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Minutes 76-06-28MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD June 28, 1976 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, June 28, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: CouncJ lmen Harvey, Hudson and MacLain Councilmen So ~ iu and Laca¥o Also present were Brian Hawley, Planning Director, Roger Grable, Deputy City Attorney, and the following City staff members: Barrett, Bryant, Dave~port, Duke, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The Public Works Director led the pledge of allegiance to the flag. PRESENTATION OF RESOLUTION OF COMMENDATION TO TERRY KUBICKA, U.S. FIGURE SKATING CHAMPION: Mayor MacLain read and presented a resolution of commendatJon adopted by the Council on January 26, 1976, to Cypress resident Terry Kubicka who won the Men's Competition in the U.S. Figure Skating Championships in January 1976 and represented the U.S. in the XII Winter Olympics in Innsbruck, Austria. COUNCILWOMAN SONJU ARRIVED AT 6:40 P.M. MINUTES: It was moved by Councilwoman Sonju, secomded by Councilman Hudson and unanimously caIried to approve the minutes of June 2, June 3~ June 4~ June 7, and June 14, 1976 with Council- woman Sonju abstaining on the minutes of June 3, 4 and 7 and Mayor MacLain abstaining on the June 7 minutes. with the Council's consent, Mayor MacLain took Item #11 out of order. CONTINUATION OF CONSIDERATION OF MOBILEHOME PARK PROBLEMS: The Planning Director presented a report regarding this matter dated June 24 and transmitted communications from Mr. DeKrassel and Mr. Bendetti, represeDting management of Lincoln Center Mobilehome Park, 9080 Bloomfield, Cypress, relating to their settlement agreement with tenants of the park. Mr. John Anderson, representing the rent strikers at Lincoln Center Mobilehome Park~ reported the management and tenants had reached a settlement of their problems and the tenants were satisfied with the terms and conditions offered by management in the lease. The tenants felt the agreement will solve the major problems and provide protection for rent control and they no longer requested adoption of the rent control ordinance, Mr. Anderson expressed their appreciation for the Council's interest and help. Mr. Don Bendetti, representing the owner of Lincoln Center, reported that during the last two weeks both sides negotiated in good faith and reached an agreement. He stated a lease will be offered to all tenants which provides for no rent increase in 1976 or 1977 but a cost of living increase in January of 1978. He stated all other problems expressed by the tenants were covered in the lease. City Council Minutes June 28, 1976 Mr. Tom Ulmer, attorney representing the Lincoln Center, thanked the Council for their assistance expedited a settlement. rent strikers at their help and felt It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to receive and file the matter. CONSIDERATION OF UTILIZATION OF THE EXISTING LIBRARY BUILDING AT MOODY STREET AND MYRA AVENUE: The Planning Director sum- marized the Administrative Coordinating Team's report dated June 24 describing their study of possible uses for the existing library building. Team's recommendation was to approve a one-year lease with the Cypress Boys' Club for their use of the building. Mr. Darrell Zdarstek, president, and Mr. Roy Kellerman, Exe- cutive Director, of the Cypress Boy's Club, presented their proposal for use of the building. They indicated they had sufficient funds to pay the $30,000 annual maintenance cost and that their schedule of activities would permit other community groups to use the building. The Public Works Director presented a breakdown of the maintenance costs. The Planning Director stated that if the Council wishes to approve the request, it would require the Boys' Club to obtain a conditional use permit. Mayor MacLain asked if there were representatives from any community organizations who wished to speak on this matter. There was no one else wishing to speak. It was moved by Councilman Hudson and seconded by Mayor MacLain to adopt a ground lease which provides for the Boys' Club of Cypress to utilize the library building at Moody and Myra for a period of one year, subject to their obtaining a condi- tional use permit, and authorize the Mayor to sign and the City Clerk to attest the lease. Councilwoman Sonju stated she was concerned that the City was unable to utilize the building and she felt the Council should evaluate similar proposals from other community groups. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo ABSTAINING: 1 COUNCILMEN: Sonju Hudson and MacLain Mayor MacLain stated that she is a member of the Boys' Club Board of Directors but she receives no compensation. Hearing no objections, the Mayor placed the following items on the agenda: Item #7a regarding the Countercyclical/Public Works Bill; Item #31 regarding television coverage for the Orange County political race; Item 932 regarding the Inter-County Airport Authority; Item ~33 regarding printing of the City newsletter; Item #34 regarding purchase of a dictating machine for the City Council. 2 o City Council Minutes June 28, 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 Harvey requested that Item #4, Consideration of a Communication from President Ron Jamieson of the Cypress Chamber of Commerce, be removed from the Consent Calendar and continued until a full Council is present. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to approve Items #2 through 7a on the Consent Calendar with the exception of Item #4. 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 #2: Consideration of a Claim Submitted by Wallace W. Hamme. Recommendation: That the City Council officially deny the subject claim of Wallace W. Hamme and request the City Manager to refer this claim to the City's insurance carrier for dis- position. Item ~3: Consideration of a Communication from the Orange County League of cities Regarding Winston Updegraff's Retirement. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1732 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING WINSTON R. UPDEGRAFF FOR HIS ACHIEVEMENTS AND DEDICATION TO THE LEAGUE OF CALIFORNIA CITIES. Item #5: Consideration of a Communication of Buena Park Acknowledging the Service of on the Buena Park City Council. from the City Harold R. Bousman Recommendation: That the Mayor be authorized to transmit a proclamation acknowledging Mr. Bousman's service on the Buena Park City Council. Item #6: Consideration of Opposition to Senate Bill 1716 and Assembly Bill 1246. Recommendation: That the City Council go on record in oppo- sition to Senate Bill 1716 and Assembly Bill 1246 and that a communication be sent to the State legislators representing Cypress indicating this position. Item #7: Consideration of an Agreement for Sale of Motor Vehicle Fuel to the City of La Palma. Recommendation: That the City Council approve the agreement for sale of motor vehicle fuel to the City of La Palma and authorize the Mayor to sign and the City Clerk to attest the agreement. City Council Minutes June 28, 1976 Item ~7a: Consideration of Countercyclical/Public Works Bill. Recommendation: That the City Council go on record in support of the Countercyclical/Public Works Bill and urge the congress- man representing Cypress to vote against the Brooks amendment deleting countercyclical general fiscal assistance funds from the bill. ORAL COMMUNICATIONS: Mayor MacLain inquired if anyone wished to speak in regard to any matter which was not on the agenda. There was no one wishing to speak. CONSIDERATION OF TENTATIVE PARCEL MAP #76-6, WILLIAM & PATSY MORGAN: The Planning Director presented a report dated June 24 indicating the Planning Commission approved Tentative Parcel Map 976-6 on June 17 which proposes the division of a half- acre parcel at the northwest corner of Ball and Denni into three lots proposed for single-family residential development. He presented the parcel map. It was moved by Councilman Harvey and seconded by Council- woman Sonju to approve Tentative Parcel Map #76-6 subject to the conditions recommended by the Planning Commission by adopting the following Resolution by title only, title as follows: RESOLUTION NO. 1733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP #76-6. 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 TRANSFER OF FUNDS AND WAIVER OF FEES FOR BICENTENNIAL MONOLITH SCULPTURE CONSTRUCTION: The Planning Director presented a report dated June 24 which indicated the Bicentennial Committee requested a transfer of funds in order to ensure that the Bicentennial "Monolith" sculpture will be constructed prior to the City's July 24 birthday celebration. The Committee also requested a waiver of all required City fees. The City Council approved the design plans for the Monolith on February 23, 1976. The staff recommended that the contractor obtain a no fee building permit for construction of the sculpture. It was moved by Councilman Hudson and seconded by Mayor MacLain to authorize a budget transfer in the amount of $2,000 from Account #10-4001-10701 to Account #10-4187-10701 and approve a waiver of required fees in the amount of $25.00 subject to the funds being reimbursed to the City and that the contractor obtain a no fee building permit for construction of the Mono- lith sculpture. 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 COMMISSIONERS' TERMS OF OFFICE: The Planning Director transmitted a report dated June 24 outlining a list of all City Commissioners and the expiration date of their terms of office. City Council Minutes June 28, 1976 Hearing no objections, the Mayor ordered the report received and filed and that the staff be authorized to advertise for applicants to fill the upcoming vacancies on the City Commissions. The Council also requested a report for the July 12 meeting on whether Commissioner Hart will continue to serve on the Planning Commission after his resignation and until a replace- ment is appointed. CONSIDERATION OF AGREEMENT WITH ENVIRONMENTAL MANAGEMENT AGENCY FOR MATERIALS AND SOIL TESTS: The Public Works Director presented a report dated June 24 requesting approval of the agreement with the Orange County Environmental Management Agency for materials control tests and preliminary soil in- vestigations. The present agreement expires June 30, 1976 and the new agreement would provide for these services at the same standard rate. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to approve the agreement with the County of Orange for materials control tests and preliminary soil investigations and authorize the Mayor to sign and the City Clerk to attest the agreement subject to approval of the City Attorney. 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 ARTERIAL HIGHWAY FINANCING PROGRAM ADMINIS- TRATIVE AGREEMENT AND JOINT POWERS AGREEMENT, PROJECT ~7405-10- 0776 - WALKER STREET FROM DELONG STREET TO ORANGE AVENUE: The Public Works Director presented a report dated June 21 des- cribing the AHFP street improvement project for Walker Street. The project was approved by the AHFP Committee and Board of Supervisors in December, 1973 and consists of widening Walker to ultimate width and construction of full improvements in- cluding curb, gutter and sidewalk. The County requested execution of an administrative agreement and joint powers agreement. The Public Works Director stated the delay in the project was due to the County having to acquire the necessary right-of-way. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to approve the Administrative Agreement for AHFP Project #776, Walker Street from DeLong Street to Orange Avenue and authorize the Mayor to sign and the City Clerk to attest the agreement, and approve the Joint Powers Agreement for AHFP Project #776, Walker Street from DeLong Street to Orange Avenue and authorize the Mayor to sign and the City Clerk to attest the agreement. 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 COMMUNICATION FROM THE SANTA ANA RIVER FLOOD PROTECTION AGENCY: The Planning Director presented a report dated June 24 which transmitted a letter dated June 21 from the Director of the Agency requesting that the Council reconsider withdrawing from the Agency. 5 o So~u op~o'se~ con'tio~ membership io the Agency Council's effort ~ economize in t~e bu~g, et and · e~ the A~en.c~ was ~e~fec~ive. Councilm. a~ ~.~,n ~t of ~e A~en~cy'~ efforts to seek flood p. rotec- ~d felt m. em.bership was necessary to receive ~--~m~y problems. Cou~cilma~ Earvey ~poke in s~pport ~e~c~s past efforts a~d ~pported the City's ~nti~ued ~o~e~ bhr Cou~cil~o ~ar~e~ a~ seconded by Co~nci~m. an ~a~ t~e City of Cyp're~s re~ain a member of the Santa Flood Protectio~ ~enc~ and appropriate $15~0 to the b~et ~o cover ~em'bershlp costs and approve the Mayor's ~asblngton if it is ~ecessar~. The motion carried by f~ll~wi~ roll call vote: ~: 3 COUNC]L~: ~ar~ey, ~udson and ~O~S: 1 C0UNClLMEN: $onju A~: 1 COUNC~LM~: L.acayo ~acAain ~ayor ~acLain called a recess at 7:55 p.m. T~e was called back to order at 8:10 p.m. with Councilman ~U~ ~RING RE: ZONE CHANGE ~76-2{ WARMINGTON COMPANY: ~or ~acLain amno~nced t~i~ was the time and place for the ~l~c ~earing to consider Zone Change ~76-2. She declared the hearln~ open and aske~ for t~e ~taff's report. T~e Planning Director presented a report dated June 24 indi- cating that the Pla~i~g Co~fssion ~enied the zone change on ~ay 2~, 1976 which would change the zoning on portions of a parcel located in the 470~ block of Lincoln Avenue (south side) from the CH-10,000 Commercial Heavy Zone to the RM-20/A Resi- ~nt~al ~ltiple-Family Zone. ~e summarized Staff Report PC 976--2~ dated May 17 and presented slides of the subject property. ~ayor ~acLain asked if anyone wished to speak in favor of Zone Cha~ge 976-2. Mr, J~m Christenso~, 1208 Deerpark, Fullerton, representing the applicant~ spoke in support of their development proposal and felt ~t would solve rather than add to the problems in the area. ~e sta~ed they visited residents and businessmen in the area to get a feel for the problems and he submitted a petition signed by several businessmen who supported their proposal. Mr, Christenson stated their proposal complies with one of the recommendations of the Lincoln Avenue Committee for development of the Lincoln parcels with a combination of uses. He felt each parcel deserves individual attention. He reported there was misinformation at the Planning Commission hearing regarding the type of development proposed. Be reported the proposal was for adult condominiums on the rear portion of the property and co~ercial development on the 200 feet of frontage which will be developed concurrently with the residential portion. The one to three bedroom condominiums ranging from $50,000 to $60,000 will comprise a completely closed project with its own ingress and egress and private streets. He stated they would locate one-story units adjacent to the single-family homes. He reported they proposed to cul-de-sac Julie Beth and Ethel Streets and they would not construct dwellings on these streets. He stated they would take mitigating measures to buffer the development from the Hyatt Die Cast operation. The Planning Director advised that Council action was required o~ ~he draft environmental impact report which was submitted with the application. City Council Minutes June 28, 1976 The Deputy City Attorney stated the petition submitted by the applicant does not comply with the City's petition ordinance and should not be considered as part of the testimony. Mr. Henry Livingston, 5408 Hanover Drive, Cypress, stated the proposal was an equitable plan to develop a troublesome deep lot without removing the commercial frontage on Lincoln Avenue. Mr. Coronado, 5350 Yorkshire, Cypress, stated he reviewed the plans and recommended that the Council approve the proposal. Mr. A1 Hyatt, 4656 Lincoln, Cypress, owner of Hyatt Die Cast which is adjacent to the subject property, stated 90 feet of his property borders this parcel. He stated he reviewed the plans and the driveways and carports will separate the dwellings from his property line. He noted the difficulty in developing Lincoln Avenue parcels and felt this was one of the best plans and he stated he had no objections. Mayor MacLain asked if anyone wished to speak in opposition. Mr. William Shaeffer, 9173 Ethel Street, Cypress, stated the project will create noise, pollution and additional vandalism problems. He stated in his tract there are primarily one-story homes abutting this property. He reported he submitted a peti- tion with 122 signatures to the Planning Commission expressing opposition to the zone change and the petition complies with the City ordinance. He stated residents in his area oppose a high density development, access to Julie Beth and Ethel Streets and overcrowding the schools with children from the project. He stated the 84 two and three bedroom units would generate about 252 people which is high density and would cause conges- tion on Lincoln. He stated he supported the two previous proposals for an automobile agency and mini-warehouse storage facility on the property. Mrs. Cheryl DeLoge, 9141 Ethel, Cypress, supported Julie Beth and Ethel being made into cul-de-sacs. She felt the applicant could change the project to apartments after being granted the zone change. She stated she supported the mini-warehouse proposal for the property and recommended that the Council await the recommendation of the Lincoln Avenue Action Committee before changing the zone. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated this is the last large commercial property remaining in the City and it is not one of the deep lots since it is almost square which makes it suitable for almost any type of commercial use. He felt the City has reached its maximum with residential growth and that more commercial and industrial development is needed to ease the tax burden. He felt condominiums can be classified as apartments which are owned by the tenant, that it would be poor planning to place residences next to a heavy industrial use which could expand, and that the proposal will add crime and school problems. He asked why the zone change was appealed. Mr. Paul Kaufman, 9154 Ethel Street, Cypress, supported cul-de- sacs on Julie Beth and Ethel Streets. He stated he did not oppose condominiums as long as the Council requires the devel- oper to follow through with his proposals to block off these streets, clean up the vacant field, provide sound buffers and have no gate at Julie Beth and Ethel which would allow persons to park on these streets and enter the condominium project. City Council Minutes June 28, 1976 Mr. Earl Beck, 6127 James Allen Street, Cypress, stated he opposed the rezoning since he did not wish more commercial property decreased. He felt a development of two and three bedrooms would eventually convert to a family project which would impact the schools. He asked how the commercial portion of development could be guaranteed. Mr. Jim Christenson responded to the comments and stated the developer was attempting to deal with all the homeowners' concerns. He agreed to stipulate to conditions that the development will be in substantial compliance with the plans presented to the Council and homeowners, that the development will be an adult community and that residential and commercial development will be constructed simultaneously. Mr. Christenson reported that interest in the property was already expressed by commercial tenants including a major restaurant. The Deputy City Attorney stated that conditions relating to the dead-ending of the streets, maximum density and simul- taneous commercial and residential development could be attached to the zone change approval. The Planning Director stated one alternative could be a zone change application to the PRD Zone which would require submittal of a precise development plan, with conditions of approval, as part of the rezoning application. He explained the conditional use permit process. Councilman Harvey asked for a status report on the actions of the Lincoln Avenue Action Committee. Mr. Alex Bell, 9461 Grindlay, Cypress, chairman of the Lincoln Avenue Action Committee, stated the Committee discussed the amount of depth of Lincoln Avenue parcels which should be set aside for commercial development but did not focus on developing commercial use on the entire property. He stated the zone change proposal, allowing a combination of uses, complies with one of the recommendations of the Committee. He felt the Committee's recommendations should be forthcoming in about two months. Mayor MacLain asked if anyone wished to speak in regard to the adequacy of the environmental impact report. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he has not seen the EIR and asked if an economical impact report was included. He felt the EIR is inadequate if it does not address the economical impact on the environment. The Planning Director stated an economical impact report is not a requirement of the California Environmental Quality Act. Mayor MacLain moved to close the public hearing and overrule the Planning Commission's action by approving the first reading of the ordinance approving Zone Change #76-2, and find that the EIR is acceptable. The motion died for lack of a second. It was moved by Councilman Hudson and seconded by Council- woman Sonju to uphold the findings of the Planning Commission and deny Zone Change ~76-2. Mayor MacLain stated she appealed the Planning Commission's action because she had questions regarding the proposal which she wished to discuss and because several property owners contacted her and reported there was misrepresentation at the Commission hearing. She supported the zone change based on the fact that four previous development proposals failed and City Council Minutes June 28, 1976 commercial shopping center development did not appear to be successful on Lincoln Avenue. She supported the proposal and felt it was a better alternative than having vacant land, because there is a demand for condominium housing and because the developer agreed to stipulate to conditions addressing the homeowners' concerns. She stated she opposed the motion. Councilwoman Sonju supported the commercial zoning and felt the property has commercial potential. She noted there has been activity on the property although it has been unsuccessful. Councilman Hudson supported a continuance of the zone change proposal until the Lincoln Avenue Action Committee presents its recommendations for Lincoln Avenue properties. Councilman Harvey stated the concerns of the homeowners relating to density, guaranteeing commercial development and closing off the streets could be covered under conditions of the zone change. He felt the fact that the Datsun agency on Lincoln is only able to use a portion of the lot indicates that such parcels are unable to be entirely utilized. He noted that Hyatt Die Cast is a light industrial operation and an expansion would require further Planning Commission and Council approval. He stated that persons who oppose certain uses on Lincoln Avenue have not suggested alternative uses for the deep parcels. He stated he would vote against the motion. A substitute motion was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to continue the appeal of Zone Change 976-2 to the July 12 meeting. RECESS: Mayor MacLain called a recess at 9:55 p.m. The meeting was called back to order at 10:15 p.m. with Councilman Lacayo absent. PUBLIC HEARING RE: FINAL ADOPTION OF THE 1975 EDITION OF THE NATIONAL ELECTRICAL CODE BY ORDINANCE WITH AMENDMENTS: Mayor MacLain announced that this was the time and place for the public hearing to consider final adoption of the 1975 Edition of the National Electrical Code. She opened the hearing and asked for the staff's report. The Public Works Director summarized a report regarding this matter dated June 23. Mayor MacLain asked if anyone wished to speak in support or opposition to adoption of the National Electrical Code. No one wished to speak in support or opposition. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to close the public hearing and adopt the following Ordinance by title only and the following Resolution by title only, titles as follows: ORDINANCE NO. 571 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1975 EDITION, WITH CERTAIN AMENDMENTS THERETO. RESOLUTION NO. 1734 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE ESTABLISHMENT OF A FEE SCHEDULE TO BE USED WITH THE LATEST EDITION OF THE NATIONAL ELECTRIC CODE. City Council Minutes June 28, 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 PUBLIC HEARING RE: ADOPTION OF THE FINAL BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT: Mayor MacLain announced this was the time and place for the public hearing to consider adoption of the 1976/77 budget for the Recreation and Park District. She opened the hearing and asked for the staff's report. The Planning Director read the City Manager's budget statement dated June 24. He reported that a Supreme Court decision last week regarding firemen's overtime compensation should provide a four cent per $100 assessed valuation tax reduction next year. Mayor MacLain asked if anyone wished to speak in support or opposition to adoption of the Recreation and Park District budget. There was no one wishing to speak in favor or opposition. It was moved by Councilman Hudson and seconded by Councilman Harvey to close the public hearing and adopt the 1976/77 fiscal year budget for the Cypress Recreation and Park District. 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 CONTINUATION OF CONSIDERATION OF SANITATION SERVICE PROGRAM: The Public Works Director presented a report from the Adminis- trative Coordinating Team dated June 24 describing the Team's recommendation to implement a sanitation service program. The program would include sewer maintenance, street sweeping, rubbish collection and a monthly refuse disposal service and would be funded by a sewer fee and an increased rubbish col- lection fee. As part of the sewer preventative maintenance program, the Team proposed the use of a computer to determine sewer capacity deficiencies and TV camera inspection of the sewer system. The staff presented slides illustrating the preventative maintenance program and a videotape of the tele- vision inspection operation. The staff also presented charts showing revenues and expenditures involved in the program and comparing the sewer and rubbish fees in other cities. Mayor MacLain noted that this program was length during the budget sessions and the a quasi-public hearing on the item. discussed at great Council had requested 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, CALIFORNIA, ADDING CHAPTER 22 TO THE CODE OF THE CITY OF CYPRESS RELATING TO SEWERS AND SEWAGE DISPOSAL. It was moved by Councilman Hudson and seconded by Mayor MacLain 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 10. City Council Minutes June 28, 1976 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 12-6 AND 12-7 OF THE CYPRESS CITY CODE RELATING TO THE COLLECTION OF GARBAGE, RUBBISH AND WASTE MATERIAL. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the first reading of the Ordinance and authorize the Mayor and City Clerk to execute the agreement with Cypress Disposal Company for trash and rubbish service and the agreement with the Southern California Water Company for billing service. 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 Planning Director advised that Item #23 regarding the second reading of an ordinance relating to Zone Change #76-3 was placed on the agenda in error and should be removed. The Mayor removed the item from the agenda. Mayor MacLain noted that it was 11:30 p.m. It was moved by Councilman Hudson, seconded by Mayor MacLain and unanimously carried to continue with the agenda until 12:00 a.m. CONSIDERATION OF ADOPTION OF THE 1976/77 BUDGET: The Planning Director presented a report dated June 24 which transmitted the City of Cypress 1976/77 fiscal year budget and City Manager's budget message. Councilwoman Sonju stated she had reservations about the micro- filming program and telecommunications program and the Planning Director outlined various cities in the county, including the County of Orange, which employ microfilming. Councilwoman Sonju requested that a dictating machine for City Council members be included in the budget and suggested that the Council immediately begin considering priority items for inclusion in next year's budget. She indicated she was dissatisfied with the present budget process and felt the Council rather than the staff should suggest items to be included in the budget. It was moved by Councilman Hudson and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows, which approves the 1976/77 City of Cypress budget, which does not include the Council's dictating equipment. Councilman Hudson stated he thought the Council concurred not to budget the dictating machine during the budget sessions but he agreed that the Council should consider priority items during the year for the following year's budget. RESOLUTION NO. 1735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 1976 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. 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 11. City Council Minutes June 28, 1976 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Hudson and seconded by Mayor MacLain to approve the Commercial Warrant List for Warrants ~42376 through #42495 in the total amount of $111,885.15. 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 SECOND READING OF ORDINANCE RELATING TO PUBLIC STORAGE/MINI- WAREHOUSE FACILITIES: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 572 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 11. 1-C OF ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. It was moved by Councilman Hudson and seconded by Councilman Harvey to adopt Ordinance #572. 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 SECOND READING OF ORDINANCE RELATING TO ZONE CHANGE ~76-4: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 573 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROPOSING AN AMENDMENT TO ZONING ORDINANCE ~559 BY ADOPTING 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 COM- MERCIAL HEAVY AND KNOWN AS ZONE CHANGE NO. 76-4. It was moved by Councilman Harvey and seconded by Councilman Hudson to adopt Ordinance #573. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Hudson, Sonju and MacLain None Lacayo SECOND READING OF ORDINANCE RELATING TO THE ADMISSIONS TAX: 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 Councilman Hudson and seconded by Mayor MacLain to adopt the Ordinance. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEN: 2 COUNCILMEN: 1 COUNCILMEN: Hudson and MacLain Harvey and Sonju Lacayo It was moved by Councilman and unanimously carried to meeting. Hudson, seconded by Mayor MacLain continue this item to the July 12 12. City Council Minutes June 28, 1976 With the consent of the Council, the Mayor continued Item #26, Continuation of Consideration of Six-Month Review of Community Center Use Policy, to the July 26 meeting. CONTINUATION OF CONSIDERATION OF REGIONAL PARKS IN THE AREA OF CYPRESS: The Planning Director transmitted reports dated May 26 and June 24 regarding this item. Also transmitted was a communication from Supervisor Schmit urging the Council to adopt an ordinance recommending that the Board of Supervisors acquire land on the Nike base for open space park development. The Planning Director reported the Board's hearing on this subject would be held Wednesday, June 30 and he requested that staff be authorized to attend the hearing and support a park on the Nike site and oppose a park on the Arlan property. Councilman Harvey stated he supported a regional park on a portion of the Nike property but he questioned the need for a regional park in the area of Cypress because of the location of regional parks in the Cities of Cerritos and Long Beach. He stated he preferred not to take a position because if Cypress encourages a regional park in this area of the county the County may wish to develop one in Cypress. Councilman Hudson stated he resented the fact that taxpayers had to re- purchase the Nike property for a park when the property was already owned by the taxpayers. It was moved by Councilwoman Sonju and seconded by Mayor MacLain to adopt a resolution incorporating Supervisor Schmit's resolution which indicates the Council opposes a park on the Arlan property and objects to taxpayers having to purchase public property. Following further discussion, it was moved by Councilwoman Sonju and seconded by Mayor MacLain to amend the motion to adopt the following Resolution by title only, title as follows, which expresses opposition to the Board of Supervisors' consid- eration of a regional park on the Arlan property and deletes the reference to taxpayers paying twice for the Nike property, and authorize the Planning Director to represent the City at the June 30 Board hearing: RESOLUTION NO. 1736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO ACQUIRE LAND ON THE FORMER NIKE MISSILE BASE FOR OPEN SPACE PARK DEVEL- OPMENT. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: 3 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: 1 COUNCILMEN: Hudson, Sonju and MacLain None Lacayo Harvey CONSIDERATION OF PROJECT T.L.C. - A NUTRITION/EDUCATION PROGRAM: The Recreation and Park Director presented a report dated June 23 describing a nutrition program to provide meals to senior citizens. The Council expressed concern over being able to fund the program in the future and noted that the cost to fund the program without grant funds was almost double the staff's previous estimate. 13. ,,_~-~City Council Minutes June 28, 1976 ~ ~3~;~j It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to continue the item to the July 12 meeting and request a report from staff on possible alternatives to reduce the cost of such a program. CONSIDERATION OF CYPRESS SCHOOL DISTRICT AND CYPRESS RECREA- TION AND PARK DISTRICT AGREEMENT: The Planning Director presented a report from the Recreation and Park Director dated June 23 which transmitted an agreement between the Cypress School District and Recreation and Park District for use of school facilities for public recreation programs during 1975 1976. It was moved by Councilman Harvey and seconded by Councilman Hudson that the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, authorize the City Manager and the Director of Recreation and Parks to execute the 1975-76 Facility Use Agreement between the Cypress School District and the Cypress Recreation and Park District. 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 APPROVAL OF RECREATION & PARK DISTRICT COMMER- CIAL WARRANT LISTS: It was moved by Councilman Hudson and sec- onded by Mayor MacLain to approve the Recreation and Park District Commercial Warrant List for Warrants #498 through 500 and 5561 through 5580 in the total amount of $392,838.11. 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 Councilwoman Sonju, seconded by Mayor MacLain and unanimously carried to continue Item #31 regarding television coverage of the Orange County political campaign, to the July 12 meeting. It was moved by Councilwoman Sonju, seconded by Harvey and unanimously carried to continue Item the Inter-County Airport Authority, to the July Councilman ~32 regarding 12 meeting. In regard to Item #33 regarding publication processes for City newsletter, Councilman Hudson reported on procedures cut printing costs. The Mayor requested that he submit a memorandum to the City Council outlining his findings. the to Mayor MacLain noted that the Council took by not including the dictating equipment in the 1976/77 budget. action on Item ~34 for the City Council EXECUTIVE SESSION: Mayor MacLain called an Executive Session for litigation matters at 12:15 a.m. The meeting was called back to order at 12:30 a.m. with Councilman Lacayo absent. ADJOURNMENT: It was moved by Councilman Hudson, seconded by Councilman Harvey and unanimously carried to adjourn the meeting at 12:30 a.m. to Tuesday, July 6 at 7:30 p.m. in the City Council Chambers. ATTEST: CITY 'CLERK bF THE ~ITY OF CYPRESS 14.