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Minutes 76-05-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 10, 1976 The regular meeting of the Cypress City Council was called to order at 6:37 p.m. on Monday, May 10, 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 Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Bryant, Duke, Dunlap, Hawley and Schatzeder. PLEDGE OF ALLEGIANCE: Councilman Harvey led the pledge to the flag. ADMINISTRATION OF OATH OF OFFICE TO CYPRESS YOUTH COMMISSIONERS: The City Clerk swore in the following members of the Youth Commission: Kathy Sholes, Judith Yolken, Delia Rios, Lane Landmeier, Terry Monreal, Angela Terry, Robert Granadino, Brian Cardoza and Denise Randel. Mrs. Arline Burgmeier of the Cypress Bicentennial Committee, Mrs. Diane Woodson and Mrs. Barbara Hill presented Mayor MacLain with a Sweepstakes trophy which the Committee won for their float entry in the May 8 May Festival Parade. Mrs. Woodson and Mrs. Hill were the designers and builders of the float. COUNCILWOMAN SONJU ARRIVED AT 6:45 P.M. MINUTES: It was moved by Councilman Lacayo, seconded by Mayor MacLain and unanimously carried to approve the April 26 minutes as corrected. ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Michael Osborn, 9532 Sonwell Place, Cypress, reported his street was blocked off for the May Festival Parade which resulted in inconvenience to his family and neighbors. The residents were not notified that the street would be blocked off and he requested that they be notified next year. At the City Manager's request, the Mayor placed Item #43 on the agenda regarding an extension of the rubbish franchise contract. Councilwoman Sonju recommended that the staff issue a press release regarding the withdrawal of portions of the City from the flood hazard areas. Councilman Harvey suggested that the Council may wish to consider ending its membership in the Santa Ana River Flood Protection Agency and he requested a report on this matter for the next meeting. CONSIDERATION OF AWARD OF CONTRACT FOR SEWER CLEANINGw REQUEST FOR QUOTATION #7475-48: The City Manager presented a report from the Finance Department dated May 4 recommending a renewal of the annual contract for sewer cleaning to Willis H. Walker at the same price structure and conditions of the original bid. City Council Minutes May 10, 1976 It was moved by Councilman Harvey and seconded by Councilwoman Sonju to award the renewal of the present sewer cleaning contract for one additional year to Willis H. Walker, 414 N. Philadelphia Street, Anaheim, California, with the total contract not to exceed $18,000. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 C©UNCILMEN: None Lacayo, Sonju CONTINUATION OF CONSIDERATION OF MOBILE HOME PARK PROBLEMS: The City Manager presented a report dated May 6 which transmitted a report from the City Attorney dated May 6 addressing a rent control ordinance and a report from the Planning Director dated May 6 outlining survey results of vacancy factors of various types of housing in the area. Mr. Tom Ulmer, 401 Civic Center Drive West, Santa Ana, attorney representing tenants of Lincoln Center Mobile Home Park, 9080 Bloomfield, Cypress, stated at the next meeting he would furnish the Council with a recently completed 1976 census which will breakdown the housing situation in the county. Assemblyman Paul Carpenter, 12062 Valley View, Suite 237, Garden Grove, stated he opposes rent control for apartments for several reasons but these reasons do not pertain to mobile home parks. He supported the Council's efforts for some type of control of mobile home parks and reported he was co-author of AB 718 which would have provided for a degree of rent control for mobile home parks. He reported the bill passed the assembly but did not pass the senate. Mr. Ulmer introduced the following tenants of Lincoln Center Mobile Home Park who discussed rent charges and conditions at park. the Mrs. Donna Anderson, space 42, felt the tenants are co-investors with the owner in a mobile home park and reported that costs for attachments, such as awnings, porches, carport and patio covers are $1800 to $3000, and fencing and landscaping costs are extra. She reported the park now allows new tenants with double- wide coaches only and since the park was not designed for double- wide coaches she felt this would create crowded conditions. Mr. Vandervort, space 60, reported his rent was $79 eight years ago and now is $139 for a double-wide coach. He reported he is on a fixed income of $209 a month. Mrs. Jean Cooley, space 69, reported her rent has been increased $40 over an 18 month period and that the increases for all tenants have not resulted in meaningful improvements in the park. She felt the $10 and $20 rent increase for 301 coaches resulted in a $144,000 annual increase which was not warranted by any improve- ments in the park, maintenance or taxes. Mrs. Elizabeth Martin, space 4, reported in 1972 her rent was $94 per month and now is $131. She reported she is retired and has a fixed monthly income of $280. Mrs. Helen Green, space 36, reported in June, 1969 her rent was $84 and now is $131. She reported that for a similar coach in space 133, the rent was $84 in 1969 but now is $141. She felt there was a discrepancy in rental charges and that she is paying the same rent as a person with a child. City Council Minutes May 10, 1976 Mrs. Margaret Douglas, space 38, reported she did not receive a reduction in rent when she sold her coach for a smaller coach and when the extra person's charge was made illegal. Mr. John Anderson, attorney representing tenants of Lincoln Center Mobile Home Park with Mr. Ulmer, reported there were more cases of discrepancies in rent charges besides those just reported. According to the Bureau of Labor Statistics he stated the cost of living index since 1968 has risen 49.1% while the average rent in the park has increased over 100% in the same period. He felt the lack of competition is a disadvantage and that the only solution seemed to be rent control. Mr. E. Ricosty, space 57, reported that three weeks before he moved into the park he was told the rent would be $101 but when he signed the papers the rent charge was $108. Six months later the rent was increased to $128. He thought there were eight to ten persons on the park payroll who were given free rent. He reported that teenagers harass the management, drink, smoke pot, and loiter and the recreation leader does not plan any programs. Mr. Frank South, space 181, complained about the lack of security at the park and about the behavior and drinking problems caused by a group of 10 to 12 teenage troublemakers. He reported the recreation leader does not supervise any games for teens. Mr. J. W. Allen, space 191, reported that since the rent strike began he has been bothered by many calls inquiring if he is interested in selling his coach. Mr. Charles Weston, space 110, reported that he was assistant manager at the park for nine years and during that time the park was well maintained. He reported he was replaced by three maint- enance men and the park is not as well maintained. He reported management has been unable to prevent teens from drinking every night. Mr. John Kanel, 5502 Mildred Circle, Cypress, felt abuses at the park which also exist state-wide and Council to adopt a rent control ordinance. there were he urged the Mr. John Dailey, past president of Golden State Mobile Homeowners' League, reported that there are eight 4-star family parks and seven 5-star parks in the county and that Lincoln Center is a 5-star park. He reported that of the 16,668 family and adult spaces there are presently 4 available spaces in the county. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt that since the park owner has refused to cooperate, rent control appears to be the only solution although it would be temporary. He felt a permanent solution would be a renewable lease which specifies standards of maintenance. He felt the park needs community control on social issues and permission for police entry and action. He suggested a review of the conditional use permit to determine if the percentage of lot coverage is exceeded. Mayor MacLain announced that it was time to conduct the public hearings. She opened the following hearings and continued them until a~%er th~s ~em: PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-2; PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-1; PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1976. City Council Minutes May 10, 1976 Mr. Howard Rowen, 5831 Shirl Street, Cypress, president of the Cypress Citizens' Association, reported the Association discussed the issue of rent control with tenants and representatives of the owner of Lincoln Center. The Association felt the problems at Lincoln Center were due to unresponsiveness of the owner to negotiate with the tenants but that rent control is a radical action which can have a negative impact once imposed and it should be a last step. He suggested that the Council pursue nuisance abatement and investigate the conditions of the condi- tional use permit for the park before imposing rent control. RECESS: meeting present. Mayor MacLain declared a recess at 8:15 p.m. The was called back to order at 8:25 p.m. with all Councilmen Mr. George Gostenhofer, president of Western Mobilehome Asso- ciation, 4341 Birch, Suite 207, Newport Beach, presented a film showing the results of rent Controls which were imposed in several east coast cities which led to foreclosures, abandoned buildings and blighted areas. Mr. Gostenhofer reported he is in the process of setting up a mobile home residents' council where tenants may discuss any problems at a hearing with WMA's grievance com- mittee. He recommended this approach before imposing rent control. Mr. Bill Anderson, representing the owner of Lincoln Center, introduced Mr. Peter DeKrassel, attorney for Western Mobilehome Association, 4341 Birch, Suite 207, Newport Beach. Mr. DeKrassel reported that WMA supported the final draft of AB 718 but when the bill reached the senate, it was pulled by tenants organiza- tions for not having enough strength. He reported the DMV fee is $250 per half coach for the first year and that the DMV depre- ciates the coaches quickly over a six year period and by the sixth year the tax is a nominal amount. Mr. DeKrassel felt rent control is drastic and should be the last resort since it requires home- owners to subsidize renters. He felt the Council should consider the municipal cost to run a rent control program which he esti- mated at about $10 per space annually. He suggested that the Council consider the alternative of rezoning land to allow con- struction of additional mobile home parks. He reported that the Birkenfeld vs. City of Berkeley case was heard by the Calif- ornia Supreme Court last week and a decision should be forthcoming within 90 days. He felt this case would provide more definitive guidelines to govern rent control. Mr. Bill Anderson reported that rents at the park are determined by size and location of the coaches in relation to the clubhouse. He reported that during Phase 3 of the national price controls in 1972, rent at the park was raised a flat rate of $10. The park was audited by IRS and prevented from making a blanket increase and the park owner had to adjust over 200 rents. This resulted in the discrepancy among rates since rentals were deter- mined on an individual basis. Mr. DeKrassel reported that Western Mobilehome Association has gone on record opposing rent gouging and they recommend that their members make long-term leases available to tenants. He supported WMA's grievance committee as an alternative to rent control. It was moved by Councilwoman Sonju and seconded by Mayor MacLain that the Council make a finding that a public emergency exists due to the shortage of mobile home park spaces and that exorbitant rates are charged based on the shortage, that management and maintenance at Lincoln Center has been poor, to direct the City Attorney to prepare a rent control ordinance for mobile home parks with a one year limitation, and refer the conditional use permit to the Planning Commission for review to determine any violations. 4 o City Council Minutes May 10, 1976 Mr. Bill Anderson referred to his letter to the Planning Director dated May 6 which indicated Lincoln Center has a 5-star rating from Southern California Mobilehome Directory and a 4 1/2-star rating from Woodall's Mobilehome Park Director and Lincoln Center does not advertise in or contribute to these publications. He felt Lincoln Center could not be compared with other parks in the staff's survey area since it is the only family park, it provides natural gas and this cost should be taken into account, and costs of operating a family park are higher than for an adult park since more services must be provided and the extra person's charge is prohibited. He stated he invited WMA's grievance committee to Lincoln Center but requested that rent strike issues not be discussed at this time. He advised that the card security system will be installed. Mr. Don Bendetti, representing the Lincoln Center owner, stated the park is taxed on land value which includes the land itself and improvements on the land (clubhouse, paving, underground water and sewer utilities.) A substitute motion was made by Councilman Hudson and seconded by Councilman Lacayo that the Council make the finding that a public emergency exists due to the shortage of mobile home park spaces and that exorbitant rates are charged based on the shortage. Councilman Harvey felt there was insufficient evidence that a shortage exists throughout the county and in the survey area and no evidence showing a comparison of rentals at Lincoln Center and other parks in the survey area. He felt the tenants' grievances were directed towards management and problems regarding security and maintenance. He did not support rent control at this time without considering other alternatives and felt it should be a last resort. He recommended continuing this matter until findings are made in the Birkenfeld vs. City of Berkeley case. The substitute motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Lacayo, Sonju and MacLain It was moved by Mayor MacLain and seconded by Councilman Harvey to request a report for the next meeting on the tax assessment figures for Lincoln Center for the last five years and that the staff make a visual presentation on the statistical data gathered in the staff's survey of mobilehome parks. 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 It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to refer the conditional use permit for Lincoln Center to the Planning Commission for review to determine compliance with the Zoning Ordinance and conditions of the permit. RECESS: Mayor MacLain called a recess at 10:25 p.m. The meeting was called back to order at 10:35 p.m. with all Council- men present. PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #76-2: Mayor MacLain reopened the public hearing and asked for the staff's report. The Planning Director presented a report dated May 6 which trans- mitted Staff Report PC#76-11 dated April 9 describing the amend- ment. The Planning Commission approved the amendment on April 15. The amendment will change the designation of property along Acacia Drive, south of Crescent Avenue, from high-density residential to low-density residential. City Council Minutes May 10, 1976 Mayor MacLain asked if anyone wished to speak in support. The following persons spoke in favor of General Plan Amendment #76-2: Mr. Larry Wuebker, 8661 Acacia Drive, Cypress Mrs. Mary van den Raadt, 8644 Acacia Drive, Cypress Mayor MaoLain asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. 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 adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO THE GENERAL PLAN NO. 76-2. 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 PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-1: Mayor MacLain reopened the public hearing and asked for the staff's report. The Planning Director presented a report dated May 6 which outlined proposed amendments to the Zoning Ordinance which relate to the RS-15,000 Zone. The amendments attempt to better regulate agricultural uses in this zone as well as com- mercial activities and activities such as the keeping of horses and other animals. The Planning Commission approved the proposed amendments on April 15, 1976. The Planning Director reported that the Planning Commission did not recommend a prohibition of the wholesaling of products raised in this zone since control could be exercised through a conditional use permit. Mayor MacLain asked if anyone wished to speak in support of or in opposition to Amendment to the Zoning Ordinance ~76-1. No one wished to speak in support or in opposition. The Mayor declared the hearing closed. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 91.B OF ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, RELATING TO AGRICULTURAL USES IN RESIDENTIAL ZONES. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the first reading of the Ordinance. 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 6 o City Council Minutes May 10, 1976 PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1976: Mayor MacLain reopened the public hearing and asked for the staff's report. The Public Works Director presented a report dated May 3 which transmitted a resolution listing parcels in need of weed abatement. He stated the purpose of the hearing is to hear objections and individual protests to the weed abatement program. Mayor MacLain asked in opposition to the wishing to speak in the hearing closed. if anyone wished to speak in support of or weed abatement program. There was no one support or opposition and the Mayor declared It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1716 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 CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. 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 Mayor MacLain reported that concrete is northwest corner of Ball Road and Denni the staff investigate. being dumped at the and she requested that 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 NO. 7503-90: The City Manager presented a report from the Public Works Director dated May 6 and outlined the six bids which were received. It was moved by Councilman Lacayo and seconded by Councilman Hudson to determine that the lowest responsible bidder for Project #7503-90 is Moulder Brothers and award a contract for the Library Parking Lot and Library Landscaping to Moulder Bros., 511 Western Avenue, Long Beach, California, in the amount of $107,391. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONSIDERATION OF AWARD OF CONTRACT FOR RENEWAL OF AUTO TOW SERVICE: The City Manager presented a report dated May 6 which recommended a renewal of the contract for automobile towing services with Cypress Auto Tow under the same terms and rates of the current contract. It was moved by Councilman Harvey and seconded by Councilman Lacayo to authorize the City Manager to renew the contract for auto tow services with Cypress Auto Tow for the period July 1, 1976 to June 30, 1977 with no change in the provisions of the contract. 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 7 o ~!~'~i~ty Council Minutes May 10, 1976 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. Councilman Hudson requested that Items #15, 16 and 17 be removed. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve Items #4 through 18 on the Consent Calendar with the exception of Items #15, 16 and 17. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Item #4: Consideration of an Alcoholic Beverage License Appli- cation for On Sale Beer and Wine Sales, Requested by Gary L. and Sherry W. Krumwiede and Phillip R. Kimes, Pizza Pub, Southwest Corner of Ball Road and Valley View Street, Cypress. Recommendation: Receive and file. Item #5: Consideration of a Request from the Orange County Law Day Coordinator to Proclaim May 1, 1976 as Orange County Law Day. Recommendation: That the Mayor and City Council proclaim May 1, 1976 as "Orange County Law Day" in the City of Cypress. Item #6: Consideration of a Request of Supervisors to Proclaim May 9-15, Children Week. from the Orange County Board 1976 as Action for Foster Recommendation: That the Mayor and City 9 through 15, 1976 as "Action for Foster City of Cypress. Council proclaim May Children Week" in the Item #7: Consideration of a ciation of Health Facilities National Nursing Home Week. Request from the California Asso- to Proclaim May 9-16, 1976 as Recommendation: That 9 through 16, 1976 as of Cypress. the Mayor and City Council proclaim May "National Nursing Home Week" in the City Item #8: Consideration of a Request from the Orange County Transit District to Proclaim May 16-22, 1976 as National Trans- portation Week. Recommendation: That the Mayor and City Council proclaim May 16 through 22, 1976 as "National Transportation Week" in the City of Cypress. Item #9: Consideration of a Request from the International Institute of Municipal Clerks to Proclaim May 9-15, 1976 as Municipal Clerks' Week. Recommendation: That the Mayor and City Council proclaim May 9 through 15, 1976 as "Municipal Clerks' Week" in the City of Cypress. Item ~10: Consideration of a Request from the Chairman of the National Public Works Week Committee to Proclaim May 23-29, 1976 as National Public Works Week. Recommendation: That the Mayor and City Council proclaim May 23 through 29, 1976 as "National Public Works Week" in the City of Cypress. City Council Minutes May 10, 1976 Item #11: Consideration of a Request from the United Cancer Institute to Proclaim September 8, 1976 as National Cancer Day. Recommendation: That the Mayor and City Council proclaim September 8, 1976 as "National Cancer Day" in the City of Cypress. Item #12: Consideration of a Request from the Fiesta Committee for Waiver of Fees for the St. Catholic Church Annual Fiesta. St. Irenaeus Irenaeus Recommendation: That the City Council grant the request to waive all required fees for the St. Irenaeus Catholic Church Annual Fiesta on June 19 and 20, 1976 with the condition that no fee building and electrical permits be obtained for carni- val activities. Item #13: Consideration of Application for Waiver of Admission Tax by St. Mary's Hospital Guild, Inc. Recommendation: That the City Council waive the admission tax requirement for the St. Mary's Hospital Guild for the "Night at the Races" on June 2, 1976. Item #14: Consideration of the Extension of the City-County Health Services Agreement. Recommendation: That the City Council approve the extension of the City-County Health Agreement, to terminate on October 31, 1976, and authorize the Mayor to sign and the City Clerk to attest to the subject agreement extension. Item #18: Consideration of Establishing "No Parking" Zones. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1717 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "STANDING ZONES" AND "NO PARKING" AREAS. In regard to Item #15, Consideration of Expenditure for the Development of a Summer Improvisational Music Program, Councilmen Hudson and Sonju expressed concern that the Arts and Cultural Commission requested to fund a program which they felt should be provided by the school district and that the program would be unavailable to portions of the City not within the Cypress School District. Regarding Item #17, Consideration of Sponsor- ship of an Excursion to the Schubert Theater, Councilman Hudson was concerned about funding a program which only a small portion of the community may be aware of and Mayor MacLain objected to providing the bussing costs which she felt should be paid by the participants. Regarding Item #16, Consideration of Alloca- tion of Funds for Lexington Jr. High School Choral Group, Mayor MacLain objected to funding the group and Councilman Hudson expressed concern about setting a precedent of funding school programs. MS. Joyce Ginns, chairwoman of the Arts and Cultural Commission, 4573 Rainier Drive, Cypress, explained the improvisational music program and excursion to the Schubert Theater. City Council Minutes May 10, 1976 It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to continue Items #15, 16 and to the next meeting and request a further report regarding these items. CONTINUATION OF CONSIDERATION OF AN ORDINANCE ESTABLISHING 17 TERMS OF OFFICE FOR CITY COMMISSIONS: The City Manager presented a report regarding this matter dated May 7. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 2-2.22 OF THE CYPRESS CITY CODE RELATING TO THE TERMS OF MEMBERS OF COMMISSIONS AND COMMITTEES. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the first reading of the Ordinance. 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 WEST ORANGE COUNTY YOUTH ~ERVICES CENTER G~ANT (JUVENILE DIVERSION PROGRAM) : Hearing no objections, the Mayor continued this item to the May 24 meeting. CONTINUATION OF CONSIDERATION OF THE DEVELOPMENT OF THE NIKE SITE IN GARDEN GROVE: The City Manager presented a report dated May 7 which advised that the Garden Grove City Council approved on May 4 an industrial development proposal on the Nike property. The Board of Supervisors also initiated a study of land costs in this area, including undeveloped properties in the City of Cypress, for park purposes. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to authorize the City Manager to transmit a communication to the Orange County Board of Supervisors opposing the location of a regional park facility in the City of Cypress and direct the staff to prepare a report comparing the availability of parks in this part of the County with the rest of the County. With the consent of the Council, the Mayor continued the following two items to the May 24 meeting: Item #26, Continuation of Consideration of Records and Microfilming Project; Item #27, Continuation of Consideration of Telecom- munications Study. CONTINUATION OF CONSIDERATION OF DIRECT TELEPHONE DIALING FOR EMERGENCY FIRE SERVICE: The City Manager presented a report dated May 7 which indicated Chief Downs of the Fire Warden's office would review with the Orange County Communi- cations Director the City's request for immediate action to install the direct dial telephone system in the southern portion of the City. It was moved by Councilwoman Sonju and seconded by Mayor MacLain to continue this item to the next meeting and that it be placed as Item #1 under Deferred Business on the agenda. 10. City Council Minutes May 10, 1976 Councilman Harvey inquired about the possibility of advancing funds to the County to implement this program and Councilwoman Sonju suggested sending a letter to the Board of Supervisors requesting immediate implementation of the program. The City Manager reported the problem did not concern funding but inte- gration of the system into the existing communication system. Mayor MacLain withdrew the second to the motion. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to continue this matter to the next agenda as Item #1 under Deferred Business and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1718 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO EXPEDITE THE INSTALLATION OF A DIRECT DIALING COMMUNICATION SYSTEM FOR EMER- GENCY FIRE SERVICE FOR RESIDENTS IN THE CITY OF CYPRESS. 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 AN ORDINANCE RELATING TO THE ESTABLISHMENT OF THE YOUTH COMMISSION: The City Manager pre- sented a report dated May 7 which transmitted an amended ord- inance regarding establishment and terms of office for the Youth Commission. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 2-91 AND 2-92 OF THE CYPRESS CITY CODE RELATING TO THE CYPRESS YOUTH COMMISSION. It was moved by Councilman Hudson and seconded by Councilwoman Sonju to approve the first reading of the Ordinance. 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 CONSIDERATION OF A PROPOSAL TO REQUEST THAT THE COUNTY ESTAB- LISH A COUNTY-WIDE SERVICE AREA: Hearing no objections, the Mayor continued this item to the May 24 meeting. CONSIDERATION OF OCTD BUS SHELTER PROGRAM, CITY OF CYPRESS PROJECT ~7636-90: The City Manager presented a report from the Public Works Director dated May 6 recommending approval of the agreement with the Transit District for bus shelters in accor- dance with the Council's resolution adopted March 8. It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the agreement with the Orange County Transit District for bus shelters and authorize the Mayor to sign and the City Clerk to attest subject to approval of the City 11. Council Minutes May 10, 1976 Attorney. 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 CONSIDERATION OF APPOINTMENT OF A CITIZEN REPRESENTATIVE TO THE ORANGE COUNTY TRANSIT DISTRICT TRANSPORTATION COMMITTEE: The City Manager presented a report dated May 6 which trans- mitted two applications for the Transportation Committee. The Council agreed to conduct interviews of the applicants at 6:30 p.m. on May 24. CONSIDERATION OF A REQUEST FOR APPROPRIATION OF FISCAL YEAR 1975-76 FUNDS TO COVER CHARGES ON EXPENDITURES FOR DUAL DEPART- MENTAL TRAFFIC SAFETY GRANT INCURRED IN THE MONTH OF JUNE, 1976, IN THE SUM OF $7,900 FOR THE POLICE DEPARTMENT AND $1,875 FOR THE PUBLIC WORKS DEPARTMENT: The City Manager presented a report dated May 5 which outlined appropriations necessary to proceed with the Traffic Safety Grant by June 1, 1976. It was moved by Councilman Harvey and seconded by Councilman Hudson to approve an appropriation of $9,775 to the accounts listed in the staff report to start the Traffic Grant in June, 1976. 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 CONSIDERATION OF A RESOLUTION URGING THE USE OF ONTARIO INTERNATIONAL AIRPORT FOR AIR TRANSPORTATION NEEDS OF ORANGE COUNTY: The City Manager presented a report dated May 6 which transmitted a resolution from Supervisor Schmit's office urging the Board of Supervisors to consider Ontario Airport for meeting future County air transportation needs. The res- olution also urges the Board to rescind their request to the Defense Secretary for commercial use at Los Alamitos NAS. It was moved by Councilman Hudson and seconded by Lacayo to adopt the following Resolution by title as follows: Councilman only, title RESOLUTION NO. 1719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO GIVE SERIOUS CONSIDERATION TO ONTARIO INTERNATIONAL AIRPORT AS THE SOLUTION TO THE FUTURE AIR TRANSPORTATION NEEDS IN ORANGE COUNTY. The motion unanimously carried by the following roll call AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None vote: Sonju 12. City Council Minutes May 10, CONSIDERATION OF A COMMUNICATION FROM SANTA ANA MAYOR JOHN GARTHE SUGGESTING A MODIFIED PROPORTIONAL VOTING PLAN AND INVITING THE COUNTY SUPERVISORS TO JOIN THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES: The City Manage~ presented a report regarding this matter dated May 6. Councilman Hudson stated he opposed the proposal since it would result in smaller cities not being represented. Coun- cilwomen MacLain and Sonju also opposed the proposal. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried that the City Council oppose the modified proportional voting plan and invitation for the Board of Supervisors to join the Orange County Division of the League of California Cities. CONSIDERATION OF INVESTIGATION INTO POSSIBLE INDUSTRIAL DEVELOPMENT: The City Manager presented a report dated May 7 which indicated Knott's Berry Farm and the Volkswagen Motor Company have no immediate plans to expand their operations. Both expressed a willingness to consider the potential of locating the businesses within the City of Cypress. The Council agreed to transmit the staff report to the Chamber of Commerce, the Industrial/Commercial Development Commission and to the development specialists working for the Arlan Company property owners for further follow-up and promotion. Mayor MacLain noted that it was 11:30 p.m. The Council agreed to continue with the agenda until 11:45 p.m. C__qONSIDERATION OF A REQUEST TO EMPLOY RISK MANAGEMENT/ INSURANCE SERVICE SPECIALISTS TO ASSIST IN SECURING GENERAL LIABILITY INSURANCE PROTECTION FOR THE CITY: The City Manager presented a report from the Administrative Coordinating Team dated May 7 which recommended that a consultant be hired to assist in securing insurance protection for the City. Councilman Lacayo objected to hiring a consultant and felt the work could be done by the staff or by pooling resources with other cities which must self-insure. The City Manager reported that the Contract Cities Association would be consid- ering a proposal in the near future where several cities would hire an insurance consultant and make a per capita contribution for the service. He stated the City of Cypress could join this organization. The Council agreed to continue this item to the next meeting and request a report from the staff on the possibility of joining with other cities to hire an insurance consultant. CONSIDERATION OF APPOINTMENT OF THE ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES EXECUTIVE DIRECTOR: The City Manager presented a report dated May 7 which indicated the Orange County Division would be voting on the appointment of an Executive Director at the May 13 meeting. Councilman Harvey moved that the City Council support the appointment of Councilman William Brown as Executive Director. The motion died for lack of a second. It was moved by Mayor MacLain and seconded by Councilman Lacayo that the City Council support the Executive Committee's nomin- ation of Carolyn Ewing as Executive Director. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, Lacayo and MacLain NOES: 2 COUNCILMEN: Harvey and Sonju ABSENT: 0 COUNCILMEN: None 13. City Council Minutes May 10, 1976 Councilwoman Sonju stated that she voted no because she did not have an opportunity to review the qualifications of either candi- date. Mayor MacLain noted that it was 11:45 p.m. and the Council agreed to continue with the agenda until 12:00 a.m. 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 #41575 through 41593 and 41960 through 42069 in the total amount of $1,584,625.14. 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 SECOND READING OF ORDINANCE RE: ZONE CHANGE #76-1: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING A CERTAIN PARCEL OF LAND IN THE RS-15,000 RESIDENTIAL SINGLE FAMILY ZONE AND KNOWN AS ZONE CHANGE NO. 76-1. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to adopt Ordinance No. 567. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONTINUATION OF CONSIDERATION OF SIX MONTH REVIEW OF COMMUNITY CENTER USE POLICY: Hearing no objections, the Mayor continued this item to the May 24 meeting. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMER- CIAL WARRANT LISTS: It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants #470, 472 through 477 and 5423 through 5460 in the total amount of $1,240,478.21, as corrected. 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 EXTENSION OF RUBBISH FRANCHISE CONTRACT: The City Manager reported that the rubbish franchise contract expires May 17, 1976 and he requested that the Council approve an extension to June 30, 1976. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve an extension of the rubbish franchise contract to June 30, 1976. The motion unanimously carried by the fol- lowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson, Lacayo, and MacLain None None Sonju 14. City Council Minutes May 10, 1976 Councilman Harvey reported that the Orange County Division of the League would be voting on an appointment to the Coastal Commission on May 13 and Mayor MacLain stated the two nominees were Councilman Frank Fry of Westminster and Councilman Elerth Erickson of Garden Grove. It was moved by Councilman Lacayo, seconded by Mayor MacLain and carried, with a no vote by Councilman Harvey, that the City Council support the appointment of Councilman Erickson to the Coastal Commission. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 12:00 a.m. MAYOR OF THE ~C~TY OF CYPRESS ATTEST: CIT~L~RK-~OF-THE .~ITY OF CYPRESS 15.