Loading...
Minutes 76-07-12MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD July 12, 1976 OF The regular meeting of the Cypress City Council was called to order at 6:45 p.m. on Monday, July 12, 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 Doug Dunlap, Assistant City Murphy, City Attorney and the following staff Fauke, Powell and Schatzeder. Manager, John members: Duke, PLEDGE OF ALLEGIANCE: Councilwoman Sonju led the pledge to the flag. MINUTES: It was moved by Councilwoman Sonju, seconded by and carried, with Councilman Lacayo abstaining, June 28 minutes as corrected. Mayor MacLain to approve the STAFF REPORTS & DISCUSSIONS: At the staff's request and hearing no objections, the Mayor removed Item #22, Continuation of Consideration of Project T.L.C. A Nutrition/Education Program, from the agenda and continued it to the July 26 meeting. The Assistant City Manager reported that Planning Commissioner Dennis Hart agreed to serve on the Commission until a successor is appointed but said he would miss all the meetings in August. Councilman Lacayo reported he received letters from four young girls in the City inquiring about the lack of a girls' club in Cypress. He requested that the staff send a letter to the girls and the Cypress Boys' Club inviting them to discuss this item at the July 26 meeting. At Councilwoman Sonju' s request, the Mayor placed Item #24 on the agenda regarding use of the Moody Street library by the Cypress Boys' Club. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried that this item be placed on the agenda for the July 26 meeting for reconsideration so that the Council may receive formal proposals from community groups, especially the Cypress Senior Citizens and Orange County Handi- capped Association. ORAL COMMUNICATIONS: Mr. Gene Vaughn, 8582 Acacia Drive, Cypress, asked if property owners on Acacia Drive could be reimbursed the bond which was posted for street improvements. He felt it was the Council's intent to waive street improvements in order to preserve the rural atmosphere of the street. City Council Minutes July 12, 1976 The Mayor placed this matter on the agenda as Item #25 and hearing no objections requested a report from the City Attorney for the July 26 meeting regarding a procedure whereby the City may waive the bond requirement for street improvements on Acacia Drive. Councilman Lacayo stated the Council received letters from two residents who objected to the new sewer service charge. He asked that the Council reconsider this item and hold a public hearing on the sewer maintenance fee and rubbish fee in light of the recent increase in assessed valuation of property in Cypress and that public testimony also be heard on the assessment increase. It was moved by Councilman Hudson Sonju to place the item regarding and rubbish collection fee on the erationo and seconded by Councilwoman the sewer maintenance fee July 26 agenda for reconsid- The Council discussed whether this item should be the subject of a public hearing and whether the increased property assess- ment should be included in the hearing. Councilman Hudson withdrew the motion. Councilman Lacayo made the same motion which was seconded by Councilwoman Sonju. Councilwoman Sonju recommended that only the sewer maintenance fee be reconsidered since she felt the rubbish fee increase was warranted. Councilman Lacayo recommended that both fees be reconsidered. Councilwoman Sonju moved a substitute motion that the Council reconsider only the sewer maintenance fee. The motion died for lack of a second. Councilman Lacayo withdrew his motion. It was moved by Councilman Hudson and seconded by Councilman Lacayo to hold a public hearing regarding the sewer maintenance fee, rubbish collection fee and increased property assessment. 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 Hearing no objections, Mayor MacLain took Item #12 out of order. CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM PRESIDENT RON JAMIESON OF CYPRESS CHAMBER OF COMMERCE: The Assistant city Manager presented a report dated July 8 and stated he had no further information to add to the Chamber's June 17 progress report. Councilman Harvey stated he requested this item on the agenda to give the Council an opportunity to evaluate the productivity of the Chamber and review its expenditures for activities which receive funding by the City. Mr. Alex Bell, 9461 Grindlay, Cypress, member of the Chamber Board of Directors, stated he had no further report in addition to the June 17 letter which was approved by a majority of the Board members. The letter presented a progress report and indicated the Board is very satisfied with the quality and professionalism of the Chamber management. Mr. Bell noted that all but two Board members were present at this meeting. City Council Minutes July 12, 1976 councilman Harvey stated the Council recognizes the Chamber's accomplishments and suggested that the Chamber manager regularly attend Planning Commission and City Council meetings in order to communicate the feelings of the Board and businessmen in Cypress regarding activities in the City, and that the Chamber provide the Council with a monthly activity report. Mayor MacLain requested that Mr. Bell provide the Council with the Chamber's listing of existing and potential businesses which have requested information on the community from the Chamber. Councilman Lacayo felt there should be more guidance and coor- dination from the Chamber in helping businesses get established by preventing problems such as the landscaping problem at Mervyn's. He felt the Chamber manager should attend meetings to provide Chamber input on important items and he suggested that the Manager request continuance of an item on the Council's agenda if the Board requires further information. Mr. Bell stated the Board will discuss this matter at the next meeting and try to develop a policy. It was moved by Councilman Harvey, seconded by Councilman Lacayo and unanimously carried to receive and file the report. Councilman Lacayo requested that Item #16 be taken out of order. CONTINUATION OF CONSIDERATION OF LANDSCAPE PROGRAM - MERVYN'S DEVELOPMENT: The Assistant City Manager presented a report from the Planning Director dated July 8 regarding the meeting held July 8 between the developer of Mervyn's and property owners residing west of the store to discuss the landscaping problem. The developer agreed to perform the following: Construct a 2 foot natural redwood fence on top of the existing walls separating the s~ngle--family areas from the commercial areas to achieve a minimum height of between 7 and 8 feet above grade; Extend the landscape treatment on the commercial property northerly 50 feet past the existing treewells; Install minimum 15-gallon trees of a species determined by the property owners to provide additional screening. The staff presented slides showing the wall and landscape treat- ment on the residential properties in relation to the Mervyn's store. The adjacent residents requested that Cypress Leylandi trees be planted and staff indicated that they are a fast growing species. Mayor MacLain noted it was time to conduct the public hearings. She opened the following hearings and continued them until after this item: CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE #76-2, WARMINGTON COMPANY PUBLIC HEARING RE: APPLICATION OR SPECIAL PERMIT, VICTOR K. LIPTON~ ZODIAC BRACELETS PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, W. CURTIS WATSON, FULLER BRUSH PRODUCTS PUBLIC HEARING RE: ANNEXATION #76-1 3 o City Council Minutes July 12, 1976 The Public Works Director reported that one of the property owners recommended today that additional trees be planted between the proposed trees along the wall, making them 7 1/2 feet rather than 15 feet on center. The property owner felt the solution proposed by the developer would not provide ade- quate screening. The Public Works Director estimated the extra trees, treewells and redesigned irrigation system would cost about $2700. Mrs. Sylvia Gunderson, 5854 Holmby Court, Cypress, stated it was her recommendation to plant additional trees between those proposed. She recommended Cypress Leylandi trees and felt they would satisfactorily screen the visual impact of Mervyn's building. Mr. Donald Kennedy, 5843 Holmby Court, Cypress, stated he did not especially care for the redwood extension and he felt trees 15 feet on center would be an unsatisfactory buffer. He stated he was unaware parking stalls would be installed directly behind the wall and he felt the trees should be protected from the cars. He agreed to planting the trees 7 1/2 feet on center. Mrs. Henrietta Hardesty, 5853 Holmby Court, Cypress, asked why she was not notified about the meeting on July 8 with the developer. Mrs. Gunderson reported that the property owners decided among themselves who would attend the meeting and they had neglected to notify Mrs. Hardesty. Mr. William Shaeffer, 9173 Ethel Street, Cypress, recommended that the treewells be large enough so that the trees do not die. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, recommended that concrete wheel stops be installed to prevent damage to the wall as well as automobiles. He inquired about the drainage pattern of the property. The Public Works Director reported he advised the developer of the latest recommendation to install trees 7 1/2 feet on center and the developer objected to this condition. He felt he had complied with all conditions and requirements of devel- opment and had gone further by agreeing to provide the addi- tional buffering requested by the property owners. The City Attorney stated the City could not impose further conditions since it appeared the developer had complied with all conditions of the site plan review. He stated the City could not finance the additional landscaping improvements on private property. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to direct a communication to the developer indicating that the Council has considered his objections but feels the additional trees are necessary to ensure the privacy of the adjacent single-family property owners and request that he meet the three conditions agreed upon at the July 8 meeting and the condition to install addi- tional trees between the existing treewells so that the trees are 7 1/2 feet on center along the westerly boundary. Councilman Harvey recommended that the staff negotiate with the developer regarding the requirements to provide street lights and to complete a paving strip on Valley View to help offset the cost of the extra landscaping. CONTINUATION OFPUBLIC HEARING RE: ZONE CHANGE ~76-2: Mayor MacLain reopened the public hearing and asked the staff to present its report. City Council Minutes July 12 , 1976 Mr. Dunlap presented a report dated July 8 which indicated the Affidavits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no written communications regarding this matter were received. This hearing was continued from the June 28 City Council meeting. Mr. Dunlap reported several residents and the developer met after the last hearing and all agreed to four stipulations for the development. Mr. Dunlap transmitted a petition from the residents supporting the Warmington proposal and a draft ordinance implementing the zone change and incorporating the four stipulations. Councilman Lacayo stated he listened to the tapes and heard the entire contents of the proceedings of the last public hearing so he felt he was able to participate in this hearing. In response to Councilman Lacayo, Mr. Dunlap reported that the applicant had apparently received an extension on the escrow. Mayor MacLain asked if the applicant wished to speak. Mr. Jim Christensen, representing the Warmington Company, stated that many of the adjacent property owners who opposed the zone change and proposed development now support it because of the fact that there was misinformation regarding the project at the previous hearings. The developer agreed to the following stipulations: (1) Julie Beth and Ethel Streets will be closed off as cul-de-sacs, and developer will install complete improve- ments including block walls, sidewalks, landscaping, to guarantee no pedestrian or vehicular access at the ends of Julie Beth, Ethel and Camp Streets; (2) a density of 12.9 units per acre and a maximum of 84 units; (3) the units closest to the cul- de-sac extensions of the above streets will not be moved any closer to existing homes south of the project; (4) developer will extend the existing wall between this project and existing single-family homes to the south to eight feet and other boundary walls to the east and south will be eight feet; and (5) the commercial and residential portions of the development will be constructed simultaneously. Mr. Christensen felt the failure of commercial centers on Lincoln was due to a lack of purchasing power in the area and fact that the businesses are small or service businesses. He stated they proposed a res- taurant and other types of business on their property. Mayor MacLain asked if anyone wished to speak in favor. Mrs. Cheryl DeLoge, 9144 Ethel Street, Cypress, stated she opposed the zone change previously because she thought high density apartments were proposed. She stated after meeting with the developer she supports the zone change since the developer agreed to stipulations. She stated the property has been vacant for three years and has been unable to be developed commercially. She objected to the dumping and motorcycle riding on the property, stated the project will not affect Arnold School and that the project will be advan- tageous to the adjacent residents. Mr. Paul Kaufman, 9154 Ethel Street, Cypress, stated he opposed the zone change at first because he was unaware of what type of development was proposed. He stated he supports the proposal and felt it will enhance property values on Lincoln, improve the appearance of Lincoln, provide a buffer between residential and commercial uses, and serve as a model for future development. He objected to the motorcycle riding and dumping currently taking place on the property. City Council Minutes July 12, 1976 Mr. Alex Bell, 9461 Grindlay, Cypress, felt the applicant was a very professional developer who takes pride in his homes and in correcting any problems. He felt a reason businesses do not do well on Lincoln is because they are iso- lated and lack purchasing power in the immediate area. He felt this project will stimulate other commercial development. He read a memorandum from the Lincoln Avenue Action Committee dated July 8, which is supported by the Chamber Board of Directors, recommending approval of the zone change with the conditions that the front 200 feet of property be reserved for commercial use and be developed in conjunction with the residential project, that there be a proper termination of the dead end streets to the east and south and that there be adequate conditions to insure that the project is not detri- mental to the adjacent single-family residents. The Committee felt the project conforms to one of its goals which is to retain commercial frontage on all Lincoln Avenue properties. Mr. William Shaeffer, supports the proposal 12.9 units per acre. should be mandatory. 9173 Ethel Street, Cypress, stated he if density is limited to 84 units with He felt the applicant's stipulations Mr. Howard Neil, 9171 Julie Beth Street, Cypress, stated there was much erroneous information in the first petition and after speaking with the applicant and seeing the plans he supports the project. He felt the project will be a good compromise for the residents to the south, it will provide commercial development and he urged the Council to support the proposal. Mayor MacLain asked if anyone wished to speak in opposition. Mr. John Gregan, 4175 Dover Circle, Cypress, opposed the rezoning because it will diminish commercial property and commercial development is needed to provide relief from the high property tax. He felt a high density development will be detrimental to the high quality of life in the City and to public safety. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt supporters of the proposal should consider the welfare of the entire City and recognize the need for more commercial development. He felt strip commercial development on Lincoln will not result in any important commercial uses. He felt the project will change from adults only to one allowing children and that a high density development will create social problems. He felt no one in the City has promoted commercial development and that an attitude change is necessary to convince developers that the City is interested in commercial business on Lincoln and on the part of homeowners who should be willing to live next to commercial development. He stated he opposes the application and felt it is a mistake to eliminate more commercial property. Mr. Jim Christensen, the applicant, stated they were invited by the Chamber of Commerce to examine the commercial not resi- dential potential of the property. He did not feel the entire property could be developed commercially. He felt the project will help the tax base by increasing the valuation of homes, the streets will be private and removed from the tax rolls, and the projec~ will provide purchasing power. He s%a%ed since the commercial and residential portions will be developed con- currently the residents will be aware of the commercial devel- opment. Mrs. Cheryl DeLoge, 9144 Ethel, Cypress, stated she supported the previous proposals for commercial use of the property but it has not been able to be developed for over three years and she did not wish to put up with the noise problem. 6e City Council Minutes July 12, 1976 Mr. Alex Bell, 9461 Grindlay, Cypress, stated the property is priced low for commercial property, has been available for some time and there have been several development proposals but the property is not viable for commercial use. He felt the proposal is the right one and will result in improvement of the property. Mr. Bell reported that the recommendation of the Lincoln Avenue Action Committee will be a 200 foot minimum requirement for commercial use and that all properties on both sides of Lincoln have commercial use to a certain depth. There will be exceptions and some parcels will be recommended for all commercial use. Mr. Bell felt the project will indicate posi- tive action that development is occurring and will be a catalyst for other development. RECESS: Mayor MacLain called a recess at 9:45 p.m. The meeting was called back to order at 10:00 p.m. with all Councilmen present. The Council discussed the ordinance which includes the conditions applicable to the zone change and the procedure whereby the zone could be changed back to commercial in the event that commercial development does not take place as proposed. It was moved by Mayor MacLain and seconded by Councilman Harvey to close the public hearing, overrule the Planning Commission's action by approving the first reading of the following Ordinance by title only, which includes a fifth stipulation that commercial and residential development will be developed concurrently, and initiate a General Plan amend- ment for the subject property: ORDINANCE NO. AN DRDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 559, THE ZONING QRDINANCE OF THE CITY OF CYPRESSt BY PLACING A CERTAIN PARCEL OF LAND IN THE RM-20-A RESIDENTIAL MULTIPLE FAMILY ZONE AND KNOWN AS ZONE CHANGE NO. 76-2. Councilman Harvey felt it was important that the property owners who signed the petition opposing the zone change signed another petition supporting it after they received more infor- mation and stated these people are entitled to the quality of life which they feel is satisfactory to them. Mayor MacLain stated she was aware of the problems of dumping and motorcycle riding on the property and stated she was very much in favor of the zone change because the situation on Lincoln will not change without someone initiating development. Councilman Hudson stated his concern was how this parcel would relate to development of the rest of Lincoln Avenue and he recommended that any rezonings be delayed until there are guidelines to determine the highest and best use of properties along Lincoln. He opposed single-parcel, spot development. He noted that General Plan amendments are to be considered without giving consideration to a specific development plan and felt the residents would not have supported the zone change without seeing the specific proposal which satisfies their concerns. 7o City Council Minutes July 12, 1976 Councilwoman Sonju felt the Planning Commission's denial of the zone change was because it would not constitute the highest and best use of the land and because the commercial opportunities for the property were not fully explored. She did not feel the proposal represented the best solution for Lincoln Avenue. councilman Lacayo recommended that the Council adopt a policy of how it intends to develop parcels on Lincoln because without guidelines a precedent for spot zoning will be set and properties will have to be developed on a single-merit basis rather than according to what is best for Lincoln as a commercial strip. Councilman Harvey stated it would be difficult to enforce a policy requiring commercial use of all parcels since they are different sizes with different characteristics. He did not feel many parcels would be subject to spot zoning since most on Lincoln are zoned Commercial Highway. He compared the property with the commercial uses at Lincoln and Valley View and noted how commercial use of the several contiguous parcels on Lincoln at Grindlay would be impractical° He felt the subject property is located in an area which has proven to be not conducive to commercial development because it lacks purchasing power. He felt the proposal is a viable one which is acceptable to the adjacent property owners, that all com- mercial development on it is impractical, and that the price of the proposed homes and 200 feet of commercial use will increase the assessed valuation and sales tax revenue. Mayor MacLain felt there could not be a hard and fast rule for Lincoln since it is a conglomeration of old businesses and different land uses. She stated the area is not conducive to shopping because the businesses are old, lighting is poor, parking is not easily available and access to businesses is difficult. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo and MacLain NOES: 2 COUNCILMEN: Hudson and Sonju ABSENT: 0 COUNCILMEN: None COUNCILWOMAN SONJU LEFT AT 10:45 P.M. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, VICTOR K. LIPTON, ZODIAC BRACELETS: Mayor MacLain reopened the hearing and asked the staff to present their report. Mr. Dunlap presented a report dated July 8 indicating the Affidavits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no written communications were received regarding the application. The application is to allow door-to-door solicitation for bracelets and other jewelry items. The Police Department investigation found no reason to protest the granting of the permit. Mr. Dunlap reported that he received a call today from the applicant who advised he was unable to be present at this hearing. Mayor MacLain asked if anyone wished to speak in support or in opposition to the application. There was no one wishing to speak. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to continue the public hearing regarding the application for a special permit by Mr. Victor K. Lipton to July 26 and request that he bring a sample of his merchandise. City Council Minutes July 12, 1976 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMITv W. CURTIS WATSON, FULLER BRUSH PRODUCTS: Mayor MacLain reopened the public hearing and asked for the staff's report. Mr. Dunlap presented a report dated July 8 indicating the Affi- davits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no written communi- cations were received regarding the application. The Police Department investigation found no basis to protest the applica- tion. The application is to permit door-to-door solicitation of Fuller Brush products. Mayor MacLain asked if anyone wished to speak in support or in opposition to the application. There was no one who wished to speak in favor or opposition. It was moved by Councilman Lacayo and seconded by Councilman Harvey to close the public hearing and approve the special permit for Mr. W. Curtis Watson for solicitation of Fuller Bruch products with the solicitation hours to be 9:00 a.m. to 6:00 p.m., Monday through Saturday. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Hudson ABSENT: 1 COUNCILMEN: Sonju Lacayo and MacLain PUBLIC HEARING RE: ANNEXATION #76-1: Mayor MacLain reopened the public hearing and asked for the staff's report. Mr. Dunlap presented a report dated July 8 indicating the Affi- davits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no written protests have been received. The Local Agency Formation Commission approved the annexation on May 26, 1976 for 16.64 acres of uninhabited property located on the south side of Lincoln, west of Valley View. Included in the annexation area is the Dick Barbour Datsun automobile agency. Mayor MacLain asked if anyone wished to speak in favor or opposition to Annexation #76-1. There was no one wishing to speak in support or opposition. It was moved by Councilman Harvey and seconded by Councilman Lacayo to close the public hearing and read the following Res- olution and Ordinance by title only, title as follows: RESOLUTION NO. 1738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING THAT A MAJOR- ITY PROTEST HAS NOT BEEN MADE IN THE PROCEEDINGS KNOWN AS "ANNEXATION NO. 76-1." ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION NO. 76-1" TO THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo and MacLain City Council Minutes July 12, 1976 It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt Resolution #1738 and 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: Sonju Hudson, Lacayo and MacLain CONSIDERATION OF AWARD OF CONTRACT FOR WEED ABATEMENT FOR FISCAL YEAR 1976/77: Mr. Dunlap transmitted a report Public Works Director dated July 7 which outlined the received for the weed abatement work. from the four bids It was moved by Councilman Harvey and seconded by Councilman Lacayo to determine that the lowest responsible bidder is Edwin Webber, Inc. and award the contract for the 1976/77 Weed Abatement Program to Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo and MacLain CONSENT CALENDAR: Mayor MacLain announced that all items listed on the agenda under "Consent Calendar" were to be con- sidered by the Council as routine and enacted by one motion approving the recommendation regarding each item. No Council member wished to remove an item. It was moved by Councilman Lacayo and seconded by Concilman Hudson to approve Items #2 through #7 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson, Lacayo Non e Sonju and MacLain Councilman Harvey recommended that a press release be sent out regarding Item #2 which relates to the new telephone emergency numbers to the Fire Department. Item #2: Consideration of Direct Dialing Emergency Communica- tions. Recommendation: Receive and file. Item #3: Consideration of Anaheim's Halloween Parade. Recommendation: That the information be transmitted to the Cypress Chamber of Commerce for their review. Item #4: Consideration of Acceptance of Improvements and Release of Bonds for Tract #8872. Recommendation: That the City Council accept the public improve- ments in Tract #8872 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the monumentation bond and the labor and mat- erial bond upon expiration of their required lien period, providing no mechanic liens are filed, with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. Item #5: Consideration of an Alcoholic Beverage License Application for a Self Incorporation Transaction, On Sale Beer and Wine, Requested by Charles F. Quinette, Pizza Hut, 6471 Ball Road, Cypress. City Council Minutes July 12, 1976 Recommendation: Receive and file. Item #6: Consideration of Communication River Flood Protection Agency Requesting River Plan." from the Santa Ana Support for the "Ail Recommendation: That the City Council go on record in support of the "All River Plan" and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1739 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE "ALL RIVER PLAN" FOR THE SANTA ANA RIVER FLOOD PROTECTION PROJECT. Item #7: Consideration of Assessment for Weed and Rubbish Abatement for 1976. Recommendation: That the City Council accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES, AND IMPOSING SPECIAL ASSESS- MENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. CONTINUATION OF CONSIDERATION OF TV COVERAGE OF ORANGE COUNTY POLITICAL RACES: Mr. Dunlap presented a report which transmitted communications from the cities and Fountain Valley. dated July 8 of Orange It was moved by Councilman Lacayo, seconded by Mayor MacLain and unanimously carried to direct the staff to draft a resol- ution urging more complete coverage by TV stations of Orange County political issues. CONTINUATION OF CONSIDERATION OF INTER-COUNTY AIRPORT AUTHORITY: Mr. Dunlap presented a report regarding this matter dated July 8. Mayor MacLain noted that the Council was being requested to support the ICAA's study effort and not the results of that study. It was moved by Mayor MacLain, seconded by Councilman Lacayo and unanimously carried to direct the staff to draft a resolu- tion supporting the intent of the study by the Inter-County Airport Authority. CONTINUATION OF CONSIDERATION OF PROPOSED REGIONAL PARK - NIKE BASE: Mr. Dunlap presented a report from the Planning Director dated July 8 which outlined actions by the Board of Supervisors at their June 30 hearing on this matter. The Board determined that consideration be given to the establish- ment of a regional park on about a 50 acre site on the former Nike base, somewhere north of Orangewood Avenue. The Board's hearing on this matter was continued to July 14 at 10:30 a.m. 11. O~>~City Council Minutes July 12, 1976 It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to authorize the staff to attend the continued public hearing on this item to monitor the actions of the Board of Supervisors and to provide input as necessary in accordance with the previous Council directive. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to continue Item #17, Consid- eration of Proposed City Emergency Ordinance and City Emergency Plan, to the July 26 meeting. CONSIDERATION OF PROPOSED CHANGE OF ZONE WITHIN THE CITY OF LAKEWOOD: Mr. Dunlap presented a report from the Planning Director dated July 8 which indicated the Lakewood Planning Commission approved the rezoning of 12.7 acres of property located on the south side of Crescent, west of Acacia Drive and east of the Coyote Creek Channel from the R1 Zone to the PDSF (Single Family Planned Unit Development) Zone. A 232 unit condominium project is proposed to be developed on the property. The Lakewood City Council's hearing on this matter will be July 27. The Planning Director felt the project would be detrimental to the City of Cypress and transmitted his objec- tions and comments on the EIR to the City of Lakewood. Mayor MacLain noted that the proposed project was named "The Lakes" and that water features tend to produce mosquitos and other vectors. She requested that the staff obtain a report from the Orange County Vector Control District to determine whether a mosquito or vector problem will be created by the proposed project which is adjacent to the Coyote Creek Channel. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to authorize the staff to attend the July 27 meeting of the Lakewood City Council to personally express opposition to the proposed zone change and enumerate the reasons for this opposition. CONSIDERATION OF NEWSLETTER COPY: Mr. Dunlap presented a report dated July 8 which transmitted the proposed newsletter copy for the Cypress Review which is to be distributed during the first week in August. Councilman Lacayo requested that a front page article be devoted to the issue of increased property assessments and state that the City Council will hold a public hearing on the issue. The Council requested that the article indicate that the Council has directed the staff to investigate the impact on the City's budget of the increased assessed valuation and that their analysis will be aired at a public hearing in July or August when the Council will consider this item with the hope that it may result in a decreased tax rate. Mr. Ken Hulse, 5158 Cumberland, Cypress, indicated that according to his calculations the additional revenue from the increased property assessments should result in a tax rate decrease to $ .76/$100 assessed valuation. The Council transmitted to the staff several corrections to the newsletter articles. Councilman Harvey asked that the staff send a letter to the Chamber of Commerce inquiring about their policy of mailing invitations to the Council to ground- breakings or openings. Mayor MacLain noted that it was 11:30 p.m. Hearing no objec- tions, she stated the Council would continue with agenda items until 11:40 p.m. 12. City Council Minutes July 12, 1976 It was moved by Councilman Lacayo, Harvey and unanimously carried to as corrected. seconded by Councilman approve the newsletter copy CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Commercial Warrant List for Warrants ~42496 through #42607 in the total amount of $76,021.46. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo and MacLain SECOND READING OF ORDINANCE RELATING TO THE ADMISSIONS TAX: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as foll~ows: ORDINANCE NO. 574 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 26-10 AND 26-11 OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE ADMISSIONS TAX. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt Ordinance #574. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Sonju Lacayo and MacLain CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Recreation and Park District Commercial Warrant List for Warrants 9501 through ~506 and #5581 through ~5634 in the total amount of $752,356.31. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo and MacLain Mayor MacLain suggested that the Council schedule the public hearings on the Arlan property for the first and third Mondays of the month instead of on Tuesday since the City Attorney is unable to attend meetings on Tuesday. The Council decided to schedule the Arlan hearing for August 2 at 7:30 p.m. ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to address the Council at this time. No one wished to speak. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:35 p.m. to Tuesday, July 20 at 7:30 p.m. ATTE S T: CITY CLERK OF THE:CITY MAYOR OF THE/~ITY OF CYPRESS OF CYPRESS