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Minutes 76-08-10MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUgust 10, 1976 The adjourned regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Tuesday, August 10, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, Hudson, Lacayo and MacLa±n Councilwoman Sonju Also present were City Manager/City Clerk Darrell Essex, attorney Elizabeth Strauss, and the following City staff members: Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The Finance Officer led the pledge to the flag. Mayor MacLain noted that many of the items from the August 9 agenda were continued to this evening. CONSIDERATION OF AWARD OF CONTRACT FOR 7 PATROL CARS AND ONE POLICE STATION WAGON, REPLACEMENTSt REQUEST FOR QUOTATION #7677-09: The City Manager presented a report from the Finance officer dated August 5 which indicated bids were requested from five vendors and only one was received. Mr. Essex read a statement dated August 9 from Councilwoman Sonju who recom- mended the following as economy measures: (1) prohibit City vehicles for personal use, (2) assign all vehicles to a City pool and to no specific department, (3) reduce total number of vehicles from 13 to 7, including new vehicle purchases, except for Police and maintenance vehicles, and (4) review vehicles assigned to Recreation and Park Department. Councilman Harvey noted that Councilwoman Sonju's objections did not relate to Police vehicles and felt action on the award of contract would be appropriate. It was moved by Councilman Hudson and seconded by~ Councilman Lacayo to accept the bid from Fletcher Jones Chevrolet and award him the contract in the amount of $44,329.20 less trade- in. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain Councilman Harvey requested that the matter addressed by Council- woman Sonju regarding City vehicles be placed on the next agenda. 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 Councilman wished to remove an item. It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve Items #3 through #llb. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain None Sonju City Council Minutes August 10, 1976 Item #3: Consideration of Initiating Annexation Proceedings. Recommendation: That the City Council adopt a resolution declaring that proceedings have been initiated by the City Council to annex such certain uninhabited territory described as Annexation #76-2, by title only, title as follows: RESOLUTION NO. 1746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY COUNCIL OF THE CITY OF CYPRESS TO ANNEX TO SUCH CITY CERTAIN UNINHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS "ANNEXATION NO. 76-2" SETTING FORTH ITS REASONS FOR DESIRING ANNEXATION AND GIVING NOTICE OF THE TIME AND PLACE SUCH CITY COUNCIL WILL HEAR WRITTEN PROTESTS AGAINST SUCH ANNEXATION. Item #4: Consideration of an Alcoholic Beverage License Application for a Person-to-Person Transfer for Off Sale General Sales, Requested by Ronald D. Beauchamp and Tom A. Terwilliger, Tanglewood Liquors, 4029 Ball Road, Cypress. Recommendation: Receive and file. Item #5: Consideration of Agreement for Implementation of the Housing and Community Development Act. Recommendation: That the City Council approve the Community Development Block Grant Program contract between the County of Orange and the City of Cypress and authorize the Mayor to sign the agreement. Item #6: Consideration of Various "No Parking" Areas. Recommendation: That the City Council adopt the following Resolution restricting parking in the designated areas of Walker Street and Orange Avenue, by title only, title as follows: RESOLUTION NO. 1747 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "STANDING ZONES" AND "NO PARKING" AREAS. Item ~7: Consideration of Approval of Plans and Specifications, Authorization to Advertise for Bids for the Construction of the Community Development Project, Second Year Program; Newman and Nelson Streets Improvements and House Sewer Connections on Newman Street, City of Cypress Project #7600-90. Recommendation: That the City Council approve plans and specifications for construction of Project #7600-90, the Community Development Project, Second Year Improvement Program on Newman and Nelson Streets and house sewer connections on Newman Street and authorize the City Clerk to advertise for bids with bid date to be set after approval of H.U.D. Item #8: Consideration of Increase in Appropriation for Vacuum Cleaner. Recommendation: That the City Council authorize a budgeted transfer of $250 from the fund balance of the General Fund to Account #90.4464.65035. City Council Minutes August 10, 1976 Item #9: Consideration of Local Agency-State Agreement No. 14 and Supplement No. 1 for Federal Aid Urban System Projects F.A.U. Covering the Widening and Improvements of Katella Avenue from Lexington Drive to 560 Feet East of Siboney Street, City of Cypress Project 97623-10. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1748 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIFORNIA~ AUTHORIZING EXECUTION OF LOCAL AGENCY-STATE AGREE- MENT NO. 14 AND SUPPLEMENT NO. 1 FOR FEDERAL AID URBAN SYSTEM PROJECTS F.A.U. UNDER THE FEDERAL AID HIGHWAY ACTS OF 19'70 AND 1973. Item #10: Consideration of Approval of Plans and Specifications, Certification of Right of Way and Authorization to Advertise for Bids on Walker Street from DeLong Street to Orange Avenue, city of Cypress Project ~7405-10-0776. Recommendation: That the City Council: (1) adopt the following Resolution by title only, title as follows, which requests the County of Orange to increase their allocation for AHFP ~776 by $18,200: RESOLUTION NO. 1749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION OF FUNDS TOWARD THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF WALKER STREET FROM DE LONG STREET TO ORANGE AVENUE, AHFP #776. (2) authorize a budgeted transfer from the 2106 Gas Tax Fund and appropriate $43,100 from the fund balance of the Gas Tax Fund to Account ~10-4186-40521, (3) approve the plans and speci- fications for improvement of Walker Street from DeLong Street to Orange Avenue, Project #7405-10-0776 and authorize the City Clerk to advertise for bids with bid date to be set after approval of the Orange County Road Department, and (4) authorize the Mayor to sign the Right of Way Certification and the City Clerk to attest. Item #11: Consideration of Employment List - Arts & Cultural Coordinator, Cypress Recreation and Park District. Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, certify the employment list for the position of Arts and Cul- tural Coordinator for the Cypress Recreation and Park District as submitted. Item #1la: Consideration of Final Tract Map #9289. Recommendation: That the City Council approve Final Tract Map ~9289 and accept the cash bond for public improvements in the amount of $10,300.00 which is not less than 50% nor more than 100% of the total improvements and authorize the City Clerk to sign the record map. Item ~llb: Consideration of Communication from Orange County Health Planning Council Requesting Confirmation of City's Appointment to Commission. Recommendation: That the City Council reaffirm its appointment of Mrs. vivian Van Allen to the Orange County Health Planning Council. 3. City Council Minutes August 10, 1976 CONTINUATION OF CONSIDERATION OF ACACIA DRIVE EXEMPTION FROM PUBLIC IMPROVEMENT REQUIREMENTS: Mayor continued this item to the Hearing no objections, the next meeting. CONTINUATION OF CONSIDERATION OF A COMMUNICATION FROM THE CITY OF SANTA ANA CONCERNING THE ORANGE COUNTY HUMAN RELATIONS COM- MISSION: The City Manager presented a report dated August 5 which transmitted correspondence from the City of Santa Ana regarding the Orange County Human Relations Commission. Councilman Harvey spoke in support of the Santa Ana resolution which recommended that the Human Relations Commission confine its operations to problems in the unincorporated areas of the county except where its involvement or assistance is specifi- cally requested by the City Council of an individual city. The City Manager reported that the communication sent by the mayor of Santa Ana is supported by their City Council. It was moved by Councilman Harvey, seconded by Mayor MacLain and unanimously carried to direct the City's League represen- tative to vote in support of the City of Santa Ana's resolution regarding the Orange County Human Relations Commission. CONTINUATION OF CONSIDERATION OF PROPOSED CITY EMERGENCY ORDINANCE AND CITY EMERGENCY PLAN: The C~ty Manager presented a report regarding this item dated August 4. 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 CHAPTER 8-A OF THE CYPRESS CITY CODE RELATING TO EMERGENCY SERVICES ORGAN- IZATION. It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain It was moved by Councilman Lacayo and seconded by Hudson to adopt the following Resolution by title as follows: Councilman only, title RESOLUTION NO. 1750 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN EMERGENCY PLAN FOR SAID CITY. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain CONSIDERATION OF A REQUEST TO PURCHASE AN ADVERTISEMENT IN THE CYPRESS COLLEGE CAMPUS MAP AND GUIDE: The City Manager pre- sented a report dated August 5 regarding a request to place an advertisement in the annual Cypress College campus map and guide. He presented samples of past campus guides. 4 o City Council Minutes August 10, 1976 Mr. Ian Pare, vice president of College Merchants Scholarship Fund, Los Angeles, described the types of ads which may be placed which range from $175 to $350. He stated their map is the only one used by Cypress College and is distributed free of charge to all registering students. He indicated the guide brochure is paid for by the merchants and that proceeds are also used to support the College Merchants Scholarship Fund. Councilman Lacayo stated he did not support expending City funds for a commercial venture which is not a student or non- profit organization activity and Mayor MacLain felt the expen- diture would only be transferring funds from one taxing agency to another. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to receive and file the request. CONTINUATION OF CONSIDERATION OF ADOPTING AN ORDINANCE RELATING TO ANIMAL CONTROL: The City Manager presented a report dated August 5 which transmitted a proposed ordinance adopting by reference the County Code relating to animal control. Mr. Essex stated that the County presently enforces the City's animal control regulations. 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 ADOPTING BY REFERENCE CERTAIN PROVI- SIONS OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE PERTAINING TO ANIMAL CONTROL AND LICENSING. It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the first reading of the Ordinance and to schedule a public hearing to hear public testimony regarding adoption of the Ordinance for Monday, September 13 at 8:00 p.m. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain Councilman Hudson reported on a recent experience on a weekend with a dead animal and suggested that the staff might contact the county animal control office urging them to provide a tele- phone tape recording describing the proper procedure to dispose of dead animals. CONTINUATION OF CONSIDERATION OF ORANGE COUNTY LEAGUE OF CITIES' RESOLUTIONS: The City Manager presented a report dated August 4 which transmitted the report of the League's Resolutions Committee which will be considered at the August 12 Executive Committee meeting. Also transmitted was a communication from the City of Tustin urging the League to study amendments to state law regarding workmen's compensation. Hearing no objections, the Mayor announced the City will support the League of California Cities' Resolutions Committee Report to be considered at the August 12 meeting as well as the resolution of the City of Tustin. City Council Minutes August 10, 1976 ~O~SIDERATION OF INTERSECTION OF KATELLA STREET AND VALLEY VIEW STREET: The City Manager presented a report from the Public Works Director dated August 2 describing traffic problems at the intersection. Staff recommended an improvement in detection by the traffic signal controller and several striping changes in order to maximize the intersection's capacity and efficiency of the signal. It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve a transfer of $2,000.00 from the 2106 fund balance to Account #4187-49222 to cover costs of installing detection equipment as described in the staff's report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain CONSIDERATION OF AUTHORIZATION OF OVERTIME FOR ENGINEERING DESIGN, KATELLA AVENUE SANITARY SEWER, CITY OF CYPRESS PROJECT #7671-90: The City Manager presented a report from the Public Works Director dated August 5 describing the Katella Avenue sanitary sewer project which the staff proposes to submit for funds under the recently passed Federal Public Works/Counter- cyclical Bill. Some of the criteria in determining priority projects are: that project plans, specifications and cost esti- mate must be completed and the project must be ready to go to bid at the time of application; priority will be given to projects where construction will be underway within 90 days of approval; and higher priority will be given to projects which have a larger portion of project cost in labor rather than in materials. Staff felt the final plans, specifications and cost estimate could be completed prior to the application date of September 15 by using existing staff on an overtime basis. It was moved by Councilman Lacayo and seconded by Councilman Hudson to: (1) approve the establishment of a Capital Improve- ment Account #491-28 for Katella Avenue Sanitary Sewer; (2) appropriate funds from the fund balance of the General Fund to the following accounts: Acct. #10-4003-49128 (Overtime) $2,114 Acct. #10-4189-49128 (Soils Inves- tigation) $2,000 Acct. #10-4151-49128 (Blueprints) $ 500 (3) authorize transfer of $6,000 from Account #10-4001-26307 to Account #10-4001-49128 (Regular Salaries); and $2,000 from Account #10-4006-26307 to Account #10-4006-49128 (Fringe Benefits). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-1 - ARLAN PROPERTY: Mayor MacLain re- opened the public hearing regarding General Plan Amendment ~76-1. Mr. Louis Warschaw, 417 S. Hill, Los Angeles, representing the property owner, indicated he would like the amendment on the November ballot. The City Manager advised that September 8 would be the deadline for the Council to take final action in order to place the issue on the ballot. City Council Minutes August 10, 1976 Mr. Warschaw stated the property owner felt the plan was fair and acceptable and indicated they agreed with changes made by the Planning Commission. He felt the Airport Land Use Commission's opinion was that this was the best plan they had seen up to this point. Mr. Warschaw asked that the matter be placed on the ballot to give the entire population an opportunity to vote, not just 20% of the population. He stated the owner is not interested in any other plan. He indicated if the property is not on the November ballot then their recommendation would be to withdraw the application. Councilman Hudson pointed out the City's liability if it approves land uses (residential) in areas which the ALUC designates as unacceptable for housing. Mr. Warschaw stated he would be willing to meet with staff to work out problems such as this and the owner would be agreeable to minor plan changes, not major changes. He indicated he was willing to change the location of proposed land uses as long as the land use acreages remain the same. Councilman Lacayo recommended continuing the hearing to next week because of the absence of one Council member who also was absent at the previous Arlan property hearing and because the Council had not heard testimony on the General Plan amendment. Councilman Hudson notified the Council that he would be out of town Monday through Thursday of next week. Councilman Harvey urged the Council to proceed with the hearing because of the September 8 deadline and fact that tapes of the hearings are available to the Council members. The Planning Director reviewed all materials which had been transmitted to the Council as supportive documentation to the draft EIR and stated all these materials would be included in the final EIR which reflects the development plan which the Council would like presented to the public for a vote. He reported staff feels the draft EIR satisfies all requirements of the California Environmental Quality Act and City Resolution #1584. He noted that accepting the EIR as adequate does not commit the Council to a specific development plan. The Planning Director reviewed the land use recommendations of the Planning Commission and described the phasing program. The Commission approved the phasing and implementation programs recommended in the Administrative Coordinating Team's report on the Arlan Property. The Team and Commission recommended certain conditions, or assurances, as a prerequisite for each phase, regardless of the development plan, which included: Dedication of ultimate rights-of-way for arterial streets, including Holder Street extension, as a prerequisite for first phase. Final subdivision map be submitted for industrial portions of first phase and all necessary deeds and bonds be paid to guarantee improvements of industrial areas. Annual review of development program and review of each phase to determine compliance with overall objectives of program. Requirements of preceding phase must be met before starting on next phase. Payment of drainage fees, in cash, for each phase must be made prior to start of each phase. City Council Minutes August 10, 1976 The Planning Director mentioned that the Chamber of Commerce wanted assurances that industrial development would precede residential development and he felt their recommendation was that there be actual physical development on the industrial areas. The staff and Planning Commission recommended that the land be available and ready for industrial development prior to any activity on the residential portions. Mr. Warschaw felt this was an impractical approach and felt it would take an indefinite number of years to finish engin- eering and prepare the property for industrial development. He stated the owner is prepared to post bonds for the property which will assure the City that industrial development will take place. The Public Works Director advised that one of the requirements before Council approval of a final tract map is that all re- quired improvements must be guaranteed by a performance bond and labor and materials bond. Another requirement is a sub- division improvement agreement which requires the property owner to install improvements within a specified period of time. If the owner does not install improvements within that time period, the City has the option of foreclosing on the bonds and requiring the bonding company to install the improvements. The Public Works Director stated this is a good guarantee that improve- ments will be installed if a final subdivision map is filed. Mr. Alex Bell, 9461 Grindlay Street, Cypress, reported that the position of the Chamber of Commerce and Chamber's Arlan Property Study Committee is that they don't agree entirely with the proposed plan but they feel a plan should be enacted which must offer absolute guarantees that the City will get what it needs most - a revenue producing development such as industrial and commercial. The Chamber's concern was that if residential development takes place first, there might be hundreds of resi- dents who would oppose industrial development near them and who might pressure a future Council into changing the develop- ment plan. The Chamber's recommendations were that: a final subdivision map be recorded for industrial and commercial Phase I development, that actual construction begin on on and off- site improvements prior to groundbreaking of residential devel- opment, and that on and off-site construction, particularly on industrial portions and maybe on commercial portions, be completed prior to completion of Phase I residential construction. The Chamber felt that much of the land could be sold to industrial and commercial developers at an early stage to help pay for the initial expense. He felt the bonding procedure would be acceptable to the Chamber and Arlan Study Committee. Mr. Joe Segal, 9582 Margaret Street, Cypress, asked if the property owners planned to construct all development themselves. Mr. Warschaw stated the owner plans to develop the industrial and commercial portions but not the residential construction. He stated the owner is presently trying to sell to industrial developers. Mr. Segal felt the south part of the City was already undergoing phases 1 through 4 since the industrial zoning was changed to residential. He felt the City should plan in terms of what has already occurred. Mr. Segal felt the Phase I industrial area proposed between Walker and Valley View, north of Katella, should be the testing ground for the viability of industrial use. If the area is unsuccessful for industrial then it could be changed to residential, rather than designating it for residential at the start. Mr. Segal stated he opposes the conversion of any industrial zoning and he felt not enough effort was made to solicit industrial development on the property. City Council Minutes August 10, 1976 The City Manager reported on the past zoning actions in the south part of the City which involved a change from residential to industrial and industrial to residential on the Arlan prop- erty. The exchange resulted in an increase of 50 industrial acres. RECESS: Mayor MacLain called a recess at 8:50 p.m. The meeting was called back to order at 9:05 p.m. with Councilwoman Sonju absent. Dr. Andrew Erdaly, 5373 Oxford Drive, Cypress, spoke in support of the property owner's right to develop his property as he chooses which he is entitled to under the free enterprise system. He felt the development program was vital and could help reduce taxes and that it was the responsibility of the entire community to participate in the development program. He asked the City and Chamber of Commerce to help small businesses so that they are not put out of business by franchises or larger businesses. Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, asked that the Council consider Plan H which calls for a combination of indus- trial and commercial uses. He felt if the plan is disregarded now then it will always be an issue in the future and the question of commercial/industrial use will remain unresolved. The Planning Director read a memorandum dated August 9 which presented a critique of Plan H. Mr. Hulse spoke in defense of Plan H and indicated it was meant more as a tool to compare the effects of a commercial/industrial plan and was submitted because several requests for an analysis of an all industrial/commercial plan were ignored by the Planning Commission. Mr. Hulse stated he would like to change the loca- tion of the proposed uses and stated the plan was prepared quickly so that the Planning Commission would have time to review it. He indicated his computations were based on figures contained in the Wilsey & Ham and Williams, Kuebelbeck & Asso- ciates economic reports. The Planning Director stated that an economic analysis of Plan H by the consultant would be difficult to perform since the consultant would need specific data such as the amount and location of commercial/industrial uses. Complicating this would be the fact that the potential market for commercial use on the property is unknown. Mr. Warschaw again stated their plan is a compromise and he noted they have reduced the residential acreage from the ori- ginal plan so that it comprises only one-third of the property. He stated the basic question is financing the development. Mr. Warschaw stated the commercial/industrial mix sounds good on paper but he felt it was unrealistic. He stated the owners' position remains that they are not interested in any other plan. Mrs. Rebecca Joiner, 10801 Knott Avenue, Stanton, stated the Council should try to keep the Constitution alive at the local level and she supported the property owner's right to develop his property. She felt the Council was acting as an obstacle to developing the property and stated the City cannot afford to lose this tax base. Mrs. Joiner spoke against the material which was circulated regarding annexation of the "wedge" property west of Knott and north of Katella to the City of Stanton. She felt the residents were led to believe they were voting on property which was already in Cypress and this information resulted in the City losing the property. City Council Minutes August 10, 1976 Mr. Warschaw noted that, according to the economic study made by Envista, Plan D (owner's plan) would provide a total net tax income of $727,000 per year and an all industrial plan (B) would provide $773,000 per year. He felt there would not be a significant difference between their plan and an industrial/ commercial mix. Mayor MacLain stated the City Council had set 10:00 p.m. for ending discussion on this item. Hearing no objections, she announced the Council would continue with the hearing until 10:30 p.m. Mr. Howard Rowan, 583] Shirl Street, Cypress, stated the Cypress Citizens' Association supports an analysis being made of Plan H. He also asked that the consultant make an analysis of the best development plan for the property. He felt some alternatives were being ignored. Mr. Rowan felt information from the Navy was passed over and asked if it was included in the EIR. He did not feel residential development along the extension of Holder Street would tie the City together since it is separated by school districts. Mr. Rowan supported industrial development of the property and cited examples of industrial development in surrounding cities as proof it is viable in this area. He urged the Council to consider the best long-range solution for the City. Mr. Richard Parton, 11456 Culebra, Cypress, president of College Park Homeowners' Association, stated their Association is concerned that proposed commercial and industrial develop- ment will be directly adjacent to them. He reported the Asso- ciation has had briefings from the property owner and that he has attended all Planning Commission hearings on this sub- ject and he felt the choice of Plan D over Plan A was a mistake. Mr. Parton stated the Association and other residents in the south part of the City will vigorously support Plan A (owner's original plan) with minor changes. He stated they recognize the opposition from other sections of the City but these resi- dents do not live directly adjacent to the Arlan property. He stated all residents pay the same taxes and future residents may pay more taxes because the value of their homes will be higher. He felt Plan D would create more traffic and pollution. He felt the shuffling around of land designations by the Plan- ning Commission was not thought out logically. Mr. Parton stated that Plan D changed the designation at the northwest corner of Orangewood and Valley View from residential (town- houses) to all industrial except for two acres at the corner designated for commercial, because the area is under the flight path of Los Alamitos Air Station. He stated they preferred the residential designation and noted there are existing homes along Valley View in this area. Mr. Parton stated the resi- dents will object to commercial/industrial use proposed at the southeast corner of Katella and Valley View because it will back up to the residences. He did not feel the entire area should be restricted from residential use because one corner is under the flight path. Mr. Patton felt it was illogical that the only reason the Planning Commission opposed the agricultural transition area was because the Zoning Ord- inance lacks this zone classification. Councilman Hudson stated he will be absent next week but he felt the Council was ready to take action since there was no further public testimony. He suggested continuing the hearing to August 23 or 24. 10. City Council Minutes August 10, 1976 It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to continue the public hearing regarding General Plan Amendment #76-1, Arlan Property, to Tuesday, August 24 at 7:30 p.m. RECESS: Mayor MacLain called a recess at 10:20 p.m. meeting was called back to order at 10:30 p.m. with Sonju absent. The Councilwoman CONSIDERATION OF AN ORDINANCE EXTENDING THE TIME PERIOD FOR LIVE ENTERTAINMENT PERMITS: The City Manager summarized a report dated August 5 which recommended adoption of a proposed ordinance which would allow live entertainment permits to be issued for an indefinite period of time, subject to revocation or suspension, and if live entertainment ceases to be provided for 90 consecutive days the permit would automatically expire. The proposed ordinance is an effort to cut down on administrative problems presented by the current Code provisions which require an annual application and public hearing for a live entertain- ment permit. Staff indicated there are only two such permits issued in the City. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 9-8 OF THE CYPRESS CITY CODE RELATING TO LIVE ENTERTAINMENT PERMITS. It was moved by Councilman Lacayo and seconded by Councilman Hudson 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: Sonju , Hudson, Lacayo & MacLain CONSIDERATION OF A REQUEST FOR THE CITY OF CYPRESS TO PARTICIPATE IN A SPECIAL EDITION OF THE "COMMUNITY ADVOCATE": The City Manager presented a report dated August 5 regarding a request by the Community Advocate newspaper for the Council to place an advertisement in their special edition which is a salute to cities served by the newspaper. Staff transmitted a copy of last year's advertisement and reported the cost of a half-page ad is $125. It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve an expenditure for a one-half page advertise- ment in the special edition of the Community Advocate similar to last year's advertisement and request that the staff present a proposed format for the next meeting. The Council indicated they would like the ad to reflect past accomplishments of the City such as the new library and community center rather than personal Council items. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain CONSIDERATION OF CITY COUNCIL POLICY ON REIMBURSEMENT FOR ATTEN- DANCE AT DINNER MEETINGS: Hearing no objections, Mayor MacLain continued this item to the August 23 meeting. 11. City Council Minutes August 10, 1976 CONSIDERATION OF AN ANALYSIS OF CITY AND COUNTY POLICIES RELATING TO THE UNINCORPORATED AREAS ADJACENT TO THE CITY OF CYPRESS: The City Manager presented a report regarding the Mayor's request that the staff undertake a study of City policy relating to provision of services to county unincorporated areas adjacent to the City. The report would analyze County policy relating to enforcement of their codes in the unincorporated areas. Hearing no objections, the Mayor authorized the City Manager to implement a study of the City and County policies in refer- ence to services provided in the County unincorporated areas adjacent to the City of Cypress, to be returned to the Council for review within 90 days. 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 ~42698 through ~42885 in the total amount of $301,454.10. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain SECOND READING OF ORDINANCE RELATING TO THE ACQUISITION OF SUPPLIES AND EQUIPMENT: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 21A-8 AND 21A-12 AND ADDING SECTION 21A-15 TO THE CODE OF THE CITY OF CYPRESS RELATING TO THE ACQUISITION OF SUPPLIES AND EQUIPMENT. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt Ordinance No. 576. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain ~ONTINUATION OF CONSIDERATION OF SIX MONTH REVIEW OF COMMUNITY CENTER USE POLICY: The City Manager transmitted reports dated August 4 and July 21 which transmitted an amended use policy for the Cypress Community Center. It was moved by Councilman Lacayo and seconded by Councilman Hudson that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, ratify the Recreation and Park Commission's recommendation establishing the recommended fees as policy and making the new fees and reservation time effective September 1. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain None Sonju 12. city Council Minutes August 10~ 1976 CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMERCIAL 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 #511 through #518 and #5674 through ~5726 in the total amount of $926,755.37. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain None Sonju EXECUTIVE SESSION: The Mayor called an Executive Session for matters of litigation at 10:45 p.m. The meeting was called back to order at 10:50 p.m. with Councilwoman Sonju absent. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 10:50 p.m. ATTEST: JAYOR OF THE' CITY OF CYPRESS CITY ~L~R~ O~ THE 'CITY OF CYPRESS 13.