Loading...
Minutes 76-09-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 13, 1976 The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, September 13, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: Councilmen Harvey, Hudson and MacLain ABSENT: Councilmen Lacayo and Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Davenport, Duke, Dalesandro, Hawley and Powell. PLEDGE OF ALLEGIANCE: Mr. Frank Dalesandro led the pledge to the flag. STAFF REPORTS & DISCUSSIONS: The City Manager stated he had no further reports or items to add to the agenda. No Council members wished to add items. CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF LADIES LOUNGE AT THE POLICE DEPARTMENT, CITY OF CYPRESS PROJECT #7616-90: The City Manager presented a report from the Public works Director dated September 7 which indicated only one bid was submitted which was 76.6% over the Engineer's Estimate. Staff recommended that bids be rejected and the project read- vertised. It was moved by Councilman Hudson and seconded by Councilman Harvey to deny the bid of Bevan Construction, 185 Quincy #405, Long Beach, California in the amount of $8,099.00 and authorize the City Clerk to readvertise for bids for Project ~7616-90. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo & Sonju & MacLain CONSENT CALENDAR: The Mayor 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. It was moved by Councilman Harvey, Hudson and unanimously carried to on the Consent Calendar. seconded by Councilman approve Items ~3 through #16 Item 93: Consideration of Resolutions Requesting Property Tax Relief. Recommendation: That the City Council authorize the City Manager to prepare a communication for the Mayor's signature to the Governor and to the Orange County Legislators urging a high priority for tax reform legislation. Item #4: Consideration of a Resolution from the City of Orange Supporting the Orange County Youth Expo. Recommendation: Receive and file. City Council Minutes September 13, 1976 Item #5: Consideration of a Resolution from the City of Buena Park Urging Legislation to Allow for Taxpayers to Allocate a Portion of their Federal Income Tax to Support the Olympic Games. Recommendation: Receive and file. Item ~6: Consideration of a Resolution Submitted by the Cypress Bicentennial Committee Requesting the Continuation of the Cypress Family Day Picnic. Recommendation: That the City Council support the continuation of the Cypress Family Day Picnic as recommended by the Bicen- tennial Committee and request the Committee to forward names of persons who would be interested in serving on the planning committee. Item #7: Consideration of a Claim Submitted by Leonard Young. Recommendation: That the City Council officially deny the claim of Leonard Young and request the City Manager to refer this claim to the City's Claim Adjustor, Carl Warren & Company, for appropriate disposition. Item ~8: Consideration of a Request from the United Nations Association of the United States of America to Proclaim October 24, 1976 as "united Nations Day." Recommendation: That the Mayor and City Council proclaim October 24, 1976 as "United Nations Day" in the City of Cypress. Item #9: Consideration of a Request from of Fish and Game to Proclaim September 25, and Fishing Day." the State Department 1976 as "Hunting Recommendation: That the Mayor and City Council proclaim September 25, 1976 as "Hunting and Fishing Day" in the City of Cypress. item #10: Consideration of a Communication from the Consti- tution Week Observance Committee to Proclaim the Week of September 17-23, 1976 as "Constitution Week." Recommendation: September 17-23, Cypress. That the Mayor and City Council proclaim 1976 as "Constitution Week" in the City of Item #11: No. 8888. Consideration of Acceptance of Final Tract Map Recommendation: That the City Council approve Final Tract Map No. 8888 and accept the bonds and agreements for public improvements in the amount of $8,500.00 for public improvements which is not less than 50% nor more than 100% of the total improvements and authorize the Mayor and City Clerk to sign the agreements and authorize the City Clerk to sign the Record Map subject to approval of bonds and agreements by the City Attorney. Item %12: Consideration of an Alcoholic Beverage License Application Requested by Lincoln Market, 5177 Lincoln, Cypress. Recommendation: Receive and file. Item #13: Consideration of an Alcoholic Beverage License Application (Stock Transfer), Requested by Orion-Western Cor- poration, D.B.A. Straw Hat Pizza Palace, 4009 Ball Road, Cypress. Recommendation: Receive and file. City Council Minutes September 13, 1976 Item #14: Consideration of a Request to Waive Admissions Tax for the Orange County Greek Festival. Recommendation: That the City Council authorize the waiver of the admissions tax for the Greek Festival scheduled for September 11-12, 1976 at the Los Alamitos Race Track sponsored by the St. John the Baptist Greek Orthodox Church of Anaheim, California, upon receipt of the State Franchise's Certificate of Nonprofit Exemption. Item #15: Consideration of Report on the Financial Status of the City. Recommendation: That the City Council authorize the staff to prepare a preliminary financial report to be submitted as a working copy during the month of October with the final report to be reviewed by the City Council at a special meeting on January 17, 1977. Item #16: Consideration of Employment List - Maintenance ~orker II. Recommendation: That the City Council certify the employment list for the position of Maintenance Worker II as submitted. CONTINUATION OF CONSIDERATION OF AN EXEMPTION FROM PUBLIC IMPROVEMENT REQUIREMENTS - ACACIA DRIVE: The City Manager presented a report dated September 10 from the Planning Director. Hearing no objections, the Mayor continued this item to the December 13 meeting. CONTINUATION OF CONSIDERATION OF SENATE BILL 100 (MILLS): The city Manager presented a report dated September 7 which indicated Council action is unnecessary since the bill is no longer before the State Legislature. Hearing no objections, the Mayor ordered the report received and filed. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Harvey and seconded by Councilman Hudson to approve the Commercial Warrant List for Warrants ~42987 through #43154 in the total amount of $290,805.08. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo & Sonju & MacLain SECOND READING OF ORDINANCE PROVIDING FOR AND ESTABLISHING R__EQUIREMENTS FOR THE SUBDIVISION OF LANDS WITHIN THE CITY OF CYPRESS: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 582 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS REPEALING CHAPTER 25 OF THE CYPRESS CITY CODE AND ADOPTING A NEW ORDINANCE PROVIDING FOR AND ESTABLISHING REQUIREMENTS FOR THE SUB- DIVISION OF LANDS WITHIN THE CITY OF CYPRESS. It was moved by Councilman Harvey and seconded by Councilman Hudson to adopt Ordinance No. 582. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson & MacLain NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo & Sonju City Council Minutes September 13, 1976 CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LISTS: It was moved by Councilman Harvey and seconded by Councilman Hudson to approve the Recreation and Park District Commercial Warrant List for Warrants ~523 through #530 and #5766 through #5831 in the total amount of $1,039,962.33. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo Hudson & MacLain & Sonju PRESENTATION TO THE CITY BY THE CYPRESS GIRLS' SOFTBALL CHAM- PIONSHIP TEAMS: Team Managers Virginia Marckese, Harlean Byers and Bennia Sholes presented three trophies to Mayor MacLain won by the Girls' Softball League in the Southern California Municipal Athletic Federation Tournament. Four of the five Cypress divisions won first place and the other placed second. Other team managers were Yvonne McNamera and Ann Nieto. MINUTES: It was moved by Councilman Hudson, seconded by Councilman Harvey and unanimously carried to approve the August 19 minutes and the August 23 minutes as corrected. CONSIDERATION OF ADOPTION OF A CONFLICT OF INTEREST CODE: The City Manager presented a report dated September 10 together with a letter from the City Attorney transmitting a copy of the proposed Conflict of Interest Code which would apply to the City Council and to certain City commissions. The City Manager advised that this matter was advertised as a public hearing to allow for public testimony. Mayor MacLain opened the hearing and asked if anyone in the audience wished to speak on this matter. Mr. Hilliard Warren, 5275 Vista Real, Cypress, asked why the Traffic Commission was not included in the proposed Code. The City Attorney advised that the Traffic Commission's exclusion from the Code was not intentional. It was pointed out that this Commission's membership includes several staff members who serve on an ex-officio basis and that they would be covered by the proposed Conflict of Interest Code for employees. It was also pointed out that the Commission's activities are merely advisory in nature. The City Attorney stated it was up to the Council's discretion whether to include the Traffic Commission and he admitted that there may be instances where the citizen members' interests could be impacted by one of their recommendations as a commissioner. Mayor MacLain asked if there were any further speakers. There was no one else from the audience wishing to speak. Councilman Hudson indicated he would not want to discourage persons from participating on commissions by imposing the disclosure requirement. He felt more potential conflicts would be presented to the Industrial/Commercial Development Commission but that the City Attorney's letter of September 9, 1976 gave sufficient justification for excluding this commission. He expressed concern over the role of Industrial/ Commercial Development Commissioners who are involved with issues of community-wide concern and who, as residents of Cypress, may have personal views on such issues. He recommended that the commissioners be made aware of the intent of the law and the Council's decision to exclude them from the Conflict of Interest Code. City Council Minutes September 13, 1976 The Council requested that in staff's transmittal of the Code to the Fair Political Practices Commission they expand on the role of the Industrial/Commercial Development Commis- sion and stat~ that it is in the City's best interests that this commission be excluded from the Code. It was moved by Councilman Hudson and seconded by Mayor MacLain to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL, THE ARTS AND CULTURAL COMMISSION, THE PLANNING COMMISSION, THE RECREATION AND PARK COMMISSIONt AND CERTAIN MEMBERS OF THE TRAFFIC COMMISSION PURSUANT TO THE POLITICAL REFORM ACT OF 1974. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo & Sonju & MacLain CONTINUATION OF CONSIDERATION OF GENERAL PLAN AMENDMENTS: The City Manager presented a report from the Planning Director dated September 8 which transmitted an ordinance establishing a new procedure for General Plan amendments. Under the ordinance, amendments could be initiated by any member of the City Council, Planning Commission or by the owner of property. The Planning Director stated the staff is preparing the application form outlining the necessary documentation for the amendment. 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 ADDING SECTION 19.3 TO THE ZONING ORDINANCE OF THE CITY OF CYPRESS RELATING TO AMENDMENTS TO THE CITY'S GENERAL PLAN. It was moved by Councilman Harvey and seconded by Councilman Hudson to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Lacayo & Sonju & MacLain Councilman Hudson announced that th~ Santa Ana River Flood Protection Project was accepted into the Federal Omnibus Bill which will give the project a good chance of proceeding. He acknowledged Councilman Harvey's work on the project over the past two years and felt his efforts as well as Mayor MacLain's trip to Washington to represent the City of Cypress contri- buted to the success of the project. EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 7:25 p.m. for personnel and litigation matters. COUNCILMAN LACAYO ARRIVED AT 7:25 P.M. The meeting was called back to woman Sonju absent. 5. order at 7:55 p.m. with Council- City Council Minutes September 13, 1976 SECOND READING OF ORDINANCE RELATING TO SEWERS AND SEWAGE 439 DISPOSAL: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 581 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 Councilman Harvey to adopt Ordinance No. 581. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: 1 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson & MacLain Lacayo Sonju It was moved by Councilman Harvey and seconded by Councilman Hudson to direct the City Attorney to prepare an amendment to the Ordinance excluding churches, schools and other public agencies from terms of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & Mayor MacLain introduced Mr. and Mrs. Ray Wasnick, former Cypress residents, who had just returned from Lebanon. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-3 - LINCOLN AVENUE STUDY: The Planning Director presented a report dated September 8 and summarized the results of staff's survey of billboards in the City relating to the costs of the billboards, the cost for removal, and the total number of billboards which would be affected by the ordinance proposed by the Lincoln Avenue Action Committee. In regard to the matter of painted-on signs, the Committee recommended that they not be permitted because of the lack of control over the quality of such signing which does not require a permit. Staff recommended two conditions if painted-on signing is to be permitted. Councilman Hudson stated that after re-reading staff's report regarding billboards he felt his position at the previous hearing was incorrect and he supported the ordinance as proposed. He recommended that painted-on signs be allowed and felt this would provide more flexibility in signing without a loss of control . Mayor MacLain asked if anyone wished to speak in support or opposition to Zoning Ordinance Amendment #76-3. No one wished to speak in favor or opposition. Councilman Harvey moved to close the public hearing, order the Ordinance read by title only, and approve the first reading of the Ordinance. The motion died for lack of a second. It was moved by Councilman Hudson and seconded by Councilman Lacayo to close the public hearing, order the following Ordinance read by title only, and to approve the first reading of the Ordinance, and include provisions for painted-on signs subject to the following two conditions: (1) The signs painted on the 6 o City Council Minutes September 13, 1976 sides of buildings should not cover more than ten percent of the area of the side of the building on which the sign is to be located; (2) All painted-on signs shall be subject to the review and approval of the Planning Commission in accordance with the design review section of the Zoning Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF SAID CITY AND SPECIFICALLY SECTIONS 8, 15.1, 15.3 AND 16.8D THEREOF, RELATING TO THE CONSTRUCTION, MAINTENANCE AND AMORTIZATION OF SIGNS. Councilman Harvey stated that the Lincoln Avenue Action Com- mittee was concerned about painted-on signs and a majority of them felt painted-on signs were one of the most obvious blights on Lincoln and immediate improvement of the street would result with their removal. He objected to the nature and abuses of painted-on signs and felt the ordinance as proposed would not provide the safeguards to improve the appearance of Lincoln. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, Lacayo NOES: 1 COUNCILMEN: Harvey ABSENT: 1 COUNCILMEN: Sonju & MacLain CONTINUATION OF PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT NO. 76-12: Mayor MacLain reopened the which was continued from August 23 and asked report. public hearing for the staff's The City Manager presented a report dated September 8. The Planning Director presented a report dated August 18 which indicated the Planning Commission on July 1, 1976, denied Conditional Use Permit #76-12 for the establishment of a lay-up ranch for quarter horses and thoroughbreds at 8681 Acacia Drive. He transmitted Staff Report PC#76-26 dated June 25 describing the application. The Planning Director presented slides of the subject property, neighborhood and surrounding land uses. He read the Zoning Ordinance provi- sions relating to the RS-15000 Zone which indicate that horses and other farm-type animals are permitted in this zone subject to certain conditions. Mayor MacLain asked if the applicant wished to speak. Mr. Larry Wuebker, 8661 Acacia Drive, Cypress, presented slides of his property and reported the C.U.P. application was for 20 horses, rather than 50 horses as originally requested, since he could only accomodate 20 horses on the property. The applicant made a lengthy presentation des- cribing the lay-up ranch operation and facilities on the property. He stated a lay-up ranch is a rest home for horses and is not a stable or riding academy. The applicant responded to concerns which were expressed at the Planning Commission hearing regarding the amount of traffic, water supply, refuse disposal, hot wire fencing, fire protection and fly control. Mayor MacLain asked if anyone else wished to speak in favor. There was no one wishing to speak in favor. She asked for those in opposition. The Planning Director read two letters from property owners at 8602 and 8542 Acacia Drive in opposition to the C.U.P. application. City Council Minutes September 13, 1976 The following persons spoke in opposition and objected to the problems which would result from a commercial operation and felt the use would be incompatible with the rural charac- ter of Acacia Drive and single-family neighborhood: Mr. G. W. Sinclair, 8602 Acacia Drive Mr. Everett Weerheim, 8541 Acacia Drive Mrs. Judy Daniels, 8542 Acacia Drive Mr. Bill Wattel, 4322 Crescent Street Mrs. Mary van den Raadt, 8644 Acacia Drive COUNCILWOMAN SONJU ARRIVED AT 9:05 P.M. Mr. Wuebker made comments in rebuttal to the speakers. He felt the conditional use permit should be approved since the use is permitted in the zone and would be compatible and because he agrees to abide by all conditions recommended by the staff. He stated the use will be buffered on one side by another parcel he owns and by lots owned by Forest Lawn on the other side. He reported commercial uses exist on the street with the stable and pre-school and there are also several non-conforming uses. He asked that the C.U.P. be granted for a period of one year which will give the Council the opportunity to review the use at the end of the year to determine its acceptability and his compliance with conditions. The Council held discussion with the Planning Director re- garding other uses on Acacia and was advised that the boarding stable is a nonconforming use. The Planning Director reported the Zoning Ordinance contains provisions for the amortization of non-conforming uses which the City has not strongly enforced. The Planning Director stated there are a variety of such uses on Acacia Drive. Councilman Harvey felt that strict controls over the operation would be provided by the conditions of approval and he asked the Planning Director to read some of the more important ones. Councilman Harvey felt that with such safeguards the proposed use could be more acceptable than several of the existing operations on the street. Mayor MacLain felt the commercial nature of the pre-school was different than the lay-up ranch and stated one of the major reasons the Council supported RS-15000 zoning for Acacia Drive was to preserve its rural atmosphere. She stated she could not support the proposed commercial use and felt it was not the Council's intent to propagate commer- cial activity on the street. councilman Hudson read from the City Council minutes of March 22, 1976 at which time the Council approved the rezoning along Acacia Drive from the RM-20/A multiple-family residential zone to the RS-15000 Zone and pointed out that at that time the Council expressed its desire to place a limitation on the number of animals permitted in the RS-15000 Zone and to maintain the rural atmosphere of the street. He stated his intent in supporting RS-15000 zoning was to permit the keeping of animals for private use, not to allow commercial activity on the property. Mayor MacLain announced that Councilwoman Sonju would not participate in voting on this matter since she was absent during the first part of the hearing. City Council Minutes September l~, Councilman Harvey felt the proposed use should be considered in view of the fact that there are other commercial and non- conforming uses on the street. He felt stringent controls over the use through a conditional use permit could be prefer- able to having no controls over non-conforming uses. He felt the applicant would adhere to the conditions because of the financial investment. Councilman Lacayo stated he could not support a commercial or retail enterprise of this nature in the RS-15000 Zone since it would be inconsistent with his intent in voting for RS-15000 zoning. He supported a commercial operation only for private use and stated allowing more conditional use permits would change the appearance of the street. He felt the Council should deny this request or reevaluate the purpose of the RS-15000 Zone. It was moved by Mayor MacLain and seconded by Councilman Hudson to close the public hearing, deny the appeal and sustain the Planning Commission's action denying Conditional Use Permit #76-12. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju Lacayo & MacLain RECESS: Mayor MacLain called a recess at 9:55 p.m. The meeting was called back to order at 10:15 p.m. with all Councilmen present. PUBLIC HEARING RE: ADOPTION BY REFERENCE TITLE IV, DIVISION 1 OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE, RELATING TO ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS: Mayor MacLain opened the public hearing and asked for the staff's report. The City Manager presented a report dated September 8 indi- cating the Affidavits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no communications were received regarding this matter. Transmitted was a proposed ordinance adopting by reference certain provi- sions of the codified ordinances of the County of Orange pertaining to animal control, animal facilities and licensing. Mayor MacLain asked if anyone wished to speak in favor or in opposition to adoption of the ordinance. No one wished to speak in support or opposition. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to close the public hearing, order the following Ordinance read by title only, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 3 OF THE CYPRESS CITY CODE AND ADOPTING BY REFERENCE CERTAIN PROVISIONS OF THE CODIFIED ORDINANCES OF THE COUNTY OF ORANGE PERTAINING TO ANIMAL CONTROL, ANIMAL FACILITIES AND LICENSING. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey~ Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju City Council Minutes September 13, 1976 PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT,_ ROBERT C. HAMMOND, 8653 SANTA MARGARITA, LA PALMA: Mayor MacLain opened the public hearing and asked for the staff's report. The City Manager presented a report dated September 7 indi- cating the Affidavits of Publication and Posting of the Public Hearing Notice are on file in the City Clerk's office and no communications regarding the application were received. The application for a special permit is to allow door-to-door solicitation on Saturdays and Sundays for the painting of home address numbers on the curb. Mayor MacLain inquired if the applicant was present. The applicant was not in the audience. It was moved by Councilman Lacayo and seconded by Councilman Hudson to continue the public hearing regarding the application for a special permit by Mr. Robert C. Hammond to September 27. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-3A: Mayor MacLain opened the public hearing and asked for the staff's report. The Planning Director presented a report dated September 7 and Staff Report PC#76-29 dated August 13 describing the application for General Plan Amendment #76-3A which was ini- tiated by the City Council on June 14, 1976 in conjunction with their approval of Zone Change #76-3 which reclassifies the subject property from the CG 10,000 Zone to the RM-20/A Multiple Family Residential Zone. The property is located on the north side of Orange Avenue easterly of Valley View Street. Mayor MacLain asked if anyone wished to speak in favor or in opposition to Amendment #76-3A. There was no one wishing to speak in support or opposition. It was moved by Councilman Lacayo and seconded by Councilman Hudson to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 76-3A. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain None None PUBLIC HEARING RE: ZONE CHANGE NO. 76-6: Mayor MacLain opened the public hearing and asked for the staff's report. The Planning Director presented a report dated September 7 and Staff Report PC#76-31 dated August 13 describing the proposed zone change for property located at the southwesterly corner of Walker Street and Bishop Street, the site of the 10. City Council Minutes September 13, 1976 former Cypress Post Office. The building was recently con- verted to a retail clothing store. He reported that the Local Agency Formation Commission on September 8 approved the annexation of the property from County unincorporated territory to the City of Cypress. Mayor MacLain asked if anyone wished to speak in favor of Zone Change #76-6. Mr. Allen DeKovner, the property owner, stated the zone change and felt the business would be the City. they requested of benefit to Mrs. Mary van den Raadt, 8644 Acacia Drive, Cypress, stated she was glad to see this commercial enterprise in Cypress and reported that the business owners praised the City's police patrol. Mayor MacLain asked if anyone wished to speak in opposition. MS. Bertha Rosen, real estate agent at 9081 Walker, Cypress, expressed her objections to the lack of adequate parking for a retail facility and fact that customers were parking on her property which is adjacent to the south. She reported the County permit issued to the business forbade a retail operation because of the inadequate parking facilities and that the County requested the business to close because of their viola- tion of the permit. Ms. Rosen also objected to her fence being knocked down by the business. Mr. DeKovner and Ms. Rosen discussed the parking situation. Mr. DeKovner stated they experienced no problem except at certain times, for instance, at the start of the school year, and he stated they would not object to a 15 or 20 minute parking restriction adjacent to the store. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to close the public hearing, order the following Ordinance read by title only, title as follows, approve the first reading of the Ordinance, and refer the matter regarding the parking situation at 9071 Walker Street to the Traffic Commis- sion for their study and recommendation: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ZONING ORDINANCE NO. 559 BY APPROVING PRE-ANNEXATION ZONE CHANGE NO. 76-6. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONTINUATION OF CONSIDERATION OF CITY COUNCIL POLICY ON RE IM- BURSEMENT FOR ATTENDANCE AT DINNER MEETINGS: The City Manager presented a report dated September 7. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to continue this item to September 27. CONSIDERATION OF APPOINTMENT OF A VOTING DELEGATE AND DESIG- NATED ALTERNATE FOR THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE: The City Manager presented a report dated September 7. 11. City Council Minutes September 13, 1976 It was moved by Councilman Hudson to appoint Mayor MacLain as the voting delegate and Councilman Lacayo as the alternate. Councilman Lacayo seconded the motion but declined the nomin- ation. He nominated Councilman Hudson as alternate. Council- man Hudson also declined since he would not be in attendance at the entire conference. The motion to appoint Mayor MacLain as voting delegate unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF TEST AREA FOR "NO PARKING" ON STREET SWEEPING DAYS: The City Manager presented a report from the Public works Director dated September 2 describing the program to designate a test area for the prohibition of on-street parking on street sweeping days. Staff recommended that three areas in the City be tested in order to get a realistic idea of the different types of parking problems. Staff felt one area would not be representative of the entire City. Councilwoman Sonju felt one test area would be sufficient and stated her original recommendation was that only tract entrance streets be posted with "No Parking" signs. Council- woman Sonju requested another staff report on a program for a smaller test area. Mayor MacLain suggested that the test area could be that area from which most street sweeping com- plaints are received. The Council agreed to continue this item to the September 27 meeting and request a report from staff with a recommendation for one test area and a report from the City Attorney regarding the legality of posting no parking signs at tract entrance streets. Councilman Harvey requested that the staff send a letter to Mrs. Zeckmeister in response to her letter advising her of the construction on Orange Avenue and plans for the test area. CONSIDERATION OF FEDERAL AID URBAN PROGRAM REQUESTS: The City Manager transmitted a report from the Public Works Director dated August 30 describing four street improvement projects recommended to be submitted for 1976 Federal Highway Act funding. Staff indicated the resolutions listed the projects in order of priority. It was moved by Lacayo to adopt as follows: Councilwoman Sonju and seconded by the following Resolutions by title Councilman only, titles RESOLUTION NO. 1764 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF VALLEY VIEW STREET, CERRITOS AVENUE TO STANTON STORM CHANNEL AND KATELLA AVENUE 340 FEET EAST TO 630 FEET WEST OF VALLEY VIEW STREET. 12. City Council Minutes September 13, 1976 RESOLUTION NO. 1765 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF KATELLA AVENUE, KNOTT STREET TO WALKER STREET EXCEPTING THAT PORTION 340 FEET EAST TO 650 FEET WEST OF VALLEY VIEW STREET. RESOLUTION NO. 1766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF KNOTT STREET, STANTON CHANNEL TO 450 FEET NORTH OF KATELLA AVENUE. RESOLUTION NO. 1767 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF HOLDER STREET, STANTON CHANNEL TO 240 FEET NORTH OF RANCHO LOS COYOTES BOUNDARY LINE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF ACCEPTANCE OF THE DONATION OF A MULTI-PURPOSE VEHICLE BY THE CYPRESS KIWANIS CLUB: The City Manager presented a report dated September 10 indicating the Cypress Kiwanis Club wished to donate a new multi-purpose vehicle, similar to a motor- home, to the Police Department for use in crime reduction programs. It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the acceptance of the donation of the multi- purpose vehicle as outIined in the staff report from the Cypress Kiwanis Club and authorize the City Manager to express the City's appreciation to the Kiwanis Club for this donation. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF ADOPTION OF BINGO ORDINANCE: The City Manager presented a report dated September 10 which transmitted a proposed ordinance to allow bingo games in the City pursuant to the adoption of Section 326.5 of the Penal Code. It was moved by Councilman Lacayo and seconded by Councilman Hudson to order the following Ordinance read by title only, title as follows, and approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING CHAPTER 15-C TO THE CYPRESS MUNICIPAL CODE, PURSUANT TO SECTION 19 OF ARTICLE IV OF THE STATE CONSTITUTION ALLOWING BINGO GAMES FOR THE BENEFIT OF CHARITABLE ORGANIZATIONS. 13. City Council Minutes September 13, 1976 The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju cONSIDERATION OF OSI COMPUTER SERVICE CHANGE - COMPENSATORY TIME OFF: The City Manager presented a report dated September 10 regarding staff's recommendation for a computer service change to handle the transaction of computing employees' accumulation of compensatory time off hours. It was moved by Councilman Lacayo and seconded by Councilman Hudson to authorize a budget transfer of $1050.00 from the fund balance of the General Fund to the General Operating Fund Account No. 10-4170-112-02 to cover the cost of imple- mentation of the computer service change. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONSIDERATION AND REVIEW OF DISTRICT-WIDE PLAYGROUND EQUIP- MENT AND DRINKING FOUNTAIN REPAIR NEEDS: The City Manager presented a report from the Recreation and Park Director dated August 31 which transmitted an inventory of Park District playground equipment in need of repair and the estimated costs for repair. Councilman Lacayo requested that staff prepare lining Park Bond items which have not yet been the expected date of receipt of the facilities a report out- received and or equipment. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to receive and file the report and request that it be transmitted to interested homeowners' groups within the City. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to continue the meeting until 11:45 p.m. EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 11:30 p.m. for matters of personnel and litigation. The meeting was called back to order at 11:50 p.m. with all Council- men present. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:50 p.m. to Wednesday, September 15 at 7:00 p.m. in the Administrative Conference Room. ATTEST: MAYOR OF THE/CITY OF CYPRESS ~IT'Y 'cLER~ O-F TH~ CITY OF CYPRESS 14.