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HomeMy WebLinkAboutMinutes 71-06-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 14, 1971 The regular meeting of the Cypress City Council was called to order at 4:00 pom., on Monday, June 14, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding° PRESENT: Councilmen Kanel, Roberrs and Harvey ABSENT: Councilmen Kenode and Lacayo Also present were City Manager/City Clerk Dartell Essex and the following members of the City Staff: Schatzeder, Warren, Grissom, Hernandez, Dunlap and Amberg. COUNCILMAN LACAYO ARRIVED AT 4:03 P .M~, AND TOOK HIS PLACE ON THE PODIUM. The City Manager then introduced Mr. R. Io Morris, Director, Communications Department, County of Orange, who delivered a presentation regarding the new U~H.F. Police Communications System. COUNCILMAN FANODE ARRIVED AT 4:10 P.Mo, AND TOOK HIS PLACE ON THE PODIUM. Following the presentation in which the various capabilities of the new communications system were reviewed, a question and answer period was held o MINITIE S: It was moved by Councilman Kanel, seconded by Councilman Roberrs and unanimously carried to approve the Minutes of May 10, 1971 as presented. It was moved by Councilman Kanel, seconded by Councilman Roberts and unanimously carried, with an abstaining vote by Councilmen Kenode as he was not present at that meeting, to approve the Minutes of May 24, 1971 as presented, It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to place on the agenda for consideration at this time, a communication from the City Council of the City of Inglewood concerning a challenge to the City Council of Cypress to a game of basketball° At the request of Mayor Harvey, the City Manager read in full, the letter from the Mayor of the City of Inglewood, dated June 4, 1971, in which that City challenged the City of Cypress to a game of basketball, to be played at half-tim~ at one of the Los Angeles Lakers' games this fall o It was moved by Councilman Kanel and seconded by Councilman Roberrs to direct a connnunication to the City Council of Inglewood, indicating that the City of Cypress accepts their challenge to participate in a basketball game, and to suggest that the City of Cypress be awarded the Forum in the event the Cypress City Council wins. The motion was unanimously carried b~ the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Robarts, seconded by Councilman Lacayo and unanimously carried to consider, out of order, the Consent Calendar at this time. Councilman Roberrs requested that Item No~ 16 be removed from the Consent Calendar and considered in the evening session of the City Council under Oral Communications° ~I~o~cit Minutes J~e 14, 1971 Cormclimes Kanel indicated that he would like to have Items NO. 17, 20 and 21 removed from =he Consent Calendar~ It was moved by Cotmcilman Roberrs, seconded by Councilman Kenode and unanimously carried to approve Items No~ 5 through 21, with the exception of Items 16, 17, 20 and 21, on the Consent Calendar. Item No 5: Consideration of waiver of filing fee for a Conditional Use Permit for the Anaheim Union High School District. Recommendation..: That the City Council grant the wai~er of filing fees for Conditional Use Permit applications subs/trod by the Anaheim Union High School District ~ Item Noo 6: Consideration of request for audit for Fiscal Year 1970-71 of the Cypress Recreation and Park District~ Recommendation: That the City Council request the City Manager to direct a communication to the Orange County Auditor requesting that the audit of the Cypress Recreation and Park District for the Fiscal Year ending June 30, 1971 be coTmpleted by the County Edditor with copies made available to the City Council upon completion~ Item No~ 7: Consideration of request for potential projects on ecology and conservation. Recomnendation: That the City Council request the City Manager to notify Mrs~ Franks of the ecology activities of the Cypress Chamber of Commerce and refer her specific request to the Chamber for consideration ~ Item No~ 8: Consideration of request of Recreation and Park Commissioners to attend the Advisory Commissioners Workshop~ Recommendation: That the City Council authorize ~wo members of the Cypress Recreation and Park Commission to attend the Advisory Commissioners Workshop, Friday and Saturday, June 25th and 26th in Norwalk, California, and that they be reimbursed for actual and necessary expenses~ Item No ~ 9: Consideration of request to proclaim September "Leukemia Month." Recomrq. endatlon: That the Mayor end City Council proclaim September as "Leukemia Month" in the City of Cypress. Item No~ 10: Consideration of communication from the Ciu~ Auditors reporting satisfactory results of preliminary audit for the period ending June 30, 1971~ Recoumendation: Receive and file~ Item No~ 11: Consideration cf Resolution of the Cypress Chamber of Commerze regarding the Los Alamitgs Naval Air Station property° Recou~nendation: Receive and file. Item No. 12: Consideration of Resolution c.f the Cypress Chamber of Commerce regarding the use of the Cypress School District property on Lincoln and Grindlay~ Re.co~mnenda=ion: That the Resolution be received and filed, and the City Manager be requested to notify the Cnamber of Commerce that the use of the subject property for religious purposes will require a Conditional Use Permit~ Item Noo 13: Consideration of request to relocate an existing crosswalk to the Bloomfield Avenue bridge area. -2- City Council Minutes June 14, 1971 Recommendation: That the City Council receive and file the communication and request the City Manager to advise the City of Los Alamitos that the study of the cross- walk is currently being evaluated by the Advisory Traffic Committee and a recommend- ation will be forthcoming following the June 28th City Council meeting° item No. 14: Consideration of request for reimbursement of traffic control costs incurred by Los Alamitsso Recommendation: That the City Council request the City Manager to notify the City of Los Alemites that the City of Cypress is willing to assume the traffic control activities adJ scent to the Los Alemites Race Track on Katella Avenue at such time as the City of Los Alemites is willing to de-annex the subJect street with a subsequent annexation to the City of Cypress. Item Not 15: Consideration of communication expressing concern regarding chicken ranches and horses in the general area of Cuescent Avenue and Acacia. Recommendation: That the City Ccuncll request the City Manager to notify Mr~ Church that the problems as outlined in his communication are under study and that he will be advised as to the action taken in regard to these matterse Item No o 18: Consideration of Claim for Damages submitted by the Hartford insurance Group for Almert's Shoes, Inc. Recon=nendation: In accordance with CXty policy, it is recormnended that the claim be Officially denied and referred to out insurance carrier for the appropriate disposition. Item No o 39: Consideration of recogni=ion of the Orange County Criminal Justice CounCil as a Regional Planning Area, Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLDTION NO ~ 1t. 78 A RESOLUTION OF THE CITY COUNCIL O~ THE CITY OF CYPRESS RECOGNIZING THE ORANGE COUNTY CRIMINAL JUSTICE COUNCIL AS THE REGIONAL CRIMINAL JUSTICE PLANNING BOARD EFFECTIVE JULY 1, 1971.~ It was moved by Co~cilman Roberrs, seconded by Councilman Lacaye and unanimously carried to consider Items Nee 34, 35, 36, 39, 42, 43 and ~5 on the ageode at this time. CONSIDERAIION OF .SEWAGE PUMP STAtION REIMBURSEMENT. AGREE.}~T--,TENTATIVE ~RA..CF. MAP #6719: At the request of the City Manager, it was moved By Councilman Roberrs, seconded by Councilman Laca~o and unanimously carried ~o continue the consideration of this matter to the next regular meeting ofithe CitF Council scheduled to be held on June 28, 1971. CONSIDERATION OF FISCAL YEAR 1971-72 ARTERIAL.,.~WAY FINANCING PROGRAM ADMINISTRATION..~G~E..M..NTS~ At the request ofthe City Manager', the'P'ublic Works Director reviewed a report dated June 4, 1971, which indicated that each year, the County of Orange allocates a portion of the County's share of State Gas Tax funds to the City under its Arterial Highway Financing Program~ The report advised that cities must submit projects for approval for a particular fiscal year in the previous December~ The report outlined the projects which the City of Cypress Submitted last Decembe/TM, and Which were subsequently approved by the A.H.FoP0 Co~n~ttee and the Board of Supervisors° City Cornoil Minutes jtme 14, 1971 It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve the Administrative Agreement for A~H~F~P, Project ~598, Crescent Avenue, La Sails Street to 300 feet west of Acacia Drive, and to authorize the Mayor to sign the agreement, and the City Clerk to attest to his signature° In response to an inquiry from Mayor Harvey, the City Manager indicated that he would investigate the possibility of having a different type of fencing installed at the Forest Lawn Cemetery° 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 It was moved by Councilman Rober~s and seconded by Councilman Lacayo to approve the Administrative Agreement for A~H.F,P, Project ~632, Valley View Street, 900 feet north of Ball Road to Ball Road end Crescent uo south City limits and to authorize the Mayor to sign the agreement, and the City Clerk to attest to his signature~ The motion was unenimou~iy carried by the following roll call vote: AYES: 5 COUNCILMEN.· NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN.~ Fanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberrs and seconded by Councilman Kenel to approve the Administrative Agreement for A~H.F,P. Project ~625, Orange Avenue, 600 feet West of Walker Street to 1300 feet east of Walker Street and to authorize the Mayor to sign the agreement and the City Clerk to attest ~o his signature~ 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 ANNUAL REQUALI~ICE~ION ,Op pARTiCIpAT~Mq ~T~ IN ,THE ~COUNTY~ .OF OI~ANGE ARTERIAL HIGHWAY FINANCING PROGRAM: As stated in a report f~cm the Public Works Director dated June 7, 1971, each year the cities participating in the Arterial Highway Financing Program must adopt a Resolution by Jul~ 1 informing the Advisory Conmittee as to whether or not an~ changes to ~he Arterial Highway Master Plan have been made within the City and ~o request that the changes, if any, 5e adopted into the County Arterial Highway Master Plan and be made eligible for inclusion in the program° It was moved by Councilman Roberrs and seconded by Councilman Kenode to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP CYPRESS INFORMING THE COUNTY ARTERIAL FINANCYNG ADVISORY COMMITTEE THAT NO CHANGES ARE REQUESTED FOR INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN° ~he motion was unanimously carried by the following ~oll call vote: AYES: 5 COUNCILMEN ~ NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None City Council Mintues june 1,4, 1971 CONSIDERA%ION OF EXTENSION OF "NO PARKING" AREA ON BLOOMFIELD STREET Kr ORANGE AVENUE: The City Manager presented a report dated June 9, 1971, which indicated that at its meeting of May 14, 1971, the Advisory Traffic Cou~nittee considered a request from the City Council for an extension of the 'No parking" area on the east side of Bloomfield Street south of Orange Avenues The report further indicated the Committee recommended the addition of fifty feet of '~o parking" area to the existing thirty feet, for a total '~o parking~' restriction at this location of eighty feet, It was moved by Councilman Kenode end seconded by Councilman Robexts to adopt the following Pasolution by title only, title as follows: RESOLUTION NO~ 1180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISMING NO PARKING AREAS~ The x~otion was unenimo'usly carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs an~ Harvey None None CONSIDERATION OF PURCHASING ADDITIONAL CO~ES .0F .T~ TO__WNSCApE ~..MENT: The City Manager reviewed a report dated June 10, 1971, which indicated that the City has been advised by the consulting firm of Eckbo, Dean, Austin & Willjams that the City of Cypress~ Townscape Element will be p~inted within the next two weeks and that under' the provisions of ~he original contract, the City will receive 50 copies ~f the Townscape report~ The report stated that the firm selected to do the printing has indicated that 150 additional copies could be purchased by the City at a cost of $500~00, which would be considerable less than reproducing the report a~ a later date. It was moved by Councilman RobePus and seconded by Councilman Kenode ~o authorize the purchase of an additional 150 copies of the ~ownscape Plan at a cost not to exceed $500.00; and to appropriate $500 from the reserve o~ the Capital Improvements account to the Planning Contractural Services account ~ l'he motion was unanimously carried by the f~llswing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kane2~ Kenode, Lacay~;, Robarcs and Harvey None None CONSIDERATION OF INCREASE IN THE CONTRACT AMOUNT FOR THE CiTY AUDIT SERVICE: The City Manager presented a report dated June 10, 1971, which indicated that the City has received a request from Diehi, Evens and Company ~ currently serving as City Auditors, to increase the maximum fee schedule for audit service in the 1971-72 fiscal year from $1,500 ~o $1,800~ The report advised that this fee is a maximum charge, as the City is only billed for actual time charges expanded in conducting the City audio. lhe report outlined the actual charges, which are based on per diem rates, and indicated that the fee schedule is based on the anticipated increase in the audit workload due to increased financial transactions of the City and increased personnel costs cf the auditing firm~ Councilman Roberrs indicated that he felt that t~e ~ee should be negotiablel ~ollowing a brief discussion regarding the iee, the City Manager suggested that a representative from the firm of Diehl, Evens and Company be invited to deliver a presentation to the City Council regarding that firm's fee and services~ Councilman Roberrs indicated that he would like to have a listing of the top three auditing firms. -5 - City Co%mcil Mintuse June 14, 1971 It was moved by Co~mcilman Roberrs and seconded by Counciln~u% Lacayo to continue the consideration of this item to the next regular meeting of the City Council scheduled to be held on June 28, 1971, and to extend an invitation to the firm of Diehl, Evans and Company regarding a presentation concerning their fee and services° 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 CONSIDERATION OF.A~_PRO~AL OF.COb~4ERC~A~,.~A.RRANT LIST FOR WETS NOo 26761 THROUGH 26893: It was movedby Councilman Kanel and'~&~ndea by Ceu~iiman approve the Commercial Warrant List for warrants now 26761 through 26893 in the tstal amour~t of $104,429o65, The motion was unanimously carried by ~he following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None At the request of Councilman Lacayc, it was moved by Councilman Roberrs, seconded by Com~cilman Lacayo and unanimously carfled to place on the egende at this tinm, the consideration of the establishment of a position of Honorary Mayor, which would be filled by an outstanding youth from the City° IE was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to direct the City Manager to conduct a stud~ relative to establishing a position of Honorary Mayor f~r a period of one day cr one week, to be filled b~ an outstanding your, g person from che co~nunity~ At this time, it was moved by Council~an Kenode to conside~ Items No~ ~6, 47, 48 and 49, all second readings of Ordinances, on the agenda at this tinB~ Councilman Kanode's motion died for the lack of a second. The City Manager ~hen introduced Mrs~ Daryle Ellwart, newly appointed Manager Df the Cypress ~amber of Corm~erceo E~3~COTIVE SESSION: It was moved by Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to go into an Executive Session at 5:35 pom., to discuss a matter of personnel~ The meeting was called back ~o order at 6:00 p.mI~ with all Councilmen present. RECESS: It was moved By Councilman Kenode, seconded by Councilman Lacayo and unanimously carried to recess at 6:00 p0m, to 7:30 p~ml 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 Kanei, Kenode and Harve~ ABSENT: Councilmen Lacayo and Roberrs Also present were City Manager/City Clerk Oarroll Essex, City Attorney James Erickson, Deputy City Atzcrney John Murphy, and the following members of the City Staff~ Dunlap, Poe~tner, Hernandez, Schatzeder, Savord, Nudeon end Grissom. PLEDGE OF ALLEGIANCE: Boy Scout Troop No. 650 led the City Council and audience in the Pledge of Allegiance° -6 - Ci'Cy Council Mlnuces June 14, 1971 At the xequea¢ of Mayor Harvey, 'the City Manager ~eviewed the ~arious actions which had been taken by ~he City Csuncil during the a~ernoon seseion,~ PRESENTA~ION OF 60bI~UNITY SERVICE PLAQUE TO MiSS CYPRESS OF 19Z0 AND INTRODUCTION OF MISS CYPRESS 1971: Mayor Har~ey ~nncunCed [ha~'du~ ~to certain circumstances, Mise Linda Larkins,Mice Cypress of 1970, and Miss Dori~e Ficke, Mica Cypress of 1921, were not able to attend ~his ~e~Ing of ~he City~ Ccuncll~ COUNCILMAN LACAYO AND COUNCILMAN ROBERTS ARRIVED A1 ~:~0 P oM~, AND TOOK THEIR FLACES ON IHE PODIUMo PRESEN'ZA ZON OF ESOL ZON CO ND, Ti?N C_ UB At th, zeq~ez of ~yor Maz~ey, Mrs~ Lee CzeChs, ,~golng Fzealden~ of the Wc~n's Club oi Cypress, and Mrs, Pat Rich, In:~ng P~aal~n'c~ s~epped fcrward~ Mayor Harvey then read in full, ~sol~Icn No~ i1ZZ, ~omendlng th~ W~m~'s Club for ins outstanding cont~lbu'ctone ~ the ~9~un~y d~lng the pa~ year, PRESENrAIION OF RESOLUIION O~ COMMENDsimON TO rile CkPRES~ 3R. WOMEN'S CLUB: At the request of Mayer Haz~ey, Mrs~ J~dy Howard, President of the Cypress Women's Club, stepped fozwerd~ He then ~ead in ~ukl, Kesolution No, 1176, which <~5~ende ~he Jr~ Wo~n'a ~iub i~z %he ~an~ ~u~s~ldlng c~tbutiene and achie~{n=e ~de by that At rnia ci~, Major Ha~LFey ~ques'Led tha~L Mlss Racecos Robot're seep ~efwazd~ He nhen read In fuji, ~selu~iT;n No. 2~/5, which. desi~azes M~se Robot're as ~he oxfictal tepEesen'capsize ef the Ci~ Co~z~cil ~1 ~he Ci~'t of Cypre~s~ t~ extend gYeeuings ~ the citizens c~ Paris, ~ae&n~c= Ma~'~ Ha~e~ p~eeented Mice Roberrs with ~ne ~eoluriDn ~nd ~. 6o~'unizy Se~ce P~aqu~ which ~he will p~esen= Zo 'C~e appropriate Ci'cy clilcia~ In Paris, France where she will be vtai~iing while participating w~h a ah~zlc~i ~roup in ~: ~ip L~ Ed~pe ~his CONSIDERAIION O~ AWARD OF CqNIKACI EaR PUBLICATION OF LE~. ADVERrlSEMENTS: The Cit~ Manager presented a ~epc~ ~a~ed J~ne iO~ i9/1~ f~m ~he Pinante Director, which indlza<ed the cur~en'c lLn~acI: fo~ pub~!c~iGn ~.~. le~a~ ad~ertleemente with ~he New~-En~erpz!ee will expire June 30~ ~9,1, =nd ~nat bl~s were uceceived and openeu in '~ne ~.ffice oi the P~cha~tng O~ii.=I at, lOgO0 a~m~ cn May 21, 1971. sdb~ted the lowest bid, ~3 'Cn~ee .uf the ~yp~ess News En~z~iee, ~nd e:dviaed that the difiezence In .c 5st wo~ld appea~ ~: be clise~ by ~he qualit~ cf service ~d InLxeaaed cl~culatlcn, based ~n p~Id ~ip~ion~ which is o~fe~ed by the Cypress News Enterp~ise~ reapsnee ~o an inquiry from Councilman Rebecca, !I. ha 6icy Manager indicated ~hat: all newspapers sexTjlciag this area were in-~ired ts submit bids~ k was ratred by Councilman Kaa~de end seconded By Ccunclh~ea KEel ~o determine ~har the l::west ~d beet bid fo~ legal ad~zzlsemn~a f~r the 19~'i-72 fiscal year wa~ e~o~ted by the 6~press News Enterprise, snu z~ authorize the award of the .~en~act to the Cypress N~we ~e~'pzise~ rne ~ion was mani~ly carried by ~he following roll c~ll ~z{e: a~ ES; 5 'COUNCXLMEN .~ NOES: 0 COUNCZLMEN: ABSENT= 0 COUNCXLMEN: Kanel~ K~n~de, L~y&, Rc:berts and Harvey None None ORAL 60~qUNICAI'iONS Allan BantCK, President ~f the C)press Chambe~ ~f Centnor'ca, f~x~ly introduced Mrs. Daryle Ellwart, newly appointed Manager of the Cypres~ Chamber cf Commerce, the members cf the City Council and audlence~ RECESS: Mayor Harve~ declared a -recess a~ 7.~58 p~m< The mea~InS was called back to order at 8:01 p.m/i, with all Co~nlcilmen presen[~ - / - City Council Minutes june 14, ~971 CONtINUAnON OF ED'BL C ,H,F,.,AR. NG qq SID _nO CO Dn ONAL USZ P RM!TS AN~ C-252: The Mayor announced this was the, ti~ and place f~r the Public Hearings to c~nsider (1) Conditional Usa Permit C-246, which would ~ilcw the construction of an apartment complex on prcper~y generally located i10' west of Grindlay Street, north of Lincoln Aven~e, Cypress, initiated by Larwin M~i~ihoueing Corporation; and (2) Conditional Usa Permit C-252, wnlch wo~d allow a :ediction of the ~00~ setback for two and two and one-half s~ory buildings adjacent ~3 R-1 zof~es on portions of the property located c~n the no~h side of Lincoln E~enue~ 100' wee~ cf Grindlay Street, Cypress, initiated by La~in Multihcusin~ Co~pczat!on~ l~e Mayor announced that the Publi~ Hea~ings were ~pen, ann requested ~he Staff to preeen~ its reports. Ihe City Manner presented a reporc d~ed 3 ~n~ 9, ~9~1~ wni:h indicated the affidavit cf posting of the notice ci Continuscicn ~f ~ne P~blic Hearing is on file in the office o~ the City Clerk, and ns c~mmunicatione have been received regarding this matterll In response to am inquiry from Councilman R~/berts, che Deputy City A'C~o~ney advised that it ~s proper to act on a Conditional Use Pe=mim before the propert~ ha~ been appropriately zoned ae long as ~ ls stipalated that ~he Conditional Use Permit cannot be ~perativs ~til the pr~pez~y ie z~ed appropriatelyo Co~il~ Rcbez=s rhcn ~ta~ed ~na~ ne .cbjacned to =he p~eedin~ ae he felon ~he e~c~d ~eading of [he O~dinance changing ~he zone should co~ before rne ~cneiderati~n .f ~n~ Conditional Use Per~t~ It was moved by Councilman Robarts ann ~aco~ed b~ C~uncilm~n La~ayc ~o continue the Public He&~ng on Conditional Oee Permits C-2~6 and C-252 until s~2h tinY~ as the zone change be~o=~s effective In response ~o an inquiry fr0.m May.or Ma'zvey~ ~n~ D~!pu~y City Attorney indicated that the City Council must take a~ticn wigbin 40 d=}~ aftei~ the initial Public N~aring ~n chic m~ttar, c;r ex~end the lime perilS; however, ha ~cntin~ed, the appiicea~ may traa~ the extension as a denial &i the applXca~ionl In answe~ ~ a question ~rom Councilm&n Ka~d~, Ma~o: aaz~e~ s~ated ~hat the Cl~y Council did no~ take ~cFizn ca the ~eccnd ~ading ol Fhe Ordinance as it was the ieellng of ~ne Cit~ C.cI~r, ci~ ~hat all C~rLilmen ehoul(~ be preeent~ Co~cikn~ K~ode ~nen Indica~ed ~hat ha ned ~;~ed ~ha~ ~ne ~ec3nd reading it was Senled. He th~ e~eseed cmcen~ :~egazdlng tne Uela3 in considering [hess ite~ Upon the advice ~f the Deputy City Az~zney thac ~he motion should be made to a time certain, it was mzvsd b~ Colc~lcllman Robe~ts ~nd seconded by Councilman Laoayo to continue the Public Hea~ing on 6ondi~iona~ Oea Perils C-246 and C-252 =o a tim certain at ~he nexu ~egul~rly ~cneduled mee~ing of ~he City Council after the Ozdlnance ~hanging the z~ne ~ in effectl Comcllmam Robez:s stated ~na~ ha made this ~a~icula~ ~l~n as ne h~paa that with ~ime and fu~the~ exposure ro ~ne ~s~as, ~he ~Du'fse of ~c~i~n relative t~ the particular property invci~ed l~gh~ be ~hanga~i He f~lr~her indicated that the second ~eading o~ the Ordlnan~ ~!nenging the zone had bean ~ontinued as =he first reading had passed b~ ~ 3 ~ 2 v~te~ an~ that wlth a ~ember being absen~ who had vz~ed 2~ fa'~ o~ :he zone change, ne uid not feel that it would be app=opria~e ru .~nsld~r uhe ~at=e= at that Following discussion, the m~tlon failed to ca~r~ by ~ne zcllcwing rollcall vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Robe~ts Kanel~ Kan~de and Harvey None - 8- City Council Minutes June 14~ 1971 It was moved by Councilmen Kenel and seconded by Councilman Kenode to consider Item No., 46 on the agenda at 'this time, and to continue this Public Hearing to immediately after the consideration of that item. 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 SECOND READING OF ORDINANCE--ZONE .C~N.G~.ZT~.~~ It was moved by Cooncilm~m Kenode, seconded by Councilman Kanel and unanimou~ly carried to read the following Ordinance by title onlyo Title of the Ordinance is as follows: ORDINANCE N0~ 450 AN ORDINANCE OF THE CITY COUNCIL OF THE ClT~ OF CYPRESS AMENDING THE ZONING ORDINANCE NO~ 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM H-C (HIGHWAY-COMMERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL) AND KNOWN AS ZONE CHANGE Z-199~ It was moved by Councilmen Kanel and seconded by Councilman Kenode to adopt Ordinance No. 450~ Co-uncilman Labaye stated that he felt that the Lincoln Avenue study committee should be given an opportunity to study this property and to meke their recommendations prior' to adopting the Ordinance changing the zone~ He further indicated that the treatment of Lincoln A~snue is ~treseed in the Townscape Element, 'and felt that careful consideration should be given to its development o Councilman Lacayo further elated that he felt that there is a m/nimum amount of commercial property in [he City° At the request of Councilman Kenode, the Secretary ~o the Planning Co~nieeion presented a diagram of the subject proper~y, and reviewed what had transpired with the Planning Commission relative te this particular zone change° In answer to an inquiry from Councilman Kanel, ~he Secretary to ~he Planning Coxr~aission indicated that the property is currently ~wned by the Roman Catholic Archbishop of Los Angeles, and that the Larwin Company is listed as =he authorized a~ent~ Councilman Roberrs expressed concern that the City has been "spot zoning" by permitting R-3 developments nestled in among R-1 hemsee He stated that there are ether' areas within the City where the property is contiguous with R-3 developments and where it would be reasonable to encourage multiple development° He further stated that to take a litmired street access, and to encourage a hi~h- density multiple development, would not be in the best interests of the City~ Councilman Kanel then pointed to the subject property and the surrounding areas, explaining that the City hoe plans to construct ire Corporation tard to the northeast of the property in question. He indicated that the Townscape Element of the General Plan does not envision Highway-Coramercial all along Lincoln Avenue° At the request of Cotmcilman Kenode, the City Manager outlined the functions of the proposed Corporation Yard~ He indicated that there are not sufficient funds to develop the yard at the present time, and that it may take several years before its development, In answer to an inquiry from Councilman Kenode, the City Manager indicated that an R-3 development would return a substantial increase in revenue to the City over that of an undeveloped parcel of property, and that studies have indicated that R-3 developments return considerably more than Single-family. City Council Minutes June 14, 1971 Mayor Harvey indicated that it would be some tim before the Lincoln Avenue study committee could reach a decision relative to the development of that important arterial street, and stated that he did not feel that the properties along the frontage of Lincoln Avenue should be penalized for that reason. Mayor Harvey further stated that cormnercial activity has a tendency to crystalire around major intersections, and that the possibility cf any major activity in amid-block situation, he felt, is impractical, particularly when there is not access from the other side of the street because of a raised median° In response to an inquiry from Mayor Harvey, the City Manager indicated that an east-west road, which is proposed to permit access to and from Lincoln Avenue via Watson Street, would be on City property, and that the potential developmen~ of the property in question would depend 'upon an agreement between the developer and City, with the developer paying the costs for' constructing one-half the road° The Secretary to the Planning Commission advised that this particular matter is referred to under Condition No. 18, on the list of conditions which were recommended by the Planning Commission. The motion to adopt Ordinance No ~ 450 carried by the follcwing roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode and Harvey Lacayo and Roberrs None CONIINUATION OF PUBLIC HEARING .RE.!..qO~DERATIO~..q~ CONDI~ION~AL_USE PERMITS C-246 AND C-252 (Continued)): The Mayor announced that the Public Hearing was open and requested the Secretary to the Planning Con~nission to present his reports. The Secretary to the Planning Commission reviewed a report dated June 9, 1971, which indicated that Conditional Use Permit No. C-246 is for the approval of a 170 unit apartment complex, and that Conditional Use Permit No, C-252 is a request for a reduction of the i00' setback requirement for a two-story building adjacent to an R-I zone° The !~eport outlined the existing zoning of She properties surrounding the property in question, along with the existing land uses: The Secretary advised that at=ached to the Countills reports are copies of Resolutions No~ 525 and 526 of the Planning Commission lwhich contain the Commission's reasons for approving the ~wo ~equests! Discussion ensued with regard to the requirement of a 6' concrete wall, and in answer to a statement by Councilman Roberrs, ~he Deputy City Attorney advised that according to the provisions of the City Code, the developer would not be allowed to construct an 8' wall. He then read a portion of section 125.9 of the City Code pertaining to the City's fencing ~equirements. At the request of Councilman Kanel, the Secretary to =he Planning Commission displayed the rendering of the proposed development, In reply to an inquiry from Councilmen Roberrs, the Secretary to the Planning Commission indicated that the Planning Commission did not specifically prepare a line of si~ht drawing from the rear windows of the proposed development to the adjoining R-1 property; however, the Commission was aware of the problem which could exist, and ~elt that the mortar had been adequately handled by the type of screening which is required on the elevations of the north and west sides. It was then moved by Councilman Roberrs and seconded by Councilman Lacayo that an analysis be made regarding the line of sight from the proposed development to the adjacent R-1 property~ The Deputy City Attorney advised that if it was the intent of the motion to consider this matter pending the results of the analysis, the motion would be to continue the Public Hearing until such an analysis is made~ - 10 - City Council Minutes Jtme 14, 1971 In response to an inquiry from Councilman Kanel, the Deputy City Attorney indicated that a condition regarding the line of sight could be stipulated on the Conditional Use Permit. Com~cilman Roberrs then stated that he would withdraw his motion to allow testimony from the public~ He added, however, ~hat a difference of two feet in the height of the fence, from eight feet to six feet, would make a considerable difference with regard to the line of sight~ Councilman Lacayo then withdrew his second to th~ motion. Discussion ensued with regard to the setback requiremonte, and in response to an inquiry free Mayor Har~y, the Secretary to the Planning Con~nission indicated that under the current provisions, there would be 105 feet between the proposed two story multiple family development and the R-1 residences. He further indicated that it woad be conceivable that ander certain circumstances in anR-1 area that two single story or two two-story buildings could be at a distance of 20 feet apart. The Secretary then indicated that the Planning ConmLtssion spent a great deal of time in considering the relationship of the proposed development to the R-1 residences° Discussion was held regarding points of access to the development, and in answer to an inquiry from Councilman Lacayo, the Secretary to the Planning Commission indicated that the three points of access were needed for safety reasons ~ RECESS: Mayor Harvey declared a recess at 10:00 p~mo The meeting was called back to order at 10:12 p.mo, with all Councilmen preeent~ A~ this time, Mayor Harvey invited the applicant, M~ John Tapking, Director of Land Planning, representing the Larwin Multihousing Corporation, 9100 Wilshire Blvd o, Beverly Hills, California, to deliver his presentation. Mzo Tapking displayed a scale model of the proposed development, which showed its relationship to the surrounding properties° Mr,I Tapking indicated that shut,era, which obstruct the view completely, will ~cver the bedroom windows which are below six feet~ He added, that it was fe2t that a person could ~ly see in a direct line out cf the wlndcws which were above six feet ~ He stated that if the Council so desired, the Lazwin Company would have no ~bJections to e~ending the wall across Grindlay, with a break-away portion at Grindlay for emergency access. He indicated that relative to ~he six foot wall at the west side of the property, that Larwin submitted a design which would provide e six foot block wall with an additional two foot wooden lcuver on top, and that he would be willing to accept a condition reqcdring ~hat a variance be obtained in order to accommodate such a wall~ Mr. Tapking then stated that the Larwin Corporation did feel that as much could be accomplished with a five foot landscaped area as with a ten foot area which was required by the Planning Commission, and requested Council cDnsideration on this particular item° Mro Tapking indicated that there are more than 2 to 1 parking spaces per unit, and then indicated that the anits are a~l two and three bedroom, and start at 900 square feet for the two bedroom unite and 1100 square feet for the three bedroom units° In answer to an inquiry from Councilman Kanel regarding the property immediately to the east of the property in question, Mr~ Tapking stated that the Larwin Corporation is attempting to purchas~ that proper~y for the purpose of developing a restaurant. In reply to an inquiry from Councilman Lacayo regarding an error in a Staff Report dated May 18, 1971, which indicated that there were 38 one bedroom apartments, the Secretary to the Planning Comniseion indicated that when the matter was before the Commission, the Commission considered two bedroom units in terms of density° - 11 - City Council Minutes jun~ 14, 1971 At the request of Councilman Kanel, Mayor Harvey read in full, Resolutione No~ 525 and 526 of the Planning ComiCsion. In answer to an inquiry from Mayer Harvey, Mr~ Tapkxng stated that beth the first and second story windows of the units with zest elevations facing the R-1 residences and as well as those unite to the east ~ will be screened with vertical wooden louvers, which would make it impossible fez' an individual to look down into the R-1 homes. Thar. e being no additional testimony either in Iavor of o2 In .opposition to the granting of the Conditional Use Formica, it was moved by Councilman Roberue and seconded by Councilman Kanei to close the Publt~ Hearing at this ~ime~ The motion was unanimously carried by the fcl2owing '~ell call v~te: AYES: NOES: ABSENT: 5 COUNCILMEN 0 COUNCILMEN 0 COUNCILMEN Kanel, Kenode, Leoaye, Roberrs and Harvey Ngne None it was moved by Councilman Roberue that a condition be added whioh would require the 100 foot setback from the adjacent R-i properrye Tee Deputy City Attorney advised that a motion for approval of Conditional Use Permit No. C-246 would first be required, ~ld that conditions or amendments to the conditions could be voted on one at a time. Councilram% Lacayo rhea suggested that the City Council consider Conditional Use Permit Now C-252 prior to ac~ing ya Conditional Use Permit No~. C-246, to which the Deputy City Attorney advised that sh.~uld Conditional Use Permit No~ C-252 be appreved, it should be stipulated that it would be operative only in the event that Conditional Use Permit N~, C-246 is approved,I It was moved by Councilman Labaye and seconded b~ Coancllman RoberUe to deny Conditional Use Permit Nee 252~. The motion failed te cai:ry by the following roll call ~ute: AYES= NOES: ABSENT: Z CO~N CILMEN 3 COUNCILMEN 0 COUNCILMEN Lacay0 and RDbez~s Kanel, Kenode end Harvey None It was moved by Councilman Kanel and seconded by Councilman Kenode co approve Conditional Use Permit Now C-246, sdOja~t to the ~ooditions as outlined in Planning Commission Resolution N~o 5Z5, wi~h an additional condition stating that the interior traffic circulation and ru~ning radius relative to emezgency vehicles shall be subject to review by the City Staffo Councilman Roberrs then indicated that he had several amndments relative to the Conditional Use Permit. It was moved by Cocmcilman Roberrs and seconded by Mayor Harvey that Condition Nee 27 be amended to read as follows= "The applicant shall obtain a Variance from the 6 foot wall limitation in order ~o allow for the construction of a 6 foot block wall fence with an additional l feet cf wooden screen to be con- strutted on all three sides of the proposed developmenuJ' The m~rion was 'unanimously carTied by the following roll caXl ~ete: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberos and Harvey None None It wad then moved by Councilman Roberue and seconded by Councilman Lacayo to amend the list of conditions re include a condition requiring two parking spaces per two bedroom unit; 2~ spaces per three bedroom unit~ end 1 guest parking space per every 10 apartments° Following considerable discussion concerning the fact that this would bring the total of parking spaces to 27 over the amount required under the City's Urgency Ordinance, the motion failed to carry by the following roll call veto: - 1Z - Cizy Co~mcii Minutes J~me 14, 1971 AYES .~ 2 COUNCILMEN NOES .~ 3 COI~CILMEN ABSENT: 0 COII~CILMEN Lacayo and Roberrs Kanel, Kanede and Ha~ey None Co%mctlman Roberrs then moved to establish the square foetags of the two bedroom apartments at a minimum of 850 square feet, and the three bedroom unite at a minimum of 1,000 square feet~ Mayor Harvey indicated that the applicant had stated, in his testimony, that the ~wo bedroom mite would contain 900 square feet and the three bedroom units 1,100 square feet° In response to an inquiry f~om Councilman l~bertsw Zhe Deputy City Attorney indicated that drawings were submitted by the applicant as part of the Conditional Use Permit at the Public Hearing of the Planning Commission o He stated that this iS part of the application, and that the applicant will be bound by the figures submitted~ Councilman Roberrs then withdrew his Councilmam Roberrs stated that the reason for his amendments to the Conditional Use Permit is to assure that it will meet the standards which the City is planning to establish~ He further stated that he was dis appointed that the decision was to zone the pr~pert~ R-3; however, with the conditions which have been stipulated, he would support ~he motion to approve Conditional Use Permit C-246i. The conditions of approval are as fellows: i ,' Compilemrs wi%h all applicable c~nditlons ot one Cypress City Code~ 2. That the development be constructed in at~Izt accDrdance with the of~icially approved plans, 3~ Ihat a landscaping pl~n prepazed by a x~istered landscape architect be submitted to the Planning Commission for approval~ 4~ That a perm~ment automatic water spzinklimg system be installed~ 5 o That all open parking spaces be stzlpeG with "donble lines. That bumper stops be p~ovided in all parking space~ opened or covered which abut a wall ~ 7o Construction of the building be in accoroance with ~HA soundproofing standards~ That the site plan be modified sc as to provide continuous circulation around the entire development. (To be worked out with the Secretary of the Planning Commission~) That the building not be occupied or a certiiicate of occupancy granted until all conditions of approval have been met° (Secretary of the Planning Con~ission shall certify as to compliance with these conditions°) That the applicant obtain a Conditional Use Permit for xeduction of the 100' setback for two story buildings an that portion of the property abutting zoning° ll~ Drainags fees shall be paid in accordance with the Master Plan of Drainags~ - 13 - City Council Minutes Jume 14, 1971 4 o 20. 22° 230 25. 26. 27~ 29. 30. 31o 32. Drainage shall be solved to the satisfaction of ~he City Engineer~ DraineSe easements shall be obtained and dedicated to the City as required, City to condemn if necessary. Developer Will construct and participate in cost incurred in acquisition of right-of-way and construction costs of storm drain based on the tributary area~ Developer will construct sanitary sewer and provide an easement through the apartment development to provide sewer service to the maintenance yard and construct a manhole at the intersection of the maintenance yard street and the property line for sewer service for properties to the east. Lincoln Avenue shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways~ A State permit is necessary. Access to the apartment development would be from Lincoln Avenue on the south and the secondary access would be from the end of the maintenance yard street subject to approval by the City Staff. Developer shall construct the maintenance yard street, to be designed to a T.I. of 6, to be reimbursed for one-half the cost by the City. Vehicular access would be prohibited to the development from the residential tract at Alaska Street and Grindlay Street,~ There shall be a modified cul-de-sac constructed at the end of Grindlay Street at the north end of the project in accordance with fire department requirements. Cash bondshall be posted ~or future street lights on Lincoln Avenue and a 1%" P~C conduit installed. Advance street light energy charSee shall be paidl, Street trees (15 gel.) shall be installed along Lincoln Avenun in conformante to the street tree policy of the Public Works Department~ The type of trees shall be as required under the Townscape and Urban Design Element of the General Plan~ Plan check and inspection fees in the amoun~ of 3~% of the street in~rovemen~8 shall be paido All secondary and primary utility services shall be underground. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards o Applicant shall obtain a Variance from the 6 ft~ wall limitation in order to allow for the construction of a 6 ft. block wall fence with an additional 2 ft. of wooden screen to be constructed on all three sides of the proposed development ~ Fifteen parking spaces shall be identified for guest parking. There shall be a 10 ft. landscape buffer strip along the west and north property liueso Tree pockets shall be provided adJacent to the building (east and west side of davelopment) o StoraSe lockers shall be provided in each car. pozt,, All roof equipment shall be architecturally screened. - 14 - City Council Minutes june 14, 19Z1 The interior traffic circulation end turning radius relative to emergency vehicles shall be subject to review by the Ciry Staff. The motion was carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Kanel. Kenode, Robotic end Harvey Lacayo None It was moved by Conditional Use roll call vote: Councilman Kenel end seconded by Councilman Kenode to approve Permit No. C-252o The motion was carried by the foliowing AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Kenel, Kenode and Harvey Lacayo and Robezra None It was moved by COuncilma~ Lacayo. seconded by Councilman Kanel and unenimously carried to consider Item No u 16 on the agenda at this time° CO NSIDERAIION OF COIMJNICATION EXPRESSING. C. ON. CE.R~. 0~ E. XCESS,~V.E_ NOISE CREATED BY BARKING DOGS: The City Manager reviewed that portion of a report dated June 10, 1971, containing the items listed under the consent calendar, pertaining to Item No o 16o The report indicated that the City has received a communication from Mrs. Larry Autry, 4282 Marion Avenue. Cypress, expressing concern over the noise created by barking dogs, and 'requesting that the City Council adopt legislation controlling this mettar~ The report ~dvised =hat normally. complaints of this nature are registered with the Police department. who in rum, contact the owners of the dogs, end then notify the Coumt~ Pc. und officials to conduct a further investigation to insure that the ~wn~s comply in abering the nuisance° Mrs, Larry Autry then ~ddteseed the City Council with ~ega~d ~o the problem of barking dogs in her neighborhood. and ~equested that ~he City Council adopt a~ Ordinance which would control ~his ~ype of situation~ In response to an inquiry from Mayo~ Haz~ey. the Clty Manager indicated that ma~y of zhe cities in Orange County have enacted the CounI~ Pcund Ordinence. since they age the enforcing agency fez animal control~ He znen suggested that this matter be handled through the existing regulations, and that perhaps between the Police Department and the County Pounu, ~he matter could be resolved. The Police Chief indicated that the Pollce Department would visit ~he area end try to obtain the cooperation 3f the neignbo~s ~elative co this matter At the suggestion of Councilmam Kanel. it was the general opinion of the City Council that a coxmnunication be sent to Mrs,. Autry~s neighbors concerning the problem which has been presented and ~equesting their cooperation; end to forward information ~egarding the County Po~und Depaxcmenz Ordinunce at such time as the Ordinance is adopted, to Mrs. Aut~y and any concerned citizens. RECESS: Mayor Harvey declared a ~ecess at 11:55 p~mo ITm meeting was called back to o~der at 12;03 a,mo, with all Councilmen present, CONTINUATION OF PUBLIC HEARING RE: CONSIDERATION OF CONDITIONAL USE PERMIT~Oo C-251: The Mayor anncunced this was the time and place for the cuntinuntion of the Public Hearing to consider an application for a Conditional Use Permit which would allow the construction of a 130 unit apartment complex on property generally located on the east side of Bloomfield, approximately 500~ south of the centerline of Lincoln Avenue. Cypress, initiated by Creative Environment, Inc~ - 15 - City Council Minutes J~e 14, 1971 The Mayor announced the Public Hearing was open and requested the Staff to present its reports. The City ManagEr presented a report dated June 9, 1971 which indicated that the affidavit of posting of the Notice of Continuation of the Public Hearing on this matter is on file in the Office of the City Clerk~ He than advised that a communication dated june 7, 1971, signed by property owners living adjacent to the proposed development, had been received. The City ManagEr then read into the record, the communication, which expressed the opposition of the property owners to the height of the proposed development, and urgEd that the buildings be limited to standard one and two story units~ The Secretary to the Planning Commission then presented a report dated June 9, 1971, which described the subject property and the surrounding properties, and indicated that the proposed development does conform to the Land Use and Housing Elements of the General Plan~ The Secretary then displayed a diagram of the subject property, following which, he read in full, Resolution No~ 527 of the Planning Covmn~ salon, which outlined the Commission 'e reasons for recommending approval of the Conditional Use Permit, along with conditions which the Comission felt should be stipulated upon its approval ~ In answer to an inquiry from Councilman Roberrs, the Secretary to the Planning Cox~nission indicated that the applicant had applied for a variance in the setback requirements, which is fifteen feet in the R-4 zone, because he had found that it was necessary to encroach the corners of the buildings approximately five feet into portions of the fifteen foot setback which is required, In answer to an inquiry from Mayor Harvey, the Secretary to the Planning Commission indicated that nine homes abut the proposed devalopmeht along the east property lineo Upon the invitation of Mayor Harvey, the applicant, Mr~ O~ W. Norris, representing Creative Environment, Inc~, addressed the City Council outlining the various conditions which had been imposed by the Planning Colmm~ssion which he felt were conflicting° Mro Norris indicated that 12 parking spaces, in addition to those required by the City Code, are proposed; however, that if it ie stipulated that the landmark trees must be preserved, the additional parking spaces will be lost~ The applicant indicated that it would be impossible to construct carports on top of a 10' gas line which runs in an east-west direction along the southern boundary lineo He then submitted two alternatives to the original plans which were submitted, for consideration by the City Council~ The view from the windows of the proposed complex was discussed, whereas the applicant indicated that because of the proposed height of the windows, there would not be · problem of invasion of privacy to the R-1 residences. He stated that the two buildings in the center of the proposed development facing the trailer park will not have any windows whatsoever on that portion facing the park~ In response to an inquiry from Councilman Robe~ts, Mr. John Waters, 220 Ponderosa, Santa Ana, architect for the development, stated that by increasing the size of any of the dwelling units, the land coveragE will be increased; therefore decreasing the separations between the 5uildings~ When asked by the Mayor if anyone in the audience wished to speak in opposition to the request for the Conditional Use Permit, Mr~ Robert Head, 4027 Cheshire Drive, stated that he was representing the residents of Hampton Court. Mr. Head stated that the residents desired that a totally enclosed parking area be constructed at the development along the south border. He also indicated that the residents would appreciate the removal of the landmark trees, and further that they wished the eight foot wall to extend across the property lineo - 16 - City Council Minutes June 14, 1971 Mr. Gone Schroeder, 9080 Bloomfield Street, Cypress, representing the Lincoln Center Mobile Home Park, addressed the City Council requesting that an 8' block wall he placed between the proposed development and the mobile home park. Mr. Arnold Lowenberg, 4028 Cheshire Drive, addressed the Comcil stating that he felt that the landmark trees should be retained, and that the carports should be covered. In response to an inquiry from Mrs. Joan Delperdang, 4127 Cheshire Drive, the City Manage~ read in full, a communication addressed to the City from Mrs° Delperdang requesting that the City Council adopt the 30 conditions which had been imposed by the Planning Commission, In reply to an inquiry from Mr, John Lawrence, 4107 Cheshire Drive, the applicant indicated that the rent schedule would be approximately $145 - 8150 for a one bedroom unit; $175 - $185 for a two bedroom unit; and $210 - $220 per three bedroom unit~ In answer to an inquiry from Mr. Schroeder, who addressed the City Council earlier, the applicant stated that there will be architectural treatment to the rear elevations along the east side of the project, particularly around the window area. He further stated that his proposed development substantially exceeds the 100' setback requirement from the adjacent R-1 property° Mr. Dean Rawley, 4057 Cheshire Drive, expressed c~ncern that the windows of the proposed development will be directly in the line of sight to the bedrooms of five out of the nine homes abutting the development~ Mr, Rawley stated that he felt the landmark trees should be retained; chat the existing fence should remain at six feet; and that the carports should be enclosed. Mr. Lowenberg again addressed the Council indicating that he felt the three foot fence which is proposed along Bloomfield Avenue could be replaced by shrubbery° Mr~ Norris stated that if there is a way to work around the landmark trees, they will be saved~ Mr. Rawley then suggested that the applicant supply the Council with an architects rendering cf the proposed development~ The City Manager then indicated that he had been advised by the Building Superin- tendent that the Building Code and the State Housing Code will not allow a bedroom window above four feet from the floor, and therefore felt that perhaps the plans should be reevaluated by the Staff~ It was moved by Councilman Kanel and seconded by Councilman Kenode to continue the Public Hearing on this matter to the adjourned regular meeting of the City Council of June 21, 1971o Mayor Harvey suggested that the applicant provide a rendering at the June 21 meeting of the City Council, and perhaps an illustration depicting the relation- ship of the eastern portion of the development with the mobile home park. Councilman Roberrs suggested that the applicant consider covered carports along the south side of the development, and the installation of an eight foot wall next to the mobile home park° He further suggested that the driveway not be constructed in a straight line, thus eliminating the temptation of motorists to race their vehicles in the area~ The motion to continue the Public Hearing on this matter was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs and Harvey None None - 17 - City Council Minutes June 14, 1971 CONTINUATION OF pU~.L. IC .HEARING RE: ~ONSI~E~P~%ION ~0F_ COND~ITION_A~_ USE PETIT NO~ C-254: ~e ~yor ~no~ced this was the t~ ~d place for the Public ~earing' ~ c~sider an application for a ~nditi~al Use Petit which allow the constructi~ of a 72 ~it apart~nt co~lex ~ property generally located ~ the east side of Blec~ield Street, 500' north o~ Ball Ro~, initiated by Se~ra-G~tafson. The Mayor announced that the Public Hearing was open. It was m~ved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to continue the Public Hearing on Conditional Usa Permit No. C-254 tD the adjourned regular meeting of the City Council of June 21, 19710 PUBLIC HEARING RE: APPEAL OF PLANNING COMMISSION DEN_I_AL--ZONE _C_HANGE ~NO ~ Z-200: The Mayor announced this was the time and place for the Public Hearing to consider an appeal o~f the Planning Coumaission denial of an application for an amendment to the Zoning Ordinance No ~ 90 to change the zone of a certain parcel of land from C-2 (General-Commercial) to R-3 (Multiple-Family Residential) on property generally located on the west side of Holder Street, north of Ball Road, Cypress, submitted by Frank ~I Hansman and James J~ F~chik, The Mayor declared the P~blic Hearing cpen~ It was moved by Councilman Kanel and seconded by Councilman Roberrs to continue the Public Hearing on this matter to the adjourned regular meeting of the City Council of June 21, 1971. It was moved by Councilman Robarts, seccJnded b~ Councilman Kenode and unanimously carried to consider Items No o 32, 33~ 37 and 44 on the agenda at this time° CONS~DERATION OF TENTATIVE TRACT MAP #6719 - AGREEMENT FOR EXTENSION OF TIME: The City Manager presented a report dated jun'e'iy'~'?~Public Works Director, which indicated that at its r~.guiar meeting of Decembe~ 14, i970, the City Council appro~ad e one year extension ~ ~time for reco~dation cf Final Tract Map on Tentative Tract Map ~6719 subject rc~ ~.he o'~iginal conditions on the Tentative Tract Map and certain additional cDnditions which have been incorporated into an Agreement which has been appzcved by the City Attcrney~ The report referred to Item #6 of the agreement which pro.~ldes for an extension of time for the dedicazion of the parksize, and Condi~cicn {;3 on ~he approval of extension of time for Tentative Tract Map ~6719, which scares, ~La~win Company shall be caused to construc~ a screening fence cc separate the Naval Air Station parking lot from the rear yards of lots in Tract #67/5 and ~6776, subject to approval by the Staffln The report advised that this condition has been included in the proposed agreement for Extension o~ lime ~n Tentative Tract #6719, and LeTwin has submitted a surety bond tc guarantee pe~f.~zmance of the condition° In response to an inqtury from Mayor Harvey, the City Manager indicated that the Larwin Company has agreed to pay one-half of the cost of installing a block wall fence, with the residents contributing the ether half, should they determine that a block wall is ~nat ~hey desire° The City Manager then read that portion of the Minutes of the December 14, 1970 meeting of the City Council which pertained to the fencing° In answer to an inquiry from Councilman Roberrs, the Cizy Manager indicated that the City Council had previously authorized the drafting oi the agzeement, subJ act to form by the City Attorney; however, the City Council did not approve the actual agreement at that time° It was moved by Councilman Fanode and seconded by Councilman Kanel to approve the agreement between the City of Cypress and Labwin Southern California, Inc~, for a one year extension of time for recording the Final Tract Map on Tentative Tract #6719 subject to approval by the City Attorney and to authorize the Mayor to sign the agreement, and the City Clerk to attest to his signatureo The motion was unanimously carried by the following roll call vote~ - 18 - City Council Minutes June 14, 1971 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABS~qT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Kanode and seconded by Councilman Kanel to accept the bond to guarantee construction of screening wall or block wall described in the agreement ~ 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 APPROVAL OF FINAL TRACT MAP #~719: The City Manager presented a report dated June 3, 1971 from the Public Works Director which indicated that Tract #6719 is the final m~ir of Tentative Tract Map #6719 which was originally approved by the City Council on October 2, 1968, andsubsequently extended by the City Council to December 14, 1970 ~ The report advised that the final map agrees substantially with the Tentative Map and has been fcu~ld to be technically correct by the Engineering Division° It was moved by Councilman Kenode and seconded by Councilmam Kanel to approve Final Tract Map #6719, accept the bonds and agreetents for public irmprovements in the amount of $144,214o00 which is not less than 50% nor more than 100% of the total cost of public improvements; authorize the Mayor and the City Clerk to sign the agreements; and authorize the City Clerk co sign the record map upon con~pletion of the following conditions: 1. Approval of bonds and agree~dnts by the City Attorney. 2. Developer to submit a deed for Lot #109 of Tract #6776 to the City of Cypress prior to sigGing Final Tract Map. 3~ Developer shall pay Optional design fees p~icr t~ signing Final Tract Map. 4~ Acceptance by the developer to the above c!~nditions. Mrl. Do Anderson, representing the Lazwin Company, 9100 Wilshize Blvd~, Beverly Hills, California, addressed the City Council requesting a cla=ificaticn regarding Lot #109, following which he steted that it was acceptable~ The motion was unanimously carried by the following roll call vote: AYES~ NOES: ABSENT: 5 COUNCILMEN. 0 COUNCILMEN 0 COUNCILMEN Kanei, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPROVAL OF TENTATIVE TRACT M~. #.Z~23, LOCATED ON THE WEST SIDE OF GRINDLAY STREETs. NORTH OF ORANGE AVENUE: The City Manager indicated that the Planning Co~mtissi0n recomanded approval of Tentative Tract Map #7123, which is located on the west side of Grindlay Street, approximately 533 feet north of the centerline of Orange Avenue, submitted by the J~ W~ Klug Development Company, Newport Beach, California. The Secretary to the Planning Conmission then re'viewed a report dated May 19, 1971, which indicated that the tract consists of 4.1 acres, and is in an R-1 zone, with the Civic Canter Overlay~ The report indicated that the Planning Commission voted to recomnend approval to the City Council at its meeting of May 6~ 1971, and outlined the 31 conditions which were stipulated by the Planning Comm~ssion~ At the request of Councilman Kanel, the Secretary tc the Planning Commission pointed to the subject location on the aerial map~ - 19 - City Council Minutes June 14, 1971 In answer to 8a inquiry from Comcilmm~ Kanel, the City Manager indicated that the number of school children who have been crossing the street at Grindlay Avenue will be reduced due to a change in the attendance area,, In answer to an inquiry from Councilman Robarts, the Deputy City Attorney read that portion of the City Code pertaining to the reduction of lot sizes under the Optional Design standards° He stated that deviations can be allowed in lot size; however, n~t more than a 15~ increase in density is permitted~ The Secretary to the Planning tennisglen indicated that the applicant had applied for 24 lots in the ori~inal design; however, the Planning Comnission imposed a condition which would allow not m~re than 22 lots. Mr. Landon Exley, pacesetter Ho~s Corporation, representing the J, We Klug Company, stated that the particular land in question is a very difficult parcel to improve and that the development costs will be hi~ho Mr~ Exley stated that he wished to appeal Condition Nee 26, which reduced the total lots to no more than twenty two o In response to an inquiry from Councilman Lacayo, Mr,. Exiey indicated that the home will ran~ from 1,225 to 2,104 square feet~ He stated that it is identical to the subdivision which the City Council approved under the optional design standard on Moody Street, and called "Ranchwoodo" Following discussion relative to the number of lots which had been approved by the Planning Commission, it was moved by Councilman Roberrs and seconded by Councilman Kanel to approve Tentative Tract Map ~7123 subject to the conditions imposed by the Planning Commission~ Mayor Harvey indicated that ha would be voting in opposition to the motion as he is in opposition to Condition No~ 26, reducing she lots from 24 to 22 ~ The conditions of approval are as follows: 1. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 2o Drainage shall be solved to the satisfaction of the City Enginaer~ 3. Drainage easements shall be obtained and dedicated to the City as required. 4~ Street lights shall be installed per City standazdso Advance street light enerKy charges shall be paid,. 6. Street trees {15 gal~) shall be provided in accordance with the street tree policy° 7o Four (4') foot tree wells shall be required on all streets having walks adjacent to the curbs, per City etandards~ 8o The landscape of the parkway on Grindlay Street shall be of unique design approved by the City Staff as per the Townscape Element° 9° Sidewalks adjacent to curbs shall be 5°5 feet in width, with five (5') foot parkway and public utility easemente~ 10. Minimum street grades shall be 0.20%~ llo All lots shall drain to the front with a minimum of 1% grade° 12. Cul-de-sacs shall have forty-three and one-half (43o50') foot radius. - 20 - City Council Minutes June 14, 1971 13. Pedestrian and vehicular access rights shall be dedicated to the City of Cypress for those lots abutting G[indlay. 14o An ornamental slump stone block wall shall be constructed along the lots abutting Grindlay Street--subject to the approval of the Secretary of the Planning Comission~ ~ 15. Blue Border to extend to cente.rline of Grindlay Street. All fifty-one (51') foot and sixty (60') foot streets shall have forty (40~) feet of paving curb to curb~ 17. Location of all street furniture shall be approved by the City Engineer. 18. Interior street structural sections to be based on recommendation and soils report by soils engineering firm acceptable to the City Engineer with street structural sections !to be determined by using ToIo of 4,0 on cul-de-sac street and ToI. of 6~7 for Grindlay Street° 19. All secondary and primary utility services shall be underground. 20. Developer to pay optional design fee in the amount of 6% of total value of land~ The use of these funds to be for development within this quarter section. 21. Plan check and inspection fees amounting to 3~% of the street improve- ments shall be paid. 22. All existing wells to be capped as per City requirements° 23. Demolition permits shall be required on all applicab.le buildings° 24. All septic tanks and cesspools to be ~ocated and removed or filled° Also any existing house sewer connections to be capped° Retaining walls shall be required an perimeter property lines if there is greater than a 12 inch difference in the subject property and adjoining property. 26° Subdivision shall be revised to include not mor'e than 22 lotso A walkway easement be provided between iota at ~che end of the cul-<Ie- sacs at the westerly end of ~he property~ 28. O~e 10 ft. side yard shall be required on all lotso A 6 foot cinder block wall shall be constructed aro%md the entire tract except for Grindlay of a design, height, and color to meet with the approval of the Secretary of the Planning Commission. 30. The Planning Commission shall approve the location of the houses on the tract map. 31~ Not less than 10 of the large models (944 and 104) shall be constructed on the tract o The motion to approve Tentative Tract Map #7123, subject to the above conditions, carried by the following roll call vote: AYES: 4 COUNCILMEN: Kanel, Kenode, Lacayo and Roberrs NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None - 21 - City Council Minutes june 14, 1971 CONSIDERETION OF REQUEST TO EST4B~ISH_ :A :BQSIt!ON ;OF LA~S!~STAN_T ;CITY MANAGER: The City Manager presented a report dated Jme 10, 1971, which indicated that during the past several months, the City Manager has undertaken an analysis of a possible reorgamization of the functions of municipal goveznmsnt in Cypress. The report further indicated that based on the preliminary analysis of the City's organizational structure and on the increased workload in the City Manager's office during the past year, an i~mnediate need has developed to implement a change in the Administrative Division. The report advised that the need to take imanediate action has also been prompted by the resignation of the Administrative ~ssistant, Gone Poetthor, which will .be effective July 30, 1971~ The report stated that in lieu of the pending reorganizational plan, it would appear appropriate to implement one phase of the organizational proposal at this time by creating a position of Assistant City ManeBar, rather than to fill the vacancy created in the/~tminietrative Assis=ant position. The report further outlined the objectives of the position and stated that if authorized by the City Council, the position and salary will be included as a part of the final 1971-72 budget doctunent. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve the establishment of the position of Assistant City Manager at an annual salary rate of $23,000.00. The motion was unanimously carried by the fcllowing roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, La~ayo, Roberrs and Harvey None None It was moved by Councilman Kenode, seconded by Councilman Kanel and unanimously carried to consider Item No. 40 on the agenda at this time. ~ONS!DERAT!ON OF AUTHORIZATION TO INITIATE ANNEXATION N0.71-2 UNDER THE UNINHABITED ANNEXATIUN ACT OF 1939: A~ indicated in a report dated June 10, 1971, the Lo~a'l' ~gen~ 'Forma'~ion CommiSsion at its meeting of June 9, 1971, approved uninhabited Annexation No~ 71-2o The report indicated that ~he proposed annexation area consists of 8.03 acres and is generally located north of Lincoln Avenue, south of DeLong Street, in the vicinity of Watson Street. The report advised that the approval by the Local Agency Formation Commission allows the City Council to initiate proceedings to annex this territory by adopting a P~solution initiating the annexation proceedings and calling for a Public Hearing, which must be heard not less than 40 nor more than 60 days after passage of the Resolution° It was moved by Councilman Kenode and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NOo 1181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SUCH CITY CERTAIN UNINHABITED TERPaTORY DESCRIBED THEREIN AND DESIGNATED AS "ANNEXATION NO. 71-2" SETTING FORTH ITS ~EASONS FOR DESIRING ANNEXATION AND GIVING NOTICE OF TRE TIME AND PLACE SUCH CITY COUNCIL WILL REAR WRITTEN PROTESTS AGAINST' SUCH ANNEXATION~ The motion was unanimously carried by the following r.oll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None - 22 - City Council Minutes Jme 14, 1971 ADJOLrRNMENT: It was mo~ed by Coumcilmam Kenode, seconded by Coumcilman Roberrs and ~nanimously carried to adJoum at 2:10 a.m~ to Monday, June 21, 1971 at 4:00 p~mo ATTEST: MAYOR OF THE 'CITY OF ~SS CITY CLERK' O~ THE CITY O~ CYPRESS - 23 -