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HomeMy WebLinkAboutMinutes 71-07-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY C01~qCIL HELD July ll, 1971 The regular meeting of the Cypress City Council was called to order at 4:05 p.mo, on Monday, July 12, 1971, in the City Council ChAndlers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Lacayo and Harvey ABSENT: Councilmen Kenode and Roberts Also present were City Manager/City Clerk Dartell Essex, City Attorney James E~ Erickson, and the following members of the City Staff: .Dalton, Dunlap, Hernandez, Schatzeder, Grissom, Bryant and Nudsono It was the general opinion of the City Council to defer consideration of the Minutes tmtil such time as all Councilmen are presen~o ..S. TAFF_REPQRT8 .AND DISCUSSIONS: The City Manager stated that the City has received a copy of a communication dated June 28, 1971, from the City of Costs Mesa° The City Manager indica~ed that the conmunication, addressed to Supervisor Battin of the Orange County Board of Supervisors, expresses that City's opposition to the proposed simplification of the tax statement, which would eliminate separate listings of tax entities which is mailed to the taxpayer~ The City Manager advised that the City of Costa Mesa has requested that the City of Cypress take a position in regard to this matter° Mayor Harvey then indicated that he had received a similar cot~nunication from the City of Tustin. It was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to place the consideration of this matter on the agenda as Item No. ZO a, At the request of the City Manager, it was moved hy Gouncilman Kanel, seconded by Councilman Lacayo and unanimously carried to place on the agenda for the City Council Meeting of July 26, 1971, an item regarding m~ Industrial Committee. The City Manager advised that the City has received a communication from the Local Agency Formation Co-~ssion requesting that the City of Cypress withdraw its application to detach territory in the City of Cypress from the Magnolia Memorial Park Cemetery District, which was scheduled for public hearing before the Commission on May 12, 1971, pending further study° It was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to place this matter on the agenda as Item No. 20 b. At the request of the City Manager, it was moved by Councilman Lacayo, seconded by Councilhum Kanel and unanimously carried to place on the agenda as Item No. 20 c., an Executive Session to discuss the statue of the Dairy litigation in the City of Cypress. COUNCILMAN ROBERTS ARRIVED AT 4:12 P .Mo, AND TOOK HIS PLACE AT THE PODIUM. At this time, an informal meeting between the Cypress City Council and the Cypress Teen Center representatives was held for the purpose of discussing various problems which the teensgets have encountered in the operation of the Teen Center~ City Comncil Minutes July 12, 1971 COUNCILMAN KANODE ARRIVED AT 4:16 P.M. Among the matters which were discussed, were the relationship between the Teen Center and the surrounding residents and the relationship with the Cypress Police Department. It was the general consensus of the City Council that a presentation by the teen club, informing nearby residents and interested citizens of the club's activities, would be beneficial, It was further suSgested that an article could be placed in the City's newsletter publicizing the presentation, which will be artended by the City Councilmen. In response to an inquiry from Councilman Kanel, the president of the Teen Board indicated that scheduled events in which members of the Teen Center and the Police Department participate, have been organized and have proven to be very successful thus far, Following the discussion, it was the decision of the City Council to proceed with certain items on the agenda, MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to approve the Minutes of June 14, 1971, as presented, It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to consider the items contained on the Consent Calendar, along with Items No. 13, 16, 17 and 19 on the agenda, at this time. It was moved by Councilmm~ Lacayo, seconded by Councilman Kanel and unanimously carried to approve Items No, 2 through 6 on the Consent Calendar, Item No. 2: Consideration of notice of Public Hearing regarding the rate increase hearing for Southern California Water Company. Recommendation: Receive and file. Item No. 3: Consideration of communication from the State Division of Highways regarding chan~es to the State Freeway and Expressway System. Recommend~ation: Receive and fileo Item Noo 4: Consideration of LAFC policy on spheres of influence. Recommendation: Receive and file. I~em No~ 5: Consideration of nomination for the 1971 'keep America Beautiful" award. Recon~nendat.ion: That the City Council authorize the submittal of a nomination of the Woman's Club of Cypress for the 1971 '~,eep America Beautiful" awards program for litter prevention achievements. Item No~ 6: Consideration of communication of a ~asolution from the City of Half Moon Bay supporting SB 1354, dealing with coastal planning. Recormmeqdat~on: Receive and file. CONTINUATION OF CONSIDERATION OF TENTATIVE 7.RANT MAP 6Z1~ SEWAGE PUMP STATION REIMBURSEMENT'AdREEMENT: The City Manager indicated that since details of the proposed agreement have not been finalized, it is recommended that this matter be continued. It was moved by Councilman Lacayo, seconded by Cooncilman Kanel and unanimously carried to continue the consideration of this matter to the City Council meeting scheduled to be held on 3uly 26, 1971. -2 - City Council Minutes July 1Z, 1971 CONS!D.E.RA~.ION OF WEED ABATEMENT _AP?ROVA~__ qF LSP. E.C.!F.~C. ATIONS AND AUTHORIZATION TO ADVEP~.I. SE. FOR _BIDS: The City Manager presented a report dated July 6, 1971, from the Public Works Director, which indicated that in order to accomplish the removal of weeds on certain properties, which, after notification, the owner has failed to clear on his property, and further to accomplish the work of the next weed abatement program in the Spring of 1972, the City Council is requested to approve specifications for the entire program at this time. The report advised that when bids are received, the City Council will be asked for permission to proceed with the abatement of recurring weeds. It further indicated that in the Spring, the City Council will be requested to approve a new Resolution declaring public nuisances and that the portion of the contract for that phase of the program will be used. It was moved by Councilmen Kanel and seconded by Councilman Roberrs to approve the specifications for the fiscal year 1971-72 weed abatement program and to authorize the City Clerk to advertise for bids to be received on August 4, 1971 at 10:00 a,m. 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 REPORT ON STATUS OF p~...AFNING COMMISSION MIN.DTES: The City Manager presented a report dated July 7, 1971, which indicated that its regular meeting of June 28, 1971, the City Council requested a status report on the Planning Commission Minutes. The report indicated that the Secretary of the Planning Commission has advised that there are six sets of Planning Commission Minutes to be completed through July 7, 1971. The report stated that since it is highly desirable that these minutes be completed prior to the time the City Council conducts hearings on items which have previously been the subject of discussion by the Planning Cormmission, it is suggested that the City Council authorize the employment of additional part-time clerical help for the reminder of the month of July. In answer to a question from Mayor Harvey ~ the City Manager indicated that the weekly meetings of the Planning Commission have been prompted by various studies which have been requested of them~ The Secretary to the Planning Commission then indicated that the Planning Commission has devoted a great deal of time to the study concerning the City's multiple-family Ordinance, in particular~ In response to an inquiry from CounCilman Lacayo, the City Manager stated that the City would attempt to secure the part-time help from the local college or from a professional agency° It was moved by Councilman Lacayo and seconded by Councilman Kanel to authorize the City Manager to employ part-time clerical help for the reminder of the month of July. The n~Jtion was unanimously carried by the following roll call vote: AYES: NOES: ABSENt: 5 COUNCILMEN: 0 COUNCILI~N: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was rmved by Councilman Kanel, seconded by Councilman Kenode and unanimously carried to delay the consideration of Item No. 18 on the agenda until the evening session of the City Council. CONSIDERATION OF CODE AMENDMENT CHANq~NG.TH~ D.E. SIONATION OF THE CITY HALL ADDRESS: The City Manager reviewed a report dated July 7, 1971, which indicated that it was recently noted that the Cypress City Code has not been amended to correct the address of the City Hall, and therefore, a proposed Ordinance correcting the address is attached to the report for City Council adoption. -3- City Council Minutes July 12, 1971 It was moved by Co-~cilman Kenode, seconded by Councilme~ 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 SECTION 2-3 OF THE CYPRESS CITY CODE REGARDING DESIGNATION OF THE CITY HALL° It was moved by Coumcilman Kenode and seconded by Comcilman Kanel to adopt the first reading of the Ordinance. 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 Kanel, seconded by Councilmsm Kenode and unanimously carried to consider Items No ~ 20 a., 20 bo, and Z0 c o, on the ageode at this time. CONSIDE_,RATION_ O[ =~O_I~IjN~IC_A~ION ][PBM _COSTA_MES4 RE: _~Q~0SED FORMAT OF TAX STATEMENT: The City Manager referred to two con~nunications which the City had received from the Cities of Costs Mesa and Tustin, indicating their opposition to the Board of Super~r/sors recent action allowing the County Tax Collector to simplify the tax statemen~ by slim/hating the listing of all of the special taxing districts and placing them under one tax rate on the tax bill which is received by property owners. At the request of Ma~or HaDley, the City Manager listed the four classifications which the Board of Supervisors approved on the tax bill, including, (1) Education, (Z) County, (3) City, and (4) Special Districts~ It was mo~ed by Councilman Kenode and seconded by CouncilM- Lacayo to direct a coxmnunicazion zo the Board of Supervisors expressing the City's opposition to the proposed system which would eliminate the separate listings of the taxing districts and rates on the tax biil~ Following discussion whereby the Council expressed concern in that the individual citizen should be infor~Bd as to the various taxing districts and rates, the motion was unanin~ously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None REQUEST FROM LAF_CO _RE_QL~S~!NG .CI%X_~ITH~..I~_. i.APPLIqATI9~ _FOR_DETACHMENT PROCEEDINGS-~ MA~OLIA MEMDR!A~ pA.R~..CE_I~ETERY DISTRICT: The City Manager reviewed a aomun~Cation dated July 9, 1971, from Mr. Richard Turner, Executive Officer of the Local Agency Formation Commission, suggesting that the City of Cypress request withdrawal of the proposed detachx~nt of a portion of the City of c~press from the Magnolia Memorial Park Cemetery District. The letter indicated that portions of this District lie within seven cities, including the City of Stanton, Garden Grove, Fountain Valley, Huntington Beach, Santa Ana and Westminster, and that if all cities affected by this District were to file detachment from the District, the District would end up with no territory except the real property cf the cemetery on Magnolia Street in Gal~ten Grove and the unincorporated islands now in the Cemetery District, The communication advised that should the Ci[y of Cypress request withdrawal of the proposal at this time, or the Com~nission take action to disapprove without prejudice, it is suggested that the mtter be referred to a committee composed of the affected cities, a representative of the Board of Supervisors, County Counsel's Office and LAFCO Staff to investigate the various alternatives of the future of the District by possible dissolution~nt of the District and taking over the District by a "cemetery ~4- City Co~mcil Minutes July 12, 1971 authority" or the merging of this District with another existing cemetery district in the Co~mty. In response to an inquiry from Councilman Kanel, the City Manager indicated that the City would be withdrawing without preJudice and could refile at a later date if no action is taken by the co,,m~ tree. It was moved by Councilman Kanel and seconded by Councilman Kunode to notify the Local Agency Formation Coranission that the City of Cypress reluctantly withdraws its application for detachment from the Magnolia Memorial Park Cemetery District, based on the coninunica~ion received by the City from the Local Agency Formation Commission, and that the City Council looks forward to the meeting that the Local AgenCy Formation Commission Staff will initiate; and, upon their recommendation to the City of Cypress, they will begin studies contacting the cities in question, So that the matter can be considered within 60 days. 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 EXECUTIVE It was moved by Councilman Kenode, seconded by Councilma~ Kanel and unanimously carried to go into an Executive Session at 5:45 p.m., to discuss a matter of litigation. The meeting was called back to order at 6:00 pom,, with all Councilmen present, RECESS: It was moved by Councilman Kenode, seconded by Councilman Roberrs and unanimously cazried to recess at 6:00 p ~m. to 7:30 p om~ CALL_ TO 9RDER: The meeting was called back to order at 7:34 p.m., in the City Council Chambers, 5275 Orange Avenue, C~press, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kunode, Roberrs and Harvey ABSENT: Councilman Lacayc Also present were City Manager/City Clerk Dartell Essex, City Attorney James E, Erickson and the following members of the City Staff: Dalton, Dunlap, Schatzeder, Hernandez, Savord, Grissom, Bryant and Nudson~ PLEDGE OF ALLEGIANCE: At the request of Mayor Harvey, Councilman Roberrs led the City Council and audience in the PledSe of Allegiance. PRESENTATION OF _CQ_MMUNI%Y .SEHVIQE ~AqU~ ~0 MISS ~I~ .~ARKINS, F!SS q~.RESS OF 1970: At the request of Mayor Harvey, Miss Linda Larkins, Miss Cypress of 1970, stepped forward. Mayor Harvey then commended Miss Larkins for her many accomplishments during her year as Miss Cypress, and presented her with a Conlmunity Service Plaque in recognition of her activities. Mayor Harvey then requested Chief Savord to step forward, Commander Allen Stevens, American Legion 29th District Commander, commended Chief Savord on behalf of 28 American Legion Posts in Orange County, stating that in the State of California, which has over 700 American Legion Posts, Cypress has had the most outstanding law and order program for the past three years. Commander Stevens stated that Chief 5 City Council Minutes July lZ, 1971 Savord spent mamy hours in helping to start the Orange County Valor and Merit Awards program, in which outstanding police officers are honored each year~ Commander Stevens then presented Chief Savord with a plaque and resolution in recognition of his outstanding contributions to society. COUNCILMAN LACAYO ARRIVED AT 7:40 P.M. AND TOOK HIS PLACE ON THE PODIUM. .q ss: Mayor Harvey declared a recess at 7:45 p.m~ The meeting was called back to order at 7:47 p.m., with all Councilmen present~ At the request of Mayor Harvey, the City Manager reviewed the actions which were taken by the City Council at its afternoon session ~ ORAL C0t~4UNICATIONS: There were no Oral Conmunications presented at this time. It was moved by Codicilman Robarts and seconded by Councilman Lacayo to place on the agenda as Item Noo 23, consideration of support of either the Briggs or Cory Bills, associated with the Harbor District. The motion was unanimously carried by the following roll call vote: AYE S: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kate l, Kenode, Lacayo, Rob errs and Harvey None None It was moved by Councilm~ Kenode, seconded by Councilman Kanel and unanimously carried to proceed to Item No, 20 on the agenda at this time, and to consider this item plus Items 22 and 23 on the agenda, if time allows before the Public Hearings are scheduled° ~ON~S!D~_R4T~ON~ ~F_A~_PR_O~AL_ LQF C~O~_~C~A~_ ~__A~% ~%ST FQ~ _W~Aj~__TS Np. 27044 TH~ROVGH 2712~: It was moved by Councilm Lacayo and seconded by Councilman Roberrs to approve the Commercial Warrant List for Warrants No ~ 27044 through 27122 in the total amount of $80,692~90o The motion was unanimously carried by the following roll call vote: AYES: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Konel, Kenode, Lacayo, Roberrs and Harvey None None SECQND RE4DINq OF O~RD~N~ANCE .REGU~4TINq MA~S4OE 2~_RLO~$, _B4~S, L~UANA BATHS, ETC: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. 455 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING CHAPTER 15A TO THE CYPRESS MUNICIPAL CODE, REGULATING MASSAGE PARLORE, BATHS, SAUNA BATHS, AND SIMILAR BUSINESS. It was moved by Councilman Kanel and seconded by Councilman Kenode to adopt Ordinance No. 455. 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 -6- City Council Minutes July 12, 1971 CqNS. ID. ERATIQN O_F BRIGGS _OR_ LC.O.RY _S~_EN_ATE B.I~LS_: Councilman ~berts stated that at a recent meeting of the League of California Cities, one of the issues at the meeting was whether or not the League would continue to support the Briggs Bill, which is associated with the dissolution of the Harbor District, or change their support to the tory Bill, which would expand the Harbor District to include beaches and parkso Councilman1 Roberrs then indicated that the impact of this Bill, in his opinion, would be that it would allow parks to have a fair opportunity to receive funds in the County of Orange. Councilman Roberrs stated that prior to his election to the City Co%mcil, the Council had voted to support the Briggs Bill, He then indicated that he would like the City Council to reconsider its position on this matter. It was moved by Councilman Roberrs and seconded by C~mcilman Lacayo to support the Cory Bill and to draft a Resolution to Assemblyma~ Cory to that effect. Mayor Harvey stated that he had voted in opposition.to the motion to rescind support of the Brigge Bill and to support the Cory Bill at the League meeting, as he was representing the City Cormell. In response to an inqu/ry from Councilman Kanode, Mayor Harvey indicated that the Briggs Bill would bring this entire matter to the public as a ballot issue. In a~swer to believed the be 50 cents, five ,cents. an inquiry from Councilman Kanel, Councilman Roberrs stated that he maximum tax rate which would be established under the tory Bill would and that currently, ~mder the Harbor' District, the tax rate is under The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Lacayo and Roberrs NOES: 3 COUNCILMEN: Kanel, Kenode and Harvey ABSENT: 0 COUNCILMEN: None CONTINUA_TI_ON ~0F .P .UB~!C. HEARING ~ ! CONS~ID_EI~AT~I_ON_ QF ..AN..4PPEAI~_ ~OF _T~HE .P~Ab[NING COI~MISSION DENIAL--ZONE CHANGE Z-200: The Mayor announced this was the time and p'la'ce 'for the 'Pdblia ~e~r¥~g t0 ~nsider an appeal of the Planning Commission 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 Com~nercial) 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 J. Hansms~ and James 3, Fuchik, property owners, and known as Zone Change Z-200. The Mayor announced that the Public Hearing was open, and requested the Staff to present its reports. The City Manager presented a report dated July 7, 1971, which indicated that the affidavit of posting of the notice of continuation of the Public Hearing is on file in the office of the City Clerk, and no further comnunications have been received in regard to this matter ~ The Secretary to the Planning Commission then presented a transparency of the subJect property, and reviewed a report dated J'une 9, 1971 which described the subject and surrounding properties° Mr. Richard Bradshaw, 2110 E, Katella Avenue, Anaheim, representing the applicants, addressed the City Council stating that the points brought out in his presentation before the City Council at its meeting of June 21, 1971, were still applicable. He then read in full, a communication dated August 24, 1971, from Mr, Jerry W. Lynch, Real Estate Broker, which indicated that the subject property was not suited for commercial development; however, would be considered suitable for multiple-family development. Mro Bradshaw then read in full and submitted as part of his testimony, the following letters which all indicated the property was not suited for commercial development: A communication dated May 18, 1970, from Dale A.' Lewis of the Shell 0il Company addressed to Mr. George Putnam; a communication dated December 14, 1970, -7- City Council Minutes July 12, 1971 ' from Herbert Merlin, Kensington Properties, Inc., addressed to Mrs° Alice Noteboom, of the ~hunderbird Realty; a communication dated July 9, 1971 from Hal Cason, Real Estate Manager for Albertson's, Inc., addressed to Mrs. Alice Noteboom and Mrs. Barbara Rysa~y. Comcilman Kanel stated that he recognized, to certain degrees, the problems associated with attracting commercial development to the area in question, and felt that some of the arguments which have been brought before the City Council by the applicants' representatives and by the Councilmen who previously acted in favor of this particular zone change, are valid~ He added, that when this matter was before the City Council last year, he was opposed to the request as he was reluctant to relinquish commercial property. He indicated that after considering the various problems associated with the property, that perhaps the best use of the land would be R-3. Councilman Kanel then asked Mr~ Bradshaw if he had ever contacted Mr. Bradshaw, or whether Mr~ Bradshaw had ever contacted him relative to this zone change; to which Mrl Bradshaw replied no. In answer to an inquiry from Councilman Kanel, Alice Noteboom, Thunderbird Realty, 12047 Paramount Blvd~, Downey, stated that neither she nor anyone else from her firm have been contacted by Councilman Kanel regarding this zone change; nor have they contacted him. There being no one to speak in opposition to the zone change application, it was moved by Councilman Kanel and seconded by Councilman Kenode to close the Public Hearing at this time. The m~tion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanal, Kenode, Lacayo, Roberrs and Harvey None None Councilmem Roberrs stated that he had observed the subject property quite often during the year, and that there seemed to be a continual problem in that location. He stated that in his opinion, in order to achieve the highest and best use for the property, it should be cleaned and the buying power should be increased in order that the stores in that immediate area could operate more profitably, which may be brought about by the development of a multiple-family complex~ It was moved by Councilman Roberrs and seconded by Councilman Lacayo to read by title only, an Ordinance changing the zone of a certain parcel of land from C-2 to R-3. Mayor Harvey reviewed what had ~ranspired relative to this application for a zone change, and stated that in the year since this matter was considered by the City Council and denied, there have not been any changes which would Justify changing the zone to R-3~ Mayor Harvey indicated that ~ertain property at Valley View Street and Ball Road, may very likely be developed commercially; and, that when an intersection has a tendency to develop~ it encourages other commercial development. Mayor Harvey criticized the property owners for their lack of attentative- hess to keep their shopping center in a condition which would be attractive to the residents in that vicinity. Mayor Harvey stated that he was still opposed to the zone change, as he felt that this was an opportunity for the City to retain commercial property at an intersection where it has the best possibility and potential for developmsnt~ The motion to read the Ordinance by title only. was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel. Kenode, Lacayo, Robarts and Harvey None None -8- City Council Minutes July ]/, 1971 Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS A/~NDING ORDINANCE NO~ 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMqERCIAL) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL), ZONE CHANCE NO ~ Z-200. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve the first reading of the Ordinance~ The motion carried by the following roll call vote: AYE S: NOES: AB SENT: 3 COUNCILMEN: 2 COUNCILI~EN: 0 COUNCILMEN: Kanel, Lacayo and Roberrs Kanode and Harvey None PUBLIC HEARINq RE:..C. 0~SI.D. ERATION OF COMD. I.T.!QN.A! U. SE P_ER/~IT _C_-_229: The Mayor announced this was the time and place for the PuBlic Hearing to consider an application for a Conditional Use Permit which would allow the reduction in the required setback from an R-1 zone and to allow separate garage buildings on property generally located at 9721 Graham Street, requested by Peter A. Giovannoni. The Mayor declared '~he Public Hearing open, and requested the Staff to present its reports o The City Manager reviewed a report dated July 7, 1971, which indicated that the affidavits of mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and no communciations have been received in regards to this matter. The Secretary to the Planning Commission displayed a transparency of the subject property, and presented a report dated July 7, 1971, which described the existing zoning and the existing land use of the subject and surrounding properties° The report advised that due to an error in the processing procedure, this application for a Conditional Use Permit was not fully processed~ The report explained that since part of the application involved a reduction of the 100 foot setback between an R-I zone and a two-story building, the application should have been scheduled for Public Hearing before the City Council following the Planning Commission action of Mar~n 19, 1970o The report further advised that a Building Permit was issued for the proposed development on May 5, 197i, and that at the present time, the project is one-third completed. In response to an inquiry from Councilman Lacayo, the Secretary to the Planning Comnission indicated that the drawings of the proposed development which were submitted for City Council review, are not the set of drawings which were submitted with the original application; however, he stated, the Planning Commission did review them at a later date. In answer to an inquiry from Councilman Kanode, the City Attorney advised that this particular Conditional Use Permit was required because construction was proposed within the 100~ setback. F~ indicated that subsequently, in June of 1970, the Cityws Urgency Ordinance regarding multiple-development came into effect which requires a Conditional Use Permit for all development in an R-3 zone~ Mayor Harvey stated that the variance from zhe 100~ setback requirement was necessary to the developer, as the property is only 125' wide, and it would be very difficult if not impossible to develop the property with a full 100' setback° Discussion ensued with regard to location of the carports, whereas the Secretary to the Planning Commission indicated that under the City's Urgency Ordinance, carports are prohibited in the front half of a development, and that unless the applicant obtained a Variance, he could not construct the carports as planned. -9 - City Council Minutes July 12, 1971 At the request of Com~cilman Roberrs, the Secretary to the Planning Coz~aission read that portion of the Urgency 0rdinance pertaining to accessory buildings, which includes carports° in reply to an inquiry from Councilman Roberts, the Secretary to the Planning Commission stated that without reviewing the plans which had been submitted for other multiple- family developments in the City, he could not advise as to whether or not there were any projects which would be in violation of the code requirement which stipulates that carports are prohibited in the front half of a development. Councilman Roberrs then noted that this stipulation was included in the City Code before the Urgency Ordinance was adopted. Comcilman Roberrs then indicated that the City might , consider a modification to the Urgency Ordinance which would enable the Council, at one time, to deal with all of those projects which have been approved in contra- diction of the Code, and at the same time solve part of the problem in conjunction with this particular Conditional Use Permit° It was moved by Councilman Roberrs and seconded by Councilman Lacayo to continue the Public Hearing on this matter to the next regularly scheduled meeting of the City Council. In answer to an inquiry from Councilman Kanel, the City Manager stated that there would be a practical problem with continuing the matter, as the development is under construction. He further indicated that the City's new multiple-family Ordinance, which will be coming before the City Council for adoption~ does correct this particular part of the Code, by giving the Planning Commission some flexibility in determining the location of accessory buildings, In answer to an inquiry from Councilman Lacayo, Mayor Haxvey indicated that there were two items which were under consideration: (1) to allow the reduction of the 100v required setback, and (2) the carports which are closest to the street are not co~ered~ In response to e further inquiry from Councilman Lacayo, the City Manager indicated that a condition could be imposed by the City Council which would require the developer to cover the carports, or grant the Permit subject to the applicant obtaining a variance° Councilman Robarts and Councilman Lacayo then withdrew their' motion° When asked if anyone in the audience wished to address the City Council in favor of the Conditional Use Permit, the applicant, Mr. Peter A. Giovannoni, 1784 W. Alomar Street, Anaheim, California, addressed the City Council stating that at the time the Public Hearing notices were sent to surrounding residents, there were no protests. He stated that. it would be impossible for a person to view the R-1 residences from that part of the project which is separated from the R-1 by a garage, and further, that if he were to raise the block wall to the east, it would be very impossible to see into an R-1 residence. There being no one in the audience wishing to speak in opposition to the granting of the Conditional Use Permit, ft was moved by Co%mcilman Kenode, seconded by Councilman Roberrs and unanimously carried to close the Public Hearing. It was ~ved by Councilman Roberrs and seconded by Councilman Lacayo to grant Conditional Use Permit C-229, allowing the construction of a 24 unit apartment complex with a 50' setback from an R-1 zone boundary to a two-story building, subject to the following conditions: 1. All drainage fees shall be paid in accordance with the Master Plan of Draina~eo 2. Graham Street shall be improved in accordance with City standards° 3. All covered parking spaces shall be garages unless the Zoning Ordinance otherwise permits the use of carports. · i,~ City Council Minutes July 12, 1971 Structures shall meet Fire Zone 2 building requirements° 5. The south wall of the carports shall be slump atone° Slump stone walls shall be constructed along the westerly and northerly property lines. A landscape architect shall be employed to design the landscaping. 8. All utility service shall be anderground. Drainage shall be solved to the satisfaction of the City Engineer~ 10. Street trees shall be installed per City standards~ 11o The developer shall pay the necessary engineering and inspection plan check fees in the amomt of 3~% of the cost of the street improvements° 12 o Approval shall be subject to architectural review to include elevations, site plans, and landscape architecture. 13. Two parking spaces next to the pool shall be eliminated and the land shall be used for recreational or landscape purposes. The unit to the west of Plan '~" at the rear of the property shall be eliminated and the parking spaces required for that unit shall be allocated to recreational or landscape purposes° A parapet, slump stone wall shall be constructed between the R-1 development and the carports. 16o Street light standards to be approved by the City Engineer, Advance street light energy Charges shall be paid~ There shall be no windows on the south elevation within 80 feet of the R-1 property~ 19. A Variance must be obtained to permit the construction of the carports on the front half of the lot. The motion was unanimously carried by the following roll call vote: AYE S: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None At this time, Miss Randi Firus, Junior Leader of the Calicoettes, and Miss Teresa Bleick, member of the Calicoettes, addressed the City Coonoil displaying a trophy which their' organization won at a recent parade in Huntington Beach. RECESS: Mayor Harvey declared a recess at 9:21 p.m. The meeting was called back to order at 9:30 pom., with all Councilmen present, pUBLI_C~ _HEARING.RE: CONSIDERATION QF CONDI~T~IQN_AL__US_E .PE_RMIT C_-250: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit which would allow the construction of a 200 unit apartment complex on property generally located at 9882 Valley View Street, Cypress, submitted by Bergum Construction Company. - 11 - City Council Minutes July 12, 1971 The Mayor declared the Public Hearing was open, and requested the Staff to present its reports. The City Manager presented a report dated July 7, 1971, which indicated the affidavits of mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk. The report advised that one communication has been received in reference to this application. The City Manager then read into the record, a conmunication dated May 25, 1971, addressed to the Planning Commission from Mr. William D. Seigler, 5725 Aspen Street, Cypress, expressing opposition to the granting of the permit. The Secretary to the Planning Commission presented a report dated July 7, 1971, which described the subject and surrounding property, and outlined the conditions which were imposed by the Planning Commission upon recommending approval of the application. The Secretary then pointed to the areas on the drawing of the proposed development where a chain-link fence is proposed. Considerable discussion was held regarding the chain-link fence, as opposed to the construction of a block wall. At the invitation of Mayor Harvey, the applicant, Mr. Bergum, Bergum Construction Company, 1023 E. Chapman Avenue, Fullerton, California, addressed the City Council introducing the architect for the project, Mr. Carl Irwin, who then displayed a scale model of the proposed development. Mr. Irwin indicated that a considerable amount of landscaping is planned in front ofthe chain-link fence, and it is their intention to plant ivy which will grow over the fence. He then described the model in detail. In response to an inquiry from Councilmen Roberrs relative to the City's policy insofar as a model introduced as testimony at a Public Hearing is concerned, the City Attorney indicated that either the model itself becomes a part of the evidence, or the applicant may provide the City Council with accurate color photographs of the model which may be kept with the records. In answer to a further inquiry from Councilman Roberrs, the applicant indicated that he did intend to operate the development upon its completion, and then listed several other projects which his company is currently operating. In reply to an inquiry from Councilman Kanel, Mr. Irwin indicated that approximately 30 trees, around 40 feet in height appear on the model, and that a complete set of landscape plans will be submitted to the Planning Commission for final approval. When asked if anyone from the audience wished to speak in opposition to the proposed complex, Mrs. Audrey Lange, 5726 Aspen Street, Cypress, stated that she was opposed to the high density. In reply to an inquiry from Mrs. Lange, Mr. Irwin indicated that a large tree could not be planted at the northwest corner of the property as it would interfere with the storm drain. He further indicated that there will be no windows along the west wall of the complex. Councilman Kanel indicated that he was not quite in agreement with the developer's philosophy regarding "open-space" when he referred to the chain-link fence. He stated that he would prefer to see a block wall fence along the north and west property lines; as well as along the channel on the southern property line. Following further discussion, it was the general consensus of the City Council that a condition would be imposed which would require a decorative block wall fence along the north, west and south property lines. Mayor Harvey declared the Public Hearing closed. Councilman Roberts then stated that he felt that this particular development was one of the best looking developments in concept, that has been before the City Council, and added, that he felt that the developer had taken the City into consideration. Councilman Lacayo referred to a communication which had been received by the City opposing the granting of the Conditional Use Permit, and which indicated that 360 parking spaces would not be adequate. Councilman Lacayo stated that 360 spaces would have met the Code requirement, and in fact, the applicant has provided 404 parking spaces. - 12 - ~ CLty Council Minutes July 12, 1971 It was moved by Councilman Roberts and seconded by Councilman Lacayo to approve Conditional Use Permit C-250, subject to the following conditions: 1. Compliance with all applicable conditions of the Cypress City Code. 2. That the development be constructed in accordance with the officially approved plans. 3. That a landscaping plan prepared by a registered landscape architect be submitted to the Planning Commission for approval. 4. That an automatic water sprinkling system be installed. 5. That all open parking spaces be striped with "double lines." 6. That bumper stops be provided in all parking spaces open or covered which abut a wall. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Construction of the building be in accordance with FHA soundproofing standards. Construction of a 6 foot high decorative block wall fence on the north, west and south property lines. That the building not be occupied or a certificate of occupancy granted until all conditions of approval have been met. (Planning Director shall certify as to compliance with these conditions.) Drainage shall be solved to the satisfaction of the City Engineer. Drainage easements shall be dedicated to the City as required. Drainage fees shall be paid in accordance with the Master Plan of Drainage. All secondary and primary utility services shall be underground. Valley View Street (60') half street shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways. (Valley View shall be constructed with full landscape center median and automatic sprinkler system approved by the City Engineer.) Cost of development shall be on a pro-rata share. Street structural sections shall be approved by the City Engineer. Street lights shall be installed per City standards. Advance street light energy charges shall be paid. The developer shall install a turfed parkway on Valley View Street with 15 gallon trees 40 feet on center and automatic sprinkler system and shall be designed so that further extension of the system is possible. The design of the sprinkler system shall be approved by the City Engineer. Design shall be in accordance with the City of Cypress Plan for Arterial Highways and the Townscape and Urban Design Element of the General Plan. Plan checking and inspection fees amounting to 3~% of the street improvements shall be paid. Necessary fire hydrants shall be installed in accordance with Fire Depart- ment requirements and City standards. No opening shall be permitted in that portion of the Valley View Street median located in front o f this development. - 13 - City Co~mcil Minutes July 1Z, 1971 22° All roof equipment shall be architecturally screened. 23. A storage locker shall be constructed in each carport. All trash areas shall be enclosed by a decorative block enclosure not less than 5 feet in height, 25° Twenty (20) open off-street parking spaces shall be specifically reserved and desi~nated for guest parking~ 26. Equal architectural treatment shall be given to all building elevations. Lighting to be directed away from adjacent development 28. Tree pockets along wall. 29° Architectural styling, all sides. Councilman Kenel stated that although he had voted in opposition to the zone cange for this particular property, he would be voting in favor of the Conditional Use Permit based on the plans which were brought before the City Council. Mayor Har~ay indicated that he too, had voted in opposition to the zone change, as he felt the density was too extreme foT the particular piece of property° The motion carried by the tollowing r~ll call vote: AYES: NOES: ABSENT: 4 COL~NClLMEN: 1 COUNCILI~EN: 0 COUNCILMEN: Kenode, Kenel, Lacayo and Roberrs Harvey None PU~.LIC .HEARING RE.:. C. ON. DITI. ON.A~. USE PERMIT C-253: The Mayor announced this was the time and place for the Public Rearing ¥6 'c6nsider an application for a Conditional Use Permit which would allow the construction of a 19 unit apartment complex on property generally located at 9642 Walker Street, Cypress, initiated by Clayton-Hyter. The Mayor declared the Public Rearing open, and requested the Staff to present its reports. RECESS: Mayor Harvey declared a recess at 10:30 p~m. The meeting was called back to order at 10:35 p.m., with the following Councilmen present: PRESENT: Cooncilmn Kanel, Kenode, Roberrs and Harvey ABSENT: Councilman Lacayo COUNCILMAN LACAYO ARRIVED AT 10: 36 P oMo AND TOOK HIS PLACE ON THE PODIUM, At this time, Mayor Harvey indicated that he had been advised by the City Attorney that it would be appropriate to consider Conditional Use Permits C-253 and C-258 concurrently. Mayor Harvey then declared the Public Hearing to consider Conditional Use Permit No, C-258, which would allow the construction of a 19 unit apartment complex on property generally located at 9622 Walker Street, Cypress, open end requested the Staff to present its reports, The City Manager presented a report dated July 7, 1971, which indicated the affidavits of mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and no co~unications have been received regarding this mat ter . The Secretazy to the Planning Com4ssion displayed a t~ansparency portraying the subject and surrounding properties, following which he presented a report dated - 14 - City Coun,~l Minutes July 12, 1971 July 7, 1971 which described the properties° The report advised that it is the intent of the developer to develop both p~oJects as an integrated development° In response to an inquiry from Councilman Roberrs, the Secretary to the Planning Commission indicated that the Planning Commission discussed the construction of a decorative block wall fence around the exterior perimeter of the project o At the request of Mayor Harvey, Mr,, William F. Reid, architect for the project, representing the applicant, addressed the City Council stating that because two separate projects were involved, it was his interpretation that the Planning Commission felt that in the event both projects are not constructed at the same time, that there would be a wall .along the common property line. Mr. Reid then displayed a colored rendering of the proposed development ~ He stated that the development is 88' from the front property line to the nearest carport o He indicated that two parking spaces per unit are planned, plus two additional parking spaces, which will be designated as guest parking~ He stated that the development will be owned by the Clayton-Hyter development Company, and operated as separate units, each with a resident manager, When asked if anyone in the audience wished to speak in favor of the application, Mr. Earl Clayton, Clayton-Hyter Development Company, addressed the Council statidg that he would be glad to answer any questions which the Council might have. In response to an inquiry from Councilman Lacayo, Mr~ Reid indicated that the perimeter wall would be of the same characteristic as the building. In reply to an inquiry from Councilman Kanel, the applicant indicated that specimen trees would be planted, and a landscape plan, by a registered landscape architect, will be submitted to the Planning Couanission for approval~ Mr. James Duncan, 9582 Walker Street, Cypress, addressed the City Council stating that the proposed development is within 200' of his home, and that he was very much in favor of the project as he felt that it would be an improvement to Walker Street , Discussion was held regarding the various canditions which had been imposed on the Conditional Use Permit by the Planning Commission, and as to whether or not a block wall should be required al~ng the common line of the two developments thereby sepa~ating them. Mr~ Reid indicated that the~e would be a grape stake fence between sections of the two p~oJects~ Mayor Harvey declared the Public Hearing closed, It was moved by Councilman Kanel and seconded by Councilman Kenode to approve Conditional Use Permit C-253 subject to the following conditions: Compliance with all applicable conditions of the Cypress City Code. 2, That the development be constructed in accordance with the approved plan o That a landscaping plan prepared by a registered landscape architect be submitted to the Planning Commission for approval, 4~ That a permement automatic water sprinkling system be installed, 5. That all open parking spaces be striped with "double lines." 6. That bumper stops be provided in all parking spaces open or covered which abut a wall~ 7. Construction of the building be in accordance with FHA soundproofing standards. 8. All roof appurtenances to be architecturally screened, - 15 - City Council Minutes July 1Z, 1971 That the building not be occupied or a certificate of occupancy granted ~=ltil all conditions of approval have been met~ (Planning Director shall certify as to compliance with these conditionso) 10. Drainage fees shall be paid in actordunce with the Master Plan of Drainage. 11~ Drainage shall be solved to the satisfaction of the City Engineer, 12. All secondary and primary utility services shall be underground. 13~ Walker Street (42') half street shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways. 14. Street structural sections shall be approved by the City Engineer. 15. Street lights shall be ~nstalled per City standards. 16. Advance street light eRerS~ charges shall be paid. Street trees (15 gal.) 40' on center shall be installed along Walker Street in conformante to the street tree policy of the Public Works Department. The type of trees shall be as required under the Townscape Design element of the General Plan. 18o Plan checking and inspection fees amounting to 3~% of the street improvements shall be paid~ 19o Necessary fire hydrants shall be installed in accordance with Fire Department ~equirements and City standards. A 6 foot high decorative block wall shall be placed on the property line connon to the parcels subject to CUP 253 and 258 in the event that one of the parcels is not developed within a period of one year, subject to the guarantee of a bond. The perimeter wall shall be of an architectural styling compatible to the architecture=. 21. All trash areas shall be enclosed. 22. Lighting to be averted away from adjoining properties° 23. Ten percent (10%) of parking shall be designated as guest parking. 24. Architectural treatment on all sides° 25. Storage lockers shall be provided in carportso 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 It was moved by Councilman Kanel and seconded by Com~cilman Kanode to approve Conditional Use Permit C-258, subject to the conditions as outlined on Conditional Use Permit C-253. 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 City Co~mcil Minutes July 1Z, 1971 PUBLIC HEARING RE:. COND!TION.A~. U_SE PE~R~__T_.N_O. C-25_9: The Mayor announced this was the time and place for the Public Hearing to consider an application for a Conditional Use Permit which would allow the construction of a 120 unit apartment complex on property generally located on the 8700 block of Walker Street, initiated by Maurice C. Nickle. The Mayor declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated July 7, 1971, which indicated the affidavits of mailing, posting and publication of the Public Hearing notice are on file in the office of the City Clerk, and no communications have been received in reference to this matter. The Secretary to the Planning Comnission then displayed a transparency portraying the subject property, and reviewed a Staff report dated July 7, 1971, which described the subject property and adjacent properties. The report indicated that this property was the subject of Zone Change Z-196, a pro-annexation request to R-3. Mro Robert Borders, 3535 Farqubar Avenue, Los Alamitos, addressed the City Council stating that he was representing the applicant~ Mr. Borders then described the proposed development~ In response to an inquiry f~om Councilman Lacayo, the Secretary to the Planning Commission indicated that emergency vehicles would be able to enter the development from Watson Street° When asked if anyone in the audience wished to speak in opposition to the application, Mrs. Daryle Ellwart, Manager, Cy-prese Chamber of Co~,v~rceI stated that she was not opposed to the application, but did question the flow of traffic on Watson Street. The Public Works Director indicated that he felt that Watson Street would be adequate for the purposes intended. In answer to a question from Coumcilman R~berts, the Secretary to the Planning Comission stated that all property owners within a 300' radius of the proposed complex were notified of the Public Hearing to consider the Conditional Use Permit°. There being no one else to speak in favor of cr in opposition to the application, Mayor Harvey declared the Public Hearing closed. Councilmm~ Roberrs stated that he found the development, which is proposing nearly 29 units per acre, which is the maximum number of units allowed under the provisions of the City Code, to be unappealing. Councilman Roberrs stated that he was not in favor of the proposed development, even though it does not ~iolate the City Code. In response to an inquiry from Mayor Harvey, the Secretary to the Planning Commission indicated that if the property was not annexed to the City of Cypress, the applicant could develop the project in the County. Mayor Harvey stated that due to its configuration, the property is extremely difficult to develop. It was moved by Councilman Kenode and seconded by Couecilman Kanel to grant Conditional Use Permit C-259, subject to the conditions reconmBnded by the Planning Commission. It was moved by Councilman Roberrs end seconded by Councilman Lacayo to amend the motion by deleting the word "concrete" in condition 9, and to replace it with the word "decorative." The motion was unanimously carried by the following roll call vote: AYES: 5 CODNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs end Harvey None None - 17 - City Cotmcil Minutes July 12, 1971 The conditions of approval of Conditional Use Permit C-259 are as follows: 1. Compliance with all applicable conditions of the Cypress City Code. 2. That the development be constructed in accordance with the officially approved plans. 3. That a landscaping plan prepared by a registered landscape architect be submitted to the Planning Con~nission for approval· 4. That a pernument automatic water sprinkling system be installed. 5o That all open parking spaces be striped with "double lines." 11. 12. 13. 16. 17~ 18o 19. 20. 22. 23. That bumper stops be provided in all parking spaces open or covered which abut a wall, Construction of the building be in accordance with FHA soundproofing standards. That a minimum of 204 parking spaces be providedo That a six (6) foot high decorative block wall be constructed along property lines except for the Walker Street frontage, That guest parking be specifically identified~ That all roof equipment be 'architecturally screened. That all trash areas be enclosed, That additional architectural treatment be given to all elevations° (To be approved by the Planning Con~nission)o That the open parking areas be provided with landscaping, to be incorporated into landscape plan. Perimeter landscaping shall be provided on all open parking as approved by the Planning Conmission, Drainage fees shall be paid in accordance with Master Plan of Drainage° Drainage shall be solved to the satisfaction of the City Engineer° All secondary and primary utility services shall be underground. Street lights shall be installed as per City standards. Advance street light energy charges shall be paid~ All streets shall be dedicated and fully improved in accordance with the Master Plan of Streets and Highways. Street structural sections to be based on reco~lnendation and soils report by soils engineering firm acceptable to the City Engineer with street structural Sections to be determined by using an applicable ToI. Street trees (15 gel,) 40' on center shall be installed along streets 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. Soil in planting areas including trees, shall be tested by a qualified agricultural laboratory to determine the organic and chemical amendments - 18 - City Council Minutes July 12, 1971 for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium status and boron saturation extract. Results of these tests with recommendations of the agricultural laboratory shall be furnished to the Public Works Department for approval at least thirty days prior to planting date° 24. Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. Plan checking and inspection fees amo~mting to 3½% of the street improvements shall be paid. 26, Suitable illuminated markers on walls on the north boundary, 27~ That the use permit is effective upon annexation to the City of Cypress. 28. Integrated low profile lighting. 29. No certificate of occupancy shall be granted until all conditions of approval have been met, The motion to approve Conditional Use Permit C-259 subject to the above conditions, carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenodes Lacayo and Harvey Rob ert s None CONSIDERATION O~ .4 ~.P~.qISE ALIGNMENT OF AN .EAS~TWES~ .S~.R~.ET BETWEEN WALKER _STREET AND GRAHAM STREET: The City Manager presented a report dated July 6, 1971, from the Secretary of the Planning Coum~ission, which indicated that the precise alignment of an east-west street between Walker Street and Graham Street (extension of Hanover Drive) was considered by the Planning Conmlission at two Public Hearings on May 6, 1971 and June 17, 1971. The report advised that the Planning Commission voted that the proposed east-west precise alignment not be established, and secondly, that a committee, consisting of ~epresentatives from various a~encies, commissions and departments, be formed for the purpose of evaluating the overall traffic problem in the area° The City Manager indicated that several alternatives to the traffic problem in this area have been discussed by the Staff, Planning Conmission and the Advisory Traffic Committee; however, the solution is not a simple matter, He stated that one area of concern is the development of a parcel of property on Graham and Orange, He indicated that at the present timem the school district apparently considers that property as surplus property, which opens up the potential for acquisition of the land as a total park site complex, which would then perhaps allow for additional access points to the park site from Orange Avenue, and alleviate some of the traffic problem on Graham Street. He further stated that there are other alternatives to the problem, which is the reason for the Planning Commission reoonunending a study conmittee. Mayor Harvey stated that he was in agreement with the reco~mnendatiun of the Planning Commission. Coanctlmen Kanel, Lacayo and Roberrs indicated that there has been consideerable amount of time and study devoted to this problem, and perhaps more positive support should be given to a specific plan. Comctlman Roberrs stated that if the City Council were to schedule a Public Hearing to discuss a precise alignment of an additional east-west access, all interested people could attend the hearing, and the Council would have an opportunity to take into consideration the viewpoints expressed, It was moved by Councilman Roberts and seconded by Councilman Lacayo to establish a Public Hearing to consider an east-west precise alignment between Walker Street and Graham Street, - 19 - City Council Minutes July lZ, 1971 In reply to an inquiry from Councilman Kanel, the City Manager indicated that the the Advisory Traffic Committee expressed concern regarding the proposal to cul-de-sac Graham Street in that there would be a need for additional access. He further indicated that a Conditional Use Permit for the development of the area which is proposed for the precise alignment, will be coming before the City Council for consideration at its next regular meeting. He added, that the creation of a precise alignment does nothing more than set a line on a map showing that this is where a street is planned. Following discussion regarding a solution to the traffic problem, Mayor Harvey invited anyone in the audience who wished to cor~nent on this particular item to step forward and address the City Co'uncil. Mr. John Grande, 5458 Hanover Drive, Cypress, stated that he, along with other residents from the area in question, artended both Public Hearings which were held by the Planning Cormutssion regarding the precise alignment. Mr, Grande expressed concern in that an east-west street aligning with Hanover Drive, would result in the signalization of the access street, Mr, Grande indicated that the Council could, by aligning a street with Hanover Drive, be in effect, transferring the problem which has been encountered by the residents of Graham Street, to those residing on Hanover Drive. He then urged that the City Council consider this matter further, and possibly take into consideration the possibility of another location for an east-west street. Mr. James Duncan addressed the City Council indicating that he had opposed this matter at the hearings held by the Planning Commission, as he did not feel that the proposed street would alleviate the traffic problems. He stated that he felt that Graham Street should not end in a cul-de-sac thereby discouraging the use of the park by those citizens not residing on Graham Street, In answer zo a statement by Councilman Roberrs, the City Attorney advised that the precise alignment considered by the Planning Commission was the exact extension of Hanover Drive; and that if the City Council wished to move the precise alignment from that location, it would be necessary for the Planning Commission to review the matter, and to then forward a recommendation to the City Council, prior to the Council's taking final action. Following discussion, the motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo and Roberts Harvey None Councilman Kanel indicated that he was not at all certain as to whether an east- west street would be the solution to the problem, to which Councilman Kanode agreed. Councilman Kanode indicated that he felt that perhaps the Public Hearing would bring mDre information to the City Council relative to this matter. CO~DERATION OF STREET SWEEPING CONTRACT: The City Manager summarized a report dated July 7, 1971, which indicated that in accordance with previous City Council action, the City Manager and Public Works Director proceeded to obtain proposals for street sweeping service in the City of Cypress, from the R. F. Dickson Company and from the San Gabriel Sweeping Company. The report further summarized the action taken in reference to the street sweeping contract, and the quotations obtained. It was moved by Councilman Kenode and seconded by Mayor Harvey to enter into a contract for street sweeping with the R~ F0 Dickson Company, which submitted the lowest bid, at a rate of $16.00 per hour. 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 - 20 - City Cotmcil Minutes July 12, 1971 CONSIDERATION OF LEASE AGI~EMENT .BET ~WEEN ]THE CITY iOF CYPRESS ..a~/i'D ]THE CYPRESS CHAMBER OF COMMERCE FOR'USE OF THE'BUILDING LOCATED AT 9471 WALKER STREET~ 'CYPRESS: At the request o~ ~'e City Manager, i~ ~a's moved by Counc{lm~ Km{ei, 'secen'~e~ by Councilram1 Kanode and tmanimously carried to continue the consideration of this matter to the next regular meeting of the City Cotmcil scheduled to be held on July 26, 1971. CONSIDERATION OF PARK NAMES: The City Manager presented a report dated July 7, 1971, which indicated that the Recreation and Park Commission has reviewed the park naming policy and has recommended park names on all existing and proposed parks within the Cypress Recreation and Park District which have not been consistent with the park naming policy. At the request of Councilman Lacayo, the City Manager read the list of suggested names for the parks. It was moved by Councilma~ Roberrs and seconded by Councilmm~ Lacayo to approve the names as recommended by the Recreation and Park Commission° The motion carried by the following roll call vote: AYES: 3 COUNCILI~N: NOES: 2 COUNCILMEN: AB SENT: 0 COUNCILMEN: Kanel, Lacayo and Roberts Kenode and Harvey None ORAL COM~NICAIIONS: There were no oral comunications presented at this time. It was maved by Councilmea Kunel and seconded by Councilman Kenode to place on the agenda at this time, the consideration of renaming the Cypress Co~mty Water District building° In response to an inquiry from Mayor Harvey, the City Manager indicated that the building could be renamed end a sign bearing the name could be erected; however, the ' present sign cannot be removed for a period of five years~ Councilm~m Lacayo stated that he would be opposed to considering this matter at this particular time; however, wculd not object to placing the item on the agenda for the next regular meeting of the City Council° Councilman Kenel and Councilman Kanode then withdrew their motion It was moved by Councilman Kanel and seconded by Councilman Kanode to place the consideration of renaming the Cypress County Water District building on the agenda for the City Council meeting scheduled to be held on August 9, 1971. 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 ADJOUI~NMENT: It was moved by Councilman Kanode, seconded by Councilman Lacayo and unanimously carried to adjourn at 12:48 a.mo to 3:00 p.m. on July 26, 1971, "MAYOR OF THE CItY OF CYPRE~ ATTEST: Cn~"~LEmC~}F T~ C~f OF ~P~SS -