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HomeMy WebLinkAboutMinutes 71-05-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 10, 1971 The regular meeting of the Cypress City Council was called to order at 4:05 p.mo, on Monday, May t0, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Lacayo, Roberrs and Harvey ABSENT: Councilman Kenode Also present weTe City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dunlap, Poorthor, Grissom, Nudson, Hernandez, and Schatzeder~ STAFF REPORTS AND DISCUSSIONS: At the request of the City Manager, it was moved by Counci!~an Roberrs, seconded by Councilman Kanel and unanimously carried to consider Item No, 2 on the agenda at this time. It was 'moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried that the Mayor and City Co~m~cil issue a proclamation supporting "Buddy Poppy Days" on May 21 and 22, 1971, It was moved by Councilman Roberrs, seconded by Councilman Fanel and unanimously carried to continua Items No. 19, 20, 28 and 29 on the agenda to the next regular meeting of the City Council scheduled to be held on May 24, 1971. Upon the advice cf the City Attcrney, it was moved by Council~Roberts, seconded by Councilman Kanel and unanimously carried to place on the ;~Bda for consideration at this time, a memorandum of leas~ between the City of cypre~ ~nd the Cypress County Water Dist~ict~ It was u~ved by Councilman Kanel and seconded by Councilman Roberrs to approve a memorandum of lease between the City of Cypress and the Cypress County Water District, and to authorize the Mayor to sign the agreement and the City Clerk to attest to his signature. The motion was u~animously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMAN: Kanel, Lacayo, Roberrs and Harvey None Kenode The City Manager then reviewed the various items contained in the Progress Report. COUNCILMAN KANODE ARRIVED AT 4:16 P .M~, AND TOOK HIS PLACE ON THE PODIUM. Considerable discussion was held regarding the appointment of the seventh member to the Recreation and Park Conmission, whereas, it was the general consensus of the City Council that the City should readver=ise for this position, and to hold the interviews with the applicants during =he afternoon session of the City Council at its regular meeting of May 24, 1971~ RECESS: Mayor Harvey declared a recess at 4:30 p~m. at 4:34 p.m., wi~h all Councilmen present. The meeting was called back to order Following discussion relative to a Recreation and Park Commission organizational meetinZ it was decided to schedule this meeting on Monday, May 17, 1971, at 7:30 p.m., in the Administrative Conference Room. City Council Minutes May 10, 1971 J-51 Dates on which to consider the 1971-72 fiscal year budget were discussed, and it was the general opinion of the City Council to schedule these discussions for June llth, 12th and 13th. MINUTE S: It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to approve the Minutes of April 20, 1971, as presented. It was moved by Couneilm~ Kanode, seconded by Councilman Kanel and unanimously carried to approve the Minutes of April 26, 1971, as presented. It was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to approve the Minutes of the adjourned meeting of April 26, 1971, as presented. EXECUTIVE SESSION: It was moved by Councilman Kanode, seconded by Councilman Kanel and unanimously carried to go into an Executive Session at 4:55 p.m., to discuss a matter of personnel. The meeting was called back to order at 5:59 p.m., with all Councilmen present. RECESS: It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to recess at 6:00 p.m. to 7:30 p~m, CALL TO ORDER: The meeting was called back to order at 7:30 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kanode, Roberrs and Harvey ABSENT: Councilman Lacayo Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson, and the following members of the City Staff: Dunlap, Schatzeder, Hernandez, Robertson, Nudson and Grissom. PLEDGE OF ALLEGIANCE: Boy Scout Troop 650 led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Harvey, the City Manager reviewed what had transpired during the afternoon session of the City Council. COUNCILMAN LACAYO AI{RIVED AT 7:35 PoM~ AND TOOK HIS PLACE ON THE PODIUM. It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to place on the agenda for consideration as Item No. 26 a., Assembly Bill 813 , and a matter of an Ordinance violation as Item No. 26 b. C_O_NSIDERATION OF PROCLAMATION IN SUPPORT O~ THE ANNUAL SALE QF "B. UD.D~" .POPPIES: At this time, Mayor Harvey read in full, a proclamation supporting "Buddy Poppy Days" on May 21 and 22, 1971, and presented the proclamation to the representatives of the Veterans of Foreign Wars, #9847. ORAL COMMUNICATIONS; There were no oral communications presented at this time. -Z- City Council Minutes May 10, 1971 It was moved by Councilman Kanode, seconded by Councilmsm Roberrs and unanimously carried to consider Items No. 1 through 14 on the Consent Calendar, and to continue with Item No. 18 on the agenda, proceeding until 8:00 p.m., at which time the Public Hearings are scheduled. 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 P~conunendation 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. Councilman Kanel indicated that he would like to have more information relative to Item No. 8, Assembly Bill 437. It was the general consensus of the City Council that the City Manager will provide the Council with copies of this Bill at its next regular meeting. It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to approve Items No. 1 through 14, with the exception of Item No. 2, which had been approved earlier, on the Consent Calendar. Item No. 1: Apportionment of Vehicle License Fee Revenues for fiscal year 1970-71. Recomendation: Receive and File Item No. 3: Legislative proposals endorsed by the State Attorney General. Recomnendation: Receive and file. Item No. 4: Consideration of request of funding for Project 21 Program. Recomnendation: That the request for the $400 contribution to the UCI-ProJect 21 Program be referred to the City Manager for further review during the 1971-72 budget discussions. Item No. 5: Consideration of couanunication from Joyce Deleo requesting support of Route 31/71 alternate to become Interstate 15. Recommendation: Receive and file. Item No. 6: Consideration of waiver of Admissions Tax and permit fees for Scout-A- Rams, May 21 and 22, 1971. Recou~nendation: That the City Council authorize the waiver of Admissions Tax at the 1971 Scout-A-Rams and further authorize the issuance of non-fee building and electrical permits as required. Item No. 7: Consideration of waiver of Admissions Tax for St. Mary's annual '~ight at the Races," June 17, 1971. Recommendation: That the City Council grant the waiver of Admissions Tax as requested by the St. Mary's Hospital Guild, Inc. for the '~ight at the Races." Item No. 8: Consideration of request of support for Assemblyman Burke's opposition to Assembly Bill 437. Recommendation: Receive and file. Item No. 9: Consideration of request to proclaim June 5, 1971 as "SOAR" (Save Our American Resources) Day. Recommendation: That the Mayor and City Council proclaim June 5, 1971 as "SOAR" Day -3- City Council Minutes May 10, 1971 in the City of Cypress. Item No. 10: Consideration of request for cormants on the Orange County Drug Study Team Report. Recoumendation: Since the City of Cypress has developed an active drug program, it is reco~nended that the City Council refer this report to the City Manager and Police Chief for comments to be returned to the City Council at its regular meeting of May 24, 1971. Item No. 11: Consideration of petition in support of an appropriate area for mini- bi~es and go-karts. Reco~ndation: That the City Council authorize the City Manager to notify the Damrun students and persons si~ning the petition of the City Council's action in support of the use of the Nike Base for mini-bike and go-kerr purposes. Item No. 12: Consideration of acceptance of Grant Deed from the Cypress County Water Dist'rict for the office building. Reco=mendatiun: That the City Council accept the Grant Deed from the Cypress County Water District for the office building and authorize the City Manager to record the Grant Deed. Item No. 13: Consideration of request for support of UAW Chrysler Local 230 Resolution entitled, 'buy American Made Products." Recommendation: Raceiv~ and file. Item No. 14: C6nsideratzion of request of support for Assembly Bill 660 protecting the California Mountain Lien. Recommendation: Receive and file. CONTINUATIC~q OF CONSIDERATION OF APPOINTMENT OF REPRESENTATIVE TO THE ORANGE COUNTY HEALTH. .P.LANNIN..q C. OUNCIL.: It was moved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to continue the consideration of this matter to the next regular meeting of the City Council, scheduled for May 24, 1971. CONSIDERATION OF PROPOSED WALKER STREET ANNEXATION NO. 71-2: The City Manager presented a report dated May 5, 1971, which indicated that as requested by the City Council at the last regular meeting, a study has been completed pertaining to an area for annexation located on the west side of Walker Street~ north of the Pacific Electric Railroad tracks and immediately adjacent to the existing City boundary. The report stated that the original annexation of this area was requested by property owner, Morris Nickle, whose property has been pre-zoned by the City Council subject to annexation. The report advised that the proposed annexation contains ten parcels of land with eight property owners, and a total assessed valuation of $49,380. At the request of Mayor Harvey, the Administrative Assistant pointed to the subject location on the aerial map. It was moved by Councilman Kanode and seconded by Councilman Roberrs to authorize the City Manager to prepare the necessary maps and documentation for submittal to the Local Agency Formation tomlesion for Annexation No. 71-2, including the properties which are outlined in the report'. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None -4- City Council Minutes May 10, 1971 CONSIDERATION OF ESTABLISHING A LINCOLN AVENUE STUDY C_O_MMITTEE: The City Manager presented a report dated May 5, 1971, which indicated that at its regular meeting of April 26, 1971, the City Coumcil requested a further report on the possibility of creating a committee to study the development problems along Lincoln Avenue in order to prepare a statement or recovm~ndation to the Council concerning the future of Lincoln Avenue. The report suggested that a general meeting be called to review the development problems of Lincoln Avenue, with special invitations sent to Lincoln Avenue property owners, businessmen, adjacent residential areas along Lincoln Avenue, and to the Chamber of Commerce, along with a representative from the City Council and Planning Conmission, should the Council so desire. The report indicated that based on the interest generated at this initial meeting, the decision could be made as to the best method of org~izing the study committee. It was moved by Councilman Rober~ts and seconded by Councilmm~ Kenode to authorize the City Manager to call a public meeting for the purpose of discussing the develop- sent of Lincoln Avenue, as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF A JOINT POWERS AGREEMENT FOR A NEW POLICE COI~UNICATIONS SYSTEM: The C'lt~' Mane'get pre's'en'~e'd' a' re~ort 'aa~'ed'M~y 5, lgYl, ~f(ic'h ~nd~cated that t'h~ City of Cypress, in cooperation with the Orange County cities and the Orange County Conmunications Department, participates in a coordinated law enforcement communication system~ and that during the past several months, a comprehensive analysis has been completed which indicates the need for a new ultra high frequency system to facilitate the detection and prevention of crime in Orange County. The report advised that the Orange County Conmunications Department is prepared to submit an application to the California Criminal Justice Council to fund 60% of the costs of implementing the new UItF system, and then outlined the breakdown of costs for the equipment required for the City of Cypress, with the total amounting to $51,000.00, with of the City's share at $20,400.00. It is estimated, the report continued, that the entire system would not be completed for a two year period, and therefore, the City would only be required to budget one-half of the cost in the 1971-72 fiscal year. The report further advised that the Orange County Communications Department, in order to proceed with the grant application, has requested each city in the County to adopt a Resolution supporting this program which would obligate the city for the first year costs of equipment acquisition, and to further authorize the execution of a Joint powers agreement which would authorize the submittal of the application to the Criminal Justice Council. In response to a statement by Councilman Lacayo, the City Manager explained that the existing bands, which are being used by the Police Departments within the County, are overused and are reaching the point where additional stations cannot be added without going to a new frequency. He stated that it is a very urgent matter from the standpoint of law enforcement, which is why all of the cities in Orange County, with the exception of Cypress and La Habra, have adopted this program. In answer to a further inquiry from Councilmam Lacayo, the City Manager indicated that the existing facilities, including the mobile units, base station, car radios, ere., could be transferred and hopefully utilized by General Government Services. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE JOINT POWERS AGREEMENT BETWEEN TEE CITY OF CYPRESS AND THE COUNTY OF ORANGE FOR A COOPaINATED LAW ENFORCEMENT COMMUNICATIONS SYSTEM. City Council Minutes May 10, 1971 In answer to inquiries from Councilman Roberrs, the City Manager indicated that until the grant is actually accepted, the City would not be committed for funding. Counoilmm~ Lacayo and Councilman Roberrs beth expressed a desire to have the Orange County Comnunications Department deliver their presentation relative to the new co~nunications system. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None PUBLIC HEARINGRE: CONSIDERATION OF AN APPLICATION FOR A SPECIAL PERMITsFRIENdSHIP COMPANY: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Special Permit which would allow door-to-door solicitation of coupon books for a service station, requested by Mr. Craig Conbran, on behalf of the Friendship Com~any~ The Mayor declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated May 5, 1971, which indicated the affidavits of publication and posting of the Public Hearing notice on this matter are on file in the office of the City Clerk, and no comunications have been received regarding this application. The report further indicated that the Police Department has completed its investigation of the applicant, and finds no cause to protest the application. At the request of Mayor Harvey, the applicant, Mr. Craig Cochran, 9405 Cambridge Street, Cypress, addressed the Council stating that his company is half-way between a professional sales company and a non-profit organization. He stated that the City's Ordinance requires, in addition to a business license, that the applicant have a sales license for each salesman. Mr. Conbran explained that his salesmen are not professional salesmen; but rather, are fifteen and sixteen year olds, and will be making a very small commissio~'as the product sells for only one dollar. He stated that he is memaging his business on as low of a budget as he possibly can, and then requested that the City Council waive the individual business licenses for the teenagers. In response to an inquiry from Councilmen Lacayo, Mr. Cochran stated that he is trying to establish a means of employment for youth in this area. He then presented Councilman Lecayo with a card similar to those which would be solicited in the con~nunity, and stated that the coupons would be redeemable for services provided by the Shell Service Station at the comer of Lincoln Avenue and Denni Street. In answer to an inquiry from Councilman Kanel regarding the applicant's request for a waiver of the supplemental business licenses, the City Attorney advised that this could only be accomplished if the City Code were amended, as the current provisions of the Code allow e~emptions only when the business qualifies as a non-profit organi~ zation. Councilman Kanel stated that he was in favor of young persons having a businese, and than requested that the City Attorney investigate the possibility of amending the Code pertaining to business license fees which would enable small businesses, such as the one currently under consideration, to operate within the City at a lesser expense. In answer to an inquiry from Councilmam Roberts, the applicant stated that his company distributed coupons in the City of Buena Park in a little over a two-week period of In response to an inquiry from Councilmen Kenode, Mr. Conbran indicated that he was the sole proprietor of the business. -6- City Council Minutes May 10, 1971 In answer to an inquiry from Councilmm~ Roberrs, the Finance Director stated that the Code requires a fee of $5.00 for each supplemental permit, and that in addition, a $25.00 fee is charged for a business license per salesman. ~e indicated that the business license fee is pro-rated to the last quarter of the year, and that in this particular matter, the cost would amount to $6.15 per salesman. In answer to an inquiry from Mayor Harvey, Mr. Cochran stated that the hours of operation would be between 4:00 p.m. and 7:30 p.m., or until dark, on the weekdays, and from 10:30 a.m. until 6:00 p.m. on the weekends. There being no one to speak in opposition to the application for the Special Permit, the Mayor declared the Public Hearing closed. It was moved by Councilmen Kenode and seconded by Councilman Lacayo to grant the request for a Special Permit based on a determination that the proposed request comports with the peace, health, safety, convenience, good morals and general welfare of the public. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None Councilman Kenode stated that he would also like to have the Code modified to allow the City Council the discretion of making some of the determinations relative to the business license fees. He stated that he was very much in favor of young people starting in businesses of their own. It was moved by Councilmsm Roberrs, seconded by Councilman Kenode and unanimously carried to place on the agenda as Item No. 23 a., the consideration of the City's Ordinance pertaining to license fees. PUBLIC HEARING RE: AMENDMENT TO ZONING ORDINANCE NO. 90--ZONE CHANGE NO~ Z-198: Mayor announced th~'s was the time and p'kaae f6r 'the Pub"lic Hear~'~ 't0 ~0~sider an amendment to the Zoning Ordinance No. 90, which would change the zone of property located at 9882 Valley View Street, Cypress, from R-1 (Single-Family Residential) to R-3 (Multiple-Family Residential), known as Zone Change No. Z-198. The The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated May 5, 1971, which indicated that the affidavits of posting, mailing and publication of the Public Hearing notice are on file in the office of the City Clerk, and that no communications have been received regarding this matter. The Secretary to the Planning Commission pointed to the subject location on the aerial map, and reviewed a supplement report to Planning Staff Report PC~71-52, dated May 5, 1971. The report outlined the zoning of the surrounding properties, and indicated that the change of zone would conform to the present and the revised Land Use Element of the General Plan. The report indicated that this particular parcel of land was recently processed for a change of zone from R-1 to R-4 and subsequently was denied by the Planning Commission and the City Council. In response to an inquiry from Councilman Lacayo, the applicant, Mr~ Bergum, Bergum Construction Company, 1023 East Chapman, Fullerton, California, representing Mr. Sam Lindeboom, owner of the subject property, stated that a Planned Development Zone had not been applied for, as it would not be feasible to plan, build and operate a 14-unit development on the subject property. He further stated that 23 units are proposed. In answer to an inquiry from Councilman Roberrs, the City Manager indicated that the flow of traffic would be given consideration when a development plan is submitted. 7 City Council Minutes May 10, 1971 There being no additional testimony either in favor of or in opposition to the request for a zone change, it was moved by Councilms~ Kanode, seconded by Councilman Lacayo and unanimously carried to close the Public Hearing. Councilman Kanel indicated that he felt the property could be developed as it is currently zoned, R-1 (Single-Family Residential). In answer to an inquiry from Councilman Lacayo, the Secretary to the Planning Coumiasi~x indicated that should the property be developed as R-i, the property owner, in order to afford access to the single-family dwellings, would be required to pay for the total costs of the streets and improvements. Due to additional testimony, it was moved by Councilman Kanel, seconded by Councilman Roberrs and unanimously carried to reopen the Public Hearing at this time. Councilman Lacayo stated that he concurred with the decision of the Planning Commission in that he did not consider the property to be properly zoned as R-l, Mayor Harvey indicated that this property, with its particular location, requires special consideration. He stated that he felt that it would be difficult to develop the property as R-1 due to the surrounding land use and the fact that it faces Valley View Street which is a heavily traveled arterial; and, that d~ to the distance of the property from the intersections of Valley View and Ball Road, and Valley View and Fred Drive, a critical traffic situation could evolve 'which would be cormpounded by the development of a multiple-family development. Councilman Roberrs discussed the relationship between the high school site, the property under consideration, and the property to the south of the subject property. In answer to inquiries from Councilman Roberrs, the City Manager indicated that it would be unlikely that the school district would consider an exchange of a portion of property for the odd parcels to the south of the property under review, as the plans for the high school are complete and groundbreaking is scheduled for the very near future. Mro Bergum again addressed the City Council stating that his company had studied the street problem and concluded that multiple-unit developments in the City of Cypress should front on either Lincoln Avenue or Valley View Street, as they are able to accommodate the traffic~ Mrs. Elsie Glass, Fallbrook, addressed the Council stating that she was part- owner of the property, and that this particular piece of property has been in the City for years. Mrs. Glass urged the Council to approve the change of zone, and indicated that the multiple-unit development which is proposed for the property will be an asset to the community. It was moved by Councilman Roberrs'and seconded by Councilman Lacayo to continue the consideration of this matter to the next regular meeting of the City Council 'and to direct the Staff to explore with the property owners, all of the possibilities of exchanging portions of property zoned R-4 to the south of the subject property, and the property under discussion, with the school district. Councilman Lacayo indicated that he seconded the motion for the purpose of discussion. Following a brief discussion regarding the feasibility of Councilman Robert's proposal, Councilms~l Lacayo indicated that he agreed with the Staff in that it would be extremely difficult to accomplish any exchange of property with the school district at this time; however, stated that he would favor a study regarding a change of zone which would result in the R-1 and R-4 properties being zoned alike~ Councilman Lacayo then withdrew his second to the motion. In response to an inquiry from Mayor Harvey, the Public Works Director described a median which has been proposed for Valley View Street, and indicated that it would not have any openings from Just north of the channel to Ball Read, He further indicated that the main entrance to the high school site will be north of Fred Drive. - 8- City Council Minutes May 10, 1971 Mayor Harvey declared the Public Hearing closed. It was moved by Councilm Kenode, seconded by Councilman Kanel and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-1 (SINGlE-FAMILY RESI- DENTIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) AND KNOWN AS ZONE CHANCE Z-198. Councilman Lacayo stated that in light of the peculiar shape of and access to this property and considering the control which the Council has in issuing a Conditional Use Permit, along with the fact that the applicant has indicated that he would develop the property at a much lower density than the maximum allowed under an R-3 zone, he would move for approval of the first reading of the 0rdinance~ It was moved by Councilman Lacayo and seconded by Councilman Kanode to approve the first reading of the Ordinance. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN ABSENT: 0 COUNCILMEN: Kanode, Lacayo and Roberts Kunel and Harvey None RECESS: Mayor Harvey declared a recess at 9:20 p.m. The meeting was called back to order at 9:30 pom., with all Councilmen present° PUBLIC HEARING RE: CONSIDERATION OF AN AMENDMENT TO ~HE Z~ING.QPd~INANC~ NO. 90'- ZONE CHANGE NO. Z-199: The Mayor announced this was the time and place for the Public Hearing to consider an application to amand the Zoning Ordinance No. 90 to change the zone of property generally located 110' west of Grindlay, 220' west and 990' north of Lincoln Avenue, from H-C (Highway-Commercial) to R-3 (Multiple-Family Residential), initiated by Larwin Multihousing Corporation. The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated May 5, 1971, which indicated that the affidavits of posting, mailing 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 presented a supplement to Planning Staff Report PC#71-50, dated May 5, 1971, which outlined the zoning of the surrounding properties, and indicated that the request does conform to the Land Use Element, Housing Element and Townscape Element of the City's General Plan. The Secretary than pointed to the subject location on the aerial map. In answer to an inquiry from Councilmen Kanode, the Secretary to the Planning Commission indicated that it was the feeling of the Planning Commission that a multiple-family development would be a transition between the R-1 area and the City's proposed Corporation Yard. At the request of Councilman Kanode, the Secretary to the Planning Commission pointed to the three points of access to the subject property. Discussion was held relative to extending the R-3 to Lincoln Avenue, and as to whether or not the City should retain Highway-Commercial frontage. City Council Minutes May 10, 1971 In answer to an inquiry from Councilman Roberrs, the Secretary to the Planning Comission indicated that the limitations which would be iu~osed on the subject property as a result of various requirements, such as a 100' setback in terms of two story buildings, have been discussed with the applicant. He further indicated that the Planning Commission has reviewed a plan of development for the property which will be before the City Council in the near future. Mro Lee J. Goldin, Lazwin Company. 9100 Wilshire Boulevard, Beverly Hills, California, addressed the Council stating that he felt that the R-3 development would be the highest end best use for the subject property. He indicated that there would not be a problem of intermixing the traffic with that of the R-1 residents, and further, that the development would act as a buffer, and would be umch mere compatible with the R-1 development than a C-3 use. When asked by the Mayor if there was enyone wishing to speak in opposition to the request for a zone change, Mr. Charles Pink, 8702 Acacia Drive, Cypress, Vice- President of the Cypress Chamber ef Co~:nerce, addressed the Council stating that the Board of Directors of the ~ha~e~ of Commerce has discussed this particular zone change request end oppose it, as in their opinion, the property should be retained for commercial purposes. In responses to an inquiry from Mayor Harvey, the City Manager reviewed the status of the Cypress Elementary School stating that there are plans to sell the frontage on Lincoln Avenue. He further indicated that the Lincoln Avenue frontage of the school property is zoned H-C. Councilman Harvey then indicated that the school site, with its extensive frontage on Lincoln Avenue, would be much mere prone to develop conmmrcially than the property under question which has a small exposure to Lincoln Avenue ~ Councilm~ Roberrs stated that changing the zone would, in a sense, be changing the philosophy of the Lincoln Avenue area, and remarked that he would be much mere apt to consider this matter in light of the overall Townscape Plan and Housing Elerznt which the City has adopted. He further indicated that perhaps this area would be a suitable location to initiate a project of five or six stories. There being no further public teetlmuny, Mayor Hazvey declared the Public Hearing closed. It was moved by Councilman Kenel, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE N0.90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-3! (COMMERCIAL-MANUFACTURING) AND H-C (HIGaWAY~COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) AND KNOWN AS ZONE CHANGE Z-199. It was moved by Councilmen Kanel and seconded by Councilman RAnode to approve the first reading of this Ordinance. Councilman RAnode indicated that he did not like to give up Highway-Commercial zoning; however, felt that the street which is proposed, and which will open up the area in the ~rlcinity of the City's proposed Corporation Yard, tends to make the property quite developable. He indicated that based on this, along with the fact that the frontage of this parcel is very limited on Lincoln Avenun, he will be voting in favor of the zone change. Councilman Kanel stated that be concurred with Councilman Kanode's etate~ent~ Councilman Lacayo stated that he felt the matter should be referred to the proposed Lincoln Avenue Study Conm~ittee, which was considered earlier this evening, before a - 10 - City Council Minutes May 10, 1971 decision on the zone change is made. Mayor Harvey then indicated that this particular property was considered extensively by the Planning Commission at its first hearing when there was an application for a Planned Development zone change, and again when it was being considered for R-3 multiple-family, at which time the Commission voted unanimously in favor of the zone change. Councilman Roberrs stated that for some time the City has been faced with problems relating to multiple-family development and its impact upon the City. He further stated that it has been pointed out that there is not enough commercial property within the City. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to refer this matter to the first meeting of the Lincoln Avenue Study Committee for consideration, and to postpone this Public Hearing to.the next regularly scheduled meeting of the City Council following the meeting of the Lincoln Avenue Study Committee. Following discussion, the motion to postpone the Public Hearing to a date following the first meeting of the Lincoln Avenue Study Committee failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Roberrs Kenel, Kenode and Harvey None The motion to approve the first reading of the Ordinance carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode and Harvey Lacayo and Roberrs None CONSIDERATION OF 0RDINAN. CE PERgAINING ~R BUSINESSLICENSES: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to read by title only~ the following Urgency Ordinance which would add the clause, "u~less modified by the City Council" to the appropriate sections of the City Code, ORDINANCE NO. 448 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 15-59, 15-67~1 AND 15-45 OF THE CYPRESS CITY CODE REGARDING SPECIAL PERMITS AND BUSINESS LICENSE FEES FOR SOLICITORS. The City Attorney suggested that this Ordinance be effective for a period of ninety days only, to allow a study of the possibilities of developing some definitive criteria for the granting of exceptions relative to the fees. In response to an inquiry from Councilman Kenode, the City Attorney stated that under this Ordinance, the Council could waive a portion of the fees, should they so desire~ It was moved by Councilmm% Kanel and seconded by Councilman Kenode to adopt Ordinance No. 448. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs end Harvey None None It was moved by Councilmen Lacayo, seconded by Councilman Roberrs end unanimously carried to place on the agenda for consideration at this time, the matter of business license fees for the Friendship Company, which was granted a Special Permit earlier this evening. - 11- City Council Minutes May 10, 1971 It was moved by Councilman Lacayo and seconded by Councilman Kanode to establish the base business license fee for the Friendship Company at $25.00, and to charge $1.00 per solicitor for each supplemental permit~ The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF REQUEST FOR A~THOR!ZATION TO EMPLOY PART-~!ME M~I~ENANCE .AIDS: The City Manager presented a report dated May 4, 1971, which indicated that for the past two years, the City Council has epproved a program of employing students during the summer months to assist in the Public Works Maintenance Division. The report further indicated that the program has been highly successful in assisting the Maintenance Division in completing various projects which otherwise would require additional full-time maintenance personnel. It was msved by Councilman Kanode and seconded by Councilman Roberrs to authorize the City Manager to recruit for ten maintenance aide positions to be employed for twelve weeks during the summast months to assist in the Public Works Maintenance Division as outlined in the report. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ADOPTION OF RESOLUTION PROCLAIMING MAY 10-1~ AS "NA~IONAL PUBLIC ~3RKS WEEK." It was moved by Councilman Roberrs and seconded by Councilman Kanode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROCLAIMING MAY 10-15 AS "NATIONAL PUBLIC WOEKS WEEKs" The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26586 THROUGH 2666 4: It was moved by Councilman Lacayo and seconded by Councilma~ Roberrs to approve the Commercial Warrant List for Warrants No. 26586 through 26664 in the total amount of $85,228.93. The motion was unanimously carried by the following roll call vote: AYES: NOES: A3SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Fanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ASSEMBLY BILL 813: Councilman Roberrs stated that this Bill, which is from the Aseembly, is for the purpose of revising the archaic provisions of the annexation laws. Councilman Roberrs stated that the Bill is now before the Senate, and suggested the Council might wish to forward a Resolution in support of the Bill to the appropriate legislators. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to direct the City Manager and City Attorney to prepare a Resolution in support of Assembly Bill 813. City Council Minutes May 10, 1971 In answer to an inquiry from Mayor Harvey, the City Attorney indicated that this Bill is the first attempt to 8ive some cohesivehess to the annexation statutes which have been amended periodically over the past fifty years. He added, that he felt this particular Bill is worthy of the City's support. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kenode, Lacayo, Roberrs and Harvey None None C.O~IDERA~ON OF ZONING ORDINANCE VIOLATIONS: The City Manager indicated that two sections of the City Code have been violated which deal with a person operating a business from his home without having first obtained a Home Occupation Permit and that vehicles used in conjunction with the business have been in violation of the Code° He e~ed, that the City has been unsuccessful in obtaining relief through co~nunicatiens and requests from the Staff, and that the City has directed a letter to the City Attorney relative to this matter. It was moved by Councilman Kanel and seconded by Councilman Kenode to authorize the City Attorney to take any appropriate action to bring an end to this illegal use. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF ~.~CO~p READING OF ORDINANCE RE: ANNEXATION NO. 71-1: It was moved by Councilman Kenode, seconded %~ douncilman Kanel and un'ani'~ously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. 449 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION N0~ 71-1" TO THE CITY OF CYPRESS. It was moved by Councilman Kenode and seconded by Councilman Roberrs to adopt Ordinance No, 449. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Robarts and Harvey None None ORAL COMMUNICATIONS: There were no oral co~nunications presented at this time. ADJOUI~MENT: It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to adjourn at 10:50 p.m. to May 22, 1971 at 8:00 a.m., at the be Alamitos Country Club for the purpose o f a Joint-tour of the City with the Planning Co~nission. ATTEST: CITY fLb"RK'0~'~{EvCIT~/OF d2~R~SS - 13 - MAYOR OF THE CITY OF CYP~