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Minutes 76-06-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 14, 1976 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, June 14, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, and MacLain None Hudson, Lacayo, Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Barrett, Bryant, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Chief Duke led the pledge to the flag. ORAL COMMUNICATIONS: Mayor MacLain inquired if anyone wished to speak in regard to any matter which was not on the agenda. No one wished to speak. Mrs. Mary van den Raadt, chairman of the History Task Force Committee, and Mr. James Maylor, manager of the Pasadena Federal Savings and Loan, presented the Mayor with the first Navy Jack flag to be flown in commemoration of the Bicentennial celebration. Mr. Maylor gave a history of the flag which bears the inscription "Don't Tread On Me." MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried, with Councilman Harvey abstaining, to approve the minutes of May 24 and May 26. At the City Manager's request, the Mayor added Item #3a to agenda regarding the award of contract for a Police traffic safety vehicle. the Mr. Ed Just, director of the Santa Ana River Flood Protection Agency, requested that the Council authorize a member to attend hearings in Washington, D. C. with a delegation of local offi- cials who are trying to expedite legislation regarding Santa Ana River flood protection measures. The Mayor placed this matter on the agenda as Item #38. CONTINUATION OF CONSIDERATION OF MOBILEHOME PARK PROBLEMS: The City Manager presented a report regarding this item dated June 10. The Planning Director made a visual presentation summarizing data which was contained in the staff's survey of mobilehome parks in surrounding communities relating to park vacancy rates, rental charges and tax rates. Mr. Hawley pre- sented the five recommendations contained in a resolution adopted by the Board of Supervisors in June following their study of rent controls. Mayor MacLain opened the discussion to representatives of the management and tenants of Lincoln Center Mobilehome Park, 9080 Bloomfield Avenue. 323 City Council Minutes June 14, 1976 Mr. Peter DeKrassel, 4341 Birch, Suite 207, Newport Beach, representing management of Lincoln Center, felt the rent strike consisted of 45 coach owners out of 300 trying to dictate how the park should be run. He submitted a petition signed by 120 tenants expressing their satisfaction with conditions at the park. He reported that the 45 rent strikers rejected management's offer, the terms of which are outlined in his letter to the Council dated May 19. Management proposed an annual 6% rent increase, a one year lease with four options to renew, security gates, additional management, and to investigate the dedication of streets and all other concerns of the residents. He presented a tape recording made by Mr. Mark Wright, a tenant of Lincoln Center and former Cypress councilman, who spoke against a rent freeze and expressed satisfaction with conditions at Lincoln Center. Mr. Bill Anderson, representing management of Lincoln Center, presented slides showing facilities at the park and slides com- paring rent costs at Lincoln Center with other parks. He felt allowances must be made for their rent charge since they are one of two family parks which were surveyed by staff and gas is included in their rent. He felt the shortage of mobilehome parks is due to no growth policies in the county, that the rent at Lincoln Center is not out of line, and he stated maintenance will continue to be high. Mr. Don Bendetti, representing the owner of Lincoln Center, reported they contracted for guard service to be effective next week and an armed guard will be on the premises from 10 p.m. to 3 a.m. to enforce curfew and eliminate teenage problems. He stated they intend to maintain a high level of maintenance. Mr. Ted Gore, a mobilehome dealer, stated rent control will not benefit Lincoln Center and that, if enforced, services will be cut down which will result in a downgrade of the park and a lower property value. He felt the solution is construction of more mobilehome parks. Mr. Joe Carter, a mobilehome dealer, felt rent control will discourage park construction. He stated there is a need for low cost housing and that the solution is to construct more parks. Mr. Eugene Zeckmeister, 9452 Alderbury, Cypress, stated he represents 82 income property owners who oppose rent control and who feel rent control can only be levied with tax, utilities and service and maintenance controls. This would place income property owners in a state of bankruptcy. Mr. Jesse Black, a property owner in Cypress, reported he has seen the effects of rent control in several eastern cities which resulted in numerous abandoned buildings. He felt rent control is unsuccessful without controls on other commodities and wages and decreases property values. Mr. DeKrassel asked the Council to consider other alternatives to rent control by investigating federal subsidies which may be available especially to senior citizens, establishing an arbitration committee of park owners, park tenants and possibly the city attorney, or by zone changes to allow more park construction. He felt the situation at Lincoln Center should not be the basis for rent control. City Council Minutes June 14, 1976 Mr. John Anderson, 401 Civic Center Drive West, Santa Aha, representing the rent strikers at Lincoln Center, reported on past negotiations between both parties. He questioned the effectiveness of an arbitration board if their decisions are not binding. He spoke in support of rent control for Lincoln Center as the only solution and felt the cost of the program could be assumed by an existing City department. Mayor MacLain noted that it was time to conduct the public hearings. She opened the following public hearings and con- tinued them until after this item: PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-2; PUBLIC HEARING RE: ZONE CHANGE NO. 76-3, 6101 ORANGE; PUBLIC HEARING RE: ZONE CHANGE NO. 76-4, SOUTHWEST CORNER OF LINCOLN & VALLEY VIEW. The Council questioned the attorneys regarding negotiations. Councilman Hudson suggested that a fact finder be appointed to find an equitable solution to the problems and both attorneys agreed to accept his findings. The Council also suggested hiring a professional arbitrator. Mr. DeKrassel suggested at least a three member arbitration group. Councilmen Lacayo, Sonju and MacLain expressed support for the fact finder or arbitrator. The City Attorney suggested that the two parties rather than the C~ty hire an arbitrator since this is a private dispute. Councilman Harvey pointed out that rent control would discourage future construction of mobilehome parks and that the problem of few parks was compounded by persons who advocate a no growth or slow growth policy. He felt the Council had insuf- ficient evidence regarding other forms of housing to make a comparison and determine if there is a shortage. He also noted that the complaints of Lincoln Center tenants differed at the first and subsequent meetings. The tenants first expressed concerns over juvenile problems, maintenance and security and at later meetings their concerns related to the rent increases. Mr. DeKrassel agreed on an arbitration panel with a represen- tative from both sides and one from an arbitration association. Mr. Anderson agreed with the fact finder but stated he did not know if the tenants would accept the arbitration board. Both attorneys expressed a desire to continue with negotiations. Mayor MacLain supported the fact finder and continuing this matter for 30 days after which time the Council could make a determination regarding rent control. She suggested that the owner of Lincoln Center reevaluate the rent structure and that electricity and gas be considered to determine a fair rent charge, and that there be no retribution of the rent strikers by the owner. Councilman Hudson supported adoption of the rent control ordinance since it would give the Council a means to obtain information relating to operating costs of the mobilehome park and would require the owner to show justification for rent increases. He asked the City Attorney to research the procedures whereby the Council could freeze the current rent charges, reinstate the rent charged prior to the $20 increase, and what alternatives are available to terminate rent control if the ordinance is adopted. 3 o City Council Minutes June 14, 1976 Mr. DeKrassel suggested that both sides to negotiations for 30 days and advise settlement offers. Mr. Anderson asked the rent control ordinance, engage the the two parties continue negotiations. devote full time the Council of any that the Council draft fact finder and that The City Manager suggested that his office be used as the distribution point for arranging meetings between the two attorneys and for distribution of all communications between the two parties and City Council. He suggested that both sides present written documentation on negotiations and set- tlement offers made at these meetings and report back to the Council at the next meeting. Councilman Harvey moved to approve the City Manager's recom- mendation based on the fact that both attorneys expressed a desire to continue negotiations. The motion failed for lack of a second. A substitute motion was made by Councilwoman Sonju and sec- onded by Mayor MacLain that the City Manager's office be used as the distribution point, that the two attorneys agree upon a fact finder, that the City Attorney prepare a report answering the questions raised by Councilman Hudson, and to continue this matter to the next meeting. Councilman Hudson felt the court action would not solve the problem of a housing shortage and exorbitant rents and he supported the rent control ordinance if the parties are unable to reach a settlement. He suggested that the motion be amended to eliminate the fact finder and report from the City Attorney and to continue the matter to the next meeting and allow both parties to continue to negotiate. Councilwomen Sonju and MacLain agreed to amend the motion and moved that the City Manager's office be used as the dis- tribution point, to direct the two attorneys to continue with negotiations and continue the matter to the next meeting. 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 RECESS: Mayor MacLain called a recess at 9:30 p.m. The meeting was called back to order at 9:40 p.m. with Councilman Lacayo absent. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE ~76-2: Mayor MacLain reopened the public hearing to consider Amendment to the Zoning Ordinance ~76-2 and asked for the staff's report. The Planning Director presented a report dated June 9 indi- cating the Planning Commission recommended the amendment to include public storage/mini-warehouse facilities as permitted uses in the MP-40,000 and ML-10,000 Zones, subject to the granting of a conditional use permit. Pursuant to the Council's direction, the Commission also considered the possible elimination of this use as a permitted use in the CG-10,000 and CH-10,000 Zones. The Planning Commission rec- ommended that the use be retained as a permitted use in the commercial zones. Mayor MacLain asked if anyone wished to speak in support or opposition to the amendment. There was no one wishing to speak in favor or opposition. 4 o City Council Minutes June 14 1976 Councilman Harvey stated he supported the recommendation to allow the use in the industrial zones but, because the use produces no sales tax revenue, could eliminate valuable frontage on Lincoln Avenue and would negate the advantages of the Lincoln Avenue improvement program and because there are other and more suitable locations available within the City, he did not support the use in the commercial zones. It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to close the public hearing and read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION ll.IC OF ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain Councilman Harvey moved to amend the Zoning Ordinance to elim- inate public storage/mini-warehouse facilities as a permitted use in the CG-10,000 and CH-10,000 Zones. The motion died for lack of a second. It was moved by Councilman Hudson and seconded by Mayor MacLain to receive and file the matter regarding allowing public storage/ mini-warehouse uses in commercial zones. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Lacayo Sonju and MacLain PUBLIC HEARING RE: ZONE CHANGE #76-3 - DR. ROBERT NEVIN: Mayor MacLain reopened the public hearing to consider Zone Change 976-3 and asked for the staff's report. The Planning Director presented a report dated June 9 indi- cating the Planning Commission on May 20 recommended approval of a change of zone for a .75 acre parcel located on the north side of Orange Avenue approximately 400 feet east of Valley View Street from the CG-10,000 to the RM-20/A Zone. He read a letter from Mr. Ray Maggi, manager of the Orleans Apartments which are adjacent to the subject property, who supported the zone change but recommended a lower density for the proposed multiple-family development and that access be from the west side of the property to avoid disturbance to the units to the east. Mayor MacLain asked if anyone wished to speak in support of Zone Change ~76-3. The City Attorney stated that he had worked for the applicant about five years ago and that he had had no contact with him since that time and he did not think the applicant is a client of his law firm at the present time. City Council Minutes June 14, 1976 Dr. Robert Nevin, 2941 Lakeview Way, Fullerton, California, the applicant, also stated he had no contact with the City Attorney since five years ago and had not discussed the zone change with him. He reported he was unable to obtain financing for commercial development of the subject property, that the neighborhood is not a viable commercial area, and a resi- dential designation is logical since the property is surrounded by residential zoning. Mr. Ray Maggi, manager of the Orleans Avenue, supported the zone change and to see the property developed. Apartments, 6141 Orange stated he would like Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to close the public hearing and read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING A CERTAIN PARCEL OF LAND IN THE RM-20/A RESIDENTIAL MULTIPLE FAMILY ZONE AND KNOWN AS ZONE CHANGE NO. 76-3. 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: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson, Sonju and MacLain None Lacayo It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to initiate an amendment to General Plan in conjunction with Zone Change ~76-3. the PUBLIC HEARING RE: ZONE CHANGE NO. 76-4: Mayor MacLain re- opened the public hearing to consider Zone Change #76-4 and asked for the staff's report. The Planning Director presented a report dated June 7 indicating the Planning Commission on May 20 approved a proposal to rezone approximately 14 acres of county unincorporated property located at the southwest corner of Lincoln Avenue and Valley View Street to the CH-10,000 Zone, should the property be annexed to the City of Cypress. Mayor MacLain asked if anyone wished to speak in favor of Zone Change #76-4. Mr. Howard Rowen, 5831 Shirl Street, Cypress, asked that the proposed zone change area be defined. The staff outlined the area and reported it included the Dick Barbour Datsun agency and various retail commercial establishments on Valley View and Lincoln. Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. 6 o City Council Minutes June 14, 1976 It was moved by Councilman and unanimously carried to the following Ordinance by Hudson, seconded by Mayor MacLain close the public hearing and read title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROPOSING AN AMENDMENT TO ZONING ORDINANCE NO. 559 BY ADOPTING A PRE-ANNEXATION ZONING CLASSIFICATION OF A CERTAIN PARCEL OF LAND FROM AN ORANGE COUNTY ZONE CLASSIFICATION TO A CITY OF CYPRESS ZONE CLASSIFICATION OF CH-10,000 COMMERCIAL HEAVY AND KNOWN AS ZONE CHANGE NO. 76-4. It was moved by Councilman Hudson and seconded by Council- woman Sonju to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain CONSIDERATION OF SUPPORT OF THE CHI-CHIANG YOUTH BAND OF THE REPUBLIC OF CHINA: The City Manager presented a report from the Arts and Cultural Commission dated June 10 requesting financial support and publicity for the Chi-Chiang Youth Band which will be visiting Cypress between August 27 and 30 and performing a concert at Cypress High School on August 27 at 8:00 p.m. It was moved by Councilman Harvey and seconded by Mayor MacLain to approve an expenditure of $150 for a reception for the Chi-Chiang Youth Band of the Republic of China and approve publicity through the City newsletter and approve a proclamation for the Band. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hud so n, Sonju and MacLain CONSIDERATION OF BENCHES WITHIN THE PUBLIC RIGHT-OF-WAY: The City Manager presented a report from the Administrative Coordinating Team dated June 10 which recommended that the Council adopt a policy of allowing the placement of bus stop benches within the City subject to controls established by the Council. The report contained a list of suggested loca- tions for the benches. Councilman Harvey expressed concern about the proposed bus shelter location at the southeast corner of Orange and Juanita and the potential for graffiti and accumulation of debris since it would be located in a dense residential area. Mayor MacLain recommended the placement of a bus bench on the south side of Ball Road, east of Bloomfield. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to adopt a policy which states that placement of bus benches in the City by private companies will be allowed subject to controls established by the City Council and that the number and location of benches will be subject to approval of the staff and that the agreement for placement of benches contain adequate clauses requiring the contractor to maintain 7 o City Council Minutes June 14, 1976 the benches in a manner acceptable to the City. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain It was moved by Councilman Harvey and seconded by Councilwoman Sonju to approve bus shelters at the following locations: northwest corner of Valley View and Lakeshore Drive and south- west corner of Katella and Valley View Street. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain The staff reported that the agreement had been executed with the Orange County Transit District for bus shelters at the three locations listed in the staff report. They indicated they would negotiate a change in the contract regarding the third bus shelter location. CONTINUATION OF CONSIDERATION OF NOISE AND WATER FEATURE PROBLEMS AT WILLOW PARK: The City Manager presented reports regarding this matter dated June 10 and April 20. Mrs. Elizabeth Peck, 4518 Lemon Circle, Cypress, reported she abuts Willow Park and the fence on her side of the property is only 3 1/2 feet in height which creates a lack of privacy and enables children to climb the wall. She expressed concern over her liability since she has a swimming pool in the yard. She requested that the Council take action to ensure her privacy and the safety of children. She presented photographs of the wall. Mr. James Duncan, 4528 Lemon Circle, Cypress, stated the rubber backing on the one basketball backboard reduces the noise but the noise from balls bouncing is the main problem. He asked that the second backboard not be reinstalled. The staff reported that the fence on the park side of the property is five feet in height and the City Attorney advised that the owner of an attractive nuisance is responsible for its maintenance. He stated the City is not required to ensure the privacy of homeowners who abut City or District property. It was moved by Mayor MacLain and seconded by Councilman Hudson that the northerly basketball backboard not be reinstalled, that the Council accept the resolution of the Recreation and Park Commission which supports the retention of the pond, and that if residents who abut Willow Park wish to raise the walls on their property that they take the proper procedures through the Building Department at their own expense. Councilman Harvey stated the concern which was expressed related to noise from bouncing balls which would not be alle- viated by removing the backboard and he supported the reinstal- lation of the second backboard. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Lacayo Sonju and MacLain 8 o City Council Minutes June 14, 1976 CONSIDERATION OF AWARD OF CONTRACT FOR LEGAL ADVERTISEMENTS, ~EQUEST FOR QUOTATION #7576-70: The City Manager presented a report from the Finance Officer dated June 4 which outlined three bids received. It was moved by Councilman Harvey and seconded by Councilman Hudson to award the contract for the 1976/77 fiscal year for legal advertisements to the News-Enterprise, 3722 Catalina Street, Los Alamitos, California as being the lowest respon- sible bidder. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALT AND RENTAL OF ASPHALT PAVING MACHINE, REQUEST FOR QUOTATION #7576-71: The City Manager presented a report from the Finance Officer dated June 4 which outlined three bids received. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to accept the b~d of All American Asphalt as the lowest responsible bidder and award them the contract in the amount of $53,280.00 plus sales tax. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain CONSIDERATION OF AWARD OF CONTRACT FOR THE APPLICATION OF OIL TREATMENT OF VARIOUS STREETS IN THE CITY, CITY OF CYPRESS PROJECT #7691-90: The City Manager presented a report dated June 7 and a report dated June 14 from the Public Works Director which outlined four bids received. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to determine that G. J. Payne Company is the lowest responsible bidder and award a contract for oil treatment of various streets in the City, Project #7691-90, to G. J. Payne Company, P. O. Box 4906, Carson, California, per their proposal dated June 14, 1976 in the amount of $6,401.50. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo sonju and MacLain CONSIDERATION OF AWARD OF CONTRACT FOR ONE POLICE TRAFFIC SAFETY VEHICLE TO BE PURCHASED WITH THE TRAFFIC GRANT, REQUEST FOR ~OTATION ~7576-72: The City Manager presented a report from the Finance Officer dated June 14 which outlined six telephone bids which were received. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to void the formal bid and, due to the emergency situation, accept the bid from Jim Snow Ford, Inc. as the lowest responsible bid and award him the contract for the Police traffic safety vehicle in the amount of $4,265.00 plus sales tax. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain 9 o City Council Minutes June 14, 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. No Council- man wished to remove an item. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve Items ~4 through #19 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain Item #4: Consideration of Six-Month Review for Live Enter- tainment Permit The Hide-Away, 4360 Lincoln Avenue, Cypress. Recommendation: That the City Council authorize the extension of the live entertainment permit for The Hide-Away, 4360 Lincoln Avenue, Cypress, to December 8, 1976. Item 95: Consideration of a Request from the A1 Malaikah Shrine Temple to Proclaim July 17, 1976 as the Silver Anniver- sary of the A1 Malaikah Shrine All-Star Charity Football Classic and Pageant. Recommendation: That the Mayor and City Council proclaim July 17, 1976 as the "Silver Anniversary of the A1 Malaikah Shrine All-Star Charity Football Classic and Pageant" in the City of Cypress. Item #6: Consideration of a Request from the National Founda- tion March of Dimes, Orange County Chapter, to Proclaim July 4 - August 31, 1976 as Healthy Baby Summer. Recommendation: That the Mayor and City Council proclaim July 4 through August 31, 1976 as "Healthy Baby Summer" in the City of Cypress. Item #7: Consideration of Termination of Lease of the Library Facility at Moody and Myra. Recommendation: Receive and file. Item #8: Consideration of Renewal of Contract for Publication of Municipal Code Supplements with Municipal Code Corporation. Recommendation: That the City Council authorize the Mayor to sign and the City Clerk to attest the contract between the City and Municipal Code Corporation for the publication of loose-leaf supplements to the City Code for the period of August 1, 1976 through July 31, 1978, with no change in the price structure. Item ~9: Consideration of a Claim Submitted by Philip R. Fagano Recommendation: That the City Council officially deny the subject claim of Philip R. Fagan and request the City Manager to refer the claim to the City's insurance carrier for dis- position. Item #10: Consideration of City Manager Vacation Request. Recommendation: That the City Council approve the City Mana- ger's vacation leave from June 28 through July 23, 1976. 10. City Council Minutes June 14, 1976 Item #11: Consideration of Renewal of Lease Agreement with the Cypress Chamber of Commerce for the Frank P. Noe Building. Recommendation: That the City Council authorize a one-year extension of the current lease agreement between the City and the Cypress Chamber of Commerce for use of the Frank P. Noe Building. Item #12: Consideration of Annual Requalification of Parti- cipating Cities in the County of Orange Arterial Highway Financing Program. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE THAT NO CHANGES ARE REQUESTED FOR INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. Item #13: Consideration of Employment List - Police Officer. Recommendation: That the City Council certify the employment list for the position of Police Officer as submitted. Item ~14: Consideration of Authorization for the City Manager to Participate in a Joint Meeting of the California Office of Emergency Services and the Southern California Emergency Services Association to be held on June 17 and 18 at Palm Springs. Recommendation: That the City Council authorize the City Manager to attend and participate in the earthquake symposium sponsored by the State Office of Emergency Services and the Southern California Emergency Services Association in Palm Springs on June 17 and 18 and that he be reimbursed for his actual and necessary expenses. Item ~15: Consideration of Weed Abatement Program, Approval of Specifications and Authorization to Advertise for Bids. Recommendation: That the City Council approve the specifica- tions for the fiscal year 1976/77 Weed Abatement Program and authorize the City Clerk to advertise for bids with bids to be received at 10:00 a.m. on July 6, 1976. Item #16: Consideration of Employment List Custodian. Recommendation: That the City Council certify the employment list for the position of Custodian as submitted. Item #17: ment. Consideration of City/County Health Services Agree- Recommendation: That the City Council approve the agreement between the City of Cypress and the Orange County Health Depart- ment for providing health services to the community as outlined in this report and authorize the Mayor to sign and the City Clerk to attest the proposed agreement. Item #18: Consideration of Parking Problem at Graham Street. Recommendation: That the City Council refer this matter to the Traffic Commission for further study and report. 11. City Council Minutes June 14, 1976 Item #19: Consideration of Request for Extension of Time, Tracts #7793, 8124 and 8177, S & S Construction Company, North of Orangewoodw South of Stanton Storm Channel, from Holder Street to Knott Avenue. Recommendation: That the City Council approve a one-year extension of time for the subdivision agreement for the con- struction of improvements within Tracts #7793, 8124 and 8177, and that an amendment be added to the Subdivision Improvement Agreement incorporating the extension and subject to the con- ditions as outlined in the report. CONTINUATION OF CONSIDERATION OF GENERAL LIABILITY INSURANCE PROPOSALS: The City Manager presented a report from the Administrative Coordinating Team dated June 11 which described four general liability insurance proposals received by the City. It was moved by Councilman Hudson and seconded by Mayor MacLain that the City Council, acting on behalf of the City of Cypress and the Cypress Recreation and Park District, accept the Cal- Surance $25,000 deductible proposal for liability insurance at a total annual premium not to exceed $45,000 and agree to engage the services of either Carl Warren and Company or R. L. Kautz and Company as claims administrator and authorize the Mayor to sign and the City Clerk to attest an agreement indicating that the City and District are participating in self-insurance on a joint basis. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain CONSIDERATION OF TENTATIVE PARCEL MAP #76-5, EASTERN PACIFIC DEVELOPMENT COMPANY: The Planning Director presented a report dated June 9 and the tentative parcel map which proposes the division of about 3.4 acres of property located on the south side of Orange Avenue, between Grindlay and Orange Avenue, into two parcels. Parcel #1 is proposed for development of a 27,000 square foot "garden type" office building. The Planning Director also presented the floor plans of the building. The Planning Commission approved the map on June 3, 1976. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 76-5, WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Sonju and MacLain CONSIDERATION OF RIGHT-OF-WAY CERTIFICATION, KATELLA AVENUE, FROM LEXINGTON DRIVE TO 560 FEET EAST OF SIBONEY STREET, FAU PROJECT ~6269, CITY OF CYPRESS PROJECT #7623-10: The City Manager presented a report from the Public Works Director dated June 11 indicating a right-of-way certification is required prior to receiving authorization from the California Department of Transportation to advertise for the construction of Katella Avenue. The certification, prepared by the City Attorney, was transmitted with the report. 12. City Council Minutes June 14, 1976 It was moved by Councilwoman Sonju and seconded by Councilman Harvey to approve the Right-of-Way Certificate and authorize the Mayor to sign the certificate and the City Clerk to attest to his signature for FAU Project #6269 and City of Cypress Project #7623-10. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, Sonju NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo and MacLain CONSIDERATION OF AN ORDINANCE AMENDING THE CITY ADMISSIONS TAX: The City Manager presented a report dated June 11 which transmitted an ordinance which would provide for the levying of a five cents admissions tax on recreational activities such as roller skating or miniature golfing. 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 26-10 AND 26-11 (a) OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE ADMISSIONS TAX. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the first reading of the Ordinance. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Lacayo Sonju and MacLain Councilman Harvey stated he felt the imposition of an admis- sions tax would have a negative impact on attracting enter- tainment facilities to the City and he felt the tax on the race track was justified since it necessitated additional City costs. CONSIDERATION OF ARTS & CULTURAL COMMISSION VACANCY: The City Manager presented a report dated June 11 indicating that Commissioner Ginns' term expires on July 10. Hearing no objections, the Mayor received and filed the report and requested a list for the next meeting of Commissioners who are resigning or whose terms are about to expire. CONSIDERATION OF AMENDING THE "NO PARKING" RESTRICTION ON BALL ROAD, NORTH SIDE, FROM CABRILLO WAY TO 80 FEET EAST OF GRAHAM STREET: The City Manager presented a report dated June 11 transmitting the recommendation of the Traffic Com- mission to reduce the full-time restriction to a "no parking" restriction between 7:00 a.m. and 6:00 p.m. The request for a reduction was made by the Cypress Monterey townhouse devel- opment to allow additional on-street parking by their residents. It was moved by Harvey to adopt as follows: Councilwoman Sonju and seconded by Councilman the following Resolution by title only, title RESOLUTION NO. 1731 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS, 7:00 A.M. TO 6:00 P.M. 13. City Council Minutes June 14, 1976 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain CONSIDERATION OF ESTABLISHING PUBLIC HEARING DATES FOR THE ENVIRONMENTAL IMPACT REPORT AND GENERAL PLAN AMENDMENT FOR THE ARLAN PROPERTY: The City Manager presented a report regarding this matter dated June 11. It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to authorize the staff to adver- tise the public hearing for the EIR and General Plan Amendment for the Arlan property for 7:30 p.m. on Tuesday, July 6, 1976 in the Cypress City Council Chambers. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the Commercial Warrant List for Warrants #42177 through 42375 and 52298 through 52314 in the total amount of $2,309,922.63. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain With the consent of the Council, the Mayor continued the following items to the June 28 meeting: Item #34, Continuation of Consideration of Six-Month Review of Community Center Use Policy; Item #35, Continuation of Consideration of Regional Parks in the Area of Cypress. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the Recreation and Park District Commercial Warrant List for Warrants #482 through 497 and 5486 through 5560 in the total amount of $1,905,596.41. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to address the Council at this time. There was no one wishing to speak. In regard to Item #38 concerning the Santa Ana River Flood Protection Agency, it was moved by Councilman Hudson and seconded by Councilman Harvey that Mayor MacLain represent the City of Cypress in Washington, D. C. in the effort to expedite legislation for Santa Ana River flood protection measures. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju and MacLain 14. City Council Minutes June 14, 1976 The Mayor noted that it was 11:30 p.m. and, hearing no objec- tions, continued the meeting until 11:45 p.m. Mayor MacLain requested the Council's support that the League of California Cities pursue legislation which would require interviews to be conducted in a personnel session. The Council agreed with sending a letter of support to the League. EXECUTIVE SESSION: Mayor MacLain called an Executive Session for matters of personnel at 11:40 p.m. The meeting was called back to order at 12:00 a.m. with Councilman Lacayo absent. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 12:00 a.m. MAYOR OF THE' CITY OF CYPRESS ATTEST: -- · ~,~? ~ ¥~ CITY-CLERK OF TH~ CITY OF CYPRESS 15.