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Minutes 76-03-08MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD March 8, 1976 OF The regular meeting of the Cypress City Council was called to order at 6:35 on Monday, March 8, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, Kanel, Lacayo and MacLain Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: DeCarlo, Duke, Dunlap, Hawley, Osborn, Schatzeder and Thomas. PLEDGE OF ALLEGIANCE: Councilman Kanel led the pledge to the flag. ORAL COMMUNICATIONS: Mayor MacLain inquired if anyone wished to address the Council in regard to any matter not on the agenda. There was no one who wished to speak. PRESENTATION OF RESOLUTION OF COMMENDATION TO BILL LISTON- JAZZ ALTO SAXOPHONIST: Mayor MacLain presented a resolution of commendation to sixteen year old Cypress resident Bill Liston who recently was the only student from the Anaheim Union High School District selected as one of the jazz alto saxophonists for the 1976 National Association of Jazz Educators-California Music Educators Association and All State Honor Jazz Band. COUNCILWOMAN SONJU ARRIVED AT 6:40 P.M. MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to approve the February 23, minutes as corrected. 1976 The Council discussed the meeting time of the March 9 special meeting to consider the canvass of the March 2 election and decided to begin the meeting at 7:30 p.m. Councilman Harvey stated he could not be present at the meeting. STAFF REPORTS & DISCUSSIONS: At the City Manager's request, the Mayor placed the following items on the agenda: Item ~10a: consideration of a proclamation for Easter Seal Month; Item #10b: consideration of liability limitation for Workman's Compensation. The City Manager also requested an executive session for personnel matters. At the Mayor's request, it was moved by Councilman Kanel, seconded by Councilman Lacayo and unanimously carried to place Item #27 on the agenda regarding the 1975 voting rights bilingual provisions. Mayor MacLain placed Item #28 on the agenda regarding the Colorado River Board. At Councilman Kanel's request, the Mayor placed Item #10c on the agenda regarding a resolution of commendation for the Cypress High School basketball team. At Councilwoman Sonju's request, the Mayor placed Item #29 on the agenda regarding a direct dial telephone number to the Fire Department for the southern portion of the City. Mayor MacLain placed Item ~30 on the agenda regarding vandalism and parking problems at Oak Knoll Park. City Council Minutes March 8, 1976 Mayor MacLain requested that the City Manager send a letter to the National League of Cities and National Conference of Mayors expressing the City's support of the revenue sharing program. Mayor MacLain introduced Mr. Donald Hudson, newly elected Council member. CONSENT CALENDAR: Mayor MacLain 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. No Council- man wished to remove an item. It was moved by Councilman Lacayo and seconded by Councilman Kanel to approve Items #2 through 10c on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Item #2: Consideration of Orange County Transit District Bus Passenger Shelter Program, City of Cypress Project #7636-90. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1691 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMITTING THE CITY TO THE INSTALLATION OF BUS SHELTERS. Item #3: Consideration of a Resolution of Commendation for Boy Scout Gregory Diaz on Achieving the Rank of Eagle Scout. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1692 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT GREGORY DIAZ ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #4: Consideration of Request for Parking Restrictions on Valley View, West Side, Between Ball Road and Stanton Channel. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING ZONES" AND "NO PARKING" AREA. Item ~5: Consideration of Initiation of Public Nuisance Proceedings on AP#244-342-05 and 06 at 4352 Lincoln Avenue. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1694 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO 2 o City Council Minutes March 8, 1976 CONSTITUTE A NUISANCE, AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATE- MENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE. Item #6: Consideration of Request for "No Parking" Area on Graham Street, East Side, South of Aspen. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "STANDING ZONES" AND "NO PARKING" AREAS. Item #7: Consideration of Resolutions Adopting the Deferred Compensation Plan. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING AN AMENDED DEFERRED COMPENSATION PLAN FOR EMPLOYEES AND AUTHORIZING THE IMPLEMENTATION THEREOF. RESOLUTION NO. 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING AN AMENDED DEFERRED COMPENSATION PLAN FOR EMPLOYEES AND AUTHORIZING THE IMPLE- MENTATION THEREOF. Item #8: Consideration of a Council Position on the Sphere of Influence for the Los Alamitos County Water District. Recommendation: That the City Council authorize the staff to attend the Local Agency Formation Commission hearing on March 10, 1976, in opposition to including the Los Alamitos Race Track and Country Club in the Los Alamitos County Water District sphere of influence. Item #9: Consideration of a Notice of Public Hearing Zoning the Property in the City of Stanton. Recommendation: Receive and file. Item #10: Consideration of West Orange County Youth Services Center Grant. Recommendation: That the City Council continue consideration of this matter to the meeting of March 22, 1976. Item #10a: Consideration of Request from the Easter Seal Society of Orange County to Proclaim March 1 - April 18, 1976 as Easter Seal Month. Recommendation: That the Mayor and City CouJcil approve the request and approve March 1 through April 18, 1976 as "Easter Seal Month" in the City of Cypress. 3 o City Council Minutes March 8, 1976 Item #10b: Consideration of Legislation Re: Workman's Compen- sation Liability Limitation. Recommendation: That the City Council authorize the staff to notify the appropriate State officials of the City Council's support of the limitation for Workman's Compensation. Item #10c: Consideration of Resolution of Commendation for Cypress High School Varsity Basketball Team. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1697 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE CYPRESS HIGH SCHOOL VARSITY CHAMPIONSHIP BASKETBALL TEAM. CONSIDERATION OF REQUEST FROM THE BICENTENNIAL COMMITTEE TO DONATE A SCULPTURE AND FOR AN ADVANCE OF FUNDING: The City Manager presented a report dated March 5 indicating the Bicentennial Committee proposed to donate a sculpture for placement in the new library building. The Committee requested a $1,000 advance to proceed with the artwork which will be reimbursed through their fund raising project. Mrs. Mary van den Raadt, 8644 Acacia Drive, Cypress, member of the Bicentennial Committee, presented a model of the proposed sculpture which consisted of a man, woman and child figures. The size of the metal sculpture would be about six feet by 48 inches and it would be mounted on the wall in the adult section of the library. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to accept the donation of the sculpture from the Cypress Bicentennial Committee and appropriate $1,000 from the fund balance of the General Operating Fund to Account #10.4282.107.01. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONTINUATION OF CONSIDERATION OF SIX MONTH REVIEW OF COMMUNITY CENTER USE POLICY: The City Manager transmitted a report from the Recreation and Park Director dated March 4 regarding Community Center use by community organizations. The staff recommended a six month lead time for Friday, Saturday and Sunday special activities in the auditorium. Mayor MacLain suggested that the clean-up, set-up fee be waived for any non-profit organization which wishes to do the work themselves, subject to a $10 returnable deposit and having them sign a contract to this effect. Mrs. Ginny Robe, 5872 Shirl Street, Cypress, chairwoman of the Camp Fire Girls Association in Cypress, stated the organi- zation is unable to use the Community Center for major functions because of the high set-up fee and therefore must use facilities in neighboring cities or school facilities. She noted the fee is a hardship since the Camp Fire Girls do not have a treasury. She objected to the six month advance notice. City Council Minutes March 8, 1976 It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue this matter to the March 22 meeting and direct the staff to prepare a policy statement outlining charges for use of the Community Center including a waiver of the clean-up and set-up fee for any community organization which will perform the work itself, the six month lead time provision, and provision for a contin- gency fund to cover damage to City equipment. CONSIDERATION OF USE OF OAK KNOLL PARK FOR MAY FESTIVAL: The City Manager presented a report from the Recreation and Park Director dated March 4 indicating a meeting was held with the Recreation staff, May Festival chairman and representatives of the two baseball leagues but no agreement was reached regarding the schedule conflict at Oak Knoll Park. Another meeting was scheduled for March 4 to determine alternate schedules for the ball games and possibly other locations. The City Manager reported he was unable to contact the Arlan property owner regarding use of their property for the May Festival but reported the Los Alamitos Race Track might be available. Councilman Kanel felt the May Festival should not be held at Oak Knoll Park because of the inconvenience to the leagues and he supported the Arlan property as a first choice and the Race Track as a second choice for the May Festival. Councilman Lacayo supported using the Race Track for the Festival. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to request a report for the March 22 meeting and instruct the staff to meet with the involved parties to resolve the scheduling problem. Mr. Jerry Slocum, 4642 Marian Avenue, Cypress, president of Cypress Federal Little League, reported a meeting was scheduled for March 9 with Cypress High School to determine the possi- bility of using their facilities for games and he requested that the matter be continued to the next Council meeting. He stated his main concern was that the 600 children in the league have a place to play for the entire season without damaging Oak Knoll Park. CONTINUATION OF CONSIDERATION OF MOBILE HOME PARK PROBLEMS: The City Manager presented a report dated March 5 indicating that a meeting was held with the owner/manager of the Lincoln Center Mobile Home Park who agreed to correct several problems at the park and agreed to abide by the wishes of the residents' council. The owner agreed to correct the sprinkler system, fire hydrant problem, repair the block wall, inspect and repair deteriorating carports and reported he was investigating a locked gate-card security system. He expressed a willingness to provide a second entrance if it is the desire of a majority of the tenants. The City Manager reported he received a letter today from the management which confirmed agreements made at the meeting. Mr. Tom Ulmer, 401 Civic Center Drive West, Santa Ana, Calif- ornia, attorney representing tenants of the park who are involved in the rent strike, reD0rted that at the hearing on the unlawful detainer action, the judged ruled that the tenants are not required to give a deposition. He stated they were close to settlement and that a meeting would be held this week with management and their attorneys. He reported that management felt a majority of the tenants are satisfied with conditions at the park and that they made no promises towards a settlement. Mr. Ulmer felt the tenants' council is very unrepresentative of the entire 5 o City Council Minutes March 8, 1976 population and reported it holds closed meetings. He sug- gested that the entire park be petitioned to determine their preference regarding speed bumps and he questioned whether management would abide by requests of the council. He suggested that the City enact rent controls if a lease settlement is not reached. Mr. Ulmer reported on negotiations with management up to this point. Ms. Susan Bander, 9080 Bloomfield, Cypress, stated the tenants' council was formed about six months ago and there is no newly formed council. She reported there was a long delay by manage- ment in establishing rules and regulations for the park. MS. Jean Richards, 9080 Bloomfield, Cypress, felt a majority of the tenants are satisfied with conditions and that it is a small, vocal minority who are dissatisfied. Out of 301 coaches she stated the Council has heard from about 52. She reported that many tenants did not want speed bumps. She reported the tenants' council was formed in October, 1975 and is composed of a representative from each of the 15 park districts. The council holds monthly meetings which are closed since it was felt an open forum type meeting would encourage a lot of talk and little action. Any tenant can request attendance at a meeting and a monthly newsletter is mailed out reporting on the council's actions. A management representative usually attends the meetings. She stated the council considers tenant complaints but does not discuss grievances of the rent strike. She reported management has been correcting many problems which are not as severe as has been reported. Ms. Richards later identified herself as a part-time employee of the park, responsible for maint- enance of several of the facilities. Mr. William Anderson, representing the owner/manager, Pacific Land Company, 15731 Paramount Boulevard, Paramount, California, indicated management supports the tenants' council and that tenants are welcome to present any grievance to their repre- sentative. He stated he has attended almost all of their meetings. He reported management is making an honest effort to correct conditions if it is economically feasible and that it felt the $20.00 rent increase was justified. Mrs. Jean Cooley, 9080 Bloomfield, Cypress, stated the rent increase is the main issue which has generated the other complaints. She reported that persons have withdrawn from the rent strike for health reasons, disinterest, to maintain good relations with neighbors or from intimidation by the management. Following discussion by the Council regarding items brought up by the speakers, it was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to keep this item on the agenda and request a progress report from the staff for the March 22 meeting. Mr. Malcolm Hawkins, 9080 Bloomfield, Cypress, stated the rent increase is the basic problem but he felt having only one entrance is a serious safety problem. CONSIDERATION OF ORDINANCE ESTABLISHING RENT CONTROLS AT THE LINCOLN CENTER MOBILE HOME PARK: The City Attorney summarized a letter dated March 2 regarding the possibility of adopting an ordinance to impose rent control for mobile home parks. He felt such an ordinance would be upheld by the court if the City was able to determine that a serious public emergency exists because of a critical shortage of mobile home park spaces and that exorbitant rents are charged which exploit the shortage. The rent controls would be temporary based on the duration of the public emergency. Mr. Murphy outlined 6 o City Council Minutes March 8, 1976 the Birkenfeld vs. City of Berkeley case and reaons why their rent control ordinance was not upheld in court. In light of the Berkeley case, the City Attorney felt a shortage in the City of Cypress alone would not be sufficient since the City can be considered to be within a "continuous urban geographical and transportation area" and he recommended that Cypress and contiguous communities be surveyed to determine if a shortage exists. It was moved by Councilman Harvey, seconded by Councilman Kanel and unanimously carried to approve the recommendation of the City Attorney and direct the staff to survey the number of vacancies and rental charges for mobile home parks within the City of Cypress and contiguous communities and that this information as well as input from involved residents be pre- sented at a future meeting in order to determine if a serious public emergency exists. RECESS: Mayor MacLain called a recess at 9:20 p.m. The meeting was called back to order at 9:45 p.m. with all Council- men present. CONTINUATION OF CONSIDERATION OF ARTS & CULTURAL COMMISSION APPOINTMENT: 5 regarding and Cultural The City Manager the appointment to Commission. presented a report dated March fill the vacancy on the Arts Councilman Harvey nominated Mrs. Bernice Kelley. Councilwoman Sonju seconded the nomination. Councilman Lacayo nominated Mrs. Carol Pulvino. The motion to nominate Mrs. Kelley carried. It was moved by Councilman Lacayo, seconded by Harvey and unanimously carried to appoint Mrs. to the Arts and Cultural Commission. Councilman Bernice Kelley CONTINUATION OF CONSIDERATION OF A RESOLUTION FROM THE CITY OF GARDEN GROVE RECOMMENDING THAT SCAG REFRAIN FROM COMPETING FOR STATE AND FEDERAL GRANTS: The City Manager presented a report dated March 5 describing the growth in membership, staffing and facilities of SCAG i~ comparison to growth of the southern California area. Also included were program and budget reports. Mayor MacLain reported on the intent of the Garden Grove reso- lution and stated it was a resolution in principle to remind SCAG of its responsibility in regional planning and requesting that it not interfere with local agencies and funds. It was moved by Councilwoman Sonju, seconded by Mayor MacLain and unanimously carried to direct the staff to prepare a reso- lution for the next meeting which is a resolution in principle similar in intent to the resolution of the City of Garden Grove. CONSIDERATION OF REQUEST FROM THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES TO CONSIDER STAFFING ALTERNA- TIVES AND FUNDING REQUIREMENTS OF THE LEAGUE: presented a report dated March 5 and a report dated February 17 regarding the above matter. The City Manager from the League Councilman Kanel noted that many City Councils are in the process of reorganizing and Councilman Harvey felt the alterna- tives for League staffing were extensive and should be given considerable attention. The Council agreed to direct Councilman Harvey, the voting representative, to request the Orange County League officers to continue this matter until after City Council elections are held in April. City Council Minutes March 8, 1976 Councilman Harvey reported he was forced to resign from the National League of Cities Transportation Committee because of the City Council's elimination of out of state travel expenses from the Council's budget. He reported that because of his past service and experience on the State and National League Transportation Committees, he recently received requests from the State League President and President of the National League of Cities to serve on the Steering Committee. He stated he would be unable to accept the appointment which would necessi- tate out of state travel unless the Council reconsiders its past action. Mayor MacLain placed this matter on the agenda as Item #31. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS ON LINCOLN AVENUE FROM MOODY STREET TO LOS ALTOS DRIVE, CITY OF CYPRESS PROJECT #7611-10-0800: The City Manager transmitted a report from the Public Works Director dated March 2 describing the street improvements and financing of the project. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to: (1) adopt the following Resolution by title only, title as follows which requests the County of Orange to increase their allocation for AHFP #800 by $21,000; (2) authorize a budgeted transfer from the 2106 Gas Tax Fund and appropriate $40,500 from the fund balance of the Gas Tax Fund to Account #10-4186-44121; and (3) approve the plans and specifications for improvement of Lincoln Avenue from Moody Street to Los Altos Drive, Project #7611-10-0800, and authorize the City Clerk to advertise for bids with bid date to be set after approval of the Orange County Road Department: RESOLUTION NO. 1698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION OF FUNDS TOWARD THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF LINCOLN AVENUE FROM MOODY STREET TO LOS ALTOS DRIVE, AHFP PROJECT ~800. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR CONSTRUCTION OF LIBRARY PARKING LOT, OUTDOOR LIGHTING AND IRRIGATION AND LANDSCAPING ON THE CIVIC CENTER SITE, CITY OF CYPRESS PROJECT #7503-90: The City Manager presented a report from the Public Works Director dated March 1 describing the parking lot, lighting and landscaping project for the new library facility. Included was a cost breakdown of the City's share, $69,655, and the County's share, $69,368. An additional appropriation of City funds in the amount of $29,200 is necessary and will be reim- bursed by the County. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to: (1) approve the amended Lease Agreement for construc- tion of the library site improvements, authorize the Mayor to execute and the City Clerk to attest; (2) authorize a budgeted transfer to the General Operating Fund and appropriate $29,200.00 from the fund balance of the General Operating Fund to Account ~10-4186-41524; and (3) approve plans and 8 o City Council Minutes March 8, 1976 specifications for the library site improvements, Project #7503-90, and authorize the City Clerk to advertise for bids with bids to be opened in the City Clerk's office at 10:00 a.m. on April 6, 1976. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the Commercial Warrant List for Warrants #41238 through 41387 in the total amount of $1,605,615.82. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONTINUATION OF CONSIDERATION OF PRIORITY LISTING FOR CAPITAL PROJECTS PARK BOND FUND BALANCE: The City Manager presented a report dated March 4 and a report dated February 17 which transmitted the Recreation and Park Commission's recommended priority listing for use of the Park Bond Fund balance. Funds total about $86,000. The staff recommended that the funds be used for two projects which were included in the bond issue proposal lighting and refurbishment of tennis courts at Lexington and Oxford schools and shade she] ters for Maple Grove North and Manzanita Parks. The staff reported that if the tennis court lighting is eligible for State Land and Water Conservation funds, the remaining balance can be applied to the other priorities. Councilman Harvey suggested that the funds be used for projects which were part of the original bond proposal and that the remainder be applied to the principal to reduce the bonded indebtedness and the tax rate. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to continue this matter to the March 22 meeting and that the staff consider Councilman Harvey's suggestion. CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF ORDINANCES ON RECREATION & PARK FACILITIES: The City Manager presented a report from the Recreation and Park Director dated March 4 which requested a continuance of this item. Hearing no objections, Mayor MacLain continued this item to the March 22 meeting. CONSIDERATION OF ADDITIONAL APPROPRIATION: The City Manager presented a report from the Recreation and Park Director dated February 24 listing appropriations which are necessary as part of the District six month budget adjustments. The items were inadvertently omitted from the list approved by the Council on February 23. It was moved by Councilman Kanel and seconded by Councilman Harvey that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, add the items listed in the staff report to the adjustments of City Council Minutes March 8, 1976 the 1975-76 budget for the Cypress Recreation and Park District. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF ACCEPTANCE OF PARK BOND PROJECTS: The City Manager presented a report from the Recreation and Park Director dated March 3 listing 17 projects which have been satisfactorily completed in accordance with plans and specifications for the 1973 Park Bond Fund projects. It was moved by Councilman Harvey and seconded by Council- woman Sonju that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, accept as completed in accordance with approved plans and specifications the seventeen projects funded by the 1973 Park Bond Funds known as Project Nos. 576.24 and 576.29 and that the City Council waive the imposition of any liquidated damages by reason of the failure to complete the contract on July 25, 1975. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Sonju and NOES: 2 COUNCILMEN: Kanel and Lacayo ABSENT: 0 COUNCILMEN: None MacLain Councilmen Kanel and Lacayo asked for a clarification of the waiver to impose liquidated damages. The City Attorney reported that he met with the Recreation and Park Director, representatives from the park consultant, Recreation Systems, Inc., and representatives from the con- tractor, J. B. Crosby Company, Inc., regarding this matter and the staff recommended the waiver since the delays were caused by factors (inclement weather, change orders, etc.) for which the contractor would be entitled to an extension of time if he had so requested during the course of construc- tion. The contractor requested the extensions in order to avoid liquidated damages and agreed to waive a request for additional compensation for various work items they felt were added to the contract. Councilman Kanel requested that his vote be changed to aye. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LISTS: It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants ~443 through 450 and #5193 through 5225 in the total amount of $1,134,370.03. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju The Council requested a staff report for the March 22 meeting on the following items: Item #27, consideration of 1975 voting rights bilingual provisions; Item #28, consideration of Colorado River Board; Item #29, consideration of a direct dial telephone number to the Fire Department for areas in the south portion of the city. 10. City Council Minutes March 8, 1976 CONSIDERATION OF VANDALISM & PARKING PROBLEMS AT OAK KNOLL PARK: Mayor MacLain requested that the staff investigate and present a report for the March 22 meeting regarding the complaints of apartment residents on Graham Street adjacent to Oak Knoll Park regarding solicitors and vandalism at the park. She requested the Traffic Commission to study the sight distance problems adjacent to the apartment driveways. CONSIDERATION OF APPOINTMENT OF COUNCILMAN HARVEY ON NATIONAL TRANSPORTATION COMMITTEE: Councilman Harvey mentioned that his service over the years on the State Transportation Committee had resulted in personal expense. He stated if the Council wishes he would like to serve on the National Transportation Committee. It was moued by Councilwoman Sonju and seconded by Councilman Kanel to approve the request to allow Councilman Harvey to serve on the National League of Cities Transportation Committee and to appropriate all necessary funds. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 3 COUNCILMEN: 0 COUNCILME%~: 0 COUNCILMEN: 2 COUNCILMEN: Kanel, Sonju and MacLain None None Harvey and Lacayo ORAL COMMUNICATIONS: There were no oral or written communica- tions presented at this time. Mayor MacLain placed Item 932 on the agenda regarding Condi- tional Use Permit #76-1 regarding a proposed development at the southeast corner of Lincoln Avenue and Denni Street. Mayor MacLain requested that Conditional Use Permit #76-1 be appealed. The Planning Director stated this would probably be set for a public hearing at an April meeting. EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 10:50 p.m. for matters of personnel. The meeting was called back to order at 11:25 p.m. with all Councilmen present. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to approve a deferred compensation plan for the City Manager in the amount of $2,000 annually° The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ADJOURMENT: It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to adjourn the meeting at 11:30 p.m. in recognition of Councilman John Kanel's twelve years of service on the City Council. The meeting was adjourned to Tuesday, March 9, 1976 at 7:30 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CIT~ ~.ER'K(~F THE CITY OF CYPRESS 11.