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Minutes 77-03-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 28, 1977 The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, March 28, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: Councilmen Harvey, Hudson, Lacayo and MacLain ABSENT: Councilwoman Sonju 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 Schatzedero PLEDGE OF ALLEGIANCE: The City Manager led the pledge of allegiance to the flag. PRESENTATIONS: Mayor MacLain presented a community service plaque to Sheila Ribman who resigned from the Arts and Cultural Commission and the Council thanked her for her dedication and valuable contributions to the City. Mayor MacLain introduced and welcomed Planning Commission Chairman Gerald Mullen. MINUTES: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the March 14 minutes. STAFF REPORTS & DISCUSSIONS: The City Manager requested an Executive Session for matters of litigation. Hearing no objections, the Mayor added Item regarding rental of a piano for the concert Arts and Cultural Commission. #31 to the agenda sponsored by the CONSIDERATION OF AWARD OF CONTRACT FOR A COMPUTERIZED SIGNAL TIMING AND PHASING REPORT; VALLEY VIEW STREET PROGRESSION SYSTEM: The City Manager presented a report from the Public Works Director dated March 23 describing three proposals to conduct the timing study for the signal progression system on Valley View Street. It was moved by Councilman Harvey and seconded by Councilman Hudson to approve the proposal of Mohle, Perry and Associates in the amount of $1,700.00 and authorize the Mayor to sign the contract documents for their services. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & CONSIDERATION OF AWARD OF CONTRACT FOR INSTALLATION OF PEDES- TRIAN TRAFFIC SIGNAL AND SAFETY LIGHTING ON CERRITOS AVENUE 258 FEET EAST OF ALMOND STREET; CITY PROJECT #7748-50: The City Manager presented a report from the Public Works Director dated March 23 which outlined five bids received. Staff indi- cated that the budget transfer of $12,S00 would cover the cost of checking the signal equipment donated by the City of Anaheim and the electrical service. They reported that residents and ~ ; ~30City Council Minutes March 28, 1977 school officials were made aware of the proposed location of the signal at meetings held with the staff and the location was chosen to avoid conflicts with right and left turns at the Almond/Cerritos intersection, The signal would be located between Almond and Ritter Street. Staff reported there was no indication made of closing Cerritos Elementary School. It was moved by Councilman Lacayo and seconded by Councilman Harvey to: (1) authorize a budgeted transfer from the 2106 Gas Tax Fund and appropriate $12,500.00 from the fund balance of the Gas Tax Fund to Account #10-4186-49S22; and (2) deter- mine that the lowest responsible bidder for Project #7748-50 is Galland Electric Corporation, 2020 East Lincoln Avenue, Anaheim, California, and award them the contract for the installation of the pedestrian traffic signal in the amount of $9,848.00. 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 & ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter not on the agenda. Mrs. Wilma Wilson, 9190 Whitney Way, Cypress, presented two letters to the Council, one from residents on Whitney Way, Newman Street and Julie Beth Street thanking the Council for their action in resolving the noise problem at Hyatt Die Cast and the second in which she requested an investigation of employee working conditions and a possible violation involving production work taking place on Sunday. The Council requested staff to investigate the points raised by Mrs. Wilson and report back at the next regular meeting. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, raised several objections to the contractor's work in the area of Denni and Orange Avenue. Mayor MacLain urged him to transmit his con- cerns to the Orange County Sanitation District to the attention of District 3 directors. 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. Councilman Hudson requested the removal of Item #8; Councilman Harvey requested the removal of Items #5 and #6. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the Consent Calendar with the exception of Items #5, 6 and 8. Item #4: Consideration of Actions Relating to the Natural Gas Shortage. Recommendation: That the City Council continue consideration of this matter until the meeting of April 11, 1977. Item #7: Consideration of Assembly Bill 351 Which Would Allow Candidates for Local Office to Include the Candidates' Party Affiliation. Recommendation: That the City Council oppose Assembly Bill 351 which includes partisan political activities in the conduct of local non-partisan elections and request the City Manager to notify the appropriate State legislators of this action. o City Council Minutes March 28, 1977 Item #9: Consideration of Request from Mr. George W. Ososke, President, California Anti-Litter League, to Proclaim May, 1977 as State-wide Anti-Litter Month. Recommendation: That the Mayor and City Council proclaim May, 1977 as "Anti-Litter Month" in the City of Cypress. Item #10: Consideration of Support for Discretionary Grant, Automated Fingerprint Identification System. Recommendation: That the City Council authorize the Mayor to transmit a letter supporting the Discretionary Grant to the Law Enforcement Assistance Administration. Regarding Item #5, Consideration of Resolution of the City of Fountain Valley Establishing Policies and Programs in Support of Water Conservation, Councilman Harvey felt action on the resolution may be premature and may cause confusion to residents if the City urges a voluntary 15 percent reduction in water use and later a 25 percent water rationing program is mandated by the State. Mayor MacLain and Councilman Hudson expressed con- cern over the provisions of the resolution which made reference to the assistance which would be provided to northern California. It was moved by Councilman Harvey and seconded by Councilman Lacayo that the City's League voting delegate support the Fountain Valley resolution. Following further discussion, Councilman Lacayo withdrew the second to the motion. A substitute motion was moved by Mayor MacLain and seconded by Councilman Lacayo that the City Council support the Fountain Valley resolution with the deletion of the words: "the reduction of water consumption by residents of Southern California will make more water readily available to those portions of the State in need thereof". Councilman Harvey stated he did not support the deletion since the intent of the motion was punitive and he felt this was inconsistent with the spirit and intent of the Fountain Valley resolution. Councilman Hudson felt the sentence to be deleted was untrue. He suggested further deletions of portions which indicated water conservation will assist northern California in its water crisis. Hearing no objections, Mayor MacLain asked that staff rewrite the resolution with the suggested changes as a resolution of the City of Cypress for consideration at the April 11 meeting. Regarding Item #6, Consideration of Resolution from the City of Tustin Urging the Adoption of Legislation Which Would Automatically Provide for the Annexation of Unincorporated County Islands into the Cities Surrounding Them in Accordance with the Correct Sphere of Influence, Councilman Harvey opposed such a policy and felt it would remove the individual freedom of County residents to decide where and under what conditions they wish to live. Mayor MacLain and Councilman Lacayo expressed concern that the County residents should be required to pay their fair share for services provided. It was moved by Mayor MacLain, seconded by Councilman Hudson and carried, with Councilman Harvey voting no, that the City Council request the City voting delegate to the Orange County League of Cities to vote in favor of Tustin Resolution #77-25 regarding the annexation of unincorporated County islands. ' 13~ity Council Minutes March 28, 1977 Regarding Item #8, Consideration of Assembly Bill 65 Which Would Abolish the Existing Regulation Requiring a Practicing Landscape Architect to be Licensed by the California State Board of Landscape Architects, Councilman Hudson asked for a clarification of the position and qualifications and whether the intent of the legislation was to guarantee competence or if it would limit capable persons from entering the field. The Recreation and Park Director reported there is another method besides a degree program for a person to become licensed by the State Board and he felt the intent of licensing was for the protection of the health and safety of the public. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried that the City Council go on record in opposition to Assembly Bill 63 and authorize the Recreation and Park Director to communicate this opposition to the appropriate State officials, and further, to authorize the Mayor to send a communication opposing AB 65. Hearing no objections, the Mayor took Item #24 out of order. CONSIDERATION OF PROPOSED RESUBMITTAL OF DEVELOPMENT PROJECT APPROVED UNDER CONDITIONAL USE PERMIT NO. 76-16: The Planning Director summarized a report dated March 24 which indicated the applicant who was granted approval under C.U.P. #76-16 to construct a 14 unit apartment complex at 6101 Orange Avenue submitted a request to commence construction on the complex as a condominium project rather than apartments in conjunction with applying for a C.U.P. modification for the conversion. Staff felt the Council should determine the appropriateness of the request based on problems in the past with apartment to condominium conversions. Mr. Hawley described the project as it was approved by the Planning Commission on November 4, 1976 and indicated that the staff was concerned over the loca- tion of garages, access drives and the density of the develop- ment if the project was to be considered as condominiums rather than apartments. He presented a plot map of the project. He reported the density of the project is about 18 units to the acre while the Zoning Ordinance allows 20 units. Regarding the garages, he reported that for condominium projects the staff usually requires that they be located immediately abutting the individual units. The Planning Director reported that the applicant previously expressed interest in developing the project as condominiums and that the final plans which were submitted for issuance of a building permit were in compliance with condominium building requirements. Mr. Hawley reported on two previous condominium conversions which involved new developments on Graham Street and Lincoln Avenue and stated the applicant for these projects signed a letter agreeing to stipulations that the City would not be held liable if the Council did not grant approval of the project as condominiums. Councilman Lacayo suggested that the matter be referred to the Planning Commission because of staff's concerns over the development plan. Councilman Hudson asked if the matter could be reviewed by the Commission without a hearing. The City Attorney stated that he has represented the applicant in matters in other cities but not in the City of Cypress. He stated the applicant could proceed with construction at his own risk as in the other cases and build according to condominium standards but there is no guarantee the project will be approved as condominiums. He stated the modifications to the plan are significant enough to require an application to modify the conditional use permit. City Council Minutes March 28 1977 ,,, 133 Mayor MacLain announced that it was time to conduct the public hearings. She opened the following hearings and continued them until after this item: CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-1. PUBLIC HEARING RE: ZONE CHANGE NO. 77-2. PUBLIC HEARING RE: ZONE CHANGE NO. 77-3. PUBLIC HEARING RE: ZONE CHANGE NO. 77-1 AND CONDI- TIONAL USE PERMIT NO. 77-1. PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1977. Dr. Nevin, P. O. Box 5328, Fullerton, California, the appli- cant, stated the request was made in innocence and that the applicant expressed their desire at the time of the Commission hearing, and it is stated in the staff report, that the project would be designed for possible conversion to a condominium project. He stated it has always been their intent to design the project as condominiums and meet condominium building requirements. He reported that at the request of the apart- ment property owner to the east who felt a driveway adjacent to the east property line would cause disturbance to his resi- dents, the driveway locations as shown on the original plans were relocated to be next to the units with the garages on the east and west property lines. Dr. Nevin described amen- ities they proposed for the units. Dr. Nevin felt the Planning Commission was aware that the project was designed to condo- minium standards; he stated he realizes the need for a modi- fication to the C.U.P. and that he would like to begin con- struction immediately. He stated they would not like to down- grade the project to apartments and also that they would sign a letter agreeing to the stipulations waiving the City's liability. The Council and staff discussed what would be the most expedi- tious manner to have the matter referred to the Planning Commission. Staff stated the applicant could apply for the modification which could be considered at a Planning Commission hearing on April 21 and in the interim staff could begin the plan checking. Councilman Hudson suggested that the fee to apply for the C.U.P. modification be waived. Staff suggested that if the Commission approves the C.U.P. modification, the applicant could request Council approval for the issuance of building permits before the subdivision map requirements are fulfilled. It was moved by Councilman Lacayo and seconded by Councilman Hudson to request the applicant to apply for the modification to the conditional use permit and file the subdivision map for the condominium project, request that staff begin plan checking, continue this matter to the April 25 meeting at which time the issuance of building permits could be considered contingent upon Planning Commission approval on April 21, and waive the $250 filing fee for the use permit modification. 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 RECESS: Mayor MacLain called a recess at 9:14 p.m. The meeting was called back to order at 9:30 p.m. with Council- woman Sonju absent. · &~4city Council Minutes March 28, 1977 CONSIDERATION OF PUBLIC HEARING RE: ZONE cHANGE NO. 77-3: Mayor MacLain reopened the public hearing and asked for the staff's report. The Planning Director presented a report dated March 24 indicating the Planning Commission on March 3 unanimously recommended approval of the zone change for a 1.2 acre parcel of land located to the west and south of Lincoln Plaza Shopping Center on Lincoln Avenue from the commercial heavy zone to a combination commercial heavy and RM-20/A residential multiple- family zone. The City Council approved General Plan Amendment #76-5 on February 14 for the subject property. Mayor MacLain asked if anyone wished to speak in favor. Mr. Chuck Bush, 5957 Los Angeles Way, Buena Park, California, construction superintendent for MEB Investments, the applicant, stated the zone change will permit construction of the last two parts of a three part project consisting of a nine unit condo- minium project and a restaurant. The condominiums will have the same design as the 28 units constructed to the south on property owned by the applicant. He stated the tentative tract map for the nine units will be submitted this week. Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Councilman Hudson and seconded by Mayor MacLain to close the public hearing, order the following Ordinance read by title only, and approve the first reading of the ordinance: ORDINANCE NO. The AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM CH-10,000 TO RM-20/A AND CH-10,000 AND KNOWN AS ZONE CHANGE NO. 77-3. motion unanimously carried by the following roll AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju CONSIDERATION CONDITIONAL USE call vote: Lacayo & OF PUBLIC HEARING RE: ZONE CHANGE NO. 77-1 AND PERMIT NO. 77-1: Mayor MacLain reopened the public hearing and asked for the staff's report. The Planning Director presented a report dated March 24 regarding Zone Change #77-1, C.U.P. #77-1 and Tentative Tract #9743 which were unanimously approved by the Planning Commis- sion on March 3 to provide for the development of about six acres of land located at the southwest corner of Valley View and Orange Avenue. The development plan proposes three com- mercial buildings on 2.25 acres and 20 single-family dwellings on ~.75 acres. Staff presented a plot plan and rendering of the development. In response to questions from the Council, the staff reported that if it is necessary to raise the wall on the westerly property line and permission is not received from the adjacent homeowners, then a new wall will be constructed. Staff also City Council Minutes March 28, 1977 reported the property is proposed to drain towards the southerly boun4ary along which the City owns a drainage easement. Staff explained that Condition #1 on the use permit was recommended by the Planning Commission to guarantee that the commercial portion will be constructed. The condition states that: "prior to first inspection (footings) on the residential portion of this project, foundations shall be poured and completed for the commercial portion with respect to Building "A" as designated on the plot plan submitted with the request and as reviewed and approved by the Planning Commission". Staff noted that Building A was the largest commercial building. Mayor MacLain asked if the applicant wished to speak. Mr. Jerome Reynolds, 2507 Lighthouse Lane, Corona del Mar, California, stated the plan as shown is basically what the development will look like. Mr. Reynolds stated they would like to take out concurrent building permits for the commer- cial and residential portions since the building permits are necessary to fund the two loans to purchase the property. Mr. Reynolds stated they would sign an agreement drafted by the City Attorney which commits them to the commercial portion. He pointed out one discrepancy from Condition #1 in the City Attorney's letter and staff indicated it was an error and the agreement would contain Condition #1 as stated. Mayor MacLain asked if anyone wished to speak in favor. Mr. G. H. Monreal, 9592 Sonwell Place, Cypress, reported on a drainage easement problem near his property and asked if the drain could be placed underground. Staff indicated that a 100 foot underground extension could be constructed to connect with the underground drainage line for the new development. The Council underground back at the requested that staff investigate whether the drainage could be constructed jointly and report next regular meeting. Mayor MacLain asked if anyone wished to speak in opposition. There was no one wishing to speak in opposition. It was moved by Councilman Hudson and seconded by Councilman Harvey to close the public hearing, order the following Ord- inance 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 AMENDING ORDINANCE NO. S59, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY CHANGING THE ZONE ON A CERTAIN PARCEL OF LAND FROM CG-COMMERCIAL GENERAL TO RS-6000 RESIDEN- TIAL SINGLE FAMILY AND KNOWN AS ZONE CHANGE NO. 77-1. Councilman Lacayo stated that he voted against the zone change but since the applicant was proceeding in good faith, the Planning Commission approved the proposal and the Council has no objections, he would abstain on the motion. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, Hudson NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju ABSTAINING: 1 COUNCILMEN: Lacayo MacLain o City Council Minutes March 28, 1977 It was moved by Councilman Hudson and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows, which approves C.U.P. #77-1 subject to conditions recommended by the Planning Commission: RESOLUTION NO. 1842 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 77-1 - WITH CONDITIONS. Mr. Reynolds reported he received a letter from the McDonald's office in Chicago indicating they will not proceed with the Valley View site since a drive-through restaurant could not be accommodated. Mr. Reynolds stated he did not feel a drive- through restaurant is best for the overall development and reported they are negotiating with other fast food restaurants. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju ABSTAINING: 1 COUNCILMEN: Lacayo Hudson & MacLain It was moved by Councilman Hudson and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows, which approves the tentative tract map subject to conditions recommended by the Planning Commission: RESOLUTION NO. 1843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 9743 ~ WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju ABSTAINING: 1 COUNCILMEN: Lacayo Hudson & MacLain CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-1 AND CONSIDERATION OF PUBLIC HEARING RE: ZONE CHANGE NO. 77-2: Mayor MacLain reopened the public hearings. Councilman Hudson suggested that the hearings be continued until a full Council is present and the remainder of the Council agreed. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried to continue the public hearing regarding General Plan Amendment #77-1 and the public hearing regarding Zone Change #77-2 (Lincoln Avenue Overlay Zone) to the April 11 meeting. CONSIDERATION OF PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1977: Mayor MacLain reopened the hearing and asked for the sta£f~s report. The City Manager presented a report from the Public Works Director dated March 24 which indicated the hearing is for the purpose of hearing objections to the 1977 weed abatement program. Staff transmitted a resolution listing the parcels in need of weed abatement. Mayor MacLain asked if anyone wished to speak in support. o City Council Minutes March 28, 1977 Mr. James Duncan, 9787 Rome Street, Cypress, complained about the recurring weeds and potential fire hazard on the property directly south of the Civic Center. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he felt the home on that property is more attractive than the office building located further east on Orange. Mayor MacLain asked if anyone wished to speak in opposition. There was no one wishing to speak in 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. 1844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. 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 & CONTINUATION OF CONSIDERATION OF FIRST READING OF ORDINANCE AMENDING THE EXISTING ORDINANCE REGARDING BINGO GAMES: The City Manager presented a report dated March 24 which trans- mitted a rewritten bingo ordinance which would limit the conduct of bingo games to no more than one per week for eight hours per day, with an allowance for an additional 12 extra days to be granted during any calendar year. The granting of extra days would be determined by the Chief of Police who is designated by the City Code to administer the ordinance. Councilman Lacayo requested that some type of policy be set up to notify the Council of the applications and/or rejections which are made for a bingo permit. 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 AMENDING SECTIONS 15C-10 AND 17-7 OF THE CODE OF THE CITY OF CYPRESS RELATING TO BINGO GAMES. 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 & Hearing no objections, the Mayor continued Item #17, Contin- uation of Consideration of Neighborhood Meetings "No Parking" Ban, to the March 29 meeting. o City Council Minutes March 28, 1977 CONTINUATION OF CONSIDERATION OF PROPOSED WATER USE ORDINANCE: The City Manager presented a report dated March 24 which suggested that the Council adopt a resolution supporting the same type of water conservation measures which are contained in the Fountain Valley resolution. He reported that the City Attorney is researching possible Building Code requirements for water saving devices in new developments and the staff is investigating an incentive program to encourage water con- servation. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to receive and file the report. CONSIDERATION OF REORGANIZATION OF CITY COUNCIL: The City Manager presented a report dated March 24 indicating the Mayor requested the item on the agenda. Mayor MacLain resigned as Mayor and Councilman Hudson resigned as Mayor Pro Tem. The meeting was turned over to the City Clerk who asked for nominations for mayor. Councilwoman MacLain nominated Councilman Lacayo as mayor. Councilman Harvey requested that the Council reorganization be postponed until a full Council is present. Councilwoman MacLaln stated she did not contact and was not contacted by any other Council member regarding the mayorship. The remainder of the Council made the same statement. Council- man Harvey stated that Councilmen Sonju and Hudson were poten- tial candidates for mayor. It was moved by Councilman Harvey and seconded by Councilman Hudson that the City Council postpone the election of mayor and mayor pro tem until a full City Council is present° 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 & The City Attorney stated that Mayor MacLain and Mayor Pro Tem Hudson will continue in office until the Council reorganizes. The City Clerk turned the meeting back to Mayor MacLain. CONSIDERATION OF APPROVAL OF THE CITY NEWSLETTER: The City Manager presented a report dated March 24. The draft copy of the April newsletter was previously transmitted to the Council. The Council suggested several changes to articles which were noted by staff. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the draft of the newsletter as corrected. CONSIDERATION OF APPOINTMENT OF CITY REPRESENTATIVE TO A STUDY COMMITTEE ON THE CYPRESS SCHOOL DISTRICT FACILITIES UTILIZATION: The City Manager presented a report dated March 24 which requested a committee representative to participate in a study of long-range planning of facilities use for the District. Councilman Lacayo moved to continue the item until a full Council is present. The motion was not seconded. Councilman Hudson moved that the Mayor represent the City. Hearing no objections, Mayor MacLain stated the Mayor would be the representative. 10. City Council Minutes March 28, 1977 CONSIDERATION OF PROPOSED DIVISION BUDGET, 1977-78~ LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION: The City Manager presented a report dated March 24 which transmitted a copy of the proposed budget. The Orange County Division proposed a three cent assessment for member cities for 1977- 78. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried that the City's voting dele- gate support the current two cent assessment. Councilman Lacayo requested that Councilman Hudson transmit a letter to the Division outlining the Council's objections to the proposed increase, expressing their concern over the unchecked growth of government, and indicating that the way to stop government from growing too large is to begin with this League by maintaining as low a budget as possible and the two cent assessment. CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR "NO PARKING" AREAS ON WALKER STREET: The City Manager presented a report from the Public Works Director dated March 23 which indicated the Traffic Commission recommended certain "no parking" areas on Walker Street to facilitate the installation of left-turn pockets at Lincoln and Orange Avenue. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING" ZONES AND "NO PARKING" AREAS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: Sonju Lacayo & CONSIDERATION OF THE ADOPTION OF A RESOLUTION SETTING FORTH THE MODIFICATIONS TO THE UNIFORM BUILDING CODES: The Public Works Director presented a report from the Building Division dated March 24 which indicated the City is required by SB 1270 to file express findings for local modifications made to the Uniform Housing Standards with the State Department of Housing and Community Development. Staff transmitted a resolution which set forth local conditions justifying the City's amendments to the 1973 Uniform Building Codes. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, indicated he would like to know what modifications are contained in the resolution. He suggested that the building code be modified to incorporate something to discourage an imposition on a home buyer to purchase decorative appliances, such as gas fireplaces. He stated such appliances are a potential health hazard and waste gas. It was moved by Councilman Lacayo and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows, and that the City Clerk file a copy of the Reso- ution together with Ordinance No. S24 adopting the Uniform Building Codes as amended with the State Department of Housing and Community Development: 11. l~0City Council Minutes March 28, 1977 RESOLUTION N0.1846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING FORTH THE LOCAL CONDITIONS AND THE PUBLIC SAFETY FACTORS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT CERTAIN MODIFICATIONS TO THE 1973 EDITION OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM FIRE CODE AND UNIFORM BUILDING CODE STANDARDS ARE REASONABLY REQUIRED BY LOCAL CONDITIONS AND PUBLIC SAFETY FACTORS WITHIN THE CITY OF CYPRESS. 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 ~ CONSIDERATION OF JOINT POWERS AGREEMENT WITH COAST REGIONAL TRAINING CENTER ~CRTC): The City Manager presented a report dated March 24 describing an agreement that CRTC proposes with interested Orange County cities, school districts, and the County for its training programs. The City is not required to make a dollar commitment, only in-kind contributions of staff time, in order to participate. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to approve the City's parti- cipation in the joint powers agreement with Coast Regional Training Center and authorize the Mayor to execute and the City Clerk to attest the agreement. CONSIDERATION OF ACCEPTANCE OF RESIGNATION OF COMMISSIONER BERT GREENWOOD: The City Manager presented a report dated March 24 indicating that Planning Commissioner Bert Greenwood submitted a letter of resignation, to be effective May 1. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried to accept the resignation of Mr. Greenwood effective May 1, 1977, authorize the staff to obtain a community service plaque for presentation at a future Council meeting, and continue consideration of an appointment to fill the vacancy to the March 29 meeting. 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 #44912 through #4S1S1 in the total amount of $22S,033.11. 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 ~ CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Recreation and Park District Warrant List for Warrants #6368 through #6456 in the total amount of $36, S04.44. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo g 12. City Council Minutes March 28, 1977 In regard to Item #31 concerning rental of a piano for the second annual concert series sponsored by the Arts and Cultural Commission to be held April 15, Mayor MacLain stated the piano used last year detracted from the performance and she suggested that the Council approve funds to rent a better instrument. The Recreation and Park Director stated there may be funds for the rental in the concert budget. It was moved by Councilman Lacayo and seconded by Mayor MacLain to approve an expenditure not to exceed $250.00 to rent a piano for the concert series. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Hudson ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain At Councilman Lacayo's request, the Mayor added Item #32 to the agenda regarding resolutions of commendation for the Cypress College Varsity Basketball Team for winning the state champion- ship, and for the Cypress High School Girls' JV Basketball Team. It was moved by Councilman Lacayo, and unanimously carried to request of commendation for both teams. seconded by Councilman Harvey staff to prepare a resolution At the City Manager's request, the Mayor added Item #33 regarding a donation of trees by the Avalon Park Nursery. The City Manager presented a report from the Recreation and Park Director dated March 28 which indicated Avalon Park Nursery wished to donate about 40 trees for placement on various parksites. It was moved by Councilman Hudson and seconded by Councilman Lacayo to accept the kind offer of Mr. and Mrs. Morio of the donation of trees and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1847 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF CYPRESS COMMENDING AKIRA AND ttIROKO MORIO FOR THEIR DONATION OF TREES TO THE CITY OF CYPRESS AND TO THE CYPRESS RECREATION AND PARK DISTRICT. 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 At the request of the City Manager, the Executive Session was postponed until such time as the entire Council is present. ORAL COMMUNICATIONS: No oral communications were presented. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:36 p.m. to Tuesday, March 29, 1977 at 7:00 p.m. in the administrative conference room. ATTEST: MAYOR OF TIlE ~/I~TY OF CYPRESS CITY CI~ERK-'OF- TNE,~CITY OF CYPRESS 13.