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HomeMy WebLinkAboutMinutes 71-04-26MINUTES OF A REGULARMEETING OF THE CYPRESS CITY COUNCIL HELD April 26, 1971 The regular meeting of the Cypress City Council was called to order at 4:02 p.mo, on Monday, April 26, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor John Kanel presiding. PRESENT: Councilmen Harvey, Lacayo, Roberrs and Kanel ABSENT: Councilman Kenode Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Poertner, Schatzeder, Hernandez, Grissom and Nudson. COUNCILMAN KANODE ARRIVED AT 4:07 P.M., AND TOOK HIS PLACE ON THE PODIUM. MINUTE S: It was moved by Councilman Fanode, seconded by Councilman Harvey and unanimously carried, with an abstaining vote by Councilman Lacayo as he was not present during a portion of the meeting, to approve the Minutes of April 12, 1971 as presented. STAFF ~P~EPORT~_.AN~ DI~C~S~O~: The City Manager stated that the City had received a request from the Buena Park Chamber of Commerce Tourist Bureau for the City to support the annual Orange County frog Jumping contest. It was moved by Councilmen Harvey, seconded by Councilman Kenode and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to issue a proclamation endorsing the Orange County Jur~u-Off Frog Jun~ing Contest. At the request of the City Manager, it was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to place the consideration of a Resolution commending Allen S. Koch, Road Connnissioner and County Surveyor for the County of Orange, on the agenda at this time. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS HONORING ALLEN So KOCH, ROAD COMMISSIONER AND COUNTY SURVEYOR FOR THE COUNTY OF ORANGE. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanode, Lacayo, Roberrs and Fanel None None It was moved by Councilman Lacayo, seconded by Councilman Kenode and unanimously carried to place the consideration of a request from the Cypress VFW Post 947, on the agenda at this time. City Council Minutes April 26, 1971 It was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to proclaim May 1, 1971 as "Loyalty Day" in the City of Cypress. The City Manager indicated that the City had received a request from Mr, Roger Beck of the California Chiropractic Aesociation~ to proclaim the month of May as "Correct Posture Months" I~ was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to proclaim the month of May as "Correct Posture Month~' in the City of Cypress° The City Manager indicated that the Planning Commission had submitted a Resolution concerning the Santa Ana River study, as requested 5y the City Council, It was moved by Councilman Harvey, seconded by Councilman Roberrs and unanimously carried to place this item on the agenda for consideration at this time. It was moved by Councilman Harvey and seconded by Councilman Fanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO, 1166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING CERTAIN CONCEPTS AND GENERAL POLICIES FOR THE SANTA ANARIVER-SANTIAGO CREEK CORRIDOR PLAN FOR REC- REATION AND OPEN SPACE. The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCII24EN: Harvey, Kanode, Lacayo, Roberrs and Kanel None None Discussion was held regarding the area of pre-annexatiun along Walker Street, and the possibility of expanding the boundaries. It was the general consensus of the City Council that the Staff conduct a study relative to enlarging the area to be annexed to the City of Cypress~ Discussion ensued with regard to the date on which the City Council and the Planning Commission will schedule a tour of the City, whereas, it was decided to schedule the tour on May 22, 1971. At this time, it was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to place on the agendaJ the consideration of an allocation of funds in order to provide seating arrangements for those attending the ceremony in honor of David Munoz, who is listed as missing in action in North Vietnam, and the consideration of a Resolution requesting information from the North Vietnamese government concerning David Munoz. It was moved by Councilman Robarts and seconded by Councilman Lacayo to allocate $28.00 for the purpose of providing chairs for those attending the ceremony in honor of Mro David Munoz, and to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE GOVERNMENTAL OFFICIALS OF NORTH VIETNAM TO IMMEDIATELY ACCOUNT FOR DAVID Lo MUNOZ, U,S. ARMY, RA 18 871 165. -2 - City Council Minutes April 26, 1971 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 The formation of a study comaittee to study Lincoln Avenue, in con]unction with the City's General Plan and Townscape Element, was discussed, Councilman Roberrs stated that he felt that the City Council should only appoint the Council representative, and perhaps the Planning Connnission would wish to appoint a representative; and that all of those persons who are involved with Lincoln Avenue be invited to attend a meeting at which they would select those persons to serve on the committee. It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to instruct the City Manager to prepare a report regarding the formation and the functions of the proposed committee~ to be presented to the City Council for consideration at its next regular meeting. Following discussion on Senate Bill 333, it was the general opinion of the City Council that Councilman Kanode would personally deliver letters in opposition to the members of the appropriate Senate committee, EXECUTIVE SESSION: At the request of the City Attorney, it was moved by Mayor Fanel, seconded by Councilman Harvey and unanimously carried to go into an Executive Session at 5:00 p.m. for the purpose of discussing a matter of litigation, The meeting was called back to order at 5:55 pomo, with all Councilman present. RECESS: It was moved by Councilman Harvey, seconded by Councilman Kenode and unanimously carried to recess at 6 ~00 p ~m., until 7:30 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: Dunlap, Poorthor, Schatzeder, Hernandez, Savord, Nudson and Grissomo PLEDGE OF ALLEGIANCE: At the request of Mayor Kanel, Councilman Roberrs led the City Council and audience in the Pledge of Allegiance° At the request of Mayor Kanel, the City Manager then reviewed the various items which had been placed on the agenda and considered at the afternoon session of the City Council. ~pNSIp~KA.~IO.N .Q~ .A~.AR~ 0.F ~ONTRACT FOR TREE REMOVAL ~IqD I~LACEMENT - CITY PROJECT #7127-90-0000: The City Manager presented a report dated April 20, 1971 from the Public '~rks Director, wfiich outlined the bids which were received for tree removal and replacement in the office of the City Clerk on April 19, 1971. -3- City Council Minutes April 26, 1971 It was moved by Councilman Kanode and seconded by Councilman Harvey to determine that Valley Crest Coo, 7715 Burner Ave., Van Nuys, California is the lowest and best responsible bidder for Schedule I of Tree Removal and Replacement project, and to award a contract for removing trees and grinding stumps, Schedule I, Project No. 7127-90-0000 to Valley Crest Co~, in the amount of $4,000,00. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Robert, and Fanel None None It was moved by Councilman Kenode and seconded by Councilman Harvey to determine that Cooper, Inc., 15503 South Main Street, Gardens, California is the lowest and best responsible bidder for Schedule II of Tree Removal and Replacement Project, and to award a contract for supplying and planting trees, Schedule II, Project No. 7127-90-0000 to Cooper, Inc~, in the amount of $6,496.00. 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 ORAL COMMUNICATIONS: There were no oral conmuunications presented at this time. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to place on the agenda at this time, consideration of City Council reorganization. The metion failed to carry by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo and Roberrs Fanel None Councilman Roberrs then moved to suspend the rules requiring a unanimous ballot in order to place an item on this evening's agenda, whereas, the City Attorney advised that a motion to suspend the rules ordinarily requires a two-thirds vote of the City Council; however, that in view of the specific provisions of the Code requiring the unanimous consent of the City Council, a motion to suspend by a lesser vote would be out of order, Mayor Fanel indicated that he would be agreeable to consider this matter in an Executive Session, if the Council so desired. Considerable discussion was held regarding a procedure whereby this matter could be placed on the agehas for this evening's meeting of the City Council. RECESS: At the request of the City Attorney, Mayor Fanel declared a recess at 7:55 p.m. The meeting was called back to order at 8:00 p~m~, with all Councilmen present~ The City Attorney then advised that it appeared that there were two methods whereby an additional item may be added to the agenda; a majority vote of the City Council to add the item to the next City Council agenda, or a majority vote to amend the Code itself. In response to an inquiry from Councilman Roberrs, the City Attorney indicated that assuming it is the policy for the City Clerk to add items to the agenda for an adjourn meeting, which were not a part of the agenda for a regular meeting of the City Council, it would appear that it would not be out of order for the City Council, by a maJority vote, to request that an item be placed on an agenda for an adjourned regular meeting of the City Council. -4- City Council Minutes April 26, 1971 CONSENT CALENDAR: The Mayor announced that all matters listed on the agenda under "CONSENT CALENDAR" were to be considered by the Council as routine and enacted by one motion approving the Recommendation on the Administrative Report concerning the matter. He further advised that any item listed under the consent calendar could be removed at therequest of a Councilman, It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to approve Items No. 2 through 7 on the consent calendar. Item No. 2: Consideration of adoption of Resolution of Commendation for Eagle Scout BrUce Blake. Recommendation: That the City Council adopt the following Resolution by title only, title as {6il'o~s: RESOLIEION NOo 1168 A RESOLUTION OF THE CITY COI~CIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT BRUCE BLAKE ON ACHIEVING THE RANK OF EAGLE SCOUT~ Item No. 3: Consideration of request to proclaim May 1, 1971 as "Law Day USA." Recommendation: That the Mayor and City Council proclaim May 1, in the City of Cypress. 1971 as "Law Day USA" Item No. 4: 'Teen Week." Consideration of request to proclaim May 17 through May 23, 1971 as Recommendation: That the Mayor and City Council proclaim May 17-23, 1971 as "Teen Week'~ in th~"C'ity of Cypress. Item No. 5: Consideration of request to proclaim May 9 through June 20, 1971 as 'Multiple Sclerosis Awareness Month." Reconnnendation: That the Mayor and City Council proclaim May 9 through June 20, 1971 as '~ultiple Sclerosis Awareness Month" in the City of Cypress. Item No. 6: Consideration of verified claim for damages submitted by Mr. Charles Grose, President of Almsrt Shoes, Into Recommendation: In accordance with City Council policy, it is recommended that the subject claim be officially denied and referred to the City's insurance carrier for the appropriate disposition. Item No~ 7: Consideration of notice from the Alcoholic Beverage Control of an application for transfer of an Off-Sale General license from Alberton's Inc., (Nevada Corp.) to Albertson's (Delaware Corp.). Recommendation: Receive and file. PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT NO. C-248: The Mayor announced this was'the time'and '~i~e for ~he ~iiC H~ng ~0 '~der an application for a Conditional Use Permit which would allow the construction of a four-unit apartment building on property generally located at 5631 Camp Street, Cypress. The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated April 21, 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 reference to this Conditional Use Permit. -5- City Council Minutes April 26, 1971 The Secretary to Uhe Planning Commission reviewed a report dated April 5, 1971, which advised that the Planning Commission denied the application for the Conditional Use Permit at its meeting of March 4, 1971. The report indicated that the subject property contains 6,875 square feet, which is less than the minimum lot area of 7,000 square feet required for R-J+ lots; however, since the subject lot was a lot of record prior to the adoption of the zoning ordinance, it'is a legal nonconforming lot and may be developed provided =he standards of the R-4 zone are met. The report further indicated that the main reason for the denial of the request by the Planning Commissior was due to the fact that a four foot wide strip of the driveway was covered by the second floor of the proposed structure, and the Commission felt that in order to interpret the area as '~pen space", it would have to be totally unobstructed in a vertical direction° When asked by the Mayor if anyone in the audience wished to speak in favor of the granting of the Conditional Use Permit, Mr. Mark L. Wright, 9080 Bloomfield Street, Cypress, owner of the subject property, addressed the City Council stating that he had not appealed the decision of the Planning Commission. The City Manager explained that under the Urgency Ordinance, appeals of this nature automatically come before the City Council. In answer to an inquiry from Councilman Lacayo, =he Secretary to the Planning Commission indicated that if the applicant were to eliminate that portion of the second story which extends over the driveway, the proposed development would then comply with the City Code in terms of open space. There being no one to speak in favor or in opposition to the application, it was moved by Councilman Roberrs and seconded by Councilman Kenode to close the Public Hearing at this time. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 C0UNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Based on the fact that the applicant had not appealed the Planning Commission decision, it was moved by Councilman Kenode and seconded by Councilman Roberrs to deny the appeal of the Planning Commission denial of Conditional Use Permit No. C-248. 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 PUBLIC ~EARING .RE ~_ i~Q~IDE~RATIQN i0F iANI~__~FAT!ON ]~O. ]~1-1: The Mayor announced this was the time and place for the Public FLaring to consider Annexation No. 71-1, which would allow the property owner within Annexation No, 71-1 to outline any objections or protests which he might have. The Mayor declared the Public Hearing open, and requested the Staff to present its report° The City Manager presented a report dated April 21, 1971, which indicated the affidavits of publication, posting and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk; and that no written protests have been received as of this date. The report indicated that Annexation No, 71-1, which consists of 3.18 acres, is an uninhabited annexation of property located on the south side of Lincoln Avenue between Valley View and Walker Street. The property has a total assessed valuation of $22,560, and is the future site of the Cypress Poet Office. -6 - City Comcil Minutes April 26, 1971 There being no one to speak either in favor of or in opposition to the annexation, it was m3ved by Councilman Kenode and seconded by Councilman Harvey to close the Public Hearing. In answer to an inquiry from Councilman Harvey, the City Manager stated that a bond has been posted which guarantees the payment of drainage fees to the City of Cypress. The motion to close the Public Hearing 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 Kenode and seconded by Councilman Harvey to adopt the following R~solution by title only~ title as follows: RESOLUTION NO. 1169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING THAT A MAJORITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NO. 71-1 ~" The motion was unanimosuly carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kenode, Lacayo, Roberts and Kanel NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None It was moved by Councilman Kenode and seconded by Councilman Harvey to read the following Ordinance by title only, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXAIION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXAIION NO~ 71-1" TO THE CITY OF CYPRESS. It was moved by Councilman Kanode and seconded by Councilman Harvey to approve the first reading of this Ordinance, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kenode, Lacayo, Roberrs and Kanel None None At this time, it was mcved by Councilman Roberrs and seconded by Councilman Lacayo to place on the next agenda of the City Council, an item pertaining to City Council reorganization. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN 2 COUNCILMEN 0 COUNCILMEN Harvey, Lacayo and Roberrs Kenode and Kanel None Councilman Kanode indicated that he was opposed to the idea of utilizing a technical method of circumventing the Code provisions, and therefore voted against the action which is about to take place~ ~ 7- City Council MinuUes April 26, 1971 Com~cilmsa Harvey indicated that he voted in favor of the motion as he felt that this particular matter should be discussed at this time, since there seemed to be a stronE feelinE in this direction on the part of some of the members of the City Council. ADJOUi~MEN~: It was moved by Councilmm~ Roberrs and seconded by Councilman Lacayo to adjourn the meetinE of the City Council at 8:30 p.m. to 8:40 p.m. The motion carried by the followinE roll call vote: AYES: NOES: AB SENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Lacayo and Roberrs Kanode and Kanel None MAYOR OF TEE CITY OF CY~y~ESS ATTEST: CIT[ CLEI~r OF TEE/ CITY OF CYPRESS -8-