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Minutes 75-02-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 10, 1975 The regular meeting of the Cypress City Council was called to order at 4:10 p.m. on Monday, February 10, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey and Lacayo Councilmen Kanel and Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Duke, Dunlap, Hawley, Osborn and Schatzeder. Councilman Harvey recommended that the Council send a letter of consolation to Councilwoman Joy Neugebauer of Westminster in memory of her husband's passing away and the City Manager advised that flowers were sent. Councilman Harvey requested the staff to investigate tele- phone poles on the south side of Cerritos Avenue on which reflectors were missing or non-existent and which presented a danger. He also asked the Council's consideration of establishing a monthly gas allowance for Council members when on official City business and the City Manager advised that the Council was eligible for mileage reimbursement and to use City vehicles. COUNCILMAN KANEL ARRIVED AT 4:15 P.M. Mayor Lacayo placed Item #31 on the agenda regarding the bikeway in the vicinity of the S & S tract near Orangewood and Valley View and requested a report from the staff regarding the replacement of the blacktop sidewalk with concrete. Mayor Lacayo added Item #13a to the Consent Calendar re- garding a letter of recommendation from Chief Duke recom- mending commendation of Mr. Charles H. Moore for heroic action in aiding a Cypress police officer. The Mayor requested that a resolution of commendation to Mr. Moore be prepared. At Councilwoman Frankiewich's request, the Mayor placed Item #32 on the agenda regarding a parking problem at the northwest corner of Valley View Street and Ball Road. She requested a report from the staff. CONSIDERATION OF AWARD OF CONTRACT FOR SWAIN PARKING LOT CONSTRUCTION, REQUEST FOR QUOTATION #7475-15 l{P: The City Manager reviewed a report from the Finance Director dated January 27, 1975 and the two bids received. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to accept the bid of the J. B. Crosby Company, Inc. as the lowest responsible bidder and award the contract to them in the amount of $3,545.00. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Harvey, Kanel City Council Minutes February 10, 1975 CONSIDERATION OF AWARD OF CONTRACT FOR (1) TRI-PLEX MOWER (REPLACEMENT)t REQUEST FOR QUOTATION #7475-16 RP: The City Manager presented a report from the Finance Director dated January 27, 1975 which indicated only one bid was received which was below the amount budgeted. It was moved by Councilman Kanel and seconded by Council- woman Frankiewich to accept the bid of the Toro Distributing Company and award them the contract in the amount of $3,095.90. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 0 COUNCILMEN: None ABSENT: i COUNCILMEN: Sonju Harvey, Kanel CONSIDERATION OF AWARD OF CONTRACT FOR 30 TONS OF FERTILIZER: The City Manager presented a report from the Finance Director dated February 4, 1975 outlining the two bids received. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to accept the bid of the Kellog Supply Company, Inc. as the lowest responsible bidder and award them the contract in the amount of $4,507.65. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, and Lacayo NOES: 0 COUNCILMEN: None ABSENT: i COUNCIL~N: Sonju Kanel CONSENT CALENDAR: Mayor Lacayo announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendation regarding each item listed on the agenda. No Councilman wished to remove an item from the Consent Calendar. It was moved by Councilwoman Frankiewich~ seconded by Councilman Kanel and unanimously carried to approve Items #5 through 13a on the Consent Calendar. Item No. 5: Consideration of a High School Juried Art Show. Recommendation: That the City Council accept the recom- mendation of the Arts & Cultural Commission and consent to the co-sponsorship of the student art show and approve an expenditure of $150 to cover the Best of Show Purchase Award and any printing and miscellaneous expenses involved in conjunction with this program. Item No. 6: Consideration of "No Parking" Restriction at Bloomfield and Via Ingresso. Item No. 7: Consideration of "No Parking" Areas for Cypress Village Gardens. Recommendation: That the City Council adopt the following Resolution (Items #6 and 7) by title only, title as follows: RESOLUTION NO. 1566 A RESOLUTION OF TRE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS. -2- City Council Minutes February 10, 1975 Item No. 8: Consideration of Adopting a Resolution Commending Boy Scout James Wichelman on Achieving the Rank of Eagle Scout. Recon~nendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT JAMES WICHELMAN ON ACHIEVING THE RANK OF EAGLE SCOUT. Item No. 9: Consideration of Proclaiming March 1975 as Red Cross Month. Recommendation: That the City Council proclaim March 1975 as Red Cross Month in the City of Cypress. Item No. 10: Consideration of a Communication from the League of California Cities Requesting Opposition to Assembly Bill 337° Recommendation: That the City Council authorize the City Manager to prepare the information requested by the League of California Cities in opposition to Assembly Bill 337. Item No. 11: Consideration of an Application for an Off Sale Beer and Wine License at 9511 Walker Street. Recommendation: That the City Council authorize the City Manager to notify the Alcoholic Beverage Control Board that the proposed license at 9511 Walker Street will be subject to a zone change and Conditional Use Permit which will be subject to possible hearings before both the Planning Commission and City Council. Item No. 12: Consideration of an Alcoholic Beverage License Application - Tic Toc Systems, Inc. at 6021 Orange Avenue. Recommendation: Receive and file. Item No. 13: Consideration of an Alcoholic Beverage License Application - Tic Toc Systems, Inc. at 5591 Ball Road. Recommendation: Receive and file. Item No. 13a: Consideration of Commendation of Mr. Charles H. Moore for Heroic Action. Recommendation: That the staff prepare a Resolution of Commendation for Mr. Charles H. Moore citing his heroic action. CONTINUATION OF CONSIDERATION OF CLARIFICATION OF CITY ORDINANCE #539 RE: TERMS OF COMMISSIONERS: The City Manager presented a report dated February 6, 1975 re- garding this matter and also transmitted was a copy of a proposed ordinance amending Ordinance #539. In discussing Ordinance #539, Councilman Harvey indicated his intention in recommending its adoption was to limit commissioners appointed subsequent to its adoption to a four year term of office. He felt the ordinance would allow more persons a chance to serve on a commission,' for a full four year term, and would eliminate the problem of unexpired terms. -3- City Council Minutes February 10, 1975 The City Attorney clarified that persons serving to fill an unexpired term on the effective date of Ordinance 539 would be eligible to be reappointed to a four year term but those serving a four year term on the effective date of the ordinance could not be reappointed to another term. COUNCILWOMAN SONJU ARRIVED AT 4:54 P.M. Councilwoman Frankiewich suggested that provision be made in the ordinance to allow exceptions and the Council felt it should be an expressed policy that they wish to see a turn-over and new persons appointed to commissions. Mayor Lacayo felt the ordinance should be equally appli- cable to all commissions and should apply to those commissioners appointed in May, 1974 as well as September. The Mayor continued consideration of this matter until later on the agenda. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session for matters of personnel at 4:55 p.m. The meeting was called back to order at 6:00 p.m. with all Councilmen present. RECESS: Mayor Lacayo recessed the meeting until 7:30 p.m. CALL TO ORDER: Mayor Lacayo called the meeting of the Cypress City Council back to order at 7:40 p.m. with the following Councilmen in attendance: PRESENT: ABSENT: Councilmen Frankiewich, Sonju and Lacayo None Harvey, Kanel, Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following members of the City Staff: Bryant, Charkow, Duke, Dunlap, Hawley, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Kanel. The City Manager reviewed the actions the Council took during the afternoon session. ORAL COMMUNICATIONS: Mayor Lacayo inquired if anyone wished to speak in regard to any matter not on the agenda. Mr. Warren Bodwell, 4939 Orange Avenue, Cypress, expressed dissatisfaction with the bike trail in front of his home since parking was prohibited and visitors are required to park some distance away. He felt it was an unsafe location for the bike trail because of the heavy traffic and felt the south side of Orange along the tank farm was more appropriate. He inquired why he and three adjacent homeovmers on Orange were not notified of the bike trail installation or parking prohibition. Mr. Don Doltz, 4921 Orange Avenue, Cypress, stated a no parking sign had been installed and then removed leaving a hole on his lawn and he was concerned he may be liable in case of an accident. -4- City Council Minutes February 10, 1975 The staff indicated it would investigate both inquiries and report back to the Council. PRESENTATION OF OUTSTANDING TEENAGE CITIZEN AWARD BY CYPRESS JR. WOMEN'S CLUB TO JEFFREY SCOTT RIBMAN: Mr. and Mrs. Robert Van Allen presented a $25.00 savings bond to Jeffrey Ribman in recognition of being selected Outstanding Teenage Citizen of Cypress. Councilwoman Sonju reported that last March a teenager had been killed by climbing a power pole and she felt the low ladders made the poles easily accessible to children. She asked the staff to investigate the possibility of raising the ladders. At Councilwoman Sonju's request, the Mayor added to the agenda a matter regarding the appeal of Conditional Use Permit #74-21. It was moved by Councilwoman Sonju and seconded by Council- man Kanel to appeal the Planning Commission's decision regarding Conditional Use Permit #74-21. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILHEN: None Kanel, Mayor Lacayo opened the following four public hearings and continued them until after the Executive Session: CONTINUATION OF PUBLIC }~ARING RE: APPLICATION FOR SPECIAL PERMIT - KIRBY CO. OF LONG BEACH CONTINUATION OF PUBLIC HEARING RE: PROPOSED GENERAL PLAN AMENDMENT #74-2 CONTINUATION OF PUBLIC REARING RE: PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS CONSIDERATION OF PUBLIC HEARING RE: HOUSING AND COMMUNITY DEVELOPMENT ACT. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 8:05 p.m. for matters of personnel and litigation. The meeting was called back to order at 8:45 p.m. with all Councilmen present. Mayor Lacayo announced that one of the matters discussed in the Executive Session related to litigation concerning the Harvey property. He stated the Council desired a comprehensive report on County and Federal level information concerning interests associated with the property, including the Navy's interest in all or a portion of the property, the possibility of a land exchange with the Navy and expansion plans of the Los Alamitos Air Station. With the consent of the Council, the Mayor placed this matter on the agenda. -5- City Council Minutes February 10, 1975 Councilman Harvey requested that the report include in- formation on any special interest groups who are interested in development of the property in the south end of the City. It was moved by Councilman Kanel and seconded by Council- woman Sonju to authorize the City Manager to undertake an intensive study and analysis regarding the use of property adjacent to the Los Alamitos Air Station and bring back pertinent information and authorize the City Manager to conduct a press conference at the conclusion of the study to dis- seminate the information to the press. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPLI- CATION FOR SPECIAL PERMIT - KIRBY COMPANY OF LONG BEACH: Mayor Lacayo reopened the public hearing and asked the staff to present its report. The City Manager presented a report dated February 6, 1975 which indicated that the Police Department's investigation of the application found no basis for protest. The Mayor invited the applicant to speak. Mr. Peter Halatsis, 371Peralta, Long Beach, California, stated his company was in business for fourteen years, was a member of the Better Business Bureau, and was licensed in the Cities of Bellflower, Long Beach and Norwalk. He felt they would be performing a needed service in the City. Mayor Lacayo inquired if anyone wished to speak in favor or in opposition to the application. There was no one wishing to speak in support or opposition and he closed the public hearing. It was moved by Councilwoman Frankiewich and seconded by Councilman Kanel to approve the application for a special permit for the Kirby Company, Long Beach with the condition that only those authorized be allowed to solicit and that hours of solicitation be 9 a.m. to 5 p.m., Monday through Saturday. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo None None CONTINUATION OF PUBLIC HEARING RE: PROPOSED GENERAL PLAN AMENDMENT #74-2: (A transcript file in the City Clerk's Office hearing and asked for the staff of the entire hearing is on .) Mayor Lacayo reopened the public report. The City Manager presented a report dated February 6, 1975 which indicated the notices of continuation of the hearing were posted as required by law. Mayor Lacayo announced that discussion would open with the opponents of the amendment. Mr. George Savord, 1695 W. Crescent, Anaheim, California, attorney representing Continental Multi-Homes, requested that the Cypress Citizens' Association be identified. He stated that during the previous hearing at least three persons who had identified themselves as spokesmen for -6- City Council Minutes February 10, 1975 the organization had also spoken on behalf of themselves. He felt their status as an incorporated body was questionable and that several actions were in violation of their by- laws. Mayor Lacayo asked for speakers in opposition to the proposed amendment. Mr. Howard Rowan, 5831 Shirl, Cypress, vice president of the Cypress Citizens' Association, inquired if the Environ- mental ~mpact Report submitted with the application was determined to be sufficient and the staff indicated it had responded to the comments of affected agencies and that the EIR satisfied the requirements of City Resolution #1442. Mr. Rowan inquired about the effective date of the amend- ment if approved. He stated that if the Council has questions regarding the legality of signatures obtained on the CCA's petition that they refer them to the County District Attorney's office. Councilman Harvey inquired as to who circulated the peti- tion and if groups outside the City had participated. Mr. Donald Hudson, 6153 Lawrence Street, Cypress, member of the Cypress Citizens' Association and chairman of the Initiative Committee, stated that all persons who circu- lated the petition were registered voters and residents of the City of Cypress but not all were members of the CCA. Mr. Howard Rowan responded to comments made a~ previous hearings by the proponents of the amendment. He felt the railroad would cause an equal negative impact on any resi- dential development to the south but that the impact would be less on industrial development. He supported any use other than residential, like office-commercial, which according to the staff's studies, would generate a higher revenue than any residential use. Mr. Rowan stated the flight path of incoming aircraft to Los Alamitos air field could, at times, be less than 200 feet which was less than the legal flight slope of a 50 to 1 ratio and he stated the Council should consider that Los Alamitos is well qualified to handle jet aircraft. Mr. Rowan pointed out that AB 2207 granted the Airport Land Use Commission juris- diction over military airports and that the amendment application would be subject to their approval. If denied, the decision would require a 4/5 overriding vote by the Council. Mr. Rowan indicated that a real estate agent, Beth Davis, was aware of industrial offers made for the property and that she had been present at the last two hearings to discuss this matter. The Council expressed concern that there was no documentation to substantiate the offers. Mr. Rowan stated the complexity of ownership was the only factor for which he would consider residential development. He added the CCA was on record opposing resi- dential development. Mr. Rowan elaborated on his comments and discussed again the flight slope and the possibility of Los Alamitos becoming a joint military/commercial air- port. He indicated he had no position on a joint use. In response to a question from Councilman Harvey, Mr. Rowan stated the CCA was supporting the College Park Homeowners' Association in the City of Seal Beach in their opposition to further residential encroachment adjacent to Los Alamitos Air Station. Mr. Rowan stated the CCA had not requested support from this group except on issues of common interest at the County level. -7- City Council Minutes February 10, 1975 353 Councilman Harvey requested clarification of Mr. Rowan's comment that the Chamber of Commerce did not support the proposed amendment. Mrs. Daryle Ellwart, manager of the Chamber of Commerce, stated the Chamber was in favor of the General Plan amend- ment provided the City Council took into consideration the adjacent (Harvey) property and that when the subject property is developed an adequate buffer zone be provided. Mrs. Ellwart was requested by the Council to obtain a copy of the Chamber's statement regarding this issue. Mayor Lacayo inquired if anyone else wished to speak in opposition. There was no one who wished to speak. RECESS: Mayor Lacayo called for a recess at 10:25 p.m. The meeting was called back to order at 10:40 p.m. with all Councilmen present. Mr. George Savord, 1695 Wo Crescent, Anaheim, California, representing the applicant, stated he had been to Sacra- mento and contacted the Board of Corporations and that he was prepared to prove his statements regarding the status of the Cypress Citizens' Association. Mr. Savord explained the estate settlement problems regarding the Norton property and reminded the Council of their serious- ness and he felt if escrow is not completed it would be a considerable number of years before the parcels can be reassembled for another proposal. Mr. Bill Higgs, representing the Seeley Company, Inc., 900 Wilshire, Los Angeles, California, stated that during the 2 1/2 years he has been associated with the property owners he has never been contacted regarding industrial offers and that he has never heard of Beth Davis. He explained how he became involved in representing the applicant. Mr. Dave Recupero, 6182 Softwind, Huntington Beach, California, made a slide presentation illustrating the beneficial aspects of the single-family housing proposal. The applicant again requested that the property be exempt from provisions of the ordinance requiring a vote prior to a zone change. In response to a question from the Mayor, Mr. Recupero stated the applicant would not be able to proceed with the development because of the financial loss from the time delay if the property remained in the ordinance and was subject to a vote. The Council attempted to determine the length of time which would elapse before this issue could be placed on a ballot. The Mayor in- quired if the applicant would object to a vote if the election caused no delay in the project and the applicant stated he would oppose expending additional funds to promote the ballot measure. The staff requested that the Council take action on the Environmental Impact Report. It was moved by Councilman Kanel and seconded by Council- woman Sonju to approve the Environmental Impact Report submitted in conjunction with General Plan Amendment #74-2. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo None None City Council Minutes February 10, 1975 Co~"~man Harvey quoted from May 23, 1974 minutes of the Airport Land Use Commission in which an aerial dynamics engineer reported on a Seal Beach residential tract con- tiguous to the Los Alamitos Air Station at the southwest boundary. The engineer concluded that the tract would not be impacted by excessive aircraft noise and there was no undue crash hazard. Councilman Harvey also stated he was not aware of any complaints from property owners adjacent to the northwest/southeast running Pacific Electric line regarding damage to their homes from the railroad. He requested that the president of the Cypress Citizens' Associa- tion respond to his questions. Councilman Harvey inquired what was the CCA's position on the expansion of the Airport Land Use Commission's area of influence. Mrs. Joyce Nicholson, 6045 Jeffrey Mark Street, Cypress, indicated she was unable to answer the question because she was not serving as president of the CCA at that time. Mr. Howard Rowan, 5831 Shirl, Cypress, stated he did not think the CCA ever discussed this matter and that it did not take a position. Councilman Harvey inquired if the CCA took a position regarding the funding of the Airport Land Use Commission by the Board of Supervisors. Mrs. Nicholson replied that the CCA sent a letter supporting its funding and the reason for this action would be in the CCA minutes. Councilman Harvey indicated he was concerned about the CCA's support of the Airport Land Use Commission since it is a governmental agency whose members are authorized to make decisions affecting the future of Cypress but who are not responsible to the residents of the City. Councilman Harvey asked what the CCA's position was re- garding placing the Harvey property in an agricultural preserve and Mrs. Nicholson stated the CCA supported only industrial or commercial development of the property. Councilman Harvey asked if a plan was presented to the CCA seeking approval of 240 acres of the Harvey property plus the 20 acres under consideration to be placed in a regional park. Mrs. Nicholson stated such a plan had never been presented. She stated the CCA went on record with a letter that it supported the release of 85 acres of the former Nike base for a regional park. Councilman Kanel inquired about the review process by the Airport Land Use Commission and Local Agency Formation Commission which the City Attorney explained. The Attorney stated that while the application, if approved, is being reviewed by the Airport Land Use Commission, the City may initiate the pre-annexation zoning hearings. Councilman Kanel stated that the Council may wish to change its decision on this property after it receives the report from the City Manager on the Harvey property. Councilman Harvey inquired about the Cypress Citizens' Association's position regarding the fact that LAFCO may be influenced by the applicant's compromise from a high to low density development. Mr. Howard Rowan stated this matter and the proposed ordinance settin~ procedures for General Plan amendments were discussed by the CCA and their position remained opposed to residential development. The CCA voted that the subject 20 acres should be included within the scope of the ordinance. -9- City Council Minutes February 10, 1975 from the ordinance at a later date and the City Attor advised that the ordinance could be amended for this purpose. Mayor Lacayo read a letter dated January 10, 1975 from the Mayor of Stanton which urged that the Cypress Council con- sider the complexity of ownership, unique circumstances, and advantage of developing the property as a whole versus piecemeal development and indicated that he would like to see the development compliment both Cypress and Stanton. Mayor Lacayo closed the public hearing. Councilwoman Frankiewich compared the subject property to the residential property surrounding Hyatt Die Cast and stated the residents' opposition had caused Hyatt Die Cast to relocate its operation and this condition could apply if residential development is allowed on the 20 acres and industrial development takes place on the Harvey property. She felt the homeowners north of the railroad tracks had a problem of cracking walls and the situation would become worse with additional homes. She stated the children in the new development would belong to a school district outside the City and the homeowners would probably shop in nearby stores in the City of Garden Grove which would add to the lack of identification with the City of Cypress° She suggested that, if the amendment is approved, new homeowners be advised of the types of aircraft which will fly over their homes. Councilman Kanel felt the railroad would affect only those homes directly adjacent on the south and he did not feel the status of the CCA was important in this issue since the group did not represent the entire City. He stated he would like to receive the City Manager's report re- garding Los Alamitos Air Station and felt the aircraft presented a real danger. He felt there must be adequate controls to protect the possibe mixture of uses in the area. Councilman Kanel felt that if residents had had an opportunity to hear all the testimony they would support his views. He favored a vote on the property. Councilman Harvey felt that if the amendment is approved he would like to reserve the right to change his decision when the development application is considered. In regard to the problem of non-identity with the City~ he felt the Recreation and Park programs would involve people from all areas of the City. Councilman Harvey stated he felt a well informed electorate would make intelligent decisions and proposed that the Council consider the possibility of conducting special public hearings for this and the Harvey property at several locations throughout the City in order to involve and inform as many residents as possible. He suggested that topics for discussion include an explanation of the complexity of the properties, issues concerning the tax structure of the City, LAFCO, Los Alamitos Air Station and the Levander Partridge report and he stated that this would be a~ opportunity for special interest groups to express their views. Cormcilwoman Sonju supported Councilman Harvey's rec- ommendation for special hearings. Because the property is located in the Navy's CNR2 zone, she did not feel the aircraft would present noise or safety problems to the subject property. Councilwoman Sonju felt there were slim prospects for industrial development based on the Levander Partridge report and the phy- sical characteristics of the property. She felt the size, shape and ownership problems were factors which made the property appropriate for the development proposed and felt any Council member has a right to change his mind regarding the property in the future. -10- City Council Minutes February 10, 1975 following Resolution by title only, title as follows: RESOLUTION NO. 1568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN BY CHANGING THE DESIGNATION OF CERTAIN PARCELS FROM AN INDUSTRIAL DESIGNATI~ TO A LOW-DENSITY RESIDENTIAL CLASSI- FICATION. Councilman Harvey stated for the record that he seconded the motion for purposes of discussion because he had some reservations related to his proposal tonight. He stated that if the Council conducts the public hearings and takes public testimony and receives input as to the attitude of the residents his decision may change as a result of that input. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo NOES: 1 COUNCILMEN: Frankiewich ABSENT: 0 COUNCIL~N: None Sonju and Mayor Lacayo placed Item No. 34 on the agenda regarding CounciIman Harvey's proposal for public hearings on the 20 acres and Harvey property. CONTINUATION OF PUBLIC HEARING HE: PROPOSED AMENDMENTS TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS: With the Council's consent, the Mayor opened this hearing and continued it until the February 24, 1975 meeting. CONSIDERATION OF PUBLIC REARING RE: HOUSING & COMMUNITY DEVELOPMENT ACT: Mayor Lacayo announced that this was the time and place for the above public hearing and he declared the hearing open and asked for the staff's report. The Planning Director presented a report dated February 6, 1975 and outlined the project area and improvements which were included in the joint application with the County for entitlement funds under the Housing and Community Development Act of 1974. The project area is bounded by Walker Street on the west, Bishop Street on the north, Karen Street on the south, and Peach Street and the Southern Pacific Railroad on the east. Proposed improvements in- clude street paving, curb and gutter, sidewalks, street lighting and trees, and the undergrounding of utilities. The Planning Director reported that the County agreed to include in its application the County island west of Walker Street. Mayor Lacayo inquir~d if anyone wished to speak in favor or opposition to the proposed program. There was no one who wished to speak in support or opposition and the Mayor closed the public hearing. It was moved by Councilwoman Frankiewich and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows: -ll- City Council Minutes February 10, 1975 RESOLUTION NO. 1569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ASSURING THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT THAT IT HAS AND WILL CONTINUE TO COMPLY WITH THE PROVISIONS OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, CONTINUATION OF CONSIDERATION OF CITY COUNCIL'S POSITION ON SELECTION OF ORANGE COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS: The City Manager presented a report regarding this matter dated February 6, 1975. Councilman Kanel reported that four cities had taken a position in support of Assemblyman Briggs' bill to require an election of Board members. He stated that this matter would be discussed at the next Orange County League of Cities meeting on February 13 and he reported that he had not taken a position at the last Board of Directors meeting since the decision would be made by the League of Cities. Councilman Harvey felt County cities were getting proper representation by the current Board members and he supported the current structure. It was moved by Councilwoman Sonju and seconded by Council-' woman Frankiewich to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE CURRENT ORGANIZATIONAL STRUCTURE AND METHOD OF SELECTION OF THE ORANGE COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Harvey and Sonju NOES: 1 COUNCILMEN: Lacayo ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Kanel CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS #37580 - 37730: It was moved by Councilwoman Frankiewich and seconded by Mayor Lacayo to approve the Commercial Warrant List for Warrants #37580 through 37631 in the total amount of $22,725.17 and the List for Warrants #37632 through 37730 in the total mount of $207,028.56. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Kanel, -12- City Council Minutes February 10, 1975 C~DERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #3446 - 3993 & 267 - 273: It was moved by Council- woman Frankiewich and seconded by Councilman K~nel to approve the Recreation and Park District Cormnercial Warrant List for Warrants #3446 through 3976 and 267 through 270 in the total amount of $1,086,593.18 and the List for Warrants #3977 through 3993 and 271 through 273 in the total amount of $1,202,375.56. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SECOND READING OF ORDINANCE AMENDING ORDINANCE NO. 497~ THE ZONING ORDINANCE, ESTABLISHING PROCEDURES FOR CERTAIN GENERAL PLAN AMENDMENTS: It was moved by Councilman Kanel and seconded by Councilwoman Frankiewich to adopt the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 497, THE ZONING ORDINANCE, ESTABLISHING PROCEDURES FOR CERTAIN GENERAL PLAN AMENDMENTS. Councilwoman Sonju indicated that she had supported the ordinance because of the fact that 4,000 signatures were obtained on the Cypress Citizens' Association's initiative petition but she strongly opposed spending $10,000 for an election on the 20 acres of property proposed for development by Continental Multi-Homes, Inc. Council- woman Frankiewich also indicated she was opposed to holding an election for this property. Mr. Dave Recupero, 6182 Softwind, Huntington Beach, Calif- ornia, stated it was his understanding that Continental Multi-Homes, Inc. would discontinue the project if an election was required for the property and he again re- quested its deletion from the ordinance° Councilman Kanel did not feel the objection to the ordinance was clarified sufficiently by the applicant. It was moved by Councilwoman Sonju and seconded by Council- woman Frankiewich to amend the ordinance by deleting Section 19.3. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, and Lacayo NOES: 1 COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None Harvey, Sonju The motion to adopt the Ordinance carried by the following roll call vote: AYES: 4 COUNCILMEN: Frankiewich, Harvey, and Lacayo NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Kanel Sonju -13- City Council Minutes February 10, 1975 The City Attorney advised that the effect of the motion to adopt the Ordinance as amended would be the reintro- duction of the Ordinance with a second reading necessary at the next meeting. In regard to Item #34, public hearings on the 20 acres and Harvey property, the Council directed the City Manager to prepare a report regarding procedures to conduct the hearings. MINUTES: It was moved by Councilwoman Frankiewich, seconded by Mayor Lacayo and unanimously carried to approve the Council minutes of January 13, January 15 and January 27, 1975, with Councilman Kanel abstaining on the January 13 minutes and Councilmen Sonju and Harvey abstaining on the January 27 minutes. At the City Manager's request, the Mayor added Item 35 to the agenda regarding the Community College Districts. The City Manager advised the Council that public hearings at the State level are scheduled regarding a division of the County's Community College Districts. He stated that if the college districts are changed, residents in the southern portion of Cypress who are now in the Garden Grove Unified School District would be placed in the North Orange Community College District enabling them to attend Cypress College. It was moved by Councilwoman Frankiewich, seconded by Councilwoman Sonju and unanimously carried to authorize the City Manager to communicate to the State Community College Board the Council's support of the proposal to change districts. Because of the late hour, the Council continued Items #18 and 20 through 27 to the February 24, 1975 meeting. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: The Mayor adjourned the meeting at 1:55 a.m. ATTEST: -14-