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Minutes 76-12-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 13, 1976 The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, December 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 Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Chief Duke led the pledge to the flag. PRESENTATION OF PROCLAMATIONS TO CYPRESS BICENTENNIAL COMMITTEE MEMBERS: Mayor MacLain presented a proclamation commending and expressing appreciation to all officers and committee chairmen of the Bicentennial Committee. Mr. Bob Van Allen, treasurer, presented Mayor MacLain with a check for $1907 which was a re- payment of City funds budgeted to the Committee. PRESENTATION OF RESOLUTION OF COMMENDATION TO PACIFICA HIGH SCHOOL BAND: Mayor MacLain presented a resolution of commendation to representatives of the Pacifica High School Band which was selected to perform in the Rose Bowl Parade. COUNCILMAN LACAYO ARRIVED AT 6:45 P.M. Mrs. Mary van den Raadt and Mr. Bob Simmons presented the Council with leis from a recent trip to Hawaii. PRESENTATION BY ORANGE COUNTY HOUSING AUTHORITY: Mr~ Jack Gomez and Ms. Lisa Stipkovich of the Orange County Housing Authority made a slide presentation and explained the Section 8 Housing Assistance Program developed by HUD to aid low and moderate income families in obtaining housing. The Authority contracts with private property owners and provides rent subsi- dies to individuals who qualify. This is a new approach differing from the past trend of HUD building and managing large housing projects. Mr. Gomez reported the law requires that in order to operate within a city the Authority must obtain its permission, and there is no cost for the city's participation. He stated the city may assist by providing office space and taking applications but if this is unavailable the Authority has a mobile unit. Mr. Gomez responded to questions from the Council. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to refer this matter to the staff for their analysis and recommendation on the City's participation in the Orange County Housing Authority. With the Council's consent, the Mayor took Items #26 and #27 out of order. CONTINUATION OF CONSIDERATION OF HYATT DIE CAST & ENGINEERING CORPORATION: The Planning Director presented a report dated December 9 indicating that Hyatt Die Cast has employed an acous- tical engineer and has accepted their proposal to alleviate the noise problem caused by the recent roof construction. The report outlined the sound attenuation work which would be under- taken. City Council Minutes December 13, 1976 Mr. Lloyd of Hyatt Die Cast stated they are satisfied with staff's report and recommendations. It was moved by Councilman Lacayo, seconded by Councilman tiarvey and unanimously carried to: (1) accept the proposed approach for alleviating the noise problem at Hyatt Die Cast and Engineering Corporation in accordance with the work program outlined in staff's report; (2) require that the scope of work be completed and verification of the construction submitted to City staff for review and certification by February 1, 1977; and (3) continue this item to the February 14, 1977 Council meeting when staff will present a final report. CONSIDERATION OF CONTRACT RENEWAL WITH CYPRESS CHAMBER OF COMMERCE: The City Manager presented a report dated December 9 indicating the Chamber's budget request for 1977 was $19,000. The report indicated that $10,000 was appropriated in the 1976- 77 budget to complete existing contract commitments to December 31, 1976. Mayor MacLain reported she spoke with Mr. Howard Rowen, president of the Cypress Citizens' Association, this afternoon who stated the CCA opposes the City funding the Chamber based on several of the Chamber's past positions in opposition to industrial and commercial development. Mr. Rowen stated a letter would be forthcoming to the Council. Mr. Alex Bell, 9461 Grindlay Street, Chamber president, denied the charge and stated the Chamber's efforts have been directed towards encouraging commercial and industrial development as well as assisting existing businesses. He reported the Chamber held a meeting with the CCA to open up avenues of communication and to explain the Chamber's attitudes towards business and the Chamber extended an invitation to meet with the CCA and any other community organization at any time to discuss issues bene- ficial to the City. Mr. Bell felt it was necessary for the Chamber to be able to express their convictions and take a position on City-wide issues and stated the Chamber would continue to do so. In response to questions from the Council, Mr. Bell reported that the Chamber did not make any campaign contributions to support their position on Proposition L. Mrs. Daryle Ellwart, Chamber Manager, stated the Chamber included a statement urging members to research the ballot measure and to vote along with the regular newsletter mailing to the membership. It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve the Chamber's budget request for 1977 and transfer $9,500 to the Chamber of Commerce Program Account No. 4190 from the Community Promotion Program Account No. 4188. Mr. Joe Hardcastle, 4588 Blanca Drive, opposed City funding of the Chamber because he felt the Chamber consistently supported the rezoning of commercial property to residential and he felt the Chamber's position was in conflict with the majority views of Cypress residents. 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 RECESS: Mayor MacLain called a recess at 7:50 p.m. COUNCILWOMAN SONJU ARRIVED AT 8:00 P.M. The meeting was called back to order at 8:05 p.m. with all Councilmen present. City Council Minutes December 13, 1976 It was moved by Councilman Harvey and seconded by Councilman Lacayo to approve renewal of the contract between the City and Chamber of Commerce for the period January 1, 1977 through December 31, 1977. 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 The Council requested that staff prepare a report regarding the possibility of changing the contract period so that it coincides with the fiscal year rather than with the calendar PUBLIC HEARING RE: APPEAL OF CONDITIONAL USE PERMIT #76-17 JAMES BOYER: Mayor MacLain opened the public hearing and asked for staff's report. The Planning Director presented a report dated December 7 indicating that the Planning Commission approved C.U.P. #76-17 on November 4 for the construction of a four-unit apartment project at 5591 Karen Street in the RM-20/A Multiple-Family Residential Zone. Transmitted with the report was a copy o£ the original staff report, development plan, and the minutes of the Planning Commission regarding the application. The Planning Director reported that the proposed units will be two-bedroom and two-story, and minor encroachments into the rear yard setbacks are proposed because of the substandard size lot. Mayor MacLain asked if anyone wished to speak in support. Mr. James Boyer, 7481 La Palma, Buena Park, the applicant, stated he accepts all conditions of development and is ready to proceed with the project. He reported an older dwelling burned on the property and there has been a problem with weeds and cars parking on the lot. Mr. Paul Crane, 11742 Foster Road, Los Alamitos, reported he recently constructed apartments on Newman Street and is pro- posing to build two four-plexes on the lots adjacent to the subject property. He stated the units on Karen will be attractive and will improve the area. Councilman Hudson stated he appealed the permit because he received several calls from residents in the area who felt they did not have an opportunity to express their views at the Planning Commission hearing. Mr. Jerry Lackey, 7441 Puerto Rico, La Palma, stated he and Mr. Crane made an investment to develop the lot adjacent to the subject property and asked what was the alternative if they could not develop multiple-family housing for which the property is zoned. He felt the property is too small to accommodate single-family development. Mayor MacLain asked if anyone wished to speak in opposition. Mr. Greg Moriarty, 5542 Karen Street, stated he obtained the signatures of 12 property owners on Karen who opposed the permit because of the variances the applicant was requesting. They did not oppose the RM zoning. Mr. Moriarty stated he opposed the high density of the project, he felt the five foot side yard setback was inadequate, and he felt if the carports are used for storage it will result in an on-street parking problem. He stated there is insufficient maneuvering space on the property for trash trucks and their backing out of the property will be hazardous for pedestrians. City Council Minutes December 13, 1976 The Planning Director reported that the project meets code requirements for the number and size of parking stalls and provides the required maneuvering space on the property for vehicles. He admitted there will be a problem with the trash truck having to back out of the property, lte stated staff supported the yard encroachments because of the constraints of the lot size. Councilman Itudson asked if the project was subject to an open space requirement and if so how it was affected by the setback. Staff reported the ordinance requires that 40% of the total lot be open areas and the project is in conformance. Council- man Hudson asked if the Zoning Ordinance addresses the character of multiple-family development, specifically on the 50 foot wide lots which are common on Karen Street, and the impact of this restriction on the habitability of the area and future traffic patterns. The Planning Director stated such considerations should be taken into account when the zoning is established for the area and he was unaware of what factors were considered since zoning for this area was established some time ago. He reported that rezoning of this entire area to R1 was considered when the new Zoning Ordinance was under study. He stated a con- solidation of parcels was improbable under the RM zoning since there is no incentive. Mr. James LaDow, 5551 Citrus Court, felt the apartments were low-class in design and would eventually decline in appearance. He stated no laundry facilities or children's recreation area were proposed and the carport spaces were small. He felt the increased traffic from the apartments, along with the speeding problem on Karen, will be hazardous for children. He reported he obtained signatures of 23 residents who opposed the project and supported rezoning to single-family residential. Mrs. Bernadine Hubbard, 5632 Karen Street, reported she had 10 signatures of residents who opposed the permit and who supported rezoning of the area. She stated the area is well kept, many dwellings are being renovated, there is a trend towards upgrading the neighborhood and this project will reverse that trend. Mr. Joe Hardcastle, 4588 Blanca Drive, felt the City should stop adding more people to such small lots and stated the project will increase the number of school children and add to school taxes. He stated the five foot setback area will accumulate debris or be a storage area for the residents. He felt the permitted number of units should be determined by the acreage and not by the zoning limits. Mr. Ed Clark, Karen Street, objected to the density of the project, the danger of the trash truck backing out of the property, and stated the project will put a burden on the community well. Mr. Paul Crane, 11742 Foster Road, Los Alamitos, stated the units he proposes will be as attractive as existing develop- ment on Karen. He felt a turn around area for the trash truck was unnecessary and pointed out that he will construct street improvements adjacent to his property. He did not feel his units would appeal to persons with children because of their high cost and fact that no recreation areas are planned. He stated the project will benefit the City by increasing tax revenues to the City and property values. He stated the area was zoned multiple-family when the single-family residents moved in so they should have anticipated multiple-family development. City Council Minutes December 13, 1976 Councilman Hudson felt there could be a different solution to development which would result in a better yard and open space situation such as decreasing the number of units and remov±ng parking stalls. He felt the proposed side yard setback would be inadequate for landscaping and would increase the lack of privacy. It was moved by Lacayo to close Permit #76-17. Councilman Hudson and seconded by Councilman the public hearing and deny Conditional Use Councilwoman Sonju recommended that the Council study the impact of multiple-family zoning on future development of the area and determine if the area should be developed as zoned with the var- iances. She recommended that the Planning Commission study the appropriateness of the multiple-family zoning and felt the zoning should fit the requirements of the Zoning Ordinance. Councilman Lacayo stated the problem is the through street and having single- £amily next to multiple-family zoning. He recommended that the Traffic Commission study the feasibility of a cul-de-sac on Karen at the dividing point between the zones. Mayor MacLain agreed that a zoning study was needed and stated she felt the project could have been better planned. She suggested that the Planning Commission consider a particular set of standards for this type of lot, Mr. Lackey, 7441 Puerto Rico, La Palma, asked how denial of the project would affect his property. The Council advised him that his property would not be affected since it was not 50 feet in width and probably would not require the variances. Councilman Harvey suggested that the permit be denied without prejudice to allow the applicant to submit revised plans without having to reapply for another permit. It was moved by Councilman Hudson and seconded by Councilman Lacayo to amend the motion, close the hearing, and deny Condi- tional Use Permit #76-17 without prejudice by adopting the following Resolution by title only, title as follows: RESOLUTION NO. 1799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING CONDITIONAL USE PERMIT NO. 76-17 - MR. JAMES BOYER. 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 It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to refer the matter regarding a cul-de-sac on Karen Street to the Traffic Commission for analysis and recommendation and that the Planning Commission undertake a zoning study of the entire area to determine the appropriateness of multiple-family residential zoning. 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 RECESS: Mayor MacLain called a recess at 9:25 p.m. The meeting was called back to order at 9:35 p.m. with all Councilmen present. City Council Minutes December 13, 1976 PUBLIC HEARING RE: DETACHMENT #1-76 - CYPRESS RECREATION AND PARK DISTRICT: Mayor MacLain opened the public hearing and asked for the staff's report. The Planning Director presented a report dated December 7 regarding the proposed detachment of certain territory from the Recreation and Park District which was recently annexed to the City of Buena Park. The 2.86 acres, constituting six parcels, is located on the west side of Hoffman Street approx- imately 900 feet north of Lincoln Avenue and contains single- family with some multiple-family residences. Staff reported that removal from the Park District does not release the property owners from the Park Bond indebtedness. Mayor MacLain asked if anyone wished to speak in support or in opposition to Detachment #1-76. No one wished to speak. It was moved by Councilman Hudson and seconded by Councilwoman Sonju to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, APPROVING THE DETACHMENT KNOWN AS "DETACHMENT NO. 1-76" FROM THE CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES NOES ABSENT: S COUNCILMEN: Harvey, Hudson, & MacLain 0 COUNCILMEN: None 0 COUNCILMEN: None Lacayo, Sonju PUBLIC HEARING RE: DETACHMENT NO. 2-76 CYPRESS RECREATION AND PARK DISTRICT: Mayor MacLain opened the public hearing and asked for the staff's report. The Planning Director presented a report dated December 7 which recommended that the hearing be continued to the February 14, 1977 meeting since the proposed detachment must be approved by LAFCO prior to action by the City of Cypress. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to continue the public hearing regarding Detachment #2-76 - Cypress Recreation and Park District to February 14, 1977. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: O COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-4: Mayor MacLain opened the public hearing and asked for staff's report. The Planning Director presented a report dated December 7 regarding the proposed amendment which would provide for possible waivers of normal street improvements and/or rights- of-way dedications in conjunction with the issuance of building permits for designated "Rural Streets." The definition of "rural Street" was included in the recently adopted Subdivision Ordinance. Staff reported that in the event of a zone change 46 City Council Minutes December 13, 1976 which would declassify a rural street, the public improve- ments could be required under an assessment district. Mayor MacLain asked if anyone wished to speak in support of the amendment. The following persons spoke in support of the amendment: Mrs. Mary Van Den Raadt, 8644 Acacia Drive Mr. Gene Vaughn, 8582 Acacia Drive Mr. Harold Daniels, 8542 Acacia Drive Mayor MacLain asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to close the public hearing, read the following Ord- inance by title only, and approve the first reading of the Ordinance, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 13.3 OF ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ADDING SUBSECTION D RELATING TO WAIVER OF REQUIREMENTS FOR RURAL STREETS. The motion unanimously carried by the following roll AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, call vote: Sonju With the Council's consent the Mayor took Item #24 out of order. CONTINUATION OF CONSIDERATION OF EXEMPTION FROM PUBLIC IMPROVE- MENT REQUIREMENTS - ACACIA DRIVE: The City Manager presented a report from the Planning Director dated December 7 regarding a request by property owners for the City to release fees which were collected for the installation of future street improvements on Acacia Drive, south of Crescent Avenue. This matter was continued to allow the Council to consider the amendment to the Zoning Ordinance which would provide for waivers of required street improvements and/or dedications of street rights-of-way in conjunction with the issuance of building permits on rural streets. Staff recommended that Acacia Drive be designated as a rural street but that the bonds not be refunded until the ordinance becomes effective which authorizes the waiver of improvements on rural streets. It was moved by Councilman Hudson and seconded by Council- woman Sonju to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING ACACIA DRIVE SOUTHERLY OF CRESCENT AVENUE AS A RURAL STREET AND AUTH- ORIZING THE REFUND OF CERTAIN DEPOSITS SECURING IMPROVEMENTS RELATING THERETO. 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 December 13, 1976 MINUTES: It was moved by Councilman Lacayo, seconded by Coun- cilman ltudson and unanimously carried to approve the minutes of November 9, 16, 22, and 23, with Councilwoman Sonju abstaining on the minutes of November 22 and Councilman ltarvey abstaining on the minutes of November 23. At the City Manager's request, the Mayor added Item #18a to the Consent Calendar regarding an agreement with the California Highway Patrol for accident investigation training, and Item #18b regarding vacation of the alley east of Electric Street, north of Lincoln Avenue. The City Manager requested an execu- tive session for matters of personnel and litigation. Wi. th the consent of the Council the Mayor also added the following matters to the agenda: Item #32 regarding rubbish collection charges, Item #33 regarding noise abatement for emergency repairs, Item #34 regarding Grand Manon Drive traffic problems, Item #18c regarding attendance by Councilman Harvey at a Tag Reform Task Force meeting. CONSIDERATION OF AWARD OF CONTRACT FOR VARIOUS LAWNMOWER PARTS, REQUEST FOR QUOTATION #7677-48: The City Manager presented a report from the Finance Officer dated December 9 indicating that bids were requested from eight vendors and only one complete bid was submitted. It was moved by Councilman Hudson and seconded by Councilwoman Sonju that the City Council accept the bid from Downen's Garden Center, 11837 E. Carson, Hawaiian Gardens, California for various lawnmower parts and award them the contract in the amount of $3,869.23 plus sales tax. 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 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. It was moved by Councilwoman Sonju Lacayo to approve Items #5 through The motion unanimously carried by and seconded by Councilman #18c on the Consent Calendar. the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Item #5: Consideration of an Application for Person-to-Person Transfer of Type "20" Off-Sale Beer and Wine Alcoholic Beverage License Submitted by Sun Yong Hong and Sung Ja Hong~ Bell Market, 5511 Lincoln Avenue, Cypress. Recommendation: Receive and file. Item #6: Consideration of a Request to Proclaim the Period December 1-20, 1976 as the annual "Toys for Tots" Campaign. Recommendation: That the Mayor and City Council December 1 through 20, 1976 as the annual "Toys campaign in the City of Cypress. proclaim for Tots" City Council Minutes December 13, 1976 4a Item #7: Consideration of Resolutions of Commendation for Eagle Scouts. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT RICHARD MICHAEL HARVEY ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 1802 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT GERRY ALAN HOSKINS ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 1803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT HANS WALTER MROCH ON ACHIEVING THE RANK OF EAGLE SCOUT. RESOLUTION NO. 1804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT ALLEN WEST ON ACHIEVING THE RANK OF EAGLE SCOUT. Item #8: Consideration of a Request to Proclaim December 9-15, 1976 as "Bill of Rights" Week. Recommendation: That the Mayor and City Council proclaim December 9 through 15, 1976 as "Bill of Rights Week" in the City of Cypress. Item #9: Consideration of Request for Renewal of Lease on Stockton Property. Recommendation: That the City Council approve an extension of the lease agreement between the City and Mrs. Helen L. Stockton for an additional one-year period beginning February 14, 1977. Item #10: Consideration of Report on Sewer Trench Repaving of Denni, Orange and Moody Streets. Recommendation: Receive and file. Item #11: Consideration of Holding a Public Hearing on the Closure of Juanita Street. Recommendation: That the City Council set a public hearing on January 24, 1977 to consider the closure of Juanita Street and instruct the staff to mail notices of the public hearing to all residents in the area from Valley View to Holder between Orange and Ball except to those houses not directly affected. Item #12: Consideration of Acceptance of Parcel Map #76-6. Recommendation: That the City Council approve Final Parcel Map #76-6 and accept bonds for public improvements in the amount of $7,000 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 #13: Consideration of Employment List Secretary. Recommendation: That the City Council certify the employment list for the position of Secretary as submitted. City Council Minutes December 13, 1976 Item #14: Consideration of Resolutions Amending the Personnel Rules and Regulations for the City of Cypress and the Cypress Recreation and Park District Employees. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1805 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 1635, RULES AND REGULATIONS, CHAPTER 4, ADDING A PROVISION FOR TEMPORARY ASSIGNMENT AND APPOINTMENT FOR EMPLOYEES OF THE CITY OF CYPRESS. RESOLUTION NO. 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 52, RULES AND REGULA- TIONS, CHAPTER 4, ADDING A PROVISION FOR TEMP- ORARY ASSIGNMENT AND APPOINTMENT FOR EMPLOYEES OF THE RECREATION AND PARK DISTRICT. Item #15: Consideration of Resolution Declaring the Results of the Special Municipal Election Held on November 2, 1976. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN SAID CITY OF CYPRESS ON THE 2ND DAY OF NOVEM- BER, 1976, DECLARING THE RESULT THEREOF AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. In accordance with Section 6 of the above Resolution No. 1806, the following is a statement of the results of said election: (1) The whole number of votes cast in the City was 15,926; (2) The measure voted upon stated, to wit: Should General Plan Amendment No. 76-1, changing land use classification of certain property from industrial to a combination of classifications, including industrial, commercial and residential, be adopted? the (3) The number of votes given at each precinct for and against the measure was as follows: Orange County Votes Cast Precinct No. Yes No 10-318-1 61 123 10-319-1 124 192 10-320-1 168 247 10-321-1 108 184 10-322-1 163 224 10-323-1 174 221 10-324-1 115 151 10. City Council Minutes December 13, 1976 Orange County Precinct No. Yes Votes Cast No 10-325-1 129 124 10-326-1 92 165 10-327-1 86 176 10-328-1 100 157 10-329-1 105 137 10-331-1 109 192 10-332-1 153 125 10-333-1 198 233 10-334-1 168 198 10-336-1 114 183 10-337-1 124 249 10-361-1 64 238 10-362-1 50 81 10-363-1 118 165 10-364-1 179 205 10-365-1 189 212 10-366-1 136 358 10-367-1 125 179 10-368-1 167 239 10-369-1 225 262 10-370-1 145 194 10-371-1 76 210 10-372-1 99 195 10-374-1 79 70 10-376-1 141 238 10-377-1 83 96 10-378-1 274 74 10-378-2 228 60 10-379-1 108 229 10-381-1 179 180 10-381-2 158 168 10-382-1 167 279 10-384-1 155 249 10-386-1 138 188 10-388-1 140 104 10-389-1 211 221 10-391-1 167 175 10-392-1 140 174 10-393-1 120 177 Absentee Ballots 164 204 (4) The number of votes given in the City for and against the measure was as follows: For: 6516; Against: 8702. Item #16: Consideration of Third Orange County Burglary Index. Year Participation in the Recommendation: That the City Council approve the City of Cypress' participation in the third year of the Orange County Burglary Index program and authorize the Mayor to sign and the City Clerk to attest the subject agreement which involves an expenditure of $215.50 for the current fiscal year. Item #17: Consideration of Resolution Approving an Amendment to the Ground Lease and Consenting to the Sub-lease Thereof by the City o£ Cypress and the Boys' Club o£ Cypress £or Property Located at the Northwest Corner o£ Moody and Cerritos. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1807 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO A GROUND LEASE AND CONSENTING TO THE SUB-LEASE THEREOF. 11. City Council Minutes December 13, 1976 Item #18: Consideration of a Resolution of the City Council of the City of Carson Protesting the Selling of Names and Addresses by the Department of Motor Vehicles. Recommendation: That the City Council request the City Manager to transmit a letter to the appropriate State Legislators requesting the repeal of the sale of names and addresses by the Department of Motor Vehicles. Item #1Sa: Consideration of Agreement Between the City of Cypress and the California Highway Patrol for Accident Inves- tigation Training for Cypress Police Officers. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE TRAINING AGREEMENTS BETWEEN THE POLICE DEPARTMENT OF THE CITY OF CYPRESS AND THE STATE OF CALIFORNIA DEPARTMENT OF CALIFORNIA HIGHWAY PATROL. Item #18b: Consideration of Setting a Public Hearing Date to Consider the Vacation of the Alley Located East of Electric Street and North of Lincoln Avenue. Recommendation: That the City Council adopt the following Resolution by title only, title as follows, which sets a public hearing date of January 24, 1977: RESOLUTION NO. 1809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING ITS INTENTION TO ORDER THE VACATION OF THE FIRST ALLEY WEST OF WALKER STREET EXTENDING FROM LINCOLN AVENUE TO PHILO STREET. Item #18c: Consideration of Request for Authorization to Attend the League of California Cities Tax Reform Task Force Meeting. Recommendation: That the City Council authorize the attendance of Councilman Robert Harvey at the Tax Reform Task Force meeting to be held January 6, 1977 in San Francisco and that he be reimbursed for all actual and necessary expenses. CONTINUATION OF CONSIDERATION OF CITY COUNCIL POLICY ON REIM- BURSEMENT FOR ATTENDANCE AT DINNER MEETINGS: The City Manager transmitted a re~ort dated December 9. It was moved by Councilman Hudson, seconded by Councilwoman Sonju and unanimously carried to place this matter on the agenda for the next work session meeting. CONTINUATION OF CONSIDERATION OF STATUS REPORT ON THE WALKER STREET TRAFFIC SIGNAL PRE-EMPT DEVICE: The City Manager pre- sented a report dated December 9 indicating that the Board of Supervisors will consider this item at their December 14 meeting. Staff estimated construction on the project would begin in February, 1977. It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to receive and file the report. 12. City Council Minutes December 13, 1976 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the Commercial Warrant List for Warrants #43899 through #44035 in the total amount of $213,033.47. 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 CONTINUATION OF CONSIDERATION OF RESOLUTION PROVIDING FOR PAYMENT OF COMPENSATION TO MEMBERS OF THE ARTS & CULTURAl, COMMISSION: The City Manager presented a report dated December 9 which transmitted a resolution providing for payment of com- pensation to the Commission at a maximum of $10.00 per month. Staff reported that the payment cannot be retroactive. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as Follows: RESOLUTION NO. 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, PROVIDING FOR THE PAYMENT OF COMPENSATION TO MEMBERS OF THE ARTS AND CULTURAL COMMISSION OF THE CITY OF CYPRESS. 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 AGREEMENT BETWEEN THE ARTS AND CULTURAl. COMMISSION AND THE CYPRESS HIGH SCHOOL BAND BOOSTERS: The City Manager presented a report from the Recreation and Park Director dated December 8 outlining three alternative proposals for the Commission and Band Boosters to share ticket sales revenues from the 1977 Concert Series. It was moved by Councilwoman Sonju and seconded by Councilman Hudson that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, approve an agreement between the Cypress Arts and Cultural Commission and the Cypress High School Band Boosters Club whereby the Boosters Club would receive $ .50 per ticket sold for the 1977 Concert Series with ticket prices to be: $5.00 for season tickets, $2.00 per performance; and for senior citizens and students: $2.50 for season tickets and $1.00 per performance. 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 APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the Recreation and Park District Commercial Warrant List for Warrants #6054 through #6115 in the total amount of $50,743.67. Councilman Hudson asked for a clarification of the warrant for $325 to the Anaheim Union High School District and was advised by staff that the amount was the City's share for damages to the bleachers at the Lexington Jr. High School gym which is used for Recreation programs. 13. City Council Minutes December 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 It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried that in instances where the City/Recreation and Park District has joint powers agreements with the Anaheim Union High School District, the District be assessed for their share of damages to City facilities. In regard to Item #32, consideration of rubbish collection charges, Councilman Hudson reported he was contacted by resi- dents who claimed a duplicate billing was made. The staff explained that there was no duplication of billing and the main reason for the confusion related to the dates on the water bill since the trash collection charge did not cover the same period as the water billing. Mr. Ken Hulse, 5158 Cumberland Drive, further clarification of the billing him to the Finance Officer. Cypress, asked for a and the Council referred In regard to Item #33, consideration of noise abatement for emergency work, Councilman Hudson reported he received several calls from residents regarding emergency work undertaken by the Edison Company on three consecutive nights on Moody Street north of Orange. The Edison Company utilized an unmuffled portable generator which created a noise disturbance. Council- man Hudson felt the generator may have been unnecessary and that electric power could have been furnished by hook-ups to adja- cent properties. The staff indicated they were aware of the emergency work but not that it would be a 24-hour operation. The Council requested that staff contact the Edison Company requesting an explanation of the emergency work and whether other procedures and equipment could be utilized and that a report on this matter be presented at a Council meeting. In regard to Item #34, consideration of traffic problems on Grand Manan Drive, Councilwoman Sonju requested a staff report for the next meeting on the action taken by the Traffic Commis- sion regarding the problem. Councilman Harvey warned the Council of the controversial nature of the Juanita Street cul-de-sac and stated it will have extensive ramifications including an impact on the traffic flow patterns in the area. He felt there could be a lot of protest if the matter is not well publicized. ORAL COMMUNICATIONS: Mr. Joe Mardcastle, 4588 Blanca Drive, Cypress, complained that the unfinished paving in the areas of the sewer project caused damage to cars and he asked why the final coat of paving was not applied. The staff advised him that the Sanitation District was contacted regarding this matter and gave a commitment that final paving will be completed before January 15, 1977. Mayor MacLain read a proclamation commending City Manager Darrell Essex on breaking his smoking habit. It was moved by Councilwoman Sonju, seconded by Councilman Hudson and carried, with Councilman Lacayo abstaining, to approve the proclamation. City Council Minutes December 13, 1976 EXECUTIVE SESSION: Mayor MacLain called an Executive Session For matters of personnel and litigation at 11:00 p.m. The meeting was called back to order at 11:40 p.m. with all Council- men present. ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:40 p.m. ATTEST: CIT~ CLERK OF THE CITY OF CYPRESS 15.