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Minutes 76-04-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 26, 1976 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, April 26, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, Hudson, Lacayo and MacLain Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Duke, Dunlap, Hawley, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: City Manager Darrell Essex led the pledge to the flag. PRESENTATION OF RESOLUTION OF COMMENDATION TO CYPRESS HIGH SCHOOL GIRLS' "CENTURIONS" BASKETBALL TEAM: Mayor MacLain presented a resolution of commendation to the coaches and members of the Centurions basketball team recognizing their outstanding 1976 season and their winning the Anaheim Girls' City League Championship. EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 6:40 p.m. for matters of personnel. COUNCILWOMAN SONJU ARRIVED AT 6:50 P.M. The meeting was called back to order at 7:30 p.m. with all Councilmen present. PRESENTATION BY MRS. STABLER, SOUTH COAST REPERTORY THEATER: Mrs. Barbara Stabler presented the Council with a brochure on the South Coast Repertory and invited them to a premiere performance June 17 which will honor civic leaders in the county. The purpose is to familiarize them with the theater. ORAL COMMUNICATIONS: to speak in regard to wished to speak. Mayor MacLain asked if anyone wished any matter not on the agenda. No one MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the minutes of March 31, and April 12 as corrected, with Councilmen Harvey and Lacayo abstaining on the March 31 minutes and Councilmen Sonju and Hudson abstaining on the April 12 minutes. Council- man Harvey stated that he met with the City Manager and discussed the contents of the March 31 meeting. At the City Manager's request, the Mayor placed Item #llb on the agenda regarding a proclamation for the Mother of the Year Award and Item #35 regarding Assembly Bill #2752. City Council Minutes April 26, 1976 Councilwoman Sonju requested a report for the next regular meeting regarding the direct dial telephone number to the Fire Department for residents in the south part of the City and a report regarding the possible expansion of Knott's Berry Farm and Volkswagen businesses in the City of Cypress. Councilwoman Sonju indicated she was dissatisfied with the slow progress of providing direct dial telephone service. CONSIDERATION OF AWARD OF CONTRACT FOR PRINTING OF RECREATION & PARK ACTIVITY BROCHURE, REQUEST FOR QUOTATION #7576-22RP: The City Manager presented a report from the Finance Department dated April 26 which outlined three bids submitted. Councilwoman Sonju recommended that the staff investigate other alternatives for printing the brochures such as in-house printing or using newsprint. Councilwoman Sonju moved to continue this item to the next meeting and request that other alternatives be studied. The motion died for lack of a second. It was moved by Councilman Hudson and seconded by Councilman Lacayo that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, accept the bid from News Enterprise as the lowest responsible bidder and award them the contract for printing the summer recreation brochure only, and request that the staff study alternatives for printing the remaining brochures. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #76-1: Mayor MacLain announced that this was the time and place to conduct the public hearing to consider the appeal of C.U.P. #76-1. She declared the hearing open and asked for the staff's report. The Planning Director presented a report dated April 22 and transmitted Staff Report PC#76-4 dated February 25 which des- cribed the proposal to establish a 7-Eleven and satellite stores at the southeast corner of Lincoln Avenue and Denni Street. The location is the site of a service station which has been abandoned for approximately two years. He reported the Planning Commission approved the revised plot plan on April 15 and rec- ommended that the Council's consideration of the permit be based on the revised plan. He read a letter from Shell Oil Company, owner of the property, which urged approval of the application. They indicated they have been unsuccessful for two years in trying to sell the property and finding someone interested in developing it to City standards. Mayor MacLain asked if anyone wished to speak in support. Mr. Lewis Morgen, 1180 S. Beverly, Los Angeles, representing Planned Development Corporation, the applicant, gave a brief summary of development activity on the property and stated their application for a 7-Eleven market and satellite stores was different from other proposals for freestanding stores. He reported the building would be slumpstone with a Spanish design and they planned to construct all stores at once. The 7-Eleven store would comprise 2400 square feet and the satellite stores 2800 square feet. He stated the applicant agreed with all conditions of approval. Mr. Morgen felt retail stores 2 o City Council Minutes April 26, 1976 represented the highest and best use of the property and reported the Southland Corporation was willing to sign a 20 year lease for the property because of its desirable location. He felt the development would be compatible with the Lincoln Avenue improvement program. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, supported the 7-Eleven store at this location and felt it would be a good addition to the neighborhood. He felt the store would be well maintained in accordance with City standards and would elim- inate an existing eyesore. He felt satellite stores in addi- tion to the 7-Eleven market would be doubly beneficial and that this development would attract other commercial develop- ment. He recognized that the property is not ideally suited to certain uses and that development must be practical. He felt the minor objections raised in the past were outweighed by the benefits of the proposal and noted there is now a crosswalk on Lincoln at Denni and the rear alley on the prop- erty will be eliminated. Mayor MacLain asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. Councilman Harvey urged the Council to approve the application and stated the Southland Corporation has a good performance record and he felt a convenience center is more advantageous than one freestanding store. Councilwoman Sonju asked if the applicant might request a modification to the plans in the future in order to install gas pumps. Mr. Morgen and Mr. Jim Thorton, regional manager for the Southland Corporation, stated the applicant has no intention of installing gas pumps at this location and will remove the underground tanks. It was moved by Councilman Lacayo, seconded by Mayor MacLain and unanimously carried to close the public hearing. It was moved by Councilman Harvey and seconded by Lacayo to adopt the following Resolution by title as follows: Councilman only, title RESOLUTION NO. 1711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING CONDITIONAL USE PERMIT NO. 76-1, WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, MR. HENRY C. HOLSTEIN, MOBILE VACUUM SERVICE: Mayor MacLain announced that this was the time and place for the public hearing to consider the application for a special permit by Mr. Henry C. Holstein. She opened the hearing and asked for the staff's report. The City Manager presented a report dated April 20 describing the application for a special permit to allow door-to-door solicitation for vacuum cleaner repairs and service. The Police Department investigation found no basis to deny the granting of the permit. Mayor MacLain asked if anyone wished to speak in support or opposition to the application. City Council Minutes April 26, 1976 Mr. J. W. Allen, 9080 Bloomfield, Cypress, asked what type of business would be conducted. Mr. Henry Holstein, 3350 Andy Street, Long Beach, the appli- cant, reported he repairs and services home vacuum cleaners. He reported that he and one mechanic perform the work. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to close the public hearing. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve a special permit for Mr. Henry C. Holstein for the solicitation of vacuum cleaner repairs and service with the solicitation hours to be 9 a.m. to 6 p.m., Monday through Saturday. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, RICHARD G. BLAKE: Mayor MacLain announced that this was the time and place for the public hearing to consider the application for a special permit by Mr. Richard G. Blake. She declared the hearing open and asked for the staff's report. The City Manager presented a report dated April 20 indicating the application for a special permit is to allow solicitation for painting curb addresses on Friday, Saturday and Sunday beginning at 9:00 a.m. The Police Department investigation found no basis to protest the granting of the permit. He reported the applicant is a full-time student and has requested a waiver of all special permit fees. Mayor MacLain asked if anyone wished to speak in support. Mr. Richard Blake, 1312 Chevy Chase Drive, Anaheim, the applicant, reported on his method of sol icitation. He stated he passes out fliers to residents who are requested to paste the flier on the curb if they do not wish the curb address painted. After the curb is painted he distributes a card to the resident stating he is trying to earn extra money for school and will be back that evening if they wish to make a donation. Councilman Lacayo asked if the applicant would ask permission from residents before painting the curb and he felt residents might feel obligated to make a contribution. Councilman Hudson objected to the method of solicitation since residents would be put in a position where they obligate themselves to take action in order for the applicant to perform or not perform the work. Mr. Blake stated he has tried the method of asking permission and it is less satisfactory and more time consuming than the present method. He reported that if someone does not see the flier, and he paints the curb, he does not pressure them for a donation. Donations are about $1 to $2. He stated he paints the address only if it is illegible. Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to close the public hearing. 4 o City Council Minutes April 26, 1976 Councilman Harvey stated there have been applications in the past involving a procedure of asking permission which were unsuccessful because of the time involved. He supported the applicant's method of solicitation as a fair business practice since he is willing to assume risk and it is successful for him. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to approve the special permit for Mr. Richard G. Blake to allow solicitation for the painting of curb address numbers with solicitation to begin at 9:00 a.m. and be restricted to Friday, Saturday and Sunday and to waive the special permit fees on the condition that the applicant provide evidence that he is a full-time student. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Hudson ABSENT: 0 COUNCILMEN: None Sonju and MacLain RECESS: Mayor MacLain called a recess at 8:50 p.m. The meeting was called back to order at 9:00 p.m. with all Council- men present. With the consent of the Council, the Mayor continued Item ~31, Continuation of Consideration of Noise and Water Feature Problems at Willow Park, to the May 24 meeting. CONTINUATION OF CONSIDERATION OF MOBILE HOME PARK PROBLEMS: The City Manager presented a report dated April 22 which transmitted a report from the Planning Director dated April 21 outlining the results of the survey of mobile home park vacancies and rent charges. In considering the possible adoption of a rent control ordinance for mobile home parks, the City Attorney advised that a public hearinq is not re- quired but he sugqested that one be held to obtain input from mobile home park owners, organizations and residents. Councilman Harvey questioned how the Council could determine that a public emergency exists due to a shortage and exorbi- tant rent charges for mobile home parks without comparing the vacancy factors of other types of residential development. The Planning Director indicated this information could be obtained from the census data of adjacent communities. The City Attorney indicated there were no clear guidelines from the courts but he felt the mobile home park issue could be considered separately. The City Manager summarized the survey results. The Council requested a report from the City Attorney for May 10 addressing the legal precedents for rent control, the procedure for enacting a rent control ordinance and the need to compare vacancy factors for all types of housing. Councilman Lacayo requested that the staff make a slide presentation of the survey results showing how the Lincoln Center Mobile Home Park compares with other mobile home parks. CONTINUATION OF CONSIDERATION OF AN EMERGENCY ORDINANCE PROVIDING FOR A MORATORIUM ON CONSTRUCTION OF MINI-WAREHOUSE STORAGE FACILITIES: The City Manager presented a report dated April 22 which transmitted a draft ordinance estab- lishing a 120 day moratorium on the construction of mini- warehouse storage facilities. City Council Minutes April 26, 1976 Councilman Harvey spoke in support of the moratorium which would give the Lincoln Avenue Action Committee time to study the problem of deep lot development and the Planning Commission an opportunity to consider placing this use in a more appro- priate, i.e., industrial zone. He suggested that the words, "over the past six months," be added to Section 2 of the ordinance to read: "The prohibition contained in Section 1 hereof shall not be construed to prohibit the construction of public storage facilities for which a conditional use permit has been previously authorized by the City over the past six months." He stated the recently approved mini- warehouse development on Lincoln, which included commercial development on the front 200 feet of property, would not be affected by the ordinance. Councilman Hudson suggested a moratorium on all development in the CH Zone so that future development may be in conformance with the objectives of the Lincoln Avenue Action Committee. He also suggested that uses which are subject to a conditional use permit be included in the moratorium. Mayor MacLain asked if the moratorium on mini-warehouses was subject to challenge. The City Attorney stated the Council could make the finding that a mini-warehouse is not a commercial use since it is not conducive to other commercial facilities. He differen- tiated mini-warehouses from other commercial uses because of the land area used and fact that mini-warehouses are not generators of retail sales. He stated the Council could prohibit uses subject to a conditional use permit if they feel they would be inconsistent with the final recommendations of the Lincoln Avenue Committee but he noted the conditional use permit itself provides control of development. He suggested that the Council address individual uses because a blanket prohibition would eliminate certain commercial uses which are desirable. Councilman Harvey stated the purpose of the moratorium is based on the fact that the configuration of many properties on Lincoln (deep lots, narrow frontage) lends them to this type of use and if one mini-warehouse is successful there may be a proliferation. A moratorium on all uses might penalize properties which could be developed for practical and desirable commercial use. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 566 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A 120-DAY MORATORIUM ON THE CONSTRUCTION OF MINI-WAREHOUSE FACILITIES IN THE CITY OF CYPRESS. It was moved by Councilman Harvey and seconded by Councilman Hudson to adopt Ordinance No. 566 with the insertion of the words "over the past six months" at the end of the sentence in Section 2. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None 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. City Council Minutes April 26, 1976 Councilman Hudson asked that Item #9 be removed. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to approve Items #4 through llb on the Consent Calendar with the exception of Item #9. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, $onju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Item 04: Consideration of Paving Subcontractor, 7600-90. of Contract Change Order and Change Community Development Project No. Recommendation: That the City Council: (1) approve Contract Change Order No. 1 in the amount of $3,880.50 as outlined in the staff report and (2) approve the change in designated paving subcontractor from Lewis Duran Construction Company to Imperial Paving Company. Item #5: Consideration of Transfer of Title to Well Site. Recommendation: That the City Council authorize the Mayor to sign and the City Clerk to attest the signature on the escrow instructions and Grant Deed for the City's interest in AP0134-181-14, subject to approval of the City Attorney. Item ~6: Consideration of An Alcoholic Beverage License Application for On Sale Beer and Wine Sales Requested by Darrel L. Kvenbo and Patricia A. Kvenbo, Four Queens Bar, 10461 Denni Street, Cypress. Recommendation: Receive and file. Item #7: Consideration of a Request from the Orange County Bar Association to Proclaim May 1, 1976 as Law Day U.S.A. Recommendation: That the Mayor and City Council proclaim May 1, 1976 as "Law Day U.S.A." in the City of Cypress. Item 08: Consideration of a Request from the Cypress Twirlers Square Dance Club to use the Civic Center Plaza Area on August 7 and September 4, 1976. Recommendation: That the City Council approve the request by the Cypress Twirlers Square Dance Club requesting the use of the Civic Center Plaza for square dancing on August 7 and September 4, 1976. Item #10: Consideration of Agreement with County of Orange for Checking Tract Boundaries on Final Maps. Recommendation: That the City Council approve the Agreement between the County of Orange and the City of Cypress for map checking services as outlined in the report and authorize the Mayor to sign and the City Clerk to execute, subject to approval of the City Attorney. Item #11: Consideration of a Resolution for Funds for Walker Street from Cerritos Avenue Avenue, City Project #6903-10-0467. Allocation of to Katella Recommendation: That the City Council adopt the following Resolution by title only, title as follows, requesting that the County of Orange increase their allocation for AHFP 0467 by $16,633.74: City Council Minutes April 26, 1976 RESOLUTION NO. 1712 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 WALKER STREET FROM CERRITOS AVENUE TO KATELLA AVENUE, AHFP ~467. Item #llb: Consideration of Proclamation for Cypress Mother of the Year Award. Recommendation: That the City Council approve the award of a proclamation for Cypress Mother of the Year in conjunction with the Cypress May Festival. In regard to Item #9, Consideration of City Council Opposition to Assembly Bill 3788 Prohibiting Cities from Establishing Rent Controls, Councilman Harvey felt the bill related to the power of cities versus the state to establish rent controls and was a separate issue from the City's position on rent control. Councilman Hudson recommended that this item be continued to the next meeting when the Council considers the problems at Lincoln Center Mobile Home Park and the question of rent control. He felt the City's involvement with rent control would lend support for taking a position to oppose the bill. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to go on record in opposition to Assembly Bill 3788 prohibiting cities from establishing rent controls and authorize the City Manager to notify the appropriate State legislators of the City Council's opposition to this measure. CONTINUATION OF CONSIDERATION OF COMMISSIONS' TERMS OF OFFICE: The City Manager presented a report dated April mitted the comments and recommendations of City regarding the length of terms of office. 22 which trans- commissioners The Council briefly discussed the Commissioners' recommendations. Mayor MacLain supported one six-year, non-renewable term for all commissioners. Councilwoman Sonju moved to direct the staff to draft an ordinance providing for a three year term, with no limitation on number of terms, for all commissioners. The motion died for lack of a second. It was moved by Councilman Hudson and seconded by Councilman Lacayo to direct the staff to draft an ordinance providing for one four-year term, which is renewable for an additional four year term, for all commissioners. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Sonju NOES: 1 COUNCILMEN: MacLain ABSENT: 0 COUNCILMEN: None Hudson, Lacayo and CONTINUATION OF CONSIDERATION OF CITY COUNCIL APPOINTMENTS: The City Manager presented a report regarding this matter dated April 22. Mayor MacLain presented her recommendations for City Council appointments. Councilman Harvey suggested that, because of his interest in commercial and industrial development, Councilman Hudson may wish to serve on the Indus- trial/Commercial Development Commission. Councilman Lacayo agreed to serve as representative to the Unified Orange County Cities Disaster Organization. Councilman Harvey requested that he remain the voting representative to the Orange County Division of the League of California Cities and he requested that this appointment be considered separately. 8 o City Council Minutes April 26, 1976 It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the Mayor's appoint- ments with the exception of the voting representative to the Orange County League. Councilman Harvey moved that he remain the voting represen- tative to the Orange County League of Cities. The motion died for lack of a second. It was moved by Councilman Lacayo and seconded by Mayor MacLain to appoint Councilman Hudson as voting representa- tive to the Orange County League of Cities. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Hudson, MacLain NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Lacayo, Sonju and The Mayor's appointments were as follows: Southern California Association of Governments MacLain representative, Sonju alternate Orange County Sanitation District MacLain representative, Lacayo alternate Orange County of California Division, League cities MacLain representative, Hudson voting repre- sentative Orange County Vector Control District MacLain representative City Audit Committee MacLain representative Santa Ana River Flood Protection Agency Harvey representative, Hudson alternate Unified Orange County Cities Disaster Organization Lacayo representative CONTINUATION OF CONSIDERATION OF DELETION OF THE REQUIREMENT~ FOR BILINGUAL VOTING MATERIALS: The City Manager presented a report regarding this matter dated April 22. Mayor MacLain spoke in opposition to the requirement. The City Attorney reported the City of Irvine filed a lawsuit and as a result of this action and efforts of cities across the country the Justice Department has issued preliminary regulations which would allow a city to selectively send out preliminary election notices advising that bilingual materials are available upon request. This approach would be considered compliance with the law. The City of Irvine did not pursue the lawsuit. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the cost of bilingual materials was an unfair burden to candi- dates who might be prevented from running for office and that the cost should be shared by all voters. Councilman Lacayo felt the requirement was not applicable to Cypress because of the small percentage of bilingual population and that if a person wishes the right to vote he should be able to read election material. Councilman Lacayo moved to receive and file the matter. The motion died for lack of a second. 9 o City Council Minutes April 26, 1976 Following further discussion, it was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to direct a letter to the appropriate Federal legis- lators encouraging the Justice Department to finalize guide- lines which would eliminate cities like Cypress from the bilingual requirement, supporting the elimination of the entire requirement or that the term political subdivision be redefined to include cities, and requesting that cities be given the option to poll residents as to the need for bilingual election materials. CONTINUATION OF CONSIDERATION OF A RESOLUTION OF THE CITY OF COSTA MESA REQUESTING.LEGISLATION WHICH WOULD REQUIRE UTILITY COMPANIES TO MARK POWER LINES THAT COULD BE HAZARDOUS TO AIR TRAVEL: The City Manager presented a report dated April 22 which transmitted correspondence from the Southern California Edison Company relative to FAA safety standard criteria. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to receive and file the matter. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue the following items to the May 10 meeting: Item #20, Continuation of Consideration of Records and Microfilming Project; Item #21, Continuation of Consideration of Telecom- munications Study. CONTINUATION OF CONSIDERATION OF FEE SCHEDULES: The City Manager presented a report from the Planning Director dated April 22 which transmitted a resolution which will implement the new Planning and Public Works fee schedule proposed as a result of the staff's study. Councilman Lacayo felt the fees for variances, conditional use permits, appeals to the Council and others relating to single-family property owners should be excluded from increases. Mr. Ken Hulse, opposed making improvements. 5158 Cumberland, Cypress, stated he strongly taxpayers subsidize an individual's home Following further discussion, it was moved by Councilman Lacayo and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows, with the following fees for single-family development: $6.00 for pool permit; $50 for variance; $10 for home occupation permit; and $50 for appeal to the City Council: RESOLUTION NO. 1713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING CERTAIN FEES FOR PUBLIC WORKS AND PLANNING DEPARTMENT SERVICES. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None 10. City Council Minutes April 26, 1976 CONTINUATION OF CONSIDERATION OF COUNCIL POSITION ON PROP- OSITION 15, THE NUCLEAR POWER PLANT INITIATIVE: The City Manager presented a report regarding this matter dated April 22. It was moved by Councilman Lacayo and seconded by Mayor MacLain that the Council go on record in opposition to Proposition 15, the Nuclear Power Plant Initiative. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, Lacayo and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju The City Attorney reported that initiation of a Zoning Ordinance amendment was necessary in conjunction with adoption of the moratorium for mini-warehouse facilities in the Com- mercial Highway Zone. It was moved by Councilman Harvey and seconded by Council- woman Sonju to initiate an amendment to the Zoning Ordinance to delete mini-warehouse storage facilities as a conditionally permitted use in the Commercial Highway Zone. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF CONSIDERATION OF GARDEN GROVE INDUSTRIAL COMPLEX ON THE NIKE SITE: The City Manager presented a report dated April 22 indicating the Garden Grove Planning Commission, on April 15, approved a planned unit development proposal by the Irvine Industrial Complex on a portion of the Nike site at Knott and Katella. The proposal is set for public hearing on May 4 before the Clarden Grove City Council. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to receiwe and file the report and direct a staff member to attend the May 4 Garden Grove City Council meeting and report back a~ the May 10 meeting. CONSIDERATION OF ESTABLISHMENT OF CITY COUNCIL POLICY FOR THE CITY NEWSLETTER: The City Manager presented a report dated April 22 outlining the following ~ewsletter policy suggested by the City Council at the April 12 meeting: Ail articles submitted by community organizations shall include only items related directly to the activities of the organization. Newsletter articles will not be accepted which highlight individual activities or accomplishments, except in those instances where an individual may be designated as chairman of a specific activity or organization. The City newsletter will be submitted to the City Council as an official item of City business as an agenda item to insure that any deletions, additions or corrections to the newsletter will be made bY a majority consent of the City Council. It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to adopt the above statements as the newsletter policy. 11. City Council Minutes April 26, 1976 CONSIDERATION OF AUTHORIZATION TO PROCEED WITH ANNEXATION NO. 76-1, SOUTH SIDE OF LINCOLN AVENUE, WEST OF VALLEY VIEW: The City Manager presented reports dated April 22 and 26 regarding the proposed annexation. The request for annexa- tion is by Mr. Barbour of Dick Barbour Datsun who represents three of the nine parcels. The three parcels represent 54.9% of the total assessed valuation of the unincorporated area. The City Manager indicated that annexation of the entire unincorporated property is possible regardless of potential protests from the remaining property owners. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to file an annexation proceeding with the Local Agency Formation Commission for Annexation 076-1 and initiate a pre-annexation zone change to Highway Commercial for the subject property. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF BICENTENNIAL ACTIVITIES: The City Manager presented reports dated April 22 and 23 describing proposed Bicentennial activities. Mayor MacLain requested Council authorization for the Bicen- tennial Committee to sponsor a Bicentennial Ball at the Community Center with a waiver of Community Center fees and to use shuttle buses for Family Day on May 8. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to authorize the Cypress Bicentennial Committee to use Cypress Elementary School District buses for Family Day on May 8 at a cost of approximately $160 and to sponsor a Bicentennial Ball on July 3 at the Cypress Community Center and that Community Center fees be waived. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Mayor MacLain noted it was 11:30 p.m. and the Council is required to adjourn. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue with the agenda until 11:45 p.m. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the Commercial Warrant List for Warrants #41560 through 41574 and 41786 through 41959 in the total amount of $1,973,443.78. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None 12. City Council Minutes April 26, 1976 CONTINUATION OF CONSIDERATION OF ENFORCEMENT OF ORDINANCES ON RECREATION & PARK FACILITIES: The City Manager presented a report from the Recreation and Park Director dated April 20 indicating that the Police Department will strengthen its enforcement of citing violators in regard to the problem of dogs defecating on parks. This was the main concern expressed by residents relating to enforcement of City ordinances. It was moved by Councilman Lacayo, seconded by Councilwoman $onju and unanimously carried to receive and file the report. The City Manager reported that an item regarding the six- month review of the Community Center Use Policy was ]eft off the agenda. Hearing no objections, the Mayor continued this item to May 10. CONSIDERATION OF EMPLOYMENT LIST PARK MAINTENANCE WORKER II, CYPRESS RECREATION & PARK DISTRICT: The City Manager presented a report from the Recreation and Park Director dated April 22 showing results of the promotional exam for Park Maintenance Worker II (employment list). It was moved by Councilman Lacayo and seconded by Council- woman $onju to certify the employment list for Park Maint- enance Worker II. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF NEW PROGRAMS AND FEE CHARGES FOR SUMMER PROGRAMS: The City Manager presented a report from the Recreation and Park Director dated April 20 outlining new summer recreation programs and fees and fee changes for existing programs. It was moved by Councilman Lacayo and seconded by Council- woman Sonju that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, ratify the action of the Cypress Recreation and Park Commission and establish the fees for the excursions, camping trip, and classes as described in the staff report. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants #464 through 469 and 5324 through 5422 in the total amount of $1,203,977.35. The motion unanimously carried by the fol- lowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain None None 13. City Council Minutes April 26, 1976 CONSIDERATION OF ASSEMBLY BILL 2752: The City Manager reported he received a communication from the Orange County Transit District requesting support for AB 2752 which proposes a change in legislation to establish a procedure for deter- mining just compensation for private transportation systems in the event there is competition from the Orange County Transit District. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING ASSEMBLY BILL NO. 2752. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None The Council agreed to conduct interviews for the Youth Commission on Saturday, May 1 beginning at 9:00 a.m. and budget review meetings on May 26, 27 and 28 beginning at 6:30 p.m. Councilman Harvey reported he would be unable attend the meeting on May 27. to EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 11:45 p.m. for matters of personnel. The meeting was called back to order at 12:08 a.m. with all Councilmen present. ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to address the Council at this time. There was no one wishing to speak. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 12:10 a.m. to Saturday, May 1 at 9:00 a.m. in the Adminis- trative conference room. MAYOR OF THE C!rTY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 14.