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Minutes 76-04-12MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD April 12, 1976 OF The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, April 12, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: Councilmen Harvey, Lacayo and MacLain ABSENT: Councilmen Hudson and Sonju Also present were Assistant City Manager Douglas Dunlap, City Attorney John Murphy, and the following City staff members: Bryant, Dalesandro~ Duke, Hawley and Osborn. PLEDGE OF ALLEGIANCE: The pledge to the flag was led by Councilman Lacayo. With the consent of the Council the Mayor placed the following items on the agenda: Item #43, consideration of Fire Department direct dialing for residents in south portion of the City; Item #44, consideration of appropriation of funds for Juried Art Show awards; Item #45, consideration of status of Los Alamitos Naval Air Station; Item #46, consideration of Nike property; Item #47, consideration of May Festival parade route; I~em #6(b) , consideration of addition of parcel AP#242-322-13 to Weed Abatement roll. Regarding Item #47, Councilman Lacayo read a petition from businessmen in the Walker/Ball Road shopping center who requested that the May Festival parade be rerouted to avoid blocking access to the shopping center and interference with business which occurred during last year's parade. Mr. Darrell Zdarstek, 4125 Ball Road, Cypress, Chairman of the May Festival Committee, reported the Chamber of Commerce reached a compromise with the businessmen and Police Chief. The route will be unchanged but east bound traffic on Ball Road will be open for access to the shopping center during the parade hours. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to receive and file the matter. PRESENTATION OF BASKETBALL TROPHY: Members of the Landell School girls' basketball team presented Mayor MacLain with a trophy and medal won by the team. The Recreation Director stated that this was the first year of competition at the state level for the team and they were undefeated in Orange County and placed third in the California tournament. EXECUTIVE SESSION: Mayor MacLain called an executive session for matters of personnel and litigation at 6:50 p.m. The meeting was called back to order at 7:40 p.m. with Councilmen Sonju and Hudson absent. ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter not on the agenda. There was no one who wished to speak. City Council Minutes April 12, 1976 MINUTES: It was moved by Councilman Lacayo, Harvey and unanimously carried to March 20 and March 22, 1976. seconded by Councilmal approve the minutes of CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF LIBRARY PARKING LOT, OUTDOOR LIGHTING AND IRRIGATION AND LANDSCAPING ON THE CIVIC CENTER SITE, CITY OF CYPRESS PROJECT #7503-90: Mr. Dunlap presented a repor~ ~rom the Public Works Director dated April 6 which outlined the six bids received. He reported a letter protesting the bidding process was submitted by California Landscape, the second low bidder. The staff recommended that all bids be rejected and the project be readvertised. The City Attorney stated the second low bidder questioned the ability of the apparent low bidder to submit a bid since the low bidder did not have a general contractor's license at the time of submittal of the bid. He has since obtained the license. It was moved by Councilman Lacayo and seconded by Councilman Harvey to reject all bids and readvertise for Project #7503-90. Mr. Patrick Duffy, attorney representing California Landscape, suggested that the Council consider awarding the contract to the second low bidder since increased construction material and wage costs will result in higher bids. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo and NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Hudson and Sonju MacLain 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. She asked if anyone wished to remove an item. Councilman Harvey asked that Item #14 be removed. Mayor MacLain asked that Items #2 and 3 be removed. Mr. Howard Rowen, 5831 Shirl Street, Item #11 be removed for discussion. requested that Item #11 be removed. Cypress, asked that Councilman Lacayo It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve Items #4 through 23 on the Consent Calendar with the exception of Items #2, 3, 11 and 14. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju Mrs. Pauline Geilenfeld, 9791 Lee Street, Cypress, inquired about Item #2, Consideration of Establishing No Parking Areas, and stated she supported the existing parking prohibition on Lee Street, Lee Drive and Fred Drive. The staff advised her that Item #2 did not refer to this area and the Traffic Commission considered this matter on March 19 and recommended a continuance of the parking prohibition on Lee Street, Lee Drive and Fred Drive. City Council Minutes April 12, 1976 It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to adopt the followi.~g Reso- lution by title only, title as follows: RESOLUTION NO. 1701 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "STANDING ZONES" AND "NO PARKING" AREAS. Item #4: Consideration of Transfer of Funds to the Valley View Street and Ball Road Projects, Projects #7651-10 and 7652-10. Recommendation: That the City Council: (1) authorize initiation of right-of-way acquisition on the Valley View Street and Ball Road Street Improvement Projects and (2) authorize a budget transfer in the amount of: a. $1000 from Account 10.4001.405.21 to Account 10.4001.453.21 b. $306 from Account 10.4006.405.21 to Account 10.4006.453.21 c. $2500 from Account 10.4189.405.21 to Account 10.4189.453.21 d. $600 from Account 10.4001.440.21 to Account 10.4001.465.21 e. $138 from Account 10.4006.440.21 to Account 10.4006.465.21 f. $1500 from Account 10.4189.440.21 to Account 10.4189.465.21 Item #5: Consideration of Street Improvements on Valley View Street from Ball Road to 1320 Feet South of Ball Road and Ball Road from 400 Feet West of Valley View to Juanita Street, City Project #7539-10-0780. Recommendation: That the City Council: (1) approve the increase in contract costs of $2,129.15 and (2) accept the street improvements on Valley View Street from Ball Road to 132~ feet south of Ball Road and Ball Road from 400 feet west of Valley View to Juanita Street, Project #7539- 10-0780, as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period providing no liens have been filed and to release the Faithful Performance Bonds upon expiration of one-year guarantee, providing no defects in material or workmanship become evident. Item #6: Consideration of Weed and Rubbish Abatement Program, Resolution Authorizing Posting of Properties and Declaring City's Intention to Abate. Recommendation: That the City Council adopt the following resolution by title only, title as follows, declaring that the listed properties constitute a public nuisance; declaring the City's intention to abate; directing the Street Superin- tendent to post notices; and setting the time and place for the public hearing of objections to the proposed abatement: RESOLUTION NO. 1702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC NUISANCEw DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON. City Council Minutes April 12, 1976 Item #6b: Consideration of Addition of Parcel t0 Weed Abatement Roll. Recommendation: That the City Council add A.P.#24~-322-13 to the Weed Abatement Roll and include it in Resolution 91701. Item 97: Consideration of a Resolution Approving the Appli- cation for a Traffic Safety Grant for a Bicycle and Pedestrian Safety Program. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR A TRAFFIC SAFETY GRANT FOR A BICYCLE AND PEDES- TRIAN SAFETY PROGRAM. Item ~8: Consideration of Adopting a Resolution Submitting a Traffic Safety Grant from the Public Works Department. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1704 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE APPLICATION FOR A TRAFFIC SAFETY GRANT FOR A SCHOOL AREA PROTEC- TION~ PEDESTRIAN AND BICYCLE TRAFFIC CONTROL DEVICES INVENTORY PROGRAM. Item #9: County' Youth Services Center Grant. Recommendation: That the City Council continue to the meeting of April 26, 1976. Item #10: Continuation of Consideration of Fee Continuation of Consideration of West Orange this item Schedules. Recommendation: That the City Council continue this item to the meeting of April 26, 1976. Item #12: Consideration of a Resolution of the City Council of the City of Newport Beach Expressing Opposition to SB 1579, California Coastal Plan. Recommendation: That the City Council support the City of Newport Beach and go on record in opposition to Senate Bill 1579. Item #13: Consideration of Auditor's Report on the Finan- cial Statements of the Cypress Recreation & Park District for the Fiscal Year Ended June 30, 1975. Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation & Park District, receive and file the report. Item #15: Consideration of Resolution from the City of Costa Mesa Opposing the Proposed Ballot Measure Pertaining to the Diversion of Motor Vehicle Fuel Taxes for Fixed Guideway Purposes. Recommendation: Receive and file. Item #16: Consideration of Adopting a Resolution Agreeing to Terminate the Intergovernmental Coordinating Council of Orange County. City Council Minutes April 12, 1976 Recommendation: That the City Council adopt the f~llowing Resolution by title only, title as follows: RESOLUTION NO. 1705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AGREEING TO TERMINATE THE INTER- GOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY. Item #17: Consideration of Order of City Council Business. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RESCINDING RESOLUTION NO. 1686 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. Item #18: Consideration of a Request for Designating the Week of May 9 15 as National Action for Foster Children Week. Recommendation: That the City Council officially declare the week of May 9 through 15, 1976 as "National Action for Foster Children Week" in the City of Cypress. Item #19: Consideration of a the Cypress High School Girls' for Winning the Anaheim Girls' Resolution of Commendation for "Centurions" Basketball Team City League Championship. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE CYPRESS HIGH SCHOOL GIRLS' "CENTURIONS" BASKETBALL TEAM FOR WINNING THE ANAHEIM GIRLS' CITY LEAGUE CHAMPIONSHIP. Item #20: Consideration of a Resolution of the City Council Establishing the General Prevailing Wage Rates for Both the City and the Cypress Recreation and Park District. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1708 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION & PARK DISTRICT ASCER- TAINING THE GENERAL PREVAILING RATE OF WAGES. Item #21: Consideration of an Alcoholic Beverage License Application for Off Sale Beer and Wine Sales, Requested by National Convenience Stores, Inc., Stop N Go Market, 5011 Ball Road, Cypress. Recommendation: Receive and file. Item #22: Consideration of an Alcoholic Beverage License Application for On Sale Beer and Wine Sales, Requested by Joseph Delisi, Pizza Joe's, 5111 Ball Road, Cypress. Recommendation: Receive and file. City Council Minutes April 12, 1976 Item #23: Consideration of an Alcoholic Beverage License Application for A Person-to-Person Transfer, Off ~le General Sales, Requested by Michael Ward Hill, Omega Liquors, 4340 Lincoln Avenue, Cypress. Recommendation: Receive and file. In regard to Item ~3, consideration of expenditure for Community Theater play production, Mayor MacLain requested that the reference to the Cypress Community Theater be deleted since this group is not in existence and the play will be directed by an individual. It was moved by Mayor MacLain, seconded by Councilman Harvey and unanimously carried to authorize an expenditure from the Arts & Cultural Commission budget in an amount not to exceed $550 for Cypress resident Stan Pritchard to direct a play contingent on the play being held in the City of Cypress. Regarding Item #14, consideration of a communication from the Local Agency Formation Commission concerning SB 1510, Councilman Harvey summarized the March 26 letter regarding SB 1510 which would permit cities to annex unincorporated County islands of any size without elections. He stated he opposed SB 1510 since County residents would lose their freedom of choice as to where they live by being forced to annex to a city. Councilman Harvey moved that the City Council go on record in opposition to SB 1510. The motion died for lack of a second. Mayor MacLain's concern was that, with the existence of County ~islands, city taxpayers are faced with double taxa- tion because county services are subsidized by city residents. A substitute motion was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to receive and file the matter. PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #76-1: Mayor MacLain announced that this was the time and place for the public hearing to consider the appeal of Conditional Use Permit #76-1 and she declared the hearing open and asked for the staff's report. The Planning Director reported the applicant requested that the hearing be continued until the entire Council is present. It was moved by Councilman Lacayo and seconded by Councilman Harvey to continue the hearing to the April 26 meeting. Mayor MacLain stated she was contacted by the applicant and she advised him of her concerns regarding the proposed devel- opment. She stated the development plans which were submitted to the Council were not the plans submitted to the Planning Commission and she asked that this matter be referred back to the Planning Commission for their review. A substitute motion was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to refer the matter regarding Conditional Use Permit #76-1 to the Planning Commission for their review with the condition that the appli- cant submit a final development plan, and continue this hearing to April 26. 6 o - ~ ~City Council Minutes April 12, 1976 PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #76-3: Mayor MacLain announced that this was the time and tlace for the public hearing to consider the appeal of Conditional Use Permit #76-3 and she declared the hearing open and asked the staff to present their report. The PlanNing Director summarized Staff Report PC#76-6 dated March 11 describing the proposal for a mini-warehouse storage facility in the CH-10,000 Commercial Heavy Zone on the south side of Lincoln Avenue approximately 750 feet west of Holder Street. The proposal is for 36 buildings containing 844 storage units having a total of over 80,000 squ~%a ~eet. The Planning Director presented slides of the subject property and the plot plan and elevations. He reported the Lincoln Avenue Action Committee reviewed the proposal and recommended denial since they felt a mini-warehouse/storage facility is not a retail/wholesale or true commercial operation and is a more appropriate use in an industrial zone. Mayor MacLain asked if the applicant wished to speak. Mr. David Christian, 12241 Glynn Avenue, Downey, California, the applicant, felt the development would be a reasonable use of the property and would increase the assessed value. He felt there was a need for a mini-warehouse storage facility in the immediate area. He felt it was economically unfeasible to construct a road on the property connecting with the peri- meter road on the Cypress College campus. He reported he has plans to develop the front portion of the property for commercial use such as office buildings. He stated the storage buildings are inexpensive and can be removed from the property if other development takes place in the future. Mayor MacLain asked if anyone wished to speak in favor. Mr. Harry Finch, 5273 Vista del Sol, Cypress, felt there was a need for this type of facility in the community since there were none nearby. He felt it would reduce the problem of on-street parking by recreational vehicles. Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. Councilman Harvey agreed there is a need for this type of facility but felt, because of the City's commitment to improve- ment of Lincoln Avenue to attract commerce and the fact that this use provides no sales tax revenue, this use is more appropriate in an industrial zone. He felt if this use is successful it may create a proliferation elsewhere on Lincoln. He suggested that all or a portion of the frontage of the property be retained for commercial use. He felt the Arlan property would provide another location for this use. Council- man Harvey asked the applicant if it would be feasible to develop a commercial use on the front 200 feet of the property. Mr. Christian described tentative plans to develop the front portion of the property for recreational vehicle storage until a different commercial use is feasible. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to close the public hearing. It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following resolution by title only, title as follows which approves Conditional Use Permit #76-3 subject to the conditions recommended by the staff with the condition that the temporary commercial use of the 200 feet of frontage be referred to the Planning Commission for consideration. Development of the 200 feet frontage will require a condi- 7o City Council Minutes April 12, 1976 tional use permit, submittal of a revised plot plan to the Planning Commission, and filing of a parcel map: RESOLUTION NO. 1709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN APPLICATION FOR A CONDITIONAL USE PERMIT - CONDITIONAL USE PERMIT #76-3. The motion unanimously carried by the following ~ ci~ call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju It was moved by Councilman Harvey and seconded by Councilman Lacayo to establish a 120 day moratorium for the development of mini-warehouse storage facilities in the Commercial Highway Zone and direct that the Planning Commission study placing this use in an industrial zone. The City Attorney stated the Council was unable to enact this as an emergency ordinance because of the absence of two Council members. The Council directed the staff to place the matter regarding the moratorium on the next agenda. PUBLIC HEARING RE: PUBLIC NUISANCE 4352 LINCOLN AVENUE: Mayor MacLain announced that this was the time and place for the~public hearing to consider a public nuisance at 4352 Lincoln Avenue. She declared the hearing open and asked for the staff's report. Mr. Dunlap presented a report from the Public Works Director dated April 6 indicating the property owner had satisfactorily cleared the property of all materials which could be considered to constitute a public nuisance. Mayor MacLain asked if anyone wished to opposition. There was no one wishing to opposition. The Mayor closed the public speak in favor or in speak in support or hearing. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to find that the nuisance conditions cited in Resolution ~1694 have been satisfactorily corrected and the property is not presently maintained in such a way as to constitute a public nuisance. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. GEORGE RIACH, JR., VRP CORPORATION: Mayor MacLain announced that this was the time and place for the public hearing to consider the above matter and she declared the hearing open and asked for the staff's report. Mr. Dunlap presented a report dated April 6 describing the application for a special permit to allow solicitation of Nutri Homo Food Supplement products. The Police Department investigation found no basis to protest the granting of the permit. Mayor MacLain asked if the applicant wished to speak. 8 o City Council Minutes April 12, 1976 Mr. George Riach, 10424 Cary Circle, Cypress, stated the applicant would distribute samples of the product a~d request that the users complete a form. Sales would be conducted based on the responses. Mr. Riach said the food supplement is an FDA approved product. Mayor MacLain asked if anyone wished to speak in favor or opposition. No one wished to speak in support or opposition. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to close the pu~ i~ hearing. It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve the special permit for Mr. George Riach, Jr., VRP Corporation, with the solicitation hours to be between 9:00 a.m. and 6:00 p.m., Monday through Saturday, based on the finding contained in City Code Section 15-62. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo and MacLain NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Hudson and Sonju PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. TERRY M. GIDEON, TRIPLE "T" FURNITURE: Mayor MacLaln announced that this was the time and place for the public hearing to consider the above matter. She declared the hearing open and asked for the staff's report. Mr. Dunlap presented a report dated April 8 regarding the application for a special permit for the operation of a secondhand furniture and appliance store at 5262 Lincoln Avenue. The Police Department investigation found no basis to protest the granting of the permit. Also transmitted was a memorandum from the Planning Director dated April 8 indicating that the request for outdoor sales and display of merchandise should be referred to the Planning Commission for design review. Mayor MacLain asked if the applicant wished to speak. Mr. Terry Gideon, 11822 South Street, Anaheim, California, reported he would sell new and used furniture and refurbished appliances. He presented photographs of the business showing outdoor display of merchandise. Mayor MacLain asked if anyone wished to speak in favor or opposition. No one wished to speak in support or opposition. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to close the public hearing. It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve the special permit for Mr. Terry M. Gideon, Triple "T" Furniture and Appliance based on the findings contained in City Code Section 15-62 and to refer the request for outdoor sales and display to the Planning Commission for design review. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju RECESS: Mayor MacLain called a recess at 9:35 p.m. The meeting was called back to order at 9:45 p.m. with Councilmen Hudson and Sonju absent. 9 o City Council Minutes April 12, 1976 In regard to Item ~11 on the Consent Calendar, con&ideration of resolution of the City of Costa Mesa requesting %egislation which would require utility companies to mark power lines that could be hazardous to air travel, Mr. Howard Rowen, 5831 Shirl Street, Cypress, reported that aircraft accidunts have occurred because of the invisibility of power lines and he suggested that the Council may wish to support the intent of the Costa Mesa resolution. It was moved by Councilman Lacayo and seconded by Mayor MacLain to adopt a resolution similar to the Costa Mesa resolution and forward it to State legislators. Mr. James Sumrow, Area Representative for Southern California Edison Company, 6692 Beach, Buena Park, California, asked that the Council review the Federal Aviation Commission's criteria for the marking of power lines before they take action. Councilman Harvey felt in remote areas where power lines continue for many miles it would be impractical to require a special signal on each pole and he recommended that the Council first review the FAA safety standards. A substitute motion was moved by Councilman Harvey, seconded by Mayor MacLain and unanimously carried to continue this matter to the next meeting and request information from the Edison Company relative to FAA safety standard criteria. It was moved by Councilman Laca¥o, seconded by Mayor MacLain and unanimously carried to continue the following items to the next meeting: Ifem #29, Continuation of Consideration of Commissions' Terms of Office; Item ~32, Continuation of Consideration of City Council Appointments; Item #33, Continuation of Consideration of Deletion of the Requirements for Bilingual Voting Materials. CONTINUATION OF CONSIDERATION OF MOBILE HOME PARK PROBLEMS: Mr. Dunlap presented a report regarding this matter dated April 8 which recommended that it be continued until April 26. He read a letter from Mr. Don Bendetti, part owner of the Lincoln Center Mobile Home Park, dated April 12 which reported the following items were completed: (1) the sprinkler cycle was shortened to prevent flooding, (2) a program was set up to check street lighting at regular intervals, (3) plants around the fire hydrants were trimmed and the hydrants were painted red; and (4) paving was repaired around Spaces 60, 191 and 257. Mr. George Gostenhofer, representing the Western Mobile Home Owners Association of Orange County, stated he would like to present a short film regarding mobile home park rent control when the Council considers this matter. Mr. Don Bendetti, representing Lincoln Center Mobile Home Park, 9080 Bloomfield, Cypress, stated about 50 out of 301 spaces were involved in the rent strike and that the park owner felt the strike was unwarranted. The owner felt the $20 rent increase was justifiable and reported there is a regular maintenance program at the park. He admitted that drainage and upkeep of the streets is a constant problem. He reported the owner planned to install a locked gate, card security system at the park. 10. City Council Minutes April 12, 1976 Mr. Tom Ulmer, 401 Civic Center Drive West, Santa Ana, Calif- ornia, attorney representing tenants involved in th~ rent strike, stated he advised the Planning Director of three on- going studies of mobile home park rent control. The Council continued this item to the next meeting. CONTINUATION OF CONSIDERATION OF REQUESTING THE STATE LEGIS- LATURE TO RECONSIDER ELIMINATION OF THE COLORADO RIVER BOARD: Mr. Dunlap presented a report regarding this matter dated April 8 which indicated a compromise was reachc~ ~atween the Board and Governor's office. It was moved by Councilman Lacayo, seconded by Councilman Harvey and carried, with Mayor MacLain dissenting, to receive and file the matter. CONSIDERATION OF TENTATIVE TRACT MAP 09289: The Planning Director presented the tentative tract map and a report dated April 6 which transmitted staff report PC076-8 dated March 26 describing the proposal to develop six single-family lots at the end of Rome Street and retain one commercial lot at 9731 Walker Street. He reported that there was no require- ment for street improvements on Walker Street but the Planning Commission did require a topography of the entire property to determine drainage flow. He reported that the City Council recently waived the requirements for street improvements on Walker and drainage fees on the commercial portion of property directly to the south which was proposed for residential dev- elopment. It was moved by Councilman Lacayo and seconded by Councilman Harvey 'to adopt the following Resolution by title only, title as follows, approving Tentative Tract Map 09289 subject to the conditions recommended by the staff with the condition that drainage fees for Parcel ~7 be waived: RESOLUTION NO. 1710 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP #9289. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo and MacLain NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Hudson and Sonju It was moved by Councilman Harvey, Lacayo and unanimously carried to items to the next meeting: seconded by Councilman continue the following Item 035, consideration of records and microfilming project; Item 036, consideration of telecommunications study; Item ~37, consideration of council position on Prop- osition 15, the nuclear power plant initiative. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve the Commercial Warrant List for Warrants 041574 through 41785 in the total amount of $1,672,558.19. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju City Council Minutes April 12, 1976 SECOND READING OF ORDINANCE REGULATING CARNIVALS & CIRCUSES: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 565 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE III OF CHAPTER 15 OF THE CODE OF THE CITY OF CYPRESS, REGULATING CARNIVALS AND CIRCUSES. It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt Ordinance No. 565. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju CONTINUATION OF CONSIDERATION OF SIX MONTH REVIEW OF COM- MUNITY CENTER USE POLICY: to the next meeting. The Council continued this matter CONSIDERATION OF AGREEMENT BETWEEN CYPRESS RECREATION & PARK DISTRICT AND ANAHEIM UNION HIGH SCHOOL DISTRICT: Mr. Dunlap presented a report from the Recreation and Park Director dated April 7 and transmitted an agreement under which the School District would pay the Recreation District for recreation programs on school premises. It was moved by Councilman Harvey and seconded by Councilman Lacayo that the City Council, acting as ex officio Board of Directqrs of the Cypress Recreation & Park District, authorize the Mayor and City Clerk to sign the agreement between the Anaheim Union High School District and Cypress Recreation and Park District as outlined in the staff report. The motion unanimously carried by the following roll call vote: A YE S: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju CONSIDERATION OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LISTS: It was moved by Councilman Harvey and sec- onded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants #457 through 463 and 5261 through 5323 in the total amount of $1,127,124.77. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju CONSIDERATION OF FIRE DEPARTMENT DIRECT DIALING FOR RESIDENTS OF THE SOUTHERN PORTION OF THE CITY: Mr. Dunlap presented a report dated April 9 which indicated two telephone lines will be in operation next year to provide direct dialing to the Fire Department for residents in the southern portion of the City. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to authorize the City Manager to communicate with the County Fire Marshal's Office ex- pressing the City Council's concern for the residents of this area in terms of direct dialing to the fire department station and requesting that the County proceed with the installation of these direct dialing lines. 12. City Council Minutes April 12, 1976 CONSIDERATION OF APPROPRIATION FOR JURIED ART SHOW .\WARDS: Mayor MacLain reported that the judge of the First ] nnual Juried Art Show had made ten honorable mention awards instead of five and that an appropriation was necessary for the additional $10.00 awards. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve an expenditure of $50.00 for five additional honorable mention awards for the First Annual Juried Art Show. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 0 COUNCILMEN: 2 COUNCILMEN: Harvey, Lacayo and MacLain None Hudson and Sonju CONSIDERATION OF STATUS OF LOS ALAMITOS NAVAL AIR STATION: Mayor MacLain reported that at a meeting April 2 of District 2 mayors and Supervisor Schmit they received information from Congressman Patterson relative to activity in Washington regarding the status of Los Alamitos Naval Air Station. They were advised that: (1) the Secretary of the Army has closed Ft. MacArthur in Long Beach and they may relocate at Los Alamitos NAS; (2) the Navy Department has asked the Department of Defense to make Los Alamitos a naval reserve mission with fixed wing but no jet activity and the Defense Department is to reply by June 30, 1976; and (3) the Defense Department temporarily tabled the Orange County Board of Supervisor's request for joint use at Los Alamitos. It was moved by Councilman Lacayo, seconded by Mayor MacLain and unanimously carried to receive and file the report. CONSIDERATION OF NIKE PROPERTY: Mr. Dunlap reported the Garden Grove Planning Commission was having a public hearing April 15 to consider a zone change of the public portions of the Nike site at Knott and Katella to industrial. He reported the Board of Supervisors has directed a study to evaluate sites other than the Nike property having potential for a regional park, which include the Arlan property. Councilman Lacayo recommended sending a letter to the Garden Grove Planning Commission urging that the first priority for the property be for public use since it is public property. It was moved by Councilman Lacayo and seconded by Mayor MacLain to adopt a resolution to be forwarded to the Garden Grove Planning Commission requesting that the primary use of the Nike property be for recreational purposes for the best interests of all taxpayers. Councilman Harvey felt the City of Cypress was competing with Garden Grove to develop a tax base and if there is a high industrial absorbtion rate for the Arlan property the Board of Supervisors might suggest that a portion of it be set aside for park purposes. Mr. Howard Rowen, 5831 Shirl Street, Cypress, reported the Irvine Company's report to the City of Garden Grove estimated a 5 to 6 year industrial ahsorbtlon rate and a 4 year commer- cial absorbtion rate for the 85 acres. The motion carried with Councilman Harvey abstaining. Councilman Lacayo moved to reconsider the motion and to direct a letter to the Garden Grove Planning Commission requesting that the primary use of the Nike property be for park purposes. The motion died for lack of a second. 13. City Council Minutes April 12, 1976 Councilman Harvey expressed concern about other interests behind the scenes which may support a regional park on the Nike property to ensure the retention of the approach pattern to Los Alamitos Naval Air Station. Mayor MacLain asked that this matter be placed on the next agenda and the Council directed a member of the staff to attend the April 15 Garden Grove Planning Commission meeting. At Councilman Harvey's request, the Mayor placed Item #48 on the agenda regarding a report on Chamber of Commerce staff. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to direct a letter to the Chamber President requesting an assessment of the productivity of the management staff of the Chamber of Commerce. The Council for May 28, for May 1. tentatively agreed to schedule budget sessions 29 and 30 and interviews for Youth Commissioners ORAL COMMUNICATIONS: Mayor MacLain to address the Council at this time. to speak. asked if anyone wished There was no one wishing At Councilman Lacayo's request, the Mayor placed Item ~49 on the agenda regarding the City newsletter policy. Following discussion regarding newsletter articles and establishing a newsletter policy, the Council requested a report on this matter for the next meeting and that there be full discussion by the Council at the meeting and that the newsletter contain articles on organizational activities only and no personal articles and that there be no personal use of the newsletter by Council members. ADJOURNMENT: It was moved by Councilman Lacayo, Harvey and unanimously carried to 11:30 p.m. seconded by Councilman adjourn the meeting at ATTEST: ~/~.~f ~ ~ CITY CLERk OF THB/ CITY OF CYPRESS 14.