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HomeMy WebLinkAboutMinutes 71-07-26 (2)MtNI}TES OF A I~GULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 26, 1971 The regular meeting of the Cypress City Council was called to order at 4:00 p.m., on Monday, July 26, 1971, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Tem John Kanel presiding. PRESENT: Councilm~n Roberrs and Kanel ABSENT: Councilmen Kanode, Lacayo and Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney Jmm~s E. Erickson and the following members of the City Staff: Dalton, Dunlap, Bryant, Schatzeder and Grissom. ADJOURNMENT: Mayor Pro-Tem Kanel adjourned the meeting at 4:01 p.m. to 4:15 p.m., due to the lack of a quorum. CALL TO ORDER: Mayor Pro-Tern Kanel called the meeting back to order at 4:15 p,m., fin the Cypress City Council Chambers, 5275 Orange Avenue, 6~press, California. PRESENT: Co~lcilmen Roberrs and Kanel ABSENT: Councilmen Kanode, Lacayo and Harvey ADJOURNMENT: Due to the lack of a quorum, Mayor Pro-Tern Kanel adjourned the meeting at 4:16 p.m, to 4:30 p.m. CALL TO ORDER: The meeting was called back to order at 4:35 p.m., in the Cypress City Council Cham~ers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Tem John Kanel presiding. PRESENT: Councilmen Kanode, Roberrs and Kanel ABSENT: Councilmen Lacayo and Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. Erickson and the following members of the City Staff: Dalton, Dunlap, Bryant, Schatzeder and Grissom. STAFF REPORTS AND DISCUSSIONS: It was moved by Councilman Roberrs, seconded by Couecilmsm Kanode and unanimously carried to consider the Recreation and Park budget on the evening of August 2, 1971. The City Manager then reviewed the various items contained in the Progress Report. It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to place on the agenda for consideration at this time, authorization for the members of the City Staff to attend an installation dinner of the Cypress Chamber of Commerce, and reimbursement of necessary expenses. It was moved by Councilman Roberrs and seconded by Councilman Kanode to authorize the attendance of the installation dinner sponsored by the Chamber of Commerce, which will be held on July 27, 1971, of the City Staff, and that they be reimbursed for necessary expenditures. The motion was unanimously carried by the following City Council Minutes July 26, 1971 roll call vote: AYES: NOES: AB SENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Kanode, Roberts and Kanel None Lacayo and Harvey At the request of the City Manager, it was moved by Cotmcilman Kanode, seconded by Councilman Roberrs and unanimously carried to place the consideration of an agreement between the Recreation & Park District and the St, Iranaeus School on the agenda as Item No, 22 a. It was moved by Councilman Kanode, seconded by Councilmm~ Roberrs and unanimously carried to place on the agenda as Item No. 21 a. an Executive Session to discuss a matter of litigation. The City Manager then indicated that the City has received notice from the Board of Trustees of the Anaheim Union High School District that they have exercised the option in the government code, overruling the conditions imposed by the Planning Connnission on their Conditional Use Permit applications for both the Lexington Jr. High School and the Cypress High School. The City Manager stated that when this matter was before the Planning Commission, the District concurred with the conditions, subject to the approval of the State Department of Finance, through their local assistance office; and, that if they were able to receive funds to comply with the conditions, they would. The City Manager then indicated that the City Attorney has advised that the Council consider an appeal of the Conditional Use Permits granted by the Planning Commission. At the request of Mayor Pro-Tem Kanel, the City Manager listed the conditions which the School District indicated they could not comply with. The City Attorney stated that it would be advisable for the City Council to schedule an appeal of the Use Permits and to then modify the conditions so that they would meet with the approval of the School District. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to place this matter on the agenda at this time. It was moved by Councilman Kanode and seconded by Councilman Roberrs that the City Council appeal the Conditional Use Permits for the Lexington Jr. High School and the Cypress High School, which were approved by the Planning Commission, and to schedule this appeal for the regular meeting of the City Council to be held on August 23, 1971, The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCII2~N: 2 COUNCILMEN: Kanode, Robarts and Kanel None Lacayo and Harvey It was moved by Councilman Robarts, seconded by Councilman Kanode and unanimously carried to place on the agenda at this time, a matter concerning a special meeting of the Orange County Division of the League of California Cities, scheduled to be held on July 28, 1971. The City Attorney suggested that perhaps the City Council might wish to consider this item with Item No, 21 a. on the agenda, since they are somewhat related. It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to consider Item No. 21 a. on the agenda at this time. EXECUTIVE SESSION: It was moved by Councilman Roberrs, seconded by Councilman Kanode and unanimously carried to go into an Executive Session at 5:17 p.m., to discuss matters of litigation, The meeting was called back to order at 6:00 p.m., with the following Councilmen present: -2 - City Council Minutes July 26, 1971 PRESENT: AB SENT: Councilmen Kayode, Roberrs and Kanel Councilmen Lacayo and Harvey RECESS: It was moved by Cotmcilman Kenode, seconded by Cotmcilman B~berts and unanimously carried to recess at 6:00 p.m, to 7:30 p.m. CALL TO ORDER: The meeting was called back to order at 7:30 p.m., in the City tomell Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro-Tam John Kanel presiding. PRESENT: Councilmen Kenode, Lacayo, Robarts and Kanel ABSENT: Mayor Harvey Also present were City Manager/City Clerk Dartell Essex, City Attorney James E. trickson and the following members of the City Staff: Dalton, Dunlap, Schetzeder, Savord, Hernandez, Nudeon, Grissom and Bryant. PL~GE. OF ALLEGIANCE: Boy Scout Troop 667 led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Pro-Tem Kanel, the City Manager reviewed the various actions which were taken by the City Council at its afternoon session. Councilman Roberrs then moved to place on the a~enda as Item No. 22 b., a matter concerning a special meeting of the OranSe County Division of the League of California Cities. The City Attorney indicated that since this matter had been placed on the a~enda during the afternoon session of the City Council, end had not been considered, the motion would not be necessary. Councilman Roberrs then withdrew his motion. ORAL COM4FN~ICATIONS: Mr. Ro~er Nixon, 9090 Moody Street, Apartment #237, Cypress, California, addressed the City Council inquiring as to the statue of the pre-school at the Tara Hill Apartments~ The City Manager explained that when the Larwin Company approached the City relative to this matter, they indicated that it would be a commercial venture; and, that at that time, the Zoning Ordinance prohibited a commercial nursery school in that particular zone, which was strictly for multiple-family use. He further explained that the Larwin Company was notified that if it could be interpreted that if, in the complex itself, the nursery would be a non-profit operated pre-school, then perhaps it could be allowed. The City Manager stated that on this evening's a~enda is the consideration of an amendment to the zoning code dealing with multiple-family development standards which would permit a nursery school operation in an R-4 zone, subject to a Conditional Use Permit. In response to an inquiry from Mr. Nixon, Mayor Pro-Tam Kanel indicated that the public would be invited to participate in the discussion relative to items 8 and 13 on the a~enda. Mr. Jack Gary, 9090 Moody Street, Apartment #117, addressed the City Council relative to the pre-school. In answer to an inquiry from Mr. Gary, the Planning Director indicated that the Conditional Use Permit which allowed the construction of the Tara Hill Apartments was approved on October 27, 1969, at which time day nurseries were not permitted under the provisions of the Clty's Ordinance. He advised that the current Ordinance does not permit nurseries in an R-4 zone. Mr. Gary then stated that the residents of the Tara Hill Apartments were promised a pre-school by the Larwin Company. In answer to an inquiry from Councilman Kanel, the Building Superintendent indicated that the Larwin Company had been informed that before applying for a license to operate a nursery, certain requirements must be met. He advised -3- City Council Minutes July 26, 1971 that the State Fire Marshall was contacted, and that following an inspection of the building, a list of corrections was submitted to the development company and the City. The Building Superintendent stated that at the present time, the building does conform to all State requirements as well as State Fire Marshall requirements for a day nursery. In answer to an inquiry from Mr, Gary, Councilman Roberts indicated that the issue has been the fact that the developer has not lived up to the standards of the City, and has also failed to keep his promise to the Tara Hill residents. PUBLIC HEAI%ING .P~:. CONSIDERATiON O[ qO~DITIONAL]~S~]pERMI~ ~T256: The Mayor Pro-Tem 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 32 unit apartment building on property generally located at 9701 Graham Street, Cypress, initiated by Mr. Peter A. Giovannoni. The Mayor Pro-Tem declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated July 21, 1971, which indicated that the affidavits of mailing, posting and publicati~n of the Publi~c Hearing notice on this matter are on file in the office of the City Clerk, and that no communications have been received in regard to this application. The Planning Director then presented a transparency which displayed the subJ oct property and the surrounding area; following which, he reviewed a report dated July 21, 1971, which described the subject and surrounding properties. The report indicated that the Planning Commission recommended approval of the Conditional Use Permit, subject to the conditions listed in Planning Commission Resolution No. 539. Councilman Roberrs indicated that since the City Council had scheduled a Public Hearing to consider a precise alignment of an east-west street between Walker Street and Graham Street (extension of Hanover Drive), to take any action on this particular property prior to conducting that Public Hearing would be premature. It was moved by Councilman ROberrs and seconded by Councilman Lacayo to continue the Public Hearing for Conditional Use Permit No. C-256 to the City Council meeting scheduled to be held on August 23, 1971~ The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey PUBLIC~EARIN~__RE: .qqNSIDERATION OF AN.AI~P~AL q[ THE P_~I~ING ]COI~!S~ION DENTAT. OF AN APPLICATION FOR AMENDMENT TOTHE.ZONInG ORDIN_ANCE NO, 90, CHANGE Z-201: ~M~or Pro-Tom announced this was the time and place for the Public Hearing to consider' an appeal, submitted by Thomas Van Ruiten, of the Planning Commission denial of an application for amendment to the Zoning Ordinance Noo 90 to change the zone of a certain parcel of land from R-1 (Single-Family Residential) to C-2 (General Comnercial) on property generally located at 11741 Valley View Street, Cypress, known as Zone Change Z-201. The Mayor Pro-Tem declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated July 21, 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. He then read into the record three communications which the City received this date~ from residents of the City of Garden Grove, expressing opposition to the zone change request. The Planning Director presented a report dated July 13, 1971, which transmitted Planning Staff Report No. PC 71-83; a copy of the application; excerpt of -4- City Council Minutes July 26, 1971 Planning Co,,n~ssion Minutes pertaining to the subject zone change; Planning Co~m~ ssion Resolution No. 530; and a map of the subject location. The report indicated that all protests were from residents of Garden Grove, to the south of the subject property. The Planning Director indicated that currently there is a dairy operation on the subject property, which is operating under a Conditional Use Permit which has been in effect for the past 10 years. In answer to an inquiry from Councilman Roberts, the Public Works Director indicated that the difference in right-of-way on Valley Veiw Street between the City of Garden Grove and the City of Cypress, is due to a service road in the City of Garden Grove. He stated that the curb to curb width and median width is the same in both cities. Addressing the Council in favor of the application, was the applicant, Mr. Thomas Van l~iten, 11741 Valley View Street. In response to an inquiry from Mr. Van Ruiten Mayor Pro-Tom Kanel indicated that the communications signed by Garden Grove residents would be taken into consideration by the City Council, as they reside within 300' of the property in question. Mr. Van Ruiten than read in full, a petition favoring the zone chan~e; a communication from Mr. Marshall W. Julian, City Administrator, City of Lakewood, which indicated that Mr, Van Ruiten operates a drive-in dairy which sells beer and wine in that City, and that no problems have resulted; and a communication from Mr. Ronald D. Weldrum, Assistant Principal, Artssis High School, which indicated that there have not been any problems due to the beer and wine license which was issued to Mr~ Van Ruiten for the sale of alcoholic beverages at the Dutch Mill Dairy, located across the street from the school. Mr. Van Ruiten stated that he felt that one of the basic reasons for the Planning Commission denying the zone change request was because of the hardships which the Garden Grove shopping center is experiencing, He indicated that in Cypress, the nearest con~nercial zoning is one and one-half miles from his dairy. He further indicated that the sale of beer and wine would not create a traffic problem on Valley View street, which was one of the arguments expressed against the zone change. In answer to an inquiry from Councilman Lacayo, Mr. Van Ruiten indicated that he has a two year lease with a 10 year option, with an option to buy the property. In response to an inquiry from Councilman Roberrs, the applicant stated that the request for the commercial zoning of the property is to allow for an expansion of the current dairy operation. As a point of clarification, the City Attorney indicated that the drive-in-dairy is a pro-existing non-conforming use, and that there is no fixed termination of this use. He further indicated that even if the zone were changed to C-2, a modification of the existing Conditional Use Permit would be required to permit the sale of alcoholic beverages on the premises. In answer to an inquiry from Councilman Lacayo, the applicant stated that his reason for requesting the zone change was to be in a better position to obtain a beer license. Mrs. Daryle Ellwart, Cypress Chamber of Commerce Manager, addressed the Council referring to the communications which were read opposing the zone change. She stated that she was very opposed to limiting free enterprise. At the request of Councilman Lacayo, the City Manager read the uses which are permitted in a C-2 zone. Mr. Buehler, 5921 Santa Catalina, Garden Grove, spoke in opposition to the cormuercial zone for the subject property because of all the uses which that zone includes. Mrs. Ann Stone, 5931 Santa Catalina, Garden Grove, addressed the Council opposing the zone change request because of the proximity of the property to the R-1 residences. Mr. Jim Stone, 5931 Santa Catalina, Garden Grove, stated that he felt the best usage for the property is a dairy to serve Garden Grove and Cypress. -5 - City Council Minutes July 16, 1971 Mrs. William Pence, 11771 Valley View Street, Garden Grove, stated that she felt that changing the zone to commercial would be spot zoning. In response to an inquiry from Mrs. Nancy Bushlet, 5921 Santa Catalina, Garden Grove, the City Manager indicated that excerpts of the Planning Commission Minutes of the meeting when this matter was discussed, were made available for the City Council to review. Mr. Milho, 5941 Santa Catalina, stated that he was opposed to the zone change application. In answer to a question from Mr. Milho, the applicant stated that the Conditional Use Permit for the dairy operation has been in effect for 10 years; however, he has operated the dairy since February. Mr. Van Ruiten again addressed the Council stating he felt that the concern expressed by the nearby residents was unfounded. In answer to an inquiry from Councilman Roberrs, the City Attorney indicated that when this matter appeared before the City Council previously, it was to consider the modification of the Conditional Use Permit to permit the sale of alcoholic beverages, which could not be done as the C-2 zone is the only zone which permits the sale of alcoholic beverages. Following discussion, it was moved by Councilman Roberrs, seconded by CounCilman Lacayo and unanimously carried to close the Public Hearing. Councilman Roberrs stated that while the arguments in favor of the application are persuasive, he felt that the zone should not be changed purely for the purpose of obtaining a beer and wine license. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to deny the appeal of the Planning Commission denial for Zone Change Z-201. Councilman Lacayo stated that he shared the concern expressed by those who reside in the proximity of the dairy, and further, his main concern is that the property should be zoned according to its highest and best use. Councilman Kanode stated that the fact that there is cov~n~rcial activity a short distance from the property, in the City of Garden Grove, is not an indication why this property should not be zoned commercial. He stated that this particular piece of property has had a tommartial use for years, and the homes which have been developed, have been developed around that usage~ He added, that should the dairy cease to operate, and a commercial usage is no longer permitted, the City will be faced with a piece of property which has little value as R-1. Councilman Kanode than indicated that the City Council should be considering the highest and best use for the subject property, and not the fact that the applicant stated that his request for the zone change was based on obtaining a beer and wine license. Councilman Kanel stated that he did not feel that the property was properly zoned, and suggested that'the Planning Commission conduct a study on this parcel, along with other parcels which have bean before the Council for discussion, and which it was felt were not zoned properly, and submit recommendations to the City Council as to what they would consider the highest and best use. He further stated that at this particular time, he did not feel that the property should be zoned C-2. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, Roberrs and Kanel NOES: 1 COUNCILMEN: Fanode ABSENT: 1 COUNCILMEN: Harvey It was moved by Councilman Kanode, seconded by Councilman Robarts and unanimously carried to direct the Planning Commission to study this particular property as to its highest and best use and zoning, if the tract map for the adjacent property is approved. -6 - City Council Minutes July 26, 1971 RECESS: Mayor Pro-Tom Kanel declared a recess at 9:15 p.m, The meeting was called back to order at 9:25 p.m., with the following Councilmn present: ~ PBES~T: Couacilmen Kanode, Lacayo, Roberrs and Kanel ABSENT: Mayor Harvey PUBLIC HEARING RE: CONSIDERATION OF ANNEXATION NO. 71-2: The Mayor Pro-Tern anhomaea this was t~e ~me' 'and 'pl'a~ 'for ~he ~ubi~c ~e'a'ring to consider Annexation No o 71-2. The Mayor Pro-Tom declared the Public Hearing open, and requested the Staff to present its report. The City Manager presented a report dated J ul y 20, 1971, which indicated that as set forth in City Council Resolution No. 1181, adopted at the City Council meeting of June 14, 1971, a Public Hearing has been scheduled to allow the property owners within Annexation 71-2 an opportunity to outline any objections or protests which they might have in reference to the annexation. The report advised that the affidavits of publications, posting and mailing of the Public Hearing notices are on file in the office of the City Clerk, and no written protests have been received. The report further indicated that Annexation 71-2, which consists of 8.08 acres, ten parcels of land and a total assessed valuation of $55,180, is an uninhabited annexation located generally in the vicinity of Walker and De Long Street, except for the frontage properties on De Long Street. There being no one to speak in favor of or in opposition to the annexation, it was moved by Councilman Ranode, seconded by Councilman Lacayo and unanimously carried to close the Public Hearing at this time~ It was moved by Councilman Kanode and seconded by Councilman Lacayo to adopt theefollowing Resolution by title only, title as follows: RESOLUTION NO. 1189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS. FINDING AND DECLARING TEAT A MAJORITY PROTEST HAS NOT BEEN MADE IN TEE PROCEEDINGS KNOWN AS "ANNEXATION NO. 71-2," The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kunode, Lacayo, Roberrs and Kunel None Harvey It was moved by Councilman Kanode, seconded by Councilman Roberrs and unanimously carried to read the following Ordinance by title only. Title of the Ordinanceis as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THEANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION NO o 71-2" TO THE CITY OF CYPRESS. /-~ It was mo~ed by Councilm~m Ranode and seconded by Councilman Roberrs to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberts and Kanel- None ~ Harvey -7 - City Council Minutes July 26, 1971 PUBLIC HEARING RE: CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE N0, 90, THE was the time and place for the Public Hearing to consider an Ordinance amending Ordinance No. 90, the Zoning Ordinance, by amending Part 2 regarding certain definitions, amending Part 9 regarding R-3 multiple-family residential zone requirements, deleting Pert 10 of the R-4 high density multiple-family residential zone classification, amending Part 21 regarding off-street parking requirements, amending Part 24 regarding procedures, and amending Part Z5 regarding general provisions, conditions and limitations. The Mayor Pro-Tern declared the Public Hearing open, and requested the Staff to present its reports. The City Manager presented a report dated July 21, 1971, which indicated that the affidavits of posting and publication of the Public Hearing notice are on file in the office of the City Clerk. He then read into the record a communication from Mr. Royce Cohn, Area Manager of the Orange County Chapter of the Building Industry Association of California, requesting a continuance of this item in order to allow an opportunity for him to review the contents of the proposed Ordinance and to submi.t his conrnente. In answer to an inquiry from Councilman Kanel, the City Manager indicated that he was certain that Mr, Cohn had all of the informration relative to this matter, except for the mast recent changes which were made by the Planning Commission at its last meeting. It was the general consensus of the City Council to proceed with the consideration of this item at this time. The Planning Director then reviewed the proposed amendments to the Zoning Ordinance as recommended by the Planning Coxm3ission on July 7, 1971, following two Public Hearings. Mayor Pro -Tem Kanel then asked if anyone from the audience wished to address the City Council speaking in favor of the proposed Ordinance. Mr. Carl Rodgsrs, 12134 E. 14th Street, Hawaiian Gardens, Califo~nia stated that he ow~s property which is located at 8781 Walker Street, Cypress. Mr. Rodgets indicated that if the density is lowered to 21 units per acre, there would be no advantage in annexing to the City. Mr. Clay Landenberger, 9090 Moody Street, Apartment #251, addressed the City Council asking what effect the proposed Ordinance would have relative to the pre-school which has been proposed for the Tara Hill Apartments. The City Manager explained that a modification of the existing Conditional Use Permit on the property in question would be necessary, and a permit would have to meet the criteria set forth in the proposed Ordinance. The Planning Director indicated that there was not a recommnendation from the Planning Commission regarding the size of the swimming pool. Mr. Landenberger stated that he felt there should be a provision which would require a certain size swimming pool in relationship to the number of people in a multiple-family development. At the request of Councilmm% Lacayo, the City Manager then read the specifications which must be met in order to operate a day nursery. In response to an inquiry from Councilman Roberrs, the City Manager indicated that to his knowledge, the Larwin Company had not contacted any members of the City Staff within the last four weeks. The Planning Director stated that copies of the proposed Ordinance had been forwarded to the Larwin Company. Mr. Peter RIce, 9090 Moody Street, addressed the City Council stating that he had talked to a representative of the Larwin Company by the name of Mr. Krasny, concerning the day care center and several other items. Mr, Rice indicated that Mr. Krasny had advised that he would be attending this meeting of the City Council. Mr. Clay Landenberger stated that he had also spoken with Mr. Krasny in reference to the pre-school, and was informed by him that the Larwin Company had complied with the requirements for the day care center; however, the City had refused to -8- City Council Minutes July 26, 1971 issue a Variance. Discussion ensued regardihg the fact that the representative from the Larwin Company had not appeared at this meeting of the City Cotmcil as he had indicated. The Resident Manager of the Tara Hill Apartments, addressed the Comcil stating that he was informed by Mro Krasny that he would= not be able to attend the Cypress City Comcil meeting this evening, as he had a meeting to attend in Northridge. The City Manager[ stat%d that the City had no provision under its code to grant a Variance for the pre-~chool operation, and further indicated that an application for the day care center had never been received by the City. He added, that the City has been approached with regard to the operation of the nursery as a non-profit operation, but that an application had never been filed. In response to an inquiry from Mr. Landenberger, the City Attorney advised that under the provisions of the Ordinance under consideration, if there are four or more children being cared for in a given facility regardless of whether it is a co~mnercial operation or a non-profit operation, it would fall within the provisions of the Ordinance requiring that certain standards must be met; however, he added, there isa provision for a variance from the standards if it is determined that a hardship exists whereby certain standards cannot be met. Mr. Jack Gary, 9090 Moody Street, expressed his appreciation relative to the proposed Ordinance, stating that he considered it to be a step in the right direction. He then offered several suggestions for' consideration, including a provision which would allow the n~nimum square footage for day nurseries to vary according to the number of children in the complex which would be attending, s~d a provision regulating the size of swimming pools, as suggested earlier, Mr. Gary the~l elaborated on the problems which have been encounte=ed with regard to the swinmling pool at the Tara Hill Apartments, stating that a severe health problem could very likely result° The Mayor Pro-Tem asked for those in opposition to speak~ Mr. James Duncan, 9582 S~ Walker Street, stated that he felt that the Ordinance is unfair to the small property Owner. Mr. Duncan primarily expressed opposition to the density which is proposed, and then urged the City Council to disregard the entire Ordinance. The City Attorney stated that pre-existing legally created lots which are in an R-3 zone ~y be Built upon ~rlthout regard to the lot size. Re indicated there could be reasons for varying from other pinvisions of the Ordinance if the lot size was non- conforming. He further advised that with the exception of the lot size, all provisions of the Ordinance would be applicable to the existing R-3 properties, subject to a Variance. The City Attorney indicated that a Variance would not be applicable insofar as increasing the density is concerned. Mr. Hyter, Loan Officer, Keystone Savings and Loan, addressed the Council stating that he had several projects in the City of Cypress. Mr. Hyter stated that he felt the Ordinance was far too restrictive to the prospective developer, and then indicated that he felt the City should continue to operate under its current Ordinance. In response to an inquiry from Mr. Richard Bradshaw, Creative Environment, Inc,, 2110 Katella Avenue, Anaheim, the City Attorney indicated that the provisions of the proposed Ordinance, if adopted, would be applicable to all approved Conditional Use Permits on which Building Permits have not been issued. He stated that the City Council will have to decide whether or not they wish the Ordinance to apply to the approved Conditional Use Permits that are now outstanding. Mayor Pro-Tem Kanel declared a recess at 11:15 p.m. The meeting was called back to order at 11:30 p.m.. with the following Councilmen present: -9- City Council Minutes July 26, 1971 PRESENT: AB SENT: Councilman Kanode, Lacayo, Roberrs and Kanel Mayor Harvey It was moved by Councilmm~ Robarts ~nd seconded by Councilman Lacayo to close the Public Hearing. Discussion was held relative to whether or not this matter should be continued to a time when all Councilmen would be present ~ In response to a statement by Councilman Kenode, the City Attorney indicated that there will be instances when revisions to the proposed Ordinance will be desireable. Following discussion concerning methods of amending the Ordinance, the motion to close the Public Hearing was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberts and Kanel None Hackney Councilman Roberrs then requested the City Attorney to prepare a !clause for insertion in the Ordinance at the time in which it is adopted, which would exclude those projects which have previously been approved by the City Council smd which would allow the developers the normal length of time for the existence of their Conditional Use Permit. In answer to an inquiry from Councilman Kenode, the City Attorney indicated that once construction of a development is begun, the developer is entitled to continue the construction, as long as iu is diligently pursued° Councilman Roberrs stated that since the adoption of this Ordinance will eliminate the review of the multiple-family developments coming before the City Council, he would again like to urge his fellow Councilmen to consider a change to the City's Ordinance which would allow any Councilman to.appeal a decision made by the Planning tomlesion. The City Manager then indicated that a report from the City Attorney regarding appeal procedures will be available at the next regular meeting of the City Council. Discussion ensued with regaxds to amendments to the Ordinance, whereas the City Attorney requested that in addition to the clause which would exclude those develop- ments which have been approved by the City Council, that a severability clause be included. It was moved by Councilman Roberrs and seconded by Councilman Kenode to include in the proposed Ordinance the amendments as suggested, and to read the following Ordinance by title only. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberts and Kanel None Harvey Title of the Ordinance is as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO 90, THE ZONING ORDINANCE, BY AMENDING PAR~ 2, REGARDING CERTAIN DEFINITIONS; AMENDING PART 9, REGARDING R-3 MULTIPLE-FAMILY RESIDENTIAL ZONE REQUIREMENTS; DELETING PART 10, THE R-4 HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ZONE CLASSI- FICATION; AMENDING PART 21, REGARDING OFF-STREET PARKING REQUIRE- MENTS; AMENDING PART 24, REGARDING PROCEDURES; AND AMENDING PART 25, REGARDING GENERAL PROVISIONS, CONDITIONS AND LIMITATIONS. It was moved by Councilman Roberrs and seconded by Councilman Kanode to approve the first reading of the Ordinance. The metion was unanimously carried by the following roll call vote: - 10 - City Co%mcil Minutes July 26, 1971 AYES: NOES: AB SENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILI~N: Kenode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilman Roberrs and seconded by Councilram% Lacayo to adopt the following Urgency Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO, 456 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOMNDING AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR INTERIM STANDARDS FOR MJLTIPLE- FAMILY DEVELOPMENT IN HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL ZC~E (R-4). The motion to adopt Ordinance No ~ 456 was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: I COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey Following a brief discussion regarding certain amendments to the Urgency Ordinance, it was moved by Councilram1 Roberrs and seconded by Councilman Lacayo to rescind the previous action of the City Council. The motion was unanimously carried by the following roll cell vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilmm~ Roberrs and seconded by Councilman Lacayo to adopt the following Urgency Ordinance, which will include a clause which will exclude those projects which have been approved by the City Council previous to the adoption of this Ordinance, along with a severability clause. Title of the Ordinance is as follows: ORDINANCE NO~ 456 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS RECOMMENDING AMENDING ORDINANCE NO. 90, THE Z~NING ORDINANCE OF THE CITY OF CYPRESS PROVIDING FOR INTERIM STANDARDS FOR MULTIPLE- FAMILY DEVELOPMENT IN HIGH DENSITY I~jLTIPLE-FAMILY RESIDENTIAL ZeNE (R-4). The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kanel None Harvey It was moved by Councilman Roberrs, seconded by Cooncilman Lacayo and unanimously carried to consider Item No ~ 13 on the agenda at this time, CONSI~E__RATION Q~_~ _P~Q_UE~T~TO .REq0MS!D~R _T~E "NO PARKING" RESTRICTION ON THE EAST SIDE OF _MDO~_S~T_I~_ET _ADJ. A.CENT Tq '~HE ~.ARA _HILL _AP.,A~.~.I~.~TS: The City Manager presented a report dated July 21, 1971 which indicated that the Advisory Traffic Comm4ttee, at its meeting of January il, 1971, reafflrn~d its original reconmendation made to the City Council which called for 20 feet of '~o Parking" area on both sides of the driveway into the Tara Hill apartment complex~ The report advised that this action was taken as a result of two letters received by the Committee which requested reconsideration of the '~o Parking" restrictions which was changed by the City Council to prohibit parking along the entire Moody Street frontage adjacent to the Tara Hill Apartments. - 11 - City Council Minutes July 26, 1971 At the invitation of Mayor Pro-Tem Kanel, Mr. Clay Landenberger, Tara Hill Apartments, addressed the City Council stating that he wrote one of the communications which t-he City received relative to this matter, and that his request for reconsideration was based on the fact that the "No Parking" restriction was in conflict with the recommend- ation of the Advisory Traffic Committee, and further, that he felt it was not in keeping with sound engineering principles. Mr. Landenberger stated that the "No Parking" restriction has created many problems for both residents of the complex and their guests. Mr. Ross Spalding, 261 Tara Hill Apartments, stated that the '~o Parking" restriction has caused him a great deal of inconvenience. Mr. Roger Nixon, Tara Hill Apartments, stated that he considered the parking restriction to be a direct harassment to the residents of the Tara Hill Apartments, as it is only in front of the apartments, and not in front of the R-1 residential area which has the exact same conditions. Mr. Peter Rice, Tara Hill Apartments, stated that the parking restriction has caused his guests a great deal of inconvenience. Councilman Roberts reviewed the reasons for the previous action by the City Council, and stated that he had never lodged a complaint or harassed in any way, the residents of Tara Hill. He further stated that he did, however, urge certain modifications to the City's standards regarding apartment development. Mr. Jack Clay, Tara Hill Apartments, took exception in that the Staff had not recommended that the entire area in front of the Tara Hill Apartments be restricted. In answer to a statement from Mr. Clay, the Public Works Director indicated that the original request concerning a "No Parking" area was in writing, from the Assistant Manager of Tara Hill, requesting a two-hour parking zone. He then indicated that the Traffic Engineering Assistant, Don Barker, advised that he had found that there was sufficient guest parking available at the complex. He stated that the Advisory Traffic Committee, after studying this matter, recommended to the City Council that there be 20 feet of "No Parking" on both sides of the driveway into the apartment con~lex. Mr. Clay then stated that it was clear that the Larwin Company, in a devious manner, created a conflict between the tenants of the Tara Hill Apartments and the City Council, following which, he requested that the '~o Parking" restriction be removed. Mayor Pro-Tem Kanel indicated that the '~o Parking" restriction along the entire Moody Street frontage was the result of a request from Councilman Roberts. Discussion was held regarding the Larwin Con~any, whereas Councilman Roberts indicated that he felt the Company has not been required to perform according to the City standards; and that through legal techniques, the Company has consistently been able to obtain exceptions to the City standards. Councilman Roberts then indicated that while the problem of guest parking at the Tara Hill Apartments would not be solved, he would not be opposed to limiting the "No Parking" area to 20 feet on both sides of the driveway into the apartment complex. ~t the request of Councilman Kanode, the City Manager read the City Council Minutes of the meeting when the '~o Parking" discussion was established. It was moved by Coancilman Kanode and seconded by Councilman Roberts to adopt the following Resolution, establishing '~o Parking" areas 20 feet on both sides of the driveway into the Tara Hill apartmant complex, by title only. Title of the Resolution is as follows: RESOLUTION N0. 1190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING NO PARKING AREAS. The metion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel None Harvey Mayor Pro-Tern Kanel stated that in answer to certain remarks which have been made this evening relative to the construction of certain developments in the City being performed in an illegal manner, he would like to have it clarified that those are matters of interpretation; and that the City Council, when considering the Tara Hill Apartments, had the interpretation of the City Attorney. He added, that any permits which are granted by the City Council, whether for the Pacesetter Homes, Mr. Giovannoni, Larwin Company or Mr. Duncan, are done so on an open basis. He added, that a Councilman may not always be 0~ the winning side; however, the permits are approved by a democratic vote of the City Council. - 12 - City Council Minutes July 26, 1971 In answer to an inquiry from Councilman Lacayo, the Resident Manager of the Tara Hill Apartments stated that there are posted signs within the complex for visitor parking. At this time, it was moved by Councilman Lacayo, seconded by Councilman Kanode and unanimously carried to consider Items No. 1-4, 10, 11, 21, 22, 23 and 24 on the agenda. CONSENT CALENDAR: The Mayor Pro-Tem announced that all matter listed under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendation listed on the agenda. It was moved by Councilman Roberts and seconded by Councilman Lacayo to approve Items No. 1 through 4 on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberts and Kanel None Harvey Item No. 1: Consideration of receipt of the Minutes of the Orange County Mosquito Abatemont District for the maeting held June 17, 1971. Recommendation: Receive and file. Item No. 2: Consideration of request for exemption from Special Permit for the Camp Fire Girls, Orange County Council. Recommendation: That the City Council grant the request of the Orange County Camp Fire Girls to conduct a nut sale in the City of Cypress from January 20, 1972 through February 7, 1972, and that they be granted an exemption from a Special Permit pursuant to Section 15-57 A (1) (b) of the City Code, as outlined. Item No. 3: Consideration of request for exen~tion from Special Permit for the Military Order of the Purple Heart. Recommendation: That the City Council grant the request o f the Military Order of the Purple Heart to solicit home salvage items on a determination in accordance with Section 15-57 A (1) (b) of the Cypress City Code, subject to the condition that all persons associated with the solicitation program register with the Cypress Police Department. Item No. 4: Consideration of claim for damages - American Hardware Mutual Insurance Co. and Frank & Nellie Noe. Recommendation: That the City Council deny the claim submitted and request the City Manager to refer the claim for damages to the City's insurance carrier. CONTINUATION OF CONSIDERATION OF LEASE AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE CYPRESS CHAMBER OF COMMERCE FOR USE OF THE BUILDING LOCATED AT 9471 WALKER STREET, CYPRESS: The City Manager presented a report dated July 21, 1971, which indicated the proposed lease between the City and the Cypress Chamber of Commerce for the use of the building at 9471 Walker Street, Cypress, incorporates the provisions previously discussed by the City Council for the use of the building, including the provision that the Chamber of Commerce will make available the meeting room for community organizations. The report advised that the terms of the lease are also consistent with the agreement between the City and the Cypress County Water District for use of the facility. It was moved by Councilman Kanode and seconded by Councilman Roberts to approve the lease between the City and the Cypress Chamber of Commerce for the use of the build- ing located at 9471 Walker Street, Cypress, for a period of one year, effective July 27, 1971, and to authorize the Mayor to sign and the City Clerk to attest the agreement. The motion was unanimously carried by the following roll call vote: - 13 - City Council Minutes July 26, 1971 AYES: 4 COUNCILMEN: NOES: 0 COL~CILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kenel None Harvey CONSIDE~P-AT_IQN 9~ ~RE~O.R% _ON P_UI~_~C~_~E_O~ iCI~X _~.L4G: The City Manager presented a report dated July 21, 1971, which indicated that pursuant to previous City Council action, the City Manager's office has attempted to secure bids for the purchase of a City flag. The report advised that although several firms were contacted, only one proposal was received. It was suggested that dun to the price break on quentity purchase, that an order of seven City flags would be appropriate. In response to an inquiry from Councilman Lacayo, the City Manager stated that the funds for this project would come from the City's Promotional Account, which contains a sufficient amount of funds to cover the cost° It was moved by Councilman Lacayo end seconded by Councilman Kenode to authorize the purchase of seven City flags at $75.00 each, pursuent to the proposal as submitted by Promotional Flag & Sign Company. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kenel None Harvey CONSIDERATION OF APPROVAL OF COMMERC!A/~ WARRANT LIST FOR WARRANTS NO. ~Z!23 THROUGH 272~:' It was m~ved'by Councilman Roberrs and seconded by Councilman Lacayo to approve the Commercial Warrant List for Warrents No. 27123 through 27230 in the total amount of $151,570.26. The motion was unenimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kenel None Harvey CONSIDERATION OF AN AGREEMENT BETWEEN THE qY~RESS __RECREAtiON __AND :~ARK DISTRICT AND THE CYPP, ESS SCHOOL DISTRICT: The City Manager presented a report which indicated that the City Council, acting as Ex Officio Board of Directors of the Recreation end Park District, is requested to approve an agreement prepared by the County Council between the Cypress Recreation end Park District and the Cypress School District for use of a portion of the property now developedas the Swain School, for park and recreation purposes. The report advised that the proposed agreement is consistent with past agreements between the Park District and the School District for Joint use of school property. It was moved by Councilma~ Lacayo and seconded by Councilman Kenode to approve the proposed agreement between the Cypress Recreation end Park District and the Cypress Elementary School District for use of the property at Swain School for park and recreation purposes, end to authorize the Chairm~a of the Board to sign and the Clerk of the Board to attest the agreement~ The motion was unenimously carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kenode, Lacayo, Roberrs and Kenel None Harvey SEqQND RE ~ADI_Nq q~ A'q .0Ri]~INANCE AMENDIN_G_THE_CIT~ .CO~ _R~_G~_~NG .T~E D~S!GNA~IQN .OF TH~ C!T~ _HALL: It was moved by Councilman ROberrs, seconded by Councilman Lacayo end unanimously carried to read the following Ordinance by title only. Title of the Ordinence is as follows: ORDINANCE NO, 457 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. - 14 - City Council Minutes July 26, 1971 It wss moved by Councilman Lacayo and seconded by Councilmsm Kanode to adopt Ordinance No. 457. The motion was unanimously carried by the following roll call vote: AYES: 4 COD'NCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Kanode, Lacayo, Roberrs and K~nel None Harvey SECOND READING OF AN O_RDINANCE 4MENDING ZONING OP, DINANCE NO. ~0--ZONE CHANGE ~O. Z~20Q: It was moved by Councilm~n Lacayo, seconded by Councilmsu Roberrs and unanimously carried to read the following Ordinance by title only. Title of the Ordinance is as follows: ORDINANCE NO. 458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AI~NDING THE Z0~ING ORDINANCE NO. 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COMMERCIAL ZONE) TO R-3 (MULTIPLE-FAMILY RESIDENTIAL Z~NE), ZONE CHANGE NO. Z-200. It was moved by Councilman Lacayo and seconded by Councilman Roberrs to adopt Ordinance No. 458. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, Roberrs and Kenel NOES: 1 COUNCILMEN: Kanode ABSENT: 1 COUNCILI~N: Harvey o~ CO _m~N.!C~ATXON_S: There were no oral communi cations at this tim. ADJOURN~T: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to adjourn at 12:45 a.m. to 6:30 p.m. on Monday, August 2, 1971, ATTEST: