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HomeMy WebLinkAboutMinutes 71-08-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITy COUNCIl, HELD August 13, 1971 THe regular meeting of the Cypress City CoUncil was called to oMer at 4:00 p.m., on Monday, August 23, 1971, in the City Council Chambere, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. PRESENT: Councilmen Kanel, Kenode and Harvey ABSENT: Councilmen Lacayo and Robarts Also present were Assistant City Manager Dartell Dalton, City Attorney Jam~s E, Erickson end the following members of the City Staff: Schatzeder, Nudson, Grissom and Bryant. S.~A~ .REP OR~ .AHD. D_I SCUS S. IqNs: At the request of Mayor Harvey, it was moved by Councilman Kanel, seconded by Cotmci]v~ Kanode and ~i~ly carried ~o place ~ the a~da as It~ ~, 6 a., a proclamti~ declaring the week of Septe~er 17t~ throu~ 23r~, 1971, as "Constituti~ Week" in the City of ~ress, s ~atea by ~a n~, md to place m the a~n~ as Item No. 26 a., the c~si~ati~ of a c~ication from the City in ~swer to a letter from Co~r ~w~ mgar~g the City's positi~ relative to the bs ~a~tos Naval ~r Station which appeared r~e~ely in a loul newspa~r. COI3NCILMAN LACAYO ARRIVED AT 4:10 PoM., AND TOOK HIS PLACE ON THE PODIUM. THe Assistant City Manager iadicated that the City has ~eCei=ved a request from the City of Los Alamitos urging that the City of CypreSS send a telegram to various government officials relative to the use of the Los Al~,~tos Naval Air Station for U.S. Army helicopter and aircraft activities; following which, it was moved by Councilman Kanel, seconded by Councilman Kenode and unanimousIF carried to place the consideration of this matter on the agenda as Item No, 14 a. The Assistant City Manager then reviewed with the Council, the plot plan for the apartment project to be located at Lincoln Avenue a~d Grindlay Street, which incorporates the conditions which ware imposed by the City Council. COI3NCILMAN ROBES AKILIVED AT 4:28 P.M., AND TOOK HIS PLACE ON THE PODIUM. Mayor Harvey led a discussion regarding the procedures' for conducting a Public Hearing. It was the ~eneral consensus of the City Council that the Staff would compile a report concerning public Bearing procedures, to he presented to the City Council. It was moved by Cotmctlman Kanel, seconded by Counctl~v~a_n_ Roberrs and unanimously carried to apprave the Minutes of the adjourned regular meetin8 of July 26, 1971, as presented. Considerable discussion was held regarding ghe City 8mmctl Minutes in general. It was the feeling Of the City Council that the S~af~ report back to the Council as to the feasibility of recording the City Cooncii metings electronically, and the use of a brief form for the p~inted sat of Minu~es~ Councilmaa~ Kanel, in referrinJ to the July 26, 1971~Min~cee ef the regular meeting of the City Council, requested that the 6th parajzaph o~ paso 12 be amended to read as follows: City Council Minutes August 23, 1971 "Mr. Jack Clay, Tara Hill Apartments, took exception in that the Staff had not recormnended 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 '~o 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 Advisor7 Traffic Committee, after studying this matter, recommended to the City Council that there be 20 feet of '~o Parking" on both sides of the driveway into the apartment complex o" Councilman Kanel requested that the 7th paragraph on page 12 be amended to read as follows: '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 Council~ Roberrs. Discussion was held regarding the Lar~in Company, 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 ..... " Councilman Kanel further requested that the 2nd paragraph from the bottom of page 12 read as follows: '~ayor Pro-Tem 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 msmner, be 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 Councilm&n may not always be on the winning side; however, the permits are approved by a democratic vote of the City Council." It was moved by Councilman Lacayo Minutes of the regular meeting of the following roll call vote: and seconded by Councilman Kanode to approve the July 26, 1971, as amended. The motion carried by AYES: 4 COUNCILMEN: NOES:' 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: ABSTAINED: 1 COUNCILMEN: Kanel, Kenode, Lacayo and Roberrs None None Harvey It was moved by Councilmm~ Fanel, carried to place on the agenda as of trophies to the Cypress Girl's seconded by Councilman Kanode and unanimously Item No. 14 b., the consideration of authorization Softball League. EXECITEIVE SESSION: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to go into an Executive Session in order to discuss Items No. 17 and 24 on the agenda4 The meeting was called back to order at 6:00 p.m., with all Councilmen present. RECESS: It was moved by Councilman Roberrs, seconded by Councilman Lacayo and unanimously carried to recess at 6:00 p.m., to 7:30 p.m. The meeting was called back to order at 7:35 p.m., in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Robert Harvey presiding. 2 City Co~mcil Minutes August 23, 1971 PRESENT: Councilmen Kanel, Kenode, Lacayo, Roberrs and Harvey ABSENT: None Also present were Assistant City Manager Dartell Dalton, City Attorney James E. Erickson and the following members of the City Staff: Savord, Schatzeder, White, Nudeon, Grissom, and Bryant. PL_E_~ 0]~ .~4J.,LEqI_AIq.Cq~.: Boy Scout Troop 670 led the City Council and audience in the Pledge of Allegiance. At the request of Mayor Harvey, the Assistant City Manager reviewed the actions which were taken by the City Council at its afternoon session, CONSIDERATION OF AWARD OF CONTRACT FOR AIR CONDITIONING 14AINTENANCE CONTRACT: The Assistant City 'M~n&~er r~viewed ~ ~eport 'dated Ad~U~ 'ii~ 19if, w~ich indicated that the City annually awards a maintenance contract for the air conditioning units that are located in the City Council Chambers, Administrative Building, Teen Center facility, Librely, a~d as of this year, the Cypress County Water District Building. The report indicated.that the Building Superintendent advises that Robertshaw Controls Company is qualified to hendle the maintenance and the company does perform in accordance with the specifications which were submitted to all bidders. It was moved by Councilmen Roberrs and seconded by Councilman Kenode to award the maintenance contract for air conditioning to the Robertshaw Controls Company in accordance with Quotation No. 7172-8, received August 9, 1971. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Fanel, Kenode, Lacayo, Roberrs and Harvey None None ORAL_ CO_MMUNFATIO~S: Mr. James Duncan, 9582 S. Walker Street, Cypress, addressed the City Council requesting clarification as to why his development plans were rejected by the Planning Department; to which the Assistant City Manager indicated that he would investigate the umtter and notify Mr. Duncan as to what remedies would be available. Mr. Duncan then expressed concern in that the new multiple-family zoning ordinance is not fair to the smell property owner because of the low density requirements. Mr. Michael Osborn, 9532 Sonwell Place, Cypress, inquired as to whether the notice of Public Hearing which he received relative to Zone Change No. Z-202 is technically correct. In response to an inquiry from Councilman Kanel, Mr. Osborn indicated that he was the only person from his tract which is attending the meeting this evening, A brief discussion was held regarding President Nixon's recent report on the economics of this Country, whereas, the Assistant City Manager, in response to an inquiry from Cooncilman Lacayo, indicated that it would have an effect on the City employees in that they would not be able to receive a merit increase within a 90 day period. It was moved by Councilman Roberrs and seconded by Councilman Kenode tO place on the agenda at this time, the consideration of the formation of a committee to further explore the Presidentts message relative to the economic situation, and the effect that it might have regarding fees and service charges of the City. The motion was unanimously carried by the following roll call vote: AYE S: NOES: AB SENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None -3- City Council Minutes August 23, 1971 It was mo'ved by Councilman Roberrs and seconded by Councilman Kenode that a committee be formed consisting of the Assistant City Manager, the City Attorney and the Finance Director for the purpose of determining the effect that the President'e meesage regarding economics would have on the City of Cypress, and to report back to the City Council at its next regular meeting scheduled to be held on September 13, 1971. The motion was unanimously carried by the following roll call vote: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberts and Harvey None None At this time, Mr. Chuck Bryant, Recreation and Park Director displayed a medal which was won by the Cypress Girl's Softball Team for their recent championship. CON___TI~O~pF_PUB~IC ~EARI~q RE: CONDITIONAL USE PERMIT C-256: The Mayor announced this was the time and place for 'the continU~t~o~ '~ 't'he P~l~ Hearing to consider an application for a Conditional Use Permit which would allow the construction of a 31 unit apartment building on property generally located at 9701 Graham Street, Cypress, initiated by Peter A~ Giovannoni. The Mayor announced the P~blic Hearing was open, and requested the Staff to present its repo~s. The Assistant City Manager presented a report dated August 17, 1971, which indicated 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 communications have Been received in regards to this matter. rne Assistant City Manager then reviewed a report dated July 21, 1971, which described the subject and surrounding properties. The Assistant City Manager, in answer to an inquiry from Mayor Harvey, indicated that if the ConditiDnal Use permit for the subject development a~e secured prior to September 9, 1971, ~he development would not be affected by the City~s new multiple-unit Ordinance~ Because the Councilmen were missing a report pertaining to this matter, it was moved by Councilmen Lacayo, seconded by Councilman Kenode and unanimously carried to consider this item after the consideration of Item No, 9 on the agenda~ PUB~!q_~E_A!I_I~G _RE~: _~_~NE _~HANG~_ NO ~_~-~_02~j. Mayor Harvey indicated that the City has received a communication from the applicant requesting that Zone Change No. Z-202 be considered after the Public Hearing which is scheduled as the next item on the agenda, which is the consideration of a Conditional Use Permit for development of the subject property. The City Attorney advised that the Conditional Use Permit could be approved by the City Council, subject to the approval of the change of zone. It was moved by Councilman Roberrs and seconded by Mayor Harvey to consider Item No. 9 cn the agenda at this time. 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 PUB~!q~F~R!NG~_RE~ _qQNDI~ION4L_~_~_RM.!T NQ. C-~6~: 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 79 unit multiple family development, a child care center, and co~mercia~ buildings including an office, on property generally located at the southwest corner of Orange Avenue and Valley View Street, Cypress, initiated by Floyd G. Marcusson and Albert C. Sykes. The Mayor announced the Public Hearing was open, and requested the Staff to present i~s reports. -4- City Count~l Minutes August 23, 1971 The Assistant City Manager presented a report dazed August 17, 1971, which indicated the affidavit of posting of the notice of continuation cf Public Hearing is on file in the office of the City Clerk, and no communications have been received in regard to this matter° The Assistant Clny Manager then reviewed a report from the Planning Department dated August 17, 1971, which outlined fifteen conditions which are suggested if the Permit approved by the City Co~mcil, and referred to Planning Staff Report PC 71-91, both of Which ate on file in the office of the City Clerks The applicant, M~ Floyd G~ Marcusson, 9706 Compton Blvd., Bellflower, California, addressed the City Council stating that both he and Mrs. Sykes have owned the subject property for approximately eight years, and have attempted, unsucessfully, to develop the p~operty~mmercially~ At the request of Mr. Marcusson, the architect for the project onder con~ide=ation~ Mr. Borders, 3535 Farquhar Avenue, Los Alamitos, California, described the rendering of the proposed development. Mr. Michael Osborn, 9532 Sonwell Place, Cypress, stated that he felt that the development would bring commercial development, which is needed in the City, to that area. He then stated that he would like to have an opportunity to study the rendering of the develop~ matt, after ~nich time, he would again address the Council. Mr. Marcusson stated that he would certainly comply with the conditions which were suggested by the Planning Department~ He indicated that an opening is planned which would permit access from the apartment development to the commercial development~ He stated that he would prefer not to have a condition imposed which would stipulate that the foundations for the commercial development must be in at the time in which the building permits are secured, as i t would reduce the flexibility of the developers. He added, that ~ney will have to comply with the conditions set forth on the Conditional Use Permit. The City Attorney advised ~nat generally, the City Council could not esquire the applicant to post some guarantee that he would construct the commercial portion of developmen~ He further advised that the applicant is bound to develop what is shown on ~he plot plan, and that any changes to the plan, would have to come before the City Council for a modification~ The applicant then stated that he would prefer to have a period of at least one year to proceed wi~h the development of the multiple portion before starting construction of the commercial development. T~e Assistant City Manager, at the request of the Council, reviewed the Planning Commission Minutes of July 1, 1971, at which time the Planning Commission denied the request for the Conditional Use Permit ~ The City Attorney advised that there are two provisions, Sections 117o2 and 117 ~5, regarding the Planned Development zone, which are inconsistent o He stated that the density requirements for the R-3 and R~4 zones under the new Ordinance, are 21 and 30 units, respectively~ Mr, Michael Osborn stated that he was in favor of the proposed development; however, urged the Council to assure adequate privacy to the R-1 residents adjacent to the proposed development, and further, that the Council require the completion of the development within a certain period of time. There being no one to speak in opposition to the application, Mayor Harvey closed the Public Hearing. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to support the Planning Commission's denial of Conditional Use Permit C-262~ Councilman Kanel indicated that although there are problem connected with the intezpretations concerning the Planned Development zone, he would be voting in opposition to the motion to deny the Conditional Use Permit, He added, that he was opposed to this matter when it was before the City Cotmoil previously; however, as with the property which had been considered at Ball Road and Holder Street, he has since felt that the change of zone would be appropriate, -5 - City Council Minutes August 23, 1971 Mayoz Harvey indicated that as previously expressed when this property was under consideration by the City Council, he felt that it is a difficult piece of property to develop, and is not prone to cor~nercial development because of its proximity to Lincoln Avenue and Valley View Street ~ Mayor Harvey indicated that he felt that Valley View Street and Ball Road would be a more suitable location for commercial development, The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Roberts Kanel, Kenode and Harvey None It was moved by Councilman Kenode and seconded by Councilman Kanel to approve Conditional Use Permit C-262 subject to the conditions as outlined in the report to the City Council from the Planning Department, dated August 17, 1971, with the follow- ing conditions: (1) That the Permit would be granted subject to the change of zone from C-2 to Planned Development, ~ld (2) A 3' landscaped area along the westerly edge of the property line would be required. It was mDved by Councilmem Lacayo and seconded by Councilman Roberrs that the maximum dens ity for the project under discussion be set at 21 units per acre, and that the one story building which is proposed at 10' from the R-1 zone conform to the setback requirements of the R-3 zone Councilman Kenode indicated that the request for the zone change request to Planned Development would be considered as the next item, and that it is up to the discretion of the City Cotmoil to determine whether or not there should be a different setback than is required under the R-3 zone. Following discussion, it was moved by Councilman Roberrs and seconded by Councilman Lacayo to end the debate on the amendment, The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo, Roberrs and Harvey Kanel and Kenode None The amendment to the motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Lacayo and Roberrs Kanel, Kenode and Harvey None It was moved by Coancilman Roberrs and seconded by Councilman Lacayo that a condition be added which would require the developer to construct a second screening fence, architecturally compatible to the project, along the west property line and the southern perimeter of the property. Councilman Kenode stated that he felt that the trees and the pazking area along the western portion of the property provide sufficient screening; however, he would not be opposed to screening the southern azea of the property° Councilmen Roberrs and Lacayo then amended their motion to include only the southern perimeter of the property. The amendment to the main 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 Lacayo and seconded by Councilman Kenode that the following conditions be required: (1) A driveway will be constructed to connect with the entrance of Marilyn Drive, and (2) A continuous wall from Orange Avenue to the south driveway between the commercial and residential will provide pedestrian access through the wall by temporary locked gates. The motion was unanimously carried by the following roll call vote: -6 - City Coumcil Minutes August 23, 1971 AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COLRqCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilman Roberts and seconded by Councilman Lacayo to require that, as a condition, the applicant secure permits requiring the foundations for the commercial development to be poured. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 3 COUNCILMEN: 0 COUNCILMEN: Lacayo and Roberrs Kanel, Kanode and Harvey None Councilman Roberrs stated for the record, that what the City has done this evening, is to approve an R-3 development to the density of the old standards in an area close to R-1 homes. He stated that he predicted the same type of problems which have been existent in the past, because the general standards have been ignored, He further added, that although the parking lot has been improved by Councilman Kanel's request for planting, problems to the R-1 residents will be created by the parking, litter, etc. which will result from the parking in~nediately behind them. He further conmented that he felt that the development will create an extremely difficult problem for the City, and stated that every single action which would have required the completion of the conmercial development has been def~ated, and expressed concern in that hardships may result a year from now which will prevent the com-ercial portion of the development, and that sometime in the future, a City Council will be faced with having to add more multiple family units on the property to the west. Councilmem Lacayo, for the record, indicated that he was concerned that many man-hours and a considerable amount of money has been spent enacting a new Ordinance establishing minimum requirements for R-3 and R-4 zones. He stated that this Conditional Use Permit, which is coming under a Planned Development zone, is not only in violation of the new Ordinance which will be enacted on September 9, 1971; but is also in violation of the' old Ordinance if this project were to be developed in R-3 or R-4. He stated that he did not feel that this Council has acted in the best interests of the City by using P.D~ as a vehicle in deviations from the Ordinance which has been established so that the City could have a much better integrated community with a lower density. Mayor Harvey then stated that there has been a liberal use of the term "violation" when referring to the Ordinances, and then indicated that the City Attorney had advised the Council that if this item were approved, it would not be in violation of the City's Ordinance. The motion to approve Conditional Use Permit C-262 carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode and Harvey Lacayo and Roberrs None Conditions of approval are as follows: 1. Final architectural plans shall be approved by the Planning Commission. 2. Final landscaping plans shall be approved by the Planning Commission. 3. Drainage shall be solved to the satisfaction of the City Engineer. 4. Either of the following alternates shall be acceptable in solving drainage in this development: (a) Reinforced concrete structure, similar in design to the structure in Tract #5560, shall be constructed from the west property line to Valley View Street along the south boundary and concrete block walls be constructed to secure the channel against encroachment. - 7- City C~rmcil Minutes August 23, 1971 It was moved by Councilman Roberrs and seconded by Councilman Kenode that a committee be formed consisting of the Assistant City Manager, the City Attorney and the Finance Director for the purpose of determining the effect that the President'e message regarding economics would have on the City of Cypress, and to report back to the City Council at its next regular meeting scheduled to be held on September 13, 1971. The moticn 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 At this time, Mr. Chuck Bryant, Recreation and Park Director displayed a medal which was won by the Cypress Girl's Softball Team for their recent championship. C__ONTIN]~6~!O~ QF.PUBLIC HEARING lIE: CONDITIONAL USE PERMIT C-256: The Mayor announced this was the time and place for the continuation cf the Public Hearing to consider an application for a Conditional Use Permit Which would allow the construction of a 31 unit apartment building on property generally located at 9701 Graham Street, Cypress, initiated by Peter Ao Giovannoni. The Mayor announced the Public Hearing was open, and requested the Staff to present its reports. The ASsistant City Manager presented a report dated August 17, 1971, which indicated 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 connunications have been received in regards to this matter. The Assistant City Manager then reviewed a report dated July 21, 1971, which described the subject and surrounding properties. The Assistant City Manager, in answer to an inquiry from Mayor Harvey, indicated that if the Conditional Use permit for the subject development are secured prior to September 9, 1971, the development would not be affected by the City's new multiple-unit Ordinance~ Because the Councilmen were missing a report pertaining to this matter, it was moved by Councilms~n Lacayo, seconded by Councilman Kenode and unanimously carried to consider this item after the consideration of Item No, 9 on the agendao PUBLIC HEARING lIE: ZONE CHANGE NO. Z-202: Mayor Harvey indicated that the City has re'~a ~ '~onnu~Ca~g~ ~gm [~ ~l~c~n~'t requesting that Zone Change No. Z-202 be considered after the Public Hearing which is scheduled as the next item on the agenda, which is the consideration of a Conditional Use Permit for development of the subJect property. The City Attorney advised that the Conditional Use Permit could be approved by the City Council, subject to the approval of the change of zone. It was moved by Councilman Roberrs and seconded by Mayor Harvey to consider Item No. 9 on the agenda at this time. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 CODlqCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberrs and Harvey None None PUBL!q ~EA_R!~G_RE~ _qQNDI%!O~_AL_~E_~ER~MI_~ ~Q, q-~6~: 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 79 unit multiple family development, a child care center, and con~nercial buildings including an office, on property generally located at the southwest corner of Orange Avenue and Valley View Street, Cypress, initiated by Floyd G. Marcusson and Albert C. Sykes. The Mayor announced the Public Hearing was open, and requested the Staff to present its reports. -4- City Co~mcil Minutes August 23, 1971 'I~e Assistant City Manager presented a report dated August 17, 1971, which indicated the affidavit of posting of the notice of continuation of Public Hearing is on file in the office of the City Clerk, and no communications have been received in regard to ~his matter! The AssisLant Clty Manager' then reviewed a report from the Planning Department dated August 17, 1971, which outlined fifteen conditions which are suggested if the Permit approved by the City Council, and referred to Planning Staff Report PC 71-91, both of which axe on file in the office cf the City Clerk~ The applicant, Mro Floyd Go Marcusson, 9706 Compton Blvd,, Bellflower, California, addressed the City Council stating that both he and Mr~ Sykes have owned the subJect propercy far approximately eight years, and have attempted, unsucessfully, to develop the propefty~mmercially~ At the request of Mr, Marcusson, the architect for the project unde~ conside~aticn, Mr. Borders, 3535 Farquhar Avenue, Los Alamitos, California, described the rendering of the proposed development. Mr~ Michael Osborn, 9532 Sonwell Place, Cypress, stated that he felt that the development would bring commercial development, which is needed in the City, to that area. He then stated that he would like to have an oppo~tunity to study the rendering of the develop- ment, after which time, he would again address the Council. Mr. Marcusson stated that he would certainly comply with the conditions which were suggested by the Planning Department~ He indicated that an opening is planned which would permit access from the apartment development to the commercial development~ He stated that he would prefer not to have a condition imposed which would stipulate that the foundations for the commercial development must be in at the time in which the building permits are secured, as i: would reduce the flexibility of the developers. He added, that they will have to comply w~th the conditions set forth on the Conditional Use Permitt The City Attorney advised that generally, the City Council could not require the applicant ~o post some guarantee that he would construct the commercial portion of th~ development l He further advised that the applicant is bound to develop what is shown on the plot plan, and that any changes to the plan, would have to come before the City Cotsoil for a modiftcatiun~ The applicant then stated that he would prefer to have a period of at least one year to proceed with the development of the multiple portion before s~arting ccnstruction of the commercial development, The Assistant City Manager, at the zequsst of the Council, reviewed the Planning Commission Minutes of July 1, 1971, at which time the Planning Commission denied the request for the Conditional Use Permit, The City Attorney advised that there are two provisions, Sections 117.2 and 117 ,5 , regarding the Planned Development zone, which are inconsistent o He stated that the density requirements for the R-3 and R-4 zones under the new Ordinance, are 21 and 30 units, respectively, Mr. Michael Osborn stated that he was in favor of the proposed development; however, urged the Council to assure adequate privacy to the R-1 residents adjacent to the proposed development, and fuzther, that the Coluntil require the completion of the development within a certain period of time. There being no one to speak in opposition to the application, Mayor Harvey closed the Public Hearing~ Yt was moved by Councilman Roberrs and seconded by Councilman Lacayo to support the Planning Co~Enission's denial of Conditional Use Permit C-262. Councilman Kanel indicated that although there are problems connected with the interpretations concerning the Planned Development zone, he would be voting in opposition to the motion to deny the Conditional Use Permit. He added, that he was opposed to this matter when it was before the City Council previously; however, as with the property which had been considered at Ball Road and Holder Street, he has since felt that the change of zone would be appropriate~ 5 City Council Minutes August 23, 1971 10. ll/ 12~ 13. 14. 15. 17. 18, 19. 20. (b) Developer shall, at his cost, construct a reinforced concrete pipe storm drain across the south boundary of the development to connect to the Master Plan Storm Drain Extension of 7-A-1. The portion of the 30 foot storm easement not required for drainage purposes may be vacated by the City. All secondary and primary utility services shall be underground~ Orange Avenue and Valley View Street shall be developed in accordance with the Master Plan of Streets and Highways. Valley View Street shall be constructed with full landscape center median and automatic sprinkler system and shall be designed so that future extension of the system is possible ~ The design of sprinkler system shall be appzoved by the City Engineer. The developer shall move the southerly driveway on Valley View Street to line up with the centerline of Marilyn Drive to provide for left hand turns to the development~ The developer shall dedicate a four foot tree planting easement on Orange Avenue. Trees shall be provided to comply with Townscape Element of the General Plano The developer shall install a ruffed parkway with fifteen (15) gallon trees forty feet (40') on center on Valley View Street in conformante to the street tree policy of the Public Works Department~ The development shall comply with the Towns cape Element of the General Plan. Soil in planting areas including trees, shall be tested by a qualified agricultural lahoratcry to determine the organic and chemical amendments for optimum growth for the plants specified. The test results shall include concentration of nitrogen, phosphorusm potassium, pH,salinity, sodium status and boron sat uration extract~ Results of these tests with recormnendations of the agricultural laboratory shall be furnished to the Public Works Department fox approval at least thirty (30) days prior to planting date° Necessary fire hydrants shall be installed in accordance with Fire Department requirements and City standards. Plan checking and inspection fees amount to 3~% of the street improvements shall be paid~ Parking shall be in conformance with the requirements of the Planned Development Zone. Any adjustment of the plot plan to meet the parking requirements is subject to the approval of the City Staff. Developer shall conform to all applicable provisions of the City Code. The Conditional Use Permit is subject to the approval of the change of zone of the subject property from C-2 to P~Do A 3' landscaped area along the westerly edge of the property line which would include planting which will grow at a rapid rate to a height of 7 to 8 feet, with final landscaping plans to be approved by the Planning Con~nisston. An additional screening block wall fence, architecturally compatible to the development, will be constructed along the southern perimeter of the property~ A driveway will be constructed to connect with the entrance of Marilyn Drive. A continuous wall from Orange Avenue to the south driveway between the conmercial and residentialwhich will provide pedestrian access through the wall by temporary locked gates, will be constructed. -8- City Council Minutes August 23, 1971 RECESS: Mayor Harvey declared a recess at 10:25 p.m. The meeting was called back to order at 10:35 p.m., with the following Councilmen present: PRESENT: Councilmen Kanel, Kanode, Roberrs and Harvey ABSENT: Councilman Lacayo PUBLIC H~AR~.~G_RE: q0MS~D~RA_%ION_ Qp_Z_ON~ ~CHANGE NO._ZT~0~ The Mayor announced this was the time and place for the Public Hearing to consider 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 Conmercial) to PD (Planned Development) on property generally located at the southwest corner of Orange Avenun and Valley View Street, Cypress, initiated by Floyd G. Marcusson and Albert C. Sykes, and known as Zone Change No. Z-202~ The Mayor declared the Public Hearing open, and requested the Staff to present its report. COUNCILMAN LACAYO ARRIVED AT 10:37 P oM=, AND TOOK HIS PLACE ON THE PODIUMo The Assistant City Manager presented a report dated August 17, 1971, which indicated that the affidavits of mailing, posting and publication of the Public Hearing notice are on fila in the office of the City Clerk, and no conmunications have been received in reference to this application. He then reviewed a report from the former Planning Director, dated August 2, i971, which referred to Planning Staff Report PC#71-9Z, Planning Con~nission Resolution #540, and excerpts from the Planning Commission Minutes of July 1, 1971, at which time this matter was considered by the Planning Cormnission, all of which are on file in the office of the City Clerk. Mro Albert C. Sykes, 9706 Comptun Blvd., Bellflower, California, addressed the City Council stating that the Planned Development zone would give the governing body of the City a considerable amount of contrD1 as to the development of the property~ He added, that the developmenz, which is proposed for the subject property, would be a financial asset to the City~ Mr. Michael Osborn, 9532 Sonwell Place, Cypress, stated that he felt that the develop- merit of the property would be a large improvement, and urged the Council to approve the request for the zone change to Planned Development o There being no one to speak in opposition to the request, Mayor Harvey closed the Public Hearing. Councilman Kanode indicated that this particular parcel has been zoned commercial for some time, and that the property owner has made a bonafide effort to develop the property commercially. He stated that it would be practically impossible to develop the property as a neighborhood shopping center because of the surrounding land uses° Councilman Kanode indicated that the property can be developed in a Planned Development zone under the Conditional Use Permit Just approved by the City Councll~ It was moved by Councilman Kanode and seconded by Councilman Kanel co read the following Ordinance by title onlyo The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None Title of the Ordinance is as follows: ORDINANCE NO o AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE NO. 90 BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM C-2 (GENERAL COI~MERCIAL) TO PD (PLANNED DEVELOPMENT) AND KNOWN AS ZONE CHANGE Z-202 o -9 - City Conmoil Minutes August 23, 1971 It was moved by Comcilman Kenode and seconded by Councilman Kanel to approve the first reading of the Ordinance. Councilman Lacayo stated that while he is in favor of the rezoning of the property to Planned Development, he does not want his action in favor of this motion to be related to the Conditional Use Permit which was granted for the development of the subject property, as he still considered the density to be too high. The motion to approve the first reading carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Kanel, Kenode, Lacayo and Harvey Roberrs None CONTInUATiON QF _PVB~Iq ~FAI~Nq _~P',,E_ ~ _CQN~I~I_ONAL .U~E ?~RMI~ Lq'~ (qQntinued): The Mayor indicated that this item had bean continued from earlier this evening, and stated that the Public Hearing is open. He then requested the Staff to present its reports on the matter, The Assistant City Manager reviewed a report dated July 21, 1971, from the Secretary of the Planning Commission. The report referred to Planning Commission Resolution No~ 539, which outlined the conditions which were imposed on the Conditional Use Permit upon approval by the Planning Commission° Both the report and the Resolution are on file in the office of the City Clerk, The applicant, Mr, Peter Gbvannoni,1874 W. Alomar Avenue, Ariahelm, California, addressed the Council requesting that this Permit not be considered under the City's new multiple family Ordinance which will go into effect on September 9, 1971, as his application had been delayed due to the consideration Which was given by both the Planning Commission and City Council of a precise alignment for an east-west street which would, had it been approved, been placed through his property, -The Assistant City Manager, in response to an inquiry from Mayor Harvey, stated that Mr. Giovannoni, in order to avoid being required to comply with the City's new Ordinance governing multiple family development, would have to secure a Conditional Use Permit prior to September 9, 1971. There being no one to speak in opposition to the application, Mayor Harvey closed the Public Hearing. It was moved by Councilman Roberrs and seconded by Coancilman Kenode to approve Conditional Use Permit No. C-256, 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 Con~nission for approval. 4. That a permanent 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, Construction of the building be in accordance with FHA soundproofing standards. That the building not be occupied or a certificate of occupancy granted until all conditions of approval have been met or until guarantees satisfac- tory to the City Staff that such conditions will be met have been given. - 10 - City Council Minutes August 23, 1971 9~ Drainage fees shall be paid in accordance with the Master Plan of Drainage. 10. Drainage shall be solved to the satisfaction of the City Engineer. 11. Drainage easements shall be obtained and dedicated to the City as required, City to candenm if necessary. -- 12. Advance street light energy chazges shall be paid. 13. Street trees (15 gal.) shall be installed along Graham Street in conformance 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~ 14o Plan check and inspection fees in the amount of 3~% of the street improvements shall be paid. 15. All secondary and primary utility services shall be underground. 16. Necessary fire hydrants shall be installed in accordance with Fire Depart- ment requirements and City Standards. A six foot high concrete block wall shall be constructed along the west, north, and south property lines. Height of wall to be measured from highest grade. Wall to be slump stone and design is subject to approval of the Planning Director, 18o Storage lockers shall be provided in each carport~ 19. All roof equipment shall be architecturally screened. 20. Four guest parking spaces shall be provided and marked. 21o Trash areas shall be enclosed with a masonry wallo 22. Landscaping shall be installed along the south property line. 23. Lighting will be low profile and will be integrated into the development and will be directed away from the adjoining parcels. 24. Elevations on north, west and south to be revised and reviewed by the Planning Conmission for architectural treatment. 25. Minimum of two spaces off-street parking per unit. 26. Five foot wall to be constructed for screening of cars along the south property line. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberts and Harvey None None It was moved by Councilman Lacayo and seconded by Councilman Roberrs to direct the · Staff to compile a report concerning density requirements and any other pertinent information relative to the Planned Development zone, to be presented to the City Council at its next regular meeting, in order that the Council can study this matter and give direction to the Planning Conmission regarding the revisions which will be necessary to correct the ambiguities contained in the Ordinance. 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 - 11- City Council Minutes August 23, 1971 CONSENT CALENDAR: The Mayor announced that all matters listed on the Consent Calendar were to be considered by the Council as routine and enacted by one motion approving the Recor~nendation on the Administrative Report concerning the matter. It was moved by Councilman Kenode and seconded by Councilman Kanel to approve Items 2 through 6 (a) listed on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None Item No, 2: Consideration of request for proclamation of September 12th through 18th as "Apartment Living Weeks" RecoE~rendation: That the Mayor proclaim the week of September 12th through 18th as "Apartment Living Week" in the City of Cypress. Item No. 3: Consideration of receipt of Mosquito Abatement District Minutes of the meeting held July 15, 1971. Recommendation: Receive and file. Item No. 4: Consideration of notice of application for rate increase By Pacific Telephone and Telegraph Company~ Recomnendation: Receive and file. Item Noo 5: Consideration of approval of employment list for Custodian. Reco~nendation: That the City Council certify the employment list for the position of Custodian as submitted° Item No, 5: Consideration of approval of en~loyment list for Police Officer. Recommendation: That the City Council certify the employment list for the position of Police Officer as submitted. Item No. O (a)~ Consideration of request for proclamation of September 17 through 23, 1971 as "Constitution Weeks" Recommendation: That the Mayor proclaim the week of September 17 through 23, 1971 as "Consitution Week" in the City of Cypress. CONTINUATION OF CONSIDERATION OF TENTATIVE TRACT MAP 7424: Upon the request of Councilman Lacayo, the Planning Technician displayed slides of the subJ oct property, which is located south of Orangewood Avenue, approximately 1,320 feet east from Valley View Street. The Assistant City Manager presented a report dated AuguSt 4, 1971, from the Secretary of the Planning Co~m~ission which advised that the Planning Commission at its meeting of July 15, 1971, voted to recommend to the City Council that this tentative tract be approved subject to 40 conditions, The Assistant City M~mager then presented two additional reports, dated August 17,1971; one from the Planning Commission and another from the office of the City Manager, which referred to retaining the Hettinga zoo area as a park site. All of the reports referred to are on file in the office of the City Clerk. The applicant, Mr. John Tapking, Director of Land Planning, Larwin So. California, Inc., 9100 Wilshire Blvd., Beverly Hills, California, addressed the City Council stating that he concurred with the conditions set forth by the Planning Commission; however did question Conditions No~ 14, 15, 19 and 31. Discussion was held regarding the zoo area, whereas Mayor Harvey suggested that the City investigate the possibility of the County participating with the maintenance of the zoo. He added, that it might be wise to consider a buffer area, larger than the - 12 - City Council Minutes August 23, 1971 three acres which are proposed, to separate the zoo area from the local residents. The Public Works Director, in response to a question from the Council, indicated that the 3 acre park site was determined by the total area of the tract map, and stated that whether it is computed on acreage or by dollars, the total is approximately 6%; and that if the acreage is determined to be less than 6% of the dollar value, the City would receive the difference. ' Discussion ensued with reference to modifying the conditions which were referred to by the applicant. Co~mcilmm~ Lacayo expressed concern due to the lot size which would be allowable under the Optional Design, and questioned whether or not it would be wiser for the City to require the tract to be developed according to the 6,000 square foot lot requirement in a standard R-1 zone, rather than to develop according to the optional design provisions, and to then encourage the passage of a bond issue which would allow for the development of the park site~ Mr. Tapking then stated that no lot in the proposed subdivision would be under 5,000 square feet, and that he would accept this requirement as a condition on the tract map. He further stated that the general type of lot size is compatible to the surrounding developments. Following discussion, it was moved by Councilman Km~ode and seconded by Councilman Kenel to approve Tentative Tract Map #7424, subject to the conditions as outlined in the report from the Secretary of the Planning Comission, dated August 4, 1971, with the following modifications: Condition No. 14: A bond shall be posted to guarantee improvements on Orangewood Av~nuso The bond will be held until the completion of Phase II. At time any access to Springdale Street (Molder Avenue) is developed, street shall be fully__ developed adjacent to that portion of the property recorded. In any event, access to the area being recorded shall be developed to the satisfaction of the City Staff. Condition No. 15: On the south side of Orangewood at Springdale Street (Holder Avenue) for future traffic contxoller per City supplied plans, the developer shall install: (a) Two Type XVII poles with twelve (12 ') foot luminaire mast arm, 400 watt with glare shields with provisions for signal mast arm. (b) A two and one half inch (2~") conduit across Springdale Street (Holder Avenue), 0rangewood Avenue and to nearest Edison pole. (c) Three number 5 pull (d) Work shall be done by electrical contractor acceptable to City Engineer with experience in traffic signal construction. (e) The developer shall submit a cash payment in the amount of 28% of the cost cf the traffic signal installation at Springdale Street (Holder Avenue) and Orangewood Avenue. Cost of items a, b, and c may be deducted from the estimated cost of the traffic signal. Condition No. 19: The driveways shall be located at the farthest point away from the reverse corner lots. Condition No. 41: No lot shall be under 5,000 square feet. Condition No. 42: The subdivider shall be required to provide the City with an appropriate option at current prevailing acreage prices for the lots surro~ding the proposed park site, subject to the approval by the City Attorney as to form. - 13 - City Co~mcil Minutes August 23, 1971 The motion to approve Tentative Tract Map #7424 carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode and Harvey Lacayo and Roberts None Due to the lateness of the hour, it was moved by Councilman Roberrs, seconded by Councilmsal Lacayo and unanimously carried to consider Items No. 11, 14, 14 (a), 14 (b), 15, 16, 18, 19, 22, 26, 27 and 28 on the agenda and to continue the remainder of the items to the next regular meeting of the City Co~zlcilo RECESS: Mayor Harvey declared a recess at 12:35 a,m. The meeting was called back to order at 12:40 a!Im~, with all Councilmen present, CONTINUATION OF CONSIDERATION OF TENTATIVE ~RAC~..MAP 6932: The Assistant City Manager presented a report from the Secretary of the Planning Comission, dated August 4, 1971, which outlined the conditions which were recommended by the Planning Commission upon recommending approval of this tentative tract to the City Council at their meeting of July 15, 1971. A copy of this report is on file in the office of the City Clerk. The City Council was presented with a copy of a report from Commissioner Ricker dated August 20, 1971, outlining his reasons for voting against the approval of the tract map, The applicant, Mr. Bernard McCane, S & S Construction Company, 8857 Olympic Blvd., Beverly Hills, California, addressed the Council presenting slides of various homes which have been constructed by the S & S Construction Company. He indicated that the homes which the Company wishes to develop in Cypress, would be in the $30,000 to $50,000 price range, and if approved by the City Council, models will be developed within the next few weeks. He added, that the conditions which were reconmended by the Planning Commission would be acceptable. Mro McCune then displayed renderings of the models which would be constructed in Cypress° He indicated that the optlmaldesign fees, which would have to be based on an appraisal, would be in excess of $150,000. In response to an inquiry from the Council, the Assistant City Manager indicated that the Cypress School District has indicated that they would not have need for a school in the area under discussion. Mr, McCune stated that S & S Construction Company still owns the property over to Knott Avenue, and could accommodate a school should the District determine that one would be needed in that vicinity. Councilman Kanel than stated that he would prefer to have the park site which had been deleted, placed back in the tract as he felt that with so many homes, a park site is needed. In answer to aqusstion from Councilms~ Lacayo, the applicant stated that the homes in the proposed development would have a setback variation, and then compared the proposed development to the College Park Estates. Councilman Lacayo questioned whether the Optional Design was a moans in which the City would raise funds, or whether it was actually for the better~nt of the tract. Councilms~ Robarts expressed concern due to a 10' front yard setback, and also to the length of the streets in the proposed development. Mr. McCune indicated that with regard to the setback, the majority of homes would have a 20' front setback. With regards to the park site, the Assistant City Manager stated that it was the feeling of the Staff that with the deletion of the park site, there could be the possibility of expanding the Peto's Zoo park and deleting the park to the west. He added, that if this is not the case, the S~aff is concerned that there - 14 - City Council Minutes August 23, 1971 should be a park on the north side of Orangewood Avenue, west of Holder Street; and than suggested that the City Council could approve the tentative tract with a con- dition reqresting the Staff to evaluate and determine whether a park should or should not be required in that particular tract, with a recommendation to be brought back to the City Council for its final consideration~ Considerable discussion was held regarding the park site, and a method whereby the City Co~mcil would have the option of requiring the 3.5 acre park site to be placed back into the development, or to require the optional design fee of 6% to be used for park purposes within the City~ Following discussion relative to the conditions which were recomnended by the Planning Conmission, Mayor Har'v~y stated that he felt that the mobility which now exists in society contributes to the design of smaller lots, with nicer homes, rather than larger lots0 He stated that he was in concurrence with Co%mcilmsa Kanel's request relative to the need for the park in that particular area, and would be anxious to obtain a report from the Staff, including remarks from the Recreation and Park Director, regarding the utilization of a park site in this location. It was moved by Councilman Kenode and seconded by Councilma~ Kanel to approve Tentative Tract Map 6932, with the conditions as outlined in the report from the Secretary o~ the Planning Conmission dated August 4, 1971, with the following modifications: Condition No. 1. The subdivider shall pay optional design fees in the amount of 6% of the fair market valus of the gross area of the subdivision computed at the time of approval of the final map. The City Council shall have the option to require dedication of a 3~5 acre park site at the location shown on the tentative tract map, prior to the approval of the final tract map° If the City Council requires dedication of such a park site, the value of such site shall be credited against the obligation of the subdivider to pay optional design fees, with the excess amount of such fees, if any, payable to the City for recreational uses in the vicinity of the subdivisiono Conditi~n No~. 39. Deleted Condition No~ 47~ Development of trailways would be in accordance with the standards established by the Engineering Department fDr a bikeway system. Councilman Lacayo stated that he would like to consider a joint meeting with the Planning Commission in order to discuss optional design. He stated that, for the record, he would like all developers to know that when they are appearing before the Planning Co~mlission, that the Comnission is Just as strong as the City Council and that when a final decision is reached, it is with the knowledge that they have considered the details regarding the item. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None It was moved by Councilmsa Lacayo, seconded by Councilman Roberrs and unanimously carried to consider, out of order, Items 14 (b), 16, 19, 22, 26, 27 and 28 on the agenda, Cp~SIDE_RA~ION OF REQUEST FROM LOS ALAMITO$ RE~ V~ OF_~O~ ALAMI~OS NAS FOR ARMY AIRCRAFT ACTIVITIES: It was moved by Councilman Lacayo and seconded by Councilman Kanel to direct the Staff to send a telegram to the President of the United States, Secretary of Defense, Senators John V. Tunney and Alan Cranston and Congressman Richard T. Hanna urging that further implementation of a U,S. Army proposal to locate helicopter and aircraft activities at the Los Alamitos Naval Air Station be halted for a 90 day period, as requested by the City of Los Alamitos in their comenication - 15 - City Council Minutes August 23, 1971 dated August 20, 1971. The motion carried by the following roll call vote: AYES .~ NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo and Harvey Robarts None CONSIDERATION OF AUTHORIZATION FOR THE CITY ~q .PU~q.H~..E TROPHIES FOR THE CYPRESS GIRLS SOFTBALL TEAM: It was moved by CoLmcilman Kanode and seconded by Councilman Lacayo to authorize the City to purchase two trophies for the Cypress Girl's Softball team. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPROVAL OF FINAL TRACT MAP FOR TRACT # 7429: The Assistant City Manager presented a report dated August 17, 1971, from the Public Works Director, which indicated that the final tract map, for the area located on the east side of Valley View Street, 389' to 841' north of Ball Road, agrees substantially with the tentative map which was approved by the City Council at its meeting of June 28, 1971. A copy of this report is on file in the office of the City Clerk. The Assistant City Manager stated that there is one consideration on this map, however, and that is a proposal to keep an existing house on the subject property. It was moved by Councilman Roberrs and seconded by Councilm~m Lacayo to continue the. consideration of this matter to the next regular meeting of the City Council. Mr. Tom Williams, Project Coordinator, Presley Development Company, 4500 Campus Drive, Suite 14C, Newport Beach, California, stated that at the present time his Company has $3,400 posted with the City, and that demolition operations are in progress. In response to an inquiry from Councilman Lacayo, Mr, Williarm indicated that if the Council wishes, his company will try to have the existing house removed from the p~operty. He added that originally, the company felt that the gentleman would leave his home to move into one of the homes in the development, but he has since stated that he wants to remain in the house. The City Attorney, in answer to an inquiry from Councilman Lacayo, stated that should it be determined that the existing house is not compatible to the area, a condition could be stipulated which would require the removal of the house and its replacement with a structure compatible to the development. Councilman P, obe~ts and Councilman Lacayo then withdrew their motion to continue this item. In response to a further inquiry from Councilm~n Lacayo, the City Attorney advised that should the City Council approve the final tract map as it is, the existing house on lot no~ 1 would have to be removed. It was moved by Councilman Lacayo and seconded by Councilm~m Roberrs to approve final tract map #7429 and to accept the bonds and agreements for public improvements in the amount of $83,475°00 which is not less than 50% nor more than 100% of the total improvements; and to authorize the Mayor and the City Clerk to sign the agreements and the City Clerk to sign the record map upon completion of the following conditions: 1. Approval of bonds and agreements by the City Attorney. 2 ~ Completion of corrections required on improvement plans. 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 - 16 ~ City Co~mcil Minutes August 23, 1971 CONSIDERATION OF APPROVAL OF TENTATIVE TRACT MAP #7499: . The Assistant City Manager ~iewed a repo*~ 'd~ed'AG~use 'i'~ i97i~ ~ro~ ~t~e'~eC~etary of the Planning Co~miseion, which indicated that this tentative tract map, for a subdivision located at the west side of Gregory Street, south of Camp Street, consists · of 6 lots on 0~8 acres. The report outlined the conditions of approval which were imposed by the Planning Con~nission when this matter was considered at its meeting of August 5, 1971. A copy of this report is on file in the office of the City Clark. It was moved by Councilmen Lacayo and seconded by Councilman Roberrs to approve Tentative Tract Map #7499 subject to the conditions as outlined in the report from the Secretary of the Planning Conmission, dated August 18, 1971. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kenel, Kenode, Lacayo, Roberrs and Harvey None None CONSIDERATION OF APPEAL OF CONDITIONAL USE PERMITS FOR LEXING~EON JR. HIGH SCHOOL AND CYPRESS HIGH SCHOOL: The AssiStan~ di~y Min~ '~ented a report dated August 18, 1971, which indicated thet at its meeting of July 26, 1971, the City Council authorized an appeal of the Conditional Use Permits approved by the Planning Commission for the Anaheim Union High School District which included the Lexington Jr. High School and the Cypress High School construction. The report advised that due to an error, the F~aring was not advertised for this meeting of the City Council, however, the City Attorney has advised that under Section 124.4B of the City Code, the Council can extend the time of appeal to a later date. It was moved by Councilman Lacayo, seconded by Councilman Roberts and unanimously carried to conduct the Public Hearing on this matter at the City Council meeting of September 13, 1971. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27360-27372 end 27375-27452: It was moved by 'Cou~c~l~a~"'Lacayo and seCOnded by Councilman Roberrs to approve the Commercial Warrant List for Warrants No. 27360-27372 and 27375-27452 in the total amo%mt of $68,622.66. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kenode, Lacayo, Roberts and Harvey None None CONSIDERATION OF APPROVAL OF COMMERCIAL ~ARRANT .LI$~ .~0~ .~ARRANTS ~NO. 27373-27374 AND 1001-1010: The Cypress City Council acting as ex officio governing Board of Directors of the Cypress Recreation end Park District. It was moved by Councilman Roberrs and seconded by Councilman Lacayo to approve the Conmercial Warrent List for Warrants No. 27373-27374 end 1001-1010 in the total anDunt of $19,807.83. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Kanel, Kanode, Lacayo, Roberrs end Harvey None None SECOND I~ADING OF AN ORDINANCE RE: SPECIAL PERMIT AND BUSINESS. LICENSE FEES FOR SOLICITORS: It was moved by Councilman Kenode, seconded by Councilman Roberrs and tmenimouely carried to read the following Ordinance by title only, title as follows: ORDINANCE NO~ 463 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 15-59, 15-67.1BAND 15-45 OF THE CYPRESS CITY CODE REGARDING SPECIAL PERMIT AND BUSINESS LICENSE FEES FOR SOLICITORS. - 17 - City Council Minutes / August 23, 1971 It was moved by Councilman Lacayo and secDnded by Co~cilman Roberts to adopt Ordinance No. 463. The mot ion 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 At the request of Comcilman Kanel, it was moved by Councilman Roberrs, seconded by Councilman Kenode and unanimously carried to consider Item No, 24 on the agenda at this time. CONSIDERATION OF LITIGATION.--%0:C: D. IVISION~-LE4GUE _OF_ _CA~IFOP}NI_4.CITIES: It was moved by Comcilma~ Roberrs and seconded by Com~cilman Lacayo to support the defense of the Mayors Select Committee by allocating $250.00 from the City's General Fund towards that support, and to support the position of those in opposition to the matter by the withdrawal of a token amount of $5000, to be directed to the Comty of Orange Legal Department to indicate the City~s desire for a speedy and Just conclusion. In answer to an inquiry from CounCilman Lacayo, Councilmen Roberrs stated that his motion was to forward $250.00 to the Mayors Committee as it is fundless and needs the support of the City in this issue; and an amo%mt of $5.00 to the County as a token, as the County can financially handle the situation through the taxpayer's money. He further stated that he did not feel that it is clear as to which side is right in this matter; but does want a speedy solution. Councilman Lacayo withdrew his second to the motion as he felt that he would need a clarification as to the authority of the Mayor, who is the Chairman of the Committee, to file a suit on behalf of the 25 cities without the approval of the Mayors of those cities. Cotmcilman Roberrs then stated that it would be impossible for him to support the expenditure of funds for a specific position on this matter, and that he had hoped that his motion would have been an acceptable compromise on the part of the City Co~%cil. Councilman Kanel stated that since the City Council has had legal interpretation from the City Attorney who advised that it was the option of the City Council to support the Mayors Select Committee, which, after having sought legal counsel has taken legal action to determine the makeup of the Local Agency Formation Commission. He added, that some members of the LAFCO are represented by County counsel, which is being funded by money from the taxpayers, also. Councilman Kanel stated that it would seem that the only fair way in which to handle this matter would be to have the determination made by the courts. It was moved by Councilmm~ Kanel and seconded by Com~cilman Kanode to allocate an ameant of $200.00 in support of the Mayors Select Committee. Councilma~ Kanode stated that he felt that this matter is an issue which confronts the cities, and that the success or failure of the Local Agency Formation Con~nission is involved. He added that the conditions which exist are deplorable, and consequently feels that the City should support the motion. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, Kanode and Harvey Lacayo and Roberrs None ORAL COMMUNICATIONS: There were no oral communications at this time~ - 18 - City Council Minutes August 23, 1971 It was moved by Councilman Roberrs, seconded by Councilman Kanel and unanimously carried to place on the a~enda for the next regular meeting of the City Council, consideration of the plot plan for the apartment project which has been approved for development by the Lar~in Company, at Lincoln Avenun and Grindlay Street. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Roberrs and unanimously carried to adjourn at 2:40 MAYOR OF TEE CITY OF CYPKE~S ATTEST: ~ITY~'CtEI~ OF TEE 6ITY OF CYPRESS - 19 -