE OF A CERTAIN PARCEL OF LAND FROM CEM (CEMETERY ZONE) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL). It was moved by Councilu~m Kenode and seconded by Councilman Harvey to adopt Ordinance No. 446~ The metion was unanimously carried by the following roll call vote: AYES: NOR S: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Kenode, Rob errs and Kanel None Lacayo At the request of the City Attorney, it was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimeuely carried to place on the agenda for consideration at this time, a matter concerning the Cypress County Water District o - 12 - City Council Minutes April 12, 1971 It was moved by Councilman Roberrs and seconded by Councilman Kenode to adopt the following Resolution By title only, title as follows: RESOLUTION NO~ 1163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE CITY CLERK TO ACCEPT A GRANT DEED FROM THE CYPRESS COUNTY WATER DISTRICT ~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 C0UNCILMEN: Harvey, Kenode, Roberrs and Kanel None Laceyo It was moved by Councilm~m Roberrs and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO o 1164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AGREEMENT OF LEASE WITH THE CYPRESS COUNTY WATER DISTRICT~ The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Kanode, Roberrs and Kanel None Lacayo It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to approve all of the terms and conditions of the J udgement entered, includ- ing the hold harmless provision° EXECUTIVE SESSION: It was moved by Mayor Kanel, seconded by Councilman Roberrs and unanimously carried to g~ into an Executive Session at 10:35 poml, to discuss a matter of personnel and litigation° The meeting was called back to oxder at 12:03 a.m., with the following Cooncilmon in attendance: PRESENT: Councilmen Harvey, Kenode, Roberrs and Kanel ABSENT: Councilman Lacayo ORAL CO}~4UNICATIONS: Mrs. Jane Wozniak, 5033 Evergreen Avenue, Cypress, addressed the City Council with regard to the noise level which is permitted in apartment complexes. Mrs. Wozniak indicated that the noise resulting from a recent party at the Tara Hill apartment complex, which abuts her property, was extremely unbearable. It was moved by Councilman Roberrs, seconded by Councilman Harvey and unanimously carried to place this matter on the agenda for the next regular meeting of the City Council, scheduled to held on April 26, 1971, Mrs. Wozniak further questioned the screening which the developer has installed over the recreation building windows in the Tara Hill apartments. At the request of Mayor Kanel, iu was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously carried to place the consideration of proclaiming the week of April 19, 1971 as '~aw and Order Week," requested by the Cypress American Legion Post 295, on the agenda at this time~ - 13 - City Co~mcil Minutes April 12, 1971 It was moved by Councilma~ Kenode, seconded by Cotmcilman Roberrs and unanimously carried to proclaim the week of April 19, 1971 as 'Zaw and Order Week" in the City of Cypress. ADJ0~_P~MENT: I= was moved by Councilman Kenode, seconded by Councilman Harvey and unanimously carried to adjourn at 12:15 a.m. to Tuesday, April 20, 1971 at 7:00 p.m. MAY~ OF THE C~ 6F CYPRESS ATTEST: CITY/eLEI~ 'OF T~E CItY OF CYPRESS - 14 -