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Minutes 77-01-17MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 17, 1977 The adjourned regular meeting of the Cypress City Council was called to order at 6:45 p.m. on Monday, January 17, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, Hudson, Sonju & MacLain Councilman Lacayo Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Essex led the pledge to the flag. MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman Sonju and carried, with Councilman Harvey abstaining, to approve the December 13, 1976 minutes. 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 Councilman Hudson and seconded by Mayor MacLain to approve Items #2 through #13 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo Hudson, Sonju & MacLain Item #2: Consideration of Petition Requesting Policing of Private Streets in Tract #8888. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING PROVISIONS OF THE VEHICLE CODE APPLICABLE TO PRIVATELY OWNED AND MAIN- TAINED ROADS WITHIN TRACT NO. 8888. Item #3: Consideration of Acceptance of Tract Map #9434. Recommendation: That the City Council approve Final Tract Map #9434 and accept bonds for public improvements in the amount of $83,600.00 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 #4: Consideration of Resolution Implementing the Deferred Compensation Plan for Employees. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: City Council Minutes January 17, 1977 RESOLUTION NO. 71 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. 59 RELATING TO A DEFERRED COMPENSATION PLAN FOR EMPLOYEES. RESOLUTION NO. 1811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 1696 RELATING TO A DEFERRED COMPENSATION PLAN FOR EMPLOYEES. Item #5: Consideration of a Resolution Commending the La Palma Police Department. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE LA PALMA POLICE DEPARTMENT FOR THEIR OUTSTANDING CONTRIBUTIONS AND ASSISTANCE IN LAW ENFORCEMENT TO THE CYPRESS POLICE DEPARTMENT. Item #6: Consideration of a Resolution Commending the Anaheim Police Department, Particularly the Tactical Approach Control Team. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE ANAHEIM POLICE DEPARTMENT AND IN PARTICULAR THE TACTICAL APPROACH CONTROL TEAM FOR THEIR OUTSTANDING SERVICE TO THE CYPRESS POLICE DEPARTMENT. Item #7: Consideration of a Resolution Supporting Continuation of the County-City Cooperative General Revenue Sharing Program. Recommendation: That the City Council authorize the City voting delegate to the Orange County Division of the League of California Cities to vote in support of the resolution requesting continuation of the County-City Cooperative General Revenue Sharing Program. Item #8: Consideration of an Application for Alcoholic Beverage License for Keum Tae Kim, 8842 Walker Street, Cypress. Recommendation: Receive and file. Item #9: Consideration of Participation in the Eleventh Annual Labor Relations Institute Sponsored by the League of California Cities. Recommendation: That the City Council authorize any member of the City Council who wishes to attend the League of California Cities Labor Relations Institute and to be reimbursed for actual and necessary expenses. City Council Minutes January 17, 1977 Item #10: Consideration of Request Special Permit for the Purple Heart Services, Inc. for an Exemption from a Veterans Rehabilitation Recommendation: That the City Council grant the request of the Purple Heart Veterans Rehabilitation Services, Inc. to solicit home salvage items on a determination in accordance with Section 15-57 A(1) (b) of the Cypress City Code, subject to the condition that all persons associated with the solicitation program regis- ter with the Cypress Police Department. Item #11: Consideration of Initiating Detachment Proceedings from the Cypress County Water District - Detachment #77-1. Recommendation: That the City Council adopt the following Resolution by title only, title as follows, pertaining to Annexation #76-2: RESOLUTION NO. 1814 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION OF ORANGE COUNTY FOR THE INITIATION OF PROCEEDINGS FOR THE DETACHMENT OF CERTAIN UNINHABITED TERRITORY FROM THE CYPRESS COUNTY WATER DISTRICT. Item #12: Consideration of Promotional Employment List - Police Sergeant. Recommendation: That the City Council certify the promotional employment list for the position of Police Sergeant as submitted. Item #13: Consideration of Request from the Cypress Chamber of Commerce to Proclaim January 1977 as Energy Conservation Month. Recommendation: That the Mayor and City Council proclaim January 1977 as Energy Conservation Month in the City of Cypress. CONSIDERATION OF A RESOLUTION FROM THE CITY OF ORANGE REQUESTING LEGISLATION TO CONTROL STRIKES IN THE AGRICULTURAL CROP PRO- CESSING INDUSTRY DURING HARVEST SEASON: The City Manager presented a report dated December 21, 1976. Mayor MacLain reported the League Orange County Division continued this matter to its March meeting. It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to continue this item. CONSIDERATION OF A REQUEST FOR FUNDING AND AN EXTENSION OF THE LEASE FOR STRAIGHT TALK CLINIC, INC.: The City Manager presented a report from the Planning Director dated December 20, 1976 which indicated the Clinic requested a City appropriation of $6,000 of which $3200 was requested in in-kind services to expand the parking lot. Staff recommended that the remainder of the funds be considered during the budget meetings. Mr. Bill Ehrle, 2211 E. Romneya, Anaheim, Director of Develop- ment for the Clinic, stated they are making great progress in their contributions to the community and serve about 1SO clients each month, half from Cypress. He stated they are now seeking in-kind contributions from the private sector and reported that they have sufficient parking space but paving is required. ';60 City Council Minutes January 17, 1977 It was moved by Councilman Hudson and seconded by Councilwoman Sonju that: (1) the current agreement between the City and Straight Talk for use of the original building be extended for a seven-month period to expire on July 30, 1977; (2) the City Council authorize staff to provide in-kind services which would provide for the expansion of the existing parking lot in an amount not to exceed $3,200.00; and (3) that a full cash disbursement be deferred at this time to be taken under consideration by the City Council at the time the City under- takes budgetary considerations for fiscal year 1977-78. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, Sonju & MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo CONSIDERATION OF TENTATIVE TRACT MAP NO. 9593: The Planning Director presented a report dated December 21, 1976 indicating the Planning Commission on December 16 approved the Tract Map filed in conjunction with Conditional Use Permit #76-19 providing for the conversion of a previously approved apartment project into a nine-unit condominium project located on the west side of Graham Street, south of Orange. He indicated the apartment project was constructed in conformance with the development standards for condominiums. COUNCILMAN LACAYO ARRIVED AT 7:00 P.M. The Planning Director reported that this is the first conver- sion request and that the project meets the structural require- ments for condominiums as well as the site plan, density, and open space requirements. He reported that the applicant indicated during the original application that he would seek the conversion in the future by applying for a revision to the C.U.P. The application for apartments was used as a means to expedite financing. The Planning Director reported staff is in the process of developing standards for apartment to condominium conversions. It was moved by Councilman Harvey and seconded by Mayor MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 9593 - MEB INVESTMENTS. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Hudson Lacayo, Sonju & MacLain Councilman Hudson expressed concern that while there may not have been any deceitful intent by the applicant with the con- version, the procedure used could indicate possible subversion by the applicant since he was proceeding with a project which he would later request to be converted to another use. He was disturbed that staff was aware of the intended conversion and that the Council became aware at such a late stage. He recommended that staff investigate a means whereby the Council will be notified of the situation and be aware of what devel- opment is occuring. Councilmen Sonju and Lacayo supported City Council Minutes January 17, 1977 a policy for conversions and Councilwoman Sonju felt the appli- cant should have reapplied. Councilman Harvey pointed out that it is not necessarily the developer, but the lender, who is responsible for such changes and felt the Council should be aware of the economics of the situation. He agreed standards should be developed for future cases. The City Attorney stated the City would not be liable if the Council denied the conversion and that the applicant was proceeding at his own risk. It was moved by Mayor MacLain, seconded by Councilman Hudson and unanimously carried to refer the matter regarding apart- ment to condominium conversions to the staff and Planning Commission in order to develop a policy statement and that the Commission hear the Council tapes pertaining to this item. CONSIDERATION OF EXPENDITURE FOR RIGHT-OF-WAY APPRAISAL: The City Manager presented a report from the Public Works Director dated December 17, 1976 requesting that an appraisal of the building at the southeast corner of Walker and Orange be under- taken so that an analysis of Orange Avenue improvements may be made. It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to schedule this as a discussion item at a joint meeting between the City Council and Planning and Traffic Commissions. CONSIDERATION OF TRAFFIC COMMISSION ACTION ON GRAND MANAN DRIVE - TRAFFIC COMPLAINT: The City Manager presented a report from the Public Works Director dated December 17, 1976 outlining the radar activities on Grand Manan Drive. Based on the radar studies, this was not found to be a high speeding area compared to other residential areas of the City. Councilwoman Sonju stated she continues to receive complaints regarding speeding and that this matter will probably come before the Council again. Hearing no objections, Mayor MacLain received and filed the report. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Warrant List for Warrants #44036 through #44263 in the total amount of $676,348.72. The motion unani- mously carried by the following roll call vote: AYES: S COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju SECOND READING OF ORDINANCE RELATING TO WAIVER OF REQUIREMENTS FOR RURAL STREETS: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 593 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. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt Ordinance No. 593. The motion unanimously City Council Minutes January 17, 1977 carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju The City Manager requested that Items #24 through #26 be con- tinued to the end of the agenda. CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the Warrant List for Warrants #6116 through #6159 in the total amount of $51,468.27. 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 RECESS: Mayor MacLain called a recess at 7:47 p.m. The meeting was called back to order at 8:00 p.m. with all Councilmen present. PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-4: Mayor MacLain announced that this was the time and place to conduct the public hearing regarding General Plan Amendment #76-4 and she opened the hearing and asked for the staff report. The Planning Director presented a report dated January 5 indi- cating the Planning Commission approved the amendment on Decem- ber 2, 1976 which provides for the reclassification of a parcel of land located at the southwesterly corner of Valley View and Orange Avenue from an all commercial designation to a classi- fication including single-family, medium density residential and commercial. Also transmitted was the draft EIR on which Council action is necessary. Councilman Hudson asked if the City had the means to require that one story dwellings abut the commercial development and that commercial precede residential development. The Planning Director reported that the applicant agreed to these conditions and that they could be made binding as requirements of condi- tional use permit approval. Staff recommended that the entire property remain in the Civic Center Overlay Zone which would require a conditional use permit for any use on the property commercial or residential. Mayor MacLain asked if anyone wished to speak in favor. Mr. Jerome Reynolds, 2507 Lighthouse Lane, Corona del Mar, the applicant, stated the applicant made a commitment at the Planning Commission hearing to take out concurrent building permits for both the residential and commercial portions and that they will not commence construction on the residential until they commence construction on the commercial. He stated they have not developed the residential plan yet but he felt there will be a mix of one and two story dwellings and this determination could be made at the time of the C.U.P. application. He indicated that if after deliberations with the Commission and Council it is deter- mined that it is in the City's best interest to build one story houses on the east side of the property then the applicant will agree to this. Mr. Reynolds stated the applicant tried to design an overall plan for total development of the property and that the commercial portion represents the maximum which they feel can be developed while meeting City requirements. 6 o City Council Minutes January 17, 1977 ~ 6~ The applicant felt there was insufficient tenant interest to develop six acres commercially and that there would be none in the forseeable future. He estimated that if the amendment is approved they could begin construction by May 1. The Council discussed the EIR and the City Attorney advised that the EIR meets legal requirements by assessing the impact of the proposed project on the environment. Its assessment of the impact of one portion of the project on another portion is not a legal requirement. Mayor MacLain asked if anyone wished to speak in opposition. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he opposes any rezoning of commercial property to residential and that he felt this is an ideal location for an American car dealership. He stated it has not been proven that commercial is not feasible on the entire property and stated residential development will not help the tax base. He felt this is an improper location for residential development since the lights and noise from the adjacent tennis courts will be a disturbance and because of the adjacent service station. At this time Mayor MacLain continued the public hearing and took Item #12 from the January 10 agenda out of order. CONSIDERATION OF TENTATIVE TRACT MAP NO. 9624: The Planning Director presented a report dated January 7 indicating the Planning Commission on December 16, 1976 approved Tentative Tract Map #9624 filed in conjunction with C.U.P. #76-18 which provides for the development of 8.8 acres located on the south side of Lincoln Avenue opposite Sumner Street. The proposed development includes 2.2 acres of commercial and 79 condominium units. He presented the plot plan for the project. It was moved by Councilman Harvey and seconded by Mayor MacLain to adopt the following Resolution by title only, title as follows, approving the tentative tract map subject to conditions recom- mended by the Planning Commission: RESOLUTION NO. 1816 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 9624. 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 resumed the public hearing regarding General Plan Amendment #76-4. Mayor MacLain asked if anyone in the audience wished to speak in regard to the environmental impact report. No one wished to speak. It was moved by Councilman Hudson and seconded by Mayor MacLain to approve the draft EIR as adequate. The City Attorney reported on a change in State law effective January 1, 1977 which requires that, where adverse impacts have been identified in an EIR, it must be found that the economic and social benefits of a project outweigh the adverse environmental impacts. o 6~City Council Minutes January 17, 1977 The motion on approval of the EIR unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Councilman Hudson felt it would be inappropriate to approve the finding that adverse impacts exist and then to later require mitigating measures. The City Attorney clarified that the finding refers to adverse environmental impacts identified in the EIR which cannot be mitigated through measures suggested in the EIR. The City Attorney suggested that if the Council wishes to approve the amendment, they move to approve the amendment and find that the economic and social benefits of the project out- weigh the adverse environmental impacts identified in the EIR which cannot be mitigated through measures suggested in the EIR. Councilman Hudson moved this motion and it was seconded by Mayor MacLain. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, Sonju NOES: 1 COUNCILMEN: Lacayo ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Harvey & MacLain There was confusion as to whether the motion was for approval of the EIR finding or approval of the amendment and it was moved by Councilman Hudson, seconded by Councilwoman Sonju and unanimously carried to reconsider the motion. It was moved by Councilman Hudson and seconded by Mayor MacLain to close the public hearing, approve General Plan Amendment No. 76-4, and find that the economic and social benefits of the proposed project outweigh the adverse environmental impacts identified in the EIR which cannot be mitigated through measures suggested in the EIR. Councilwoman Sonju asked for Council comments on the motion. Councilman Lacayo stated he voted against rezoning on two previous occasions and that he wished his action to be consis- tent. Mayor MacLain supported the proposed project with the requirement that commercial precede or be developed concurrently with residential and because the future residents will be aware beforehand of the commercial development. She felt the total property could not be developed commercially, that adjacent residents may not support commercial development as at the Ball/Valley View shopping center, and she noted there is existing commercial use in the immediate area. Councilwoman Sonju moved a substitute motion to continue the public hearing. The motion died for lack of a second. Councilman Hudson stated he was persuaded to support the amend- ment by the arguments in the EIR regarding on-going development on Lincoln Avenue and at Ball and Valley View and that a re- assessment of the subject property is appropriate. He stated he was impressed with the EIR's sensitivity to the noise and light aspects of the tennis courts and commercial portion but stated he would consider mitigating measures. He felt this was an appropriate development for the corner in view of the manner Lincoln Avenue is developing. o City Council Minutes January 17, 1977 Councilwoman Sonju again moved a substitute motion to continue the hearing and felt the previous motion did not show the applicant full support and confidence from the Council. She stated she wished to study the amendment further and felt a continuance would be better than rejection of the amendment. Councilman Hudson to January 24 and vote: seconded the motion to continue the hearing the motion carried by the following roll call AYES: 3 COUNCILMEN: Hudson, Sonju & MacLain NOES: 2 COUNCILMEN: Harvey & Lacayo ABSENT: 0 COUNCILMEN: None ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. MINUTES: It was moved by Councilwoman Sonju, Councilman Harvey and unanimously carried to December 27, 1976 minutes. seconded by approve the STAFF REPORTS & DISCUSSION: At the City Manager's request, the Mayor added Item #10a to the Consent Calendar regarding an Alcoholic Beverage Control license application for Tempo Foods, 6297 Ball Road. He also requested an executive session for litigation and personnel matters. At Councilwoman Sonju's request, the Mayor added Item #20 to the agenda regarding a letter from Supervisor Diedrich regarding police service in county unincorporated areas, and Item #21 regarding the budget calendar. Councilman Lacayo requested a progress report for the next meeting regarding the Cerritos/Almond traffic accident. CONSIDERATION OF AWARD OF CONTRACT FOR OFFICE SUPPLIES, REQUEST FOR QUOTATION #7677-52: The City Manager presented a report from the Finance Officer dated January 5 outlining two bids. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to accept the bid from Pioneer Stationers, Inc. as the lowest responsible bid and award the contract for office supplies to Pioneer Stationers Inc., 4400 East Bandini Road, Los Angeles, in an amount not to exceed $10,000.00. The motion unanimously carried by the following roll call vote: AYES: $ COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF AWARD OF CONTRACT FOR (1) RIDING MOWER/VACUUM (REPLACEMENT), REQUEST FOR qUOTATION #7677-51: The City Manager presented a report from the Finance Officer dated January 5 outlining two bids. Councilman Lacayo requested that the $S0.00 trade in value not be deducted from the net cost and that the present equipment be offered to a community group which can use it. It was moved by Councilman Lacayo and seconded by Councilman Hudson to accept the bid from Motor Cultivator CompaBy as the lowest responsible bid and award the contract to Motor Culti- vator Company, Slll Via Corona, Los Angeles, in the amount of $3,068.12. The motion unanimously carried by the following roll call vote: AYES: S COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju 66 " City' Council MJn,~tes .January 17, ]977 CONSIDERATION OF AWAPI) OF CONIP.~('I' FOR THE MODIFICATION OF TRAFFIC SIGNAL AT FilE INTERSECTION OF CERRITOS AVENUE AND WALKER STREET, CITY PROJECT sented a report from the Public Works 4 o,t lining five bids. The City Manager pre- Director dated January It was moved by Couimi/man I,acay,~ and seconded by Councilman Hudson to: (1~ aothorize a traltifer from iccount 10-4001-41322 in the amount of $178.00 to lcc,,unt 10-4186-41322; and (2) determine thal ~ho I~west respon, ible bidder for ProJect ~7710-S0 is %~ith [~loc~ric :~H[)[)IF arid award a co,tract for the modification of the traffic qJk~naI tO Smith Electric Supply, 10792 Knott, Stallion, in lhe am~ual of $7,r,?l ,00. The motion unanimously carried by the totio~iug roll call vole: AYES: 5 COIINC[LMEN: Ilarvey, tludson, & Ma c I, a i u NOES: 0 COUNC II,M}!N: None ABSENT: 0 (~O[IN(', ] I,M F N: None Lacayo, Sonju CONSIDER^TION OF PROI'OSAI, TO I:IUeNISII MEC}I^NI(;AL ENGINEERING SERF IU ES ~E_O~R _C 1_~ 1~ _[ ,.i~3212~_.~_.[1~_ U{)~[}.IZ['_I(2~ I~G, CITY PROJECT NO. 7745-90: The City Manager Dros;,,nled a report From the Public ~orks Director dated Jauuary ,1 recommending that the City COl*lFa( t for lh~2 prc, p:~ratio~, ~*{' [,la,s and specifications for au "economizer cycle" which was recommended by S.U.R.E. to conserve energy ia the air conditioning system. Cou[~cilwoman SonjIJ indicated sh{~ would like to study the entire final report Frem [;oI}.R.E. bct'o~c approviug any recommendations and Councilman [,acayo ,,;uggested that preparation of the plans and specs be included in the proiect and put out to hid. It was moved by (',o,*nci Iman l, acavo, qeconded Sonju and unanimously curried to table this that the CotinciI be provided wilh the Final by Councilwoman item and request report From S.U.R.E. CONSENT CAL, END~R: Mayor Mati, ain aak*_d if anyone wished to t'rmncilwoman Sor,}u requested that item #10 be It ~as moved b~, C,ot~nci lmaa Lac:~yo aad seconded by Mayor MacLain to approve Items #!~ through OlOa on the Eonsent Calendar with the exception of Item #1D. The motion unanimously carried by the Following roll call vote: AYES: 5 COUNCILMEN: Ilarvey, Hudson, Lacayo, & Macl,ain NOES: 0 COIJNC [ LMEN: None ABSENT: 0 COUNCIl,MEN: None Sonju Item #S: Consideration of Fiscal Year 1975/76 Arterial Highway Financing Program Administration Agreement and Joint Powers Agreement - Projetl ~7611-10--0~(I(1, 1, incoln Avenue From Moody Street to Los Altos Drive. Recommendation: That the City Council (1) approve the Adminis- trative Agreement for AItFP Project #800, I, incoln Avenue from Moody Street to Los Altos Drive and authorize the Mayor to sign the agreement and the City Clerk to attest; and (2) adopt the following Resolution by title only, title as follows, requesting that the County of Orange increase their allocation for AHFP #800 by $28~000.00: 10 . City Council Minutes January 17, 1977 67' RESOLUTION NO. 1817 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 LINCOLN AVENUE FROM MOODY STREET TO LOS ALTOS DRIVE, AHFP PROJECT #800. Item #6: Consideration of Approval of Addendum to the Orange County Solid Waste Management Plan. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONCURRING IN THE ADDENDUM TO THE COUNTY SOLID WASTE MANAGEMENT PLAN. Item #7: Consideration of Request from the Cypress Employees Association for an Exchange of Holidays. Recommendation: That the City Council authorize the Cypress Employees' Association to exchange Lincoln's birthday, February 12, 1977, for the day after Thanksgiving, November 2S, 1977. Item #8: Consideration of Authorization for the City Manager to Attend League Conference. Recommendation: That the City Council authorize the City Mana- ger to attend the annual City Managers' Department Spring Meeting in Burlingame, California, on February 16-18, 1977, and that he be reimbursed for all actual and necessary expenses. Item #9: Consideration of Promotional Employment List Maintenance Worker II. Recommendation: That the City Council certify the employment list for the position of Maintenance Worker II as submitted. Item #10a: Consideration of Application for Type "20" Off Sale Beer and Wine Alcoholic Beverage License Submitted by Seiji Ogata, Tempo Foods/Calva Dairy Drive-In, 6297 Ball Road. Recommendation: Receive and file. Regarding Item #10, Consideration of Authorization to Accept EDA Grant, Councilwoman Sonju stated she was the glad the City received grant funds but disappointed that the City did not get its share, especially since several smaller cities received greater amounts. She felt improving the City's grantsmanship might improve chances of getting grants. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to authorize the City Manager to sign the necessary documents accepting the grant offer for the Civic Center Handicapped Access Improvements Project. CONSIDERATION OF PROPOSED TRANSFER IN ADMINISTRATION OF THE LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a report dated January 6 which transmitted resolutions from the cities of Los Alamitos and Seal Beach requesting a Con- gressional investigation of the impact of the plan to transfer administration of the Air Station from the Navy to the Calif- ornia Army National Guard. Also transmitted was a resolution from Los Alamitos requesting the National Guard to reschedule the proposed informational meeting to the Air Station site. City Council Minutes January 17, 1977 The City Manager reported that the situation has changed since the report was written and he reported on a briefing session held with National Guard representatives on January 13 at the Los Alamitos City Hall. Results of the meeting are summarized in the January 17 Progress Report. The National Guard reported that a $3 million budget was established for their operation of the base and that the changeover will not involve a change in flight activity or the assignment of additional aircraft. Mr. Essex stated staff requested a copy of the agreement and/or contracts involved in the changeover.. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the ad- ministration changeover was a political move to get control of the base more localized and to make commercial use of the base more feasible. He felt this is a vital issue to the City. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to adopt the following Resolution by title only, title as follows, supporting the Resolutions from the Cities of Los Alamitos and Seal Beach which urge a Congressional investigation of the impact of the administration transfer at Los Alamitos Naval Air Station and that the resolution be transmitted to the authorities named in the Seal Beach and Los Alamitos resol- utions. RESOLUTION NO. 1819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, URGING THE CONGRESS OF THE UNITED STATES TO CONDUCT AN INVESTIGATION OF THE PROCEDURES, METHODS OF NOTIFICATION AND THE IMPACT OF THE PROPOSED PLAN TO TRANSFER ADMINISTRATION OF THE LOS ALAMITOS NAVAL AIR STATION FROM THE NAVY TO THE CALIFORNIA NATIONAL GUARD. It was moved by Councilman Lacayo and seconded by Councilman Hudson to add to the Resolution a request for an investigation by Congress of the methods which were used to determine the changeover in use and the method of notifying the local public agencies. 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 COMMERCIAL WARRANT LISTS: It was moved by Councilman Hudson and seconded by Councilman Lacayo to approve the Warrant List for Warrants #44264 through #44363 in the total amount of $653,901.96. The motion unani- mously 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 QUALITY OF DISTRICT BROCHURES: The City Manager presented a report from the Recreation and Park Director dated December 20, 1976 which indicated the Recreation and Park Commission recommended returning to use of a better quality paper for the Park District program brochures. Councilwoman Sonju moved to refer the matter back to the Rec- reation and Park Commission for further evaluation and indicate to them that the Council is trying to economize. 12. City Council Minutes January 17, 1977 A substitute motion was moved by Councilwoman Sonju and seconded by Councilman Lacayo to retain the use of the present type of paper for the Park District brochures. Councilman Lacayo rec- ommended that the next issue contain a front page notice asking for readers' opinions on the type of paper used and whether they would prefer a more expensive type paper, llke glossy, and include its cost, and indicate that the Council is trying to cut expenses. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None Lacayo, Sonju & MacLain CONSIDERATION OF ALLOCATION OF SENATE BILL 174 FUNDS: The City Manager presented a report from the Recreation and Park Director dated December 20, 1976 which recommended that the funds be used for installation of an audio reinforcement and paging system in the Community Center. The Recreation and Park Commission's second choice for the funds was installation of an irrigation system in the shrub beds at Maple Grove North and South Parks. Councilmen Sonju and Lacayo supporting using the funds for the irrigation system in order to complete park improvements which residents expected under the Park Bond Issue. It was moved by Councilwoman Sonju and seconded by Councilman Harvey that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, add to the project list for SB 174 funds the installation of an irri- gation system in the shrub beds at Maple Grove North and Maple Grove South Parks and attempt to install the system within the $1970 cost estimate and if this is not possible then appropriate $400 for this purpose from general funds. The motion unani- mously 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 RE-INSTALLATION OF BASKETBALL BACKBOARD AT WILLOW PARK: The City Manager presented a report from the Recreation and Park Director dated January 5 indicating that the Recreation and Park Commission recommended reinstallation of the basketball backboard based on support from residents in the area expressed at an April 26, 1976 public hearing on the matter and fact that the one objecting resident has moved else- where in the City. It was moved by Councilman Lacayo and seconded by Councilman Harvey that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, authorize the Director of Recreation and Parks to reinstall the basketball backboard at Willow Park. 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 13. City Council Minutes January 17, 1977 CONSIDERATION OF ASSIGNING THE RESPONSIBILITY OF FAMILY DAY ACTIVITIES TO THE RECREATION AND PARK DISTRICT: The City and Park Director and Park Commis- the responsibility Manager presented a report from the Recreation dated January S which indicated the Recreation sion recommended that Family Day activities be of the Recreation and Park District. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, assign the responsibility for the Family Day celebration to the Recrea- tion and Park District. 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 AUDIT FOR THE FISCAL YEAR ENDED JUNE 30, 1976: The City Manager presented a report dated January 6 which trans- mitted the audit report for the District submitted by the District auditors, Jamieson and Watkins. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, receive and file the audit report. CONSIDERATION OF APPROVAL TO PARTICIPATE IN THE 1976 STATE ENVIRONMENTAL AWARDS PROGRAM: The City Manager presented a report from the Recreation and Park Director dated January 4 which recommended that the plan, design and use of Oak Knoll Park be entered as a project for judging in the State Environ- mental Awards Program. 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, adopt the following Resolution by title only, title as follows: RESOLUTION NO. 72 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, TO AUTHORIZE SUBMITTAL OF AN ENTRY OF OAK KNOLL PARK TO THE CALIFORNIA PARK AND RECREATION SOCIETY'S 1976 STATE'ENVIRONMENTAL AWARDS COMMITTEE. 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 COMMER- CIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to approve the District Warrant List for Warrants #6160 through #6190 in the total amount of $140,170.34. 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 14. 71 City Council Minutes January 17, 1977 Regarding Item #20, the communication from Supervisor Diedrich suggesting that the City undertake a study on the possibility of providing police service to the adjacent county unincorporated areas, and then entering into negotiations with the County to determine the cost and whether the proposal would be mutually advantageous, it was moved by Councilman Lacayo and seconded by Councilman Hudson to continue this item to the next work session. Councilwoman Sonju felt this was an attempt by the County to try to reduce service costs and that the City was obligated to do the same. She felt the request deserved prompt attention by the Council. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Sonju ABSENT: 0 COUNCILMEN: None Hudson, Lacayo & MacLain Regarding Item #21, consideration of the budget calendar, Councilwoman Sonju objected to the calendar since it followed the same pattern for the budget process in which the Council was asked to review a document prepared by staff without having had an opportunity to set priorities and recommend their own items for inclusion. Councilman Lacayo stated it was the Council's responsibility to meet and establish budget guidelines prior to receiving the budget. The Council agreed to schedule January 51 at 7:00 p.m. in the to discuss the budget. a work session for Monday, administrative conference room CONSIDERATION OF COMMISSION APPOINTMENTS: The City Manager presented a report dated December 21, 1976 which indicated the terms of Arts and Cultural Commissioner Donald Galloway and Planning Commissioner Gerald Mullen are due to expire in January. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to direct staff to advertise for applicants to fill the vacancies. CONSIDERATION OF APPLICATIONS FOR THE ORANGE COUNTY HEALTH PLANNING COUNCIL: The City Manager presented a report dated December 21, 1976 which transmitted applications from three persons interested in serving on the Commission. The Council agreed to interview the applicants at 6:00 p.m. on Monday, January 24 prior to the meeting. CONSIDERATION OF REQUEST FOR FINANCIAL REPORT FROM THE BICEN- TENNIAL COMMITTEE: The City Manager presented a report dated December 21, 1976 indicating Councilman Lacayo requested the report. Councilman Lacayo requested the report for the January 24 meeting and Mayor MacLain indicated one would be forthcoming. The City Manager asked if the Council had any objections to delaying the next issue of the City newsletter so that it comes out about two weeks prior to the May Festival. This was requested by the Chamber of Commerce in order to use the newsletter for advertising. The Council expressed no objections. ORAL COMMUNICATIONS: No oral communications were presented at this time. 15. 7~ity Council Minutes January 17, 1977 EXECUTIVE SESSION: Mayor MacLain called an Executive Session to discuss matters of personnel and litigation at 10:37 p.m. The meeting was called back to order at 11:37 p.m. with all Councilmen present. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to continue Item #24, Considera- tion of Reimbursement Agreement with the Cypress School District, to the January 24 meeting. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:40 p.m. to Monday, January 24 at 6:00 p.m. MAYOR OF THE ITY OF CYPRESS ATTEST: CITY CLERK CrF'TF~ CITY OF CYPRESS 16.