Loading...
Minutes 77-04-11144 MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD April 11, 1977 OF The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, April 11, 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 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: The City Attorney led the pledge to the flag. MINUTES: It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried to approve the minutes of March 22, March 28 and March 29, 1977. STAFF REPORTS AND DISCUSSIONS: The City Manager transmitted updated reports regarding Items #1 and #23 and requested an Executive Session for matters of personnel and litigation. EXECUTIVE SESSION: Mayor MacLain called an Executive Session for matters of personnel at 6:45 p.m. The meeting was called back to order at 7:20 p.m. with Councilwoman Sonju absent. Hearing no objections, Mayor MacLain added Item #24a to the agenda concerning considered action against the County regarding an easement and stated the item would be taken out of order. The City Attorney reported that, as directed at the March 29 meeting, his office investigated the procedures by the County in granting a sanitary sewer easement for the project known as Lakeview Shores and their conclusion was there is basis for the City to file action to seek review of the decision by the Board of Supervisors. It was moved by Councilman Hudson and seconded by Councilman Lacayo to authorize the City Attorney to file the appropriate legal action to force the County to rescind approval of the easement. 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, Mayor MacLain added the following to the agenda: Item #30 regarding Planning Commissioners' at an energy seminar; items attendance Item #31 regarding SB 164; Item #32 regarding Councilman Hudson's attendance at the Planning Commission meeting. City Council Minutes April 11, 1977 ORAL COMMUNICATIONS: Mayor MacLain asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Richard Partin, 11456 Culebra Street, Cypress, president of the College Park Homeowners' Association, reported on a severe odor problem emanating from the sanitary sewer system on Orangewood Avenue. He requested an investigation of the problem. Mayor MacLain stated she would report the problem to the Orange County Sanitation District. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported there is a constant odor problem near the corner of Blanca Drive and Whitney Way. He also reported that an odor like hot oil appeared to be coming from the tank farm processing plant. Mayor MacLain requested the staff to investigate the two odor problems. CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE COMMUNITY FACILITIES IMPROVEMENT PROJECT, CIVIC CENTER HANDICAPPED ACCESS IMPROVEMENTS AT 5275 ORANGE AVENUE, EDA PROJECT # 07-51-02468~ CITY PROJECT # 7728-90: The City Manager presented a report from the Public Works Director dated April 11 which outlined the six bids submitted. Staff made a cor- rection to the recommendation in the report involving a transfer of EDA funds. The Public Works Director reported on deletions from the original project which included the sidewalk between the Council Chambers and new library and a reduction of the walkway width between the Chambers and Grindlay Street. It was moved by Councilman Lacayo and seconded by Mayor MacLain to authorize a budgeted transfer from the General Fund and appropriate $6500.00 from the fund balance of the General Fund to Account #10-4186-493.24 and transfer $73,456.00 from the EDA grant funds to Account #10-4186-493.24; determine that the lowest responsible bidder for EDA Project #07-51-02468, City Project #7728-90 is: Part #1 Markel Cement Contracting, Inc., Part #2 - Ryco Construction, and Part #3 - Dover Elevator Company; and award a contract for the handicapped improvements to: Part #1 - Markel Cement Contracting, Inc., P.O. Box 1936, Costa Mesa, California in the amount of $7,950.00; Part #2 - Ryco Construction, P.O. Box 863, San Pedro, California in the amount of $53,353.00; and Part #3 - Dover Elevator Company, 1045 S. Byram Street, Los Angeles, California, in the amount of $15,698.00. Councilman Hudson asked that staff investigate whether the deleted items could be constructed from the Community Develop- ment Act grant funds which will be used for the curb cuts project. Councilman Harvey stated he would support the motion on the condition that the staff investigate the Dover Elevator Company and that the staff is satisfied with their record and quality of work. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacay0 ~ City Council Minutes April 11, 1977 CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT, LINCOLN AVENUE FROM MOODY STREET TO LOS ALTOS DRIVE~ CITY OF CYPRESS PROJECT #7611-10-0800: The City Manager presented a report from the Public Works Director dated April 5 which indicated the proposal of Duca and McCoy was the apparent low bid and was 50% lower than the other bids. A.H.F.P. funds will cover half the project cost. It was moved by Councilman Harvey and seconded by Councilman Hudson to determine that Duca and McCoy is the lowest responsible bidder and award the contract for the construction surveying of Lincoln Avenue from Moody Street to Los Altos Drive, Project #7611-10-0800, to Duca and McCoy, 336 Poinsettia Avenue, Corona del Mar, California, per their proposal in the amount of $2,000.00. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain CONSIDERATION OF AWARD OF CONTRACT FOR LINCOLN AVENUE IMPROVE- MENTS FROM MOODY STREET TO LOS ALTOS DRIVE, CITY OF CYPRESS PROJECT #7611-10-0800: The City Manager presented a report from the Public Works Director dated April 5 and outlined the four bids submitted. It was moved by Councilman Harvey and seconded by Councilman Lacayo to determine that the lowest responsible bidder for Project #7611-10-0800 is Aman Brothers, Inc. P.O. Box 4233, Covina, California, and award them the contract in the amount of $194,430.66. 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 CONSENT CALENDAR: Mayor MacLain announced that all items listed on the agenda under "Consent Calendar" were to be con- sidered by the Council as routine and enacted by one motion approving the recommendation regarding each item. Councilman Harvey asked that Items #9 and #14 be removed. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve Items #4 through #13 on the Consent Calendar with the exception of Items #9 and #14. 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 Item #4: Consideration of Application for Waiver of Admission Tax by St. Mary's ttospital Guild, Inc. Recommendation: That the City Council waive the admission tax requirement for the St. Mary's Hospital Guild "Night at the Races" on June 1, 1977. Item #5: Consideration of Actions Relating to the Natural Gas Shortage. Recommendation: That the City Council continue this item to the April 25 meeting. Item #6: Consideration of Resolution of Commendation - Cypress College Chargers Basketball Team. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: City Council Minutes April ll, 1977 14 7 RESOLUTION NO. 1848 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING CYPRESS COLLEGE CHARGERS BASKETBALL TEAM FOR THEIR OUTSTANDING ATHLETIC EXCELLENCE IN WINNING THE CALIFORNIA STATE COMMUNITY COLLEGE BASKETBALL CHAMPIONSHIP. Item #7: Consideration of Employment List - Dispatcher. Recommendation: That the City Council certify the employment list for the position of Dispatcher as submitted. Item #8: Consideration of Attendance at the Annual Legislative Conference of the League of California Cities. Recommendation: That the Mayor and City Council members be authorized to attend the annual Legislative Conference to be held in Sacramento at the Sacramento Community Convention Center on May 16-18, 1977 and that they be reimbursed for all actual and necessary expenses. Item #10: Consideration of a One Year Extension of the Animal Control Services Agreement. Recommendation: That the City Council approve the extension of the contract between the City and Orange County for Animal Control Services for a period commencing July 1, 1977 and terminating June 50, 1978, with no change in the terms or conditions, and authorize the Mayor to sign and the City Clerk to attest the subject extension. Item #11: Consideration of a Resolution Establishing a Time Limit for Seeking Review of Administrative Determinations. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1849 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING CODE OF CIVIL PROCEDURE SECTION 1094.6 APPLICABLE TO THE CITY OF CYPRESS ESTABLISHING A TIME LIMIT FOR SEEKING REVIEW OF ADMINISTRATIVE DETERMINATIONS. Item #12: Consideration of a Claim Submitted by Mr. Charles Doyle, S668 Camp Street, Cypress, California. Recommendation: That the City Council officially deny the subject claim and refer the claim to the City's Claim Adjuster, Carl Warren and Company, for appropriate disposition. Item #13: Consideration of Deposit and Withdrawal of City and District Funds in the Local Agency Investment Fund. Recommendation: That the City Council adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING INVESTMENT OF CITY MONIES IN THE LOCAL AGENCY INVESTMENT FUND. RESOLUTION NO. 78 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, AUTHORIZING INVESTMENT OF DISTRICT MONIES IN THE LOCAL AGENCY INVESTMENT FUND. City Council Minutes April 11, 1977 RECESS: Mayor MacLain called a recess at 7:53 p.m. The meeting was called back to order at 8:05 p.m. with Council- woman Sonju absent. CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT #77-1: Mayor MacLain opened the hearing and asked for the staff report. The City Manager presented a report dated April 7 indicating the hearing was continued from March 28. The Planning Director reported General Plan Amendment #77-1 involves a proposal recommended by the Lincoln Avenue Action Committee which would designate various parcels having frontage on Lincoln Avenue between Bloomfield Avenue and Holder Street for a change of classification from CH-Commercial Highway to a combining zone designation which would provide for develop- ment of the rear portions of deep lots with any urban use subject to a conditional use permit when established in con- junction with commercial development on the frontage. He presented a map and slides identifying the parcels to be included in the overlay zone and illustrating the problem on deep lots where development has primarily occurred along the frontage leaving the rear portion vacant. He reported the basic zoning of all parcels would remain CH-10,O00 and that 25% of all parcels on Lincoln were proposed for the overlay zone. The Planning Director reported the overlay zone would permit uses such as light industrial or assembly type activi- ties which are not permitted in the CH Zone, the overlay zone will streamline the public hearing process, and the Committee hoped the zoning will encourage a combination of parcels to a more functional size. He reported the overlay proposal involves amendments to the Zoning Ordinance text and that the General Plan amendment and Zone Change were approved by the Planning Commission on March 3. Mayor MacLain asked if anyone wished There was no one wishing to speak in anyone wished to speak in opposition. to speak in support. support. She asked if Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, opposed the amendment as being a further erosion of a potential commercial tax base and an invitation to residential development. He stated there is no immediate demand for the zone change and he felt the proposal was a radical step which should be placed on the ballot. He felt residential uses should be excluded from the overlay zone. Mr. Bill Pryor, 6663 Teakwood Street, Cypress, stated he opposed the amendment and he felt allowance of any urban use will lead to a large proportion of residential development. He suggested that a tax incentive be provided for commercial developers of the Lincoln lots. Mr. Alex Bell, 9461Grindlay Street, Cypress, chairman of the Lincoln Avenue Action Committee, reported one of the goals of the committee was to assist the City in gaining tax revenue and stimulating industrial and commercial devel- opment and the overlay proposal was a step which could be implemented at the present time. He stated the present zoning discourages developers by restricting uses and vacant parcels encourage problems like weed growth and dumping. Mr. Bell reported that only 25% of the lots will be affected by the proposal and the overlay zone will not apply to lots which already are viable for commercial development. He stated property values on Lincoln are in a depressed stage and owners are unwilling to take a risk and develop the property. He reported on the makeup of the committee and stated the members are all familiar with commercial development and recognize the need for a commercial tax base. City Council Minutes April 11, 1977 The Planning Director and Mr. Bell reported on various alternatives to the overlay zone which were considered by the committee. The Council held general discussion regarding implementation of the overlay zone and what types of development would be allowed. Councilman Lacayo expressed concern that the resi- dential portion of a project might be developed and without requirements guaranteeing commercial development the rest of the property could remain undeveloped. The Planning Director indicated that guarantees for commercial development could be included as conditions of the use permit or as a require- ment in the Zoning Ordinance. Councilman Hudson recommended the deletion of the 200 foot requirement for commercial development since he felt it would limit a developer from developing more of the property for commercial use and the requirement might result in the same type of development which has been occuring along the frontage of parcels. He felt elimination of the requirement would provide more flexibility and allow larger scale development. It was moved by Councilman Hudson and seconded by Councilman Harvey to close the public hearing, concur with the findings of the Planning Commission, adopt the following Resolution by title only, title as follows, and delete Section 12.6o3 B from the ordinance regarding the 200 foot minimum requirement for commercial use along the frontage of parcels: RESOLUTION NO. 1851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 77-1. The Council held further discussion regarding the deletion of the 200 foot requirement. The City Attorney recommended that the deletion of the requirement should be referred back to the Planning Commission for review and comment. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: I COUNCILMEN: Lacayo ABSENT: 1 COUNCILMEN: Sonju Hudson & MacLain CONTINUATION OF PUBLIC HEARING RE: ZONE CHANGE #77-2: Mayor MacLain opened the hearing and asked for the staff report. The Planning Director reported that staff's comments regarding General Plan Amendment #77-1 related to the proposed zone change which would establish the overlay zone for various parcels on Lincoln Avenue. Staff's recommendation was that the Council approve the amendment to the Zoning Ordinance to establish the overlay zone and approve the various amendments to the Zoning Ordinance text as outlined in the staff's report and as approved by the Planning Commission, with the deletion of Section 12.6.3 B which contains the requirement for a minimum 200 feet of commercial use. Mayor MacLaln asked if one wished to speak in to speak in opposition. anyone wished to speak in favor. No favor. She asked if anyone wished Mr. Joe Hardcastle, 4588 Blanca Drive, felt the elimination of the 200 foot requirement would promote depressed, unviable commercial development. He felt harassment by the City is the reason Lincoln Avenue has not been developed. City Council Minutes April 11, 1977 Mrs. Vickie Evans, 9326 Cambridge, Cypress, indicated she was in favor of the zone change but asked that the staff protect the appearance of Lincoln Avenue. She recommended that, since the ordinance will not contain the strict require- ment for 200 feet of commercial use, the Council adopt a policy to give guidance to developers as to what type of development they would like to promote on Lincoln Avenue. She felt it would be frustrating to developers and create an undesirable atmosphere for development if they submit and have applications for residential development rejected by the City. Councilman Hudson felt that by imposing the combining zone over the entire parcel the City will be able to review development plans for the entire depth of the property. Mr. Alex Bell, 9461 Grindlay Street, stated he was concerned that developers should not be misled and felt they should be aware the City prefers commercial development. He felt there was little likelihood that a residential use would be constructed above a commercial use since few lenders would lend on this type of project. It was moved by Councilman Hudson and seconded by Councilman Harvey to close the public hearing, approve Zone Change #77-2 subject to the removal of the 200 foot requirement, 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 ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY ESTABLISHING AN OVERLAY ZONE FOR VARIOUS PARCELS ALONG LINCOLN AVENUE AND KNOWN AS ZONE CHANGE NO. 77-2. Councilman Lacayo recommended that the Planning Commission review the deletion of the 200 foot requirement and that the Council adopt a policy to indicate to developers that they are primarily interested in commercial development. The City Attorney stated the Planning Commission may have comments on a proposed development policy and he suggested that both matters be referred to the Commission. Councilmen Hudson and Harvey agreed to amend the motion to refer the ordinance to the Planning Commission for a report on the proposed change in Section 12.6.3. B and for suggestions with respect to a policy statement concerning development in the combining zone. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lac aye & MacLain RECE§~: Mayor MacLaln called a recess at 10:4§ p.m. The meeting was called back to order at 11:00 p.m. with Council- woman Sonju absent. Hearing no objections, Mayor MacLain took Item #19 out of ora er. City Council Minutes April I1, 1977 151 CONTINUATION OF CONSIDERATION OF REQUEST FROM HOMEOWNER ON SONWELL PLACE FOR INSTALLATION OF UNDERGROUND STORM DRAIN (TRACT #9743): The Public Works Director summarized a report dated April 7 which indicated an agreement was reached whereby the property owner at 9592 Sonwell Place and the City will share in the cost of installing an underground storm drain pipe, in lieu of the existing open channel, in the City storm drain easement across from Lot #27 of Tract #5660. The property owner agreed to be responsible for clearing, clean up and back- fill which amounts to $4,747 of the cost and the City's cost would be $5,248. Staff felt the underground storm drain would provide a public benefit by eliminating cleaning costs for the open channel and vandalism and objectionable conduct which has taken place in the channel. The staff report outlined the construction work which is necessary and staff presented a map showing the location of the channel. Mr. Genaro Monreal, 9592 Sonwell Place, Cypress, presented photographs of the open channel. He reported there have been numerous problems with children and they removed one wall. He stated he spoke with the Maintenance Department of the Anaheim Union High School District and they indicated support for the closure. Mr. Monreal stated the construction will beautify the street and he hoped the Council will approve the request. Mr. Monreal stated he considered the fact that the improvement may increase his property taxes but he felt it was worthwhile. It was moved by Councilman Harvey and seconded by Councilman Hudson to approve the installation of an underground storm drain in the City storm drain easement on Lot 27 of Tract 5660 as outlined in the staff report and authorize inclusion of $6,000 in the 1977-78 fiscal year capital improvements program for the storm drain. 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 In regard to Item #9 on the Consent Calendar, Consideration of Resolution Approving in Principle the Concept of a Risk Pooling Program with Other Orange County Cities, Councilman Harvey felt there was a conflict between the res,olution and staff report which states insurance savings may be possible with such a program. He suggested that the resolution be changed to state that "a pooling of efforts among cities may, not will, result in a greater stability of insurance coverage. It was moved by Councilman Harvey and seconded by Councilman Lacayo to adopt the following Resolution, as corrected, by title only, title as follows: RESOLUTION NO. 1852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING IN PRINCIPLE THE ESTAB- LISHMENT OF A JOINT POWERS AGENCY FOR ORANGE COUNTY CITIES. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain lS~City Council Minutes April 11, 1977 In regard to Item #14 on the Consent Calendar, Consideration of Authorization for Councilwoman Sonju to Attend California Symposium on the Statewide Urban Development Strategy, it was moved by Councilman Harvey, seconded by Mayor MacLain and unanimously carried to continue the matter and request that Councilwoman Sonju present the Council with a written report expressing her position on the issues of the Statewide Urban Development Strategy. CONTINUATION OF CONSIDERATION OF REORGANIZATION OF CITY COUNCIL: The City Manager presented a report dated April 7 indicating reorganization was continued from the March 28 meeting. Councilman Harvey moved to continue reorganization until a full Council is present. The motion died for lack of a second. Mayor MacLain resigned as Mayor and Councilman Hudson resigned as Mayor Pro Tem. Councilman Harvey asked for an indication of those Council members who were not interested in serving as Mayor. Council- men MacLain and Harvey stated they were not interested in serving as Mayor. The meeting was turned over to the City Clerk who asked for nominations for Mayor. Councilman Harvey nominated Councilman Hudson as Mayor. Councilwoman MacLain nominated Councilman Lacayo as Mayor. Councilman Lacayo declined the nomination and stated he supports Councilman Hudson as Mayor. Councilwoman MacLain withdrew the nomination. It was moved by Councilman Lacayo woman MacLain to elect Councilman ballot. and seconded by Council- Hudson as Mayor by unanimous The City Clerk turned the meeting over to Mayor Hudson who asked for nominations for Mayor Pro Tem. Councilwoman MacLain nominated Councilman Lacayo as Mayor Pro Tem. Councilman Harvey nominated Councilwoman Sonju as Mayor Pro Tem. The motion to elect Councilman Lacayo as Mayor Pro Tem carried with Councilman Harvey voting no. Mayor Hudson presented Councilwoman MacLain with a Mayor's plaque in recognition of her serving as Mayor for two terms from 1975 through 1977. Councilman Lacayo suggested honored with a special token the Bicentennial year. that Councilwoman MacLain be for having served as Mayor during CONTINUATION OF CONSIDERATION OF RESOLUTION ESTABLISHING POLICIES AND PROGRAMS IN SUPPORT OF WATER CONSERVATION: The City Manager presented a report dated April 7 which transmitted a resolution urging water conservation through various methods. Councilman Harvey requested that the resolution include a reference to aerating lawns as a water saving practice. He also requested that the Council members consider making appearances at meetings of community organizations and schools to emphasize the importance of water conservation. 9 o City Council Minutes April 11, 1977 It was moved by Councilwoman MacLain and seconded by Council- man Lacayo to adopt the following Resolution by title only, title as follows, and include Councilman Harvey's suggestion regarding the aerating of lawns: RESOLUTION NO. 1853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING POLICIES AND PROGRAMS IN SUPPORT OF WATER CONSERVATION. 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 It was moved by Mayor Hudson, seconded by Councilwoman MacLain and unanimously carried to continue with the agenda until 12:00 CONTINUATION OF CONSIDERATION OF COMPLAINT REGARDING HYATT DIE CAST: The City Manager presented a report from the Public Works Director dated April 7 in response to complaints made at the March 28 Council meeting regarding possible production work taking place on Sunday and possible non-compliance with O.S.H.A. regulations for employees. Staff reported that the work on Sunday involved moving a furnace from the rear building as was ordered by the City. Mr. Rudy Lloyd, Controller at Hyatt Die Cast, reported to staff that the plant complies in every respect with O.S.H.A. rules. It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to receive and file the report. CONSIDERATION OF APPOINTMENT TO THE PLANNING COMMISSION: The City Manager presented a report dated April 7. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to appoint Mr. Scott Adler to the Planning Commission by unanimous ballot. Mayor Hudson congratulated Mr. Adler on his appointment. CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS; AUTH- ORIZATION TO ADVERTISE FOR BIDS ON KATELLA AVENUE~ FROM LEX- INGTON DRIVE TO 560 FEET EAST OF SIBONEY STREET~ F.A.U. PROJECT #6269, CITY OF CYPRESS PROJECT #7623-10: The City Manager presented a report from the Public Works Director dated April 5 describing the project which will include construction of storm drain structures, concrete curb and gutter and asphalt pavement, and a traffic signal and safety lighting at Katella and Siboney Street. The project cost will be shared with the F.A.U. program, City of Los Alamltos, and Los Alamitos Race Track. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the plans and specifications for the improve- ments of Katella Avenue from Lexington Drive to S60 feet east of Siboney Streets F.A.U. Project #6269s City of Cypress Project #7623-10, and authorize the City Clerk to advertise for bids with bid date to be set after receipt of approval from the Federal Highway Administration. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain 10. City Council Minutes April 11, 1977 CONSIDERATION OF ACCEPTANCE OF FINAL TRACT MAP #9593: The City Manager presented a report from the Public Works Director dated April 5 regarding acceptance of the final tract map for property on the west side of Graham Street, south of Orange Avenue. The Planning Director presented a report dated April 11 and indicated Council approval of the revised tentative tract map is necessary because the original tenta- tive map showed minor errors in the lot and driveway dimensions which were discovered when the final map was submitted by the developer. The Planning Commission on April 7 approved the revised tentative tract map subject to conditions that the developer devise a plan to protect the wall from vehi- cular damage which might occur because of the substandard driveway width and post a cash bond to guarantee construction of any protective device before the final map is signed. Mayor Hudson reported he attended the Commission meeting and heard the discussion on this item. The required driveway width is 25 feet while the driveway was constructed at 23 1/2 feet in width. He stated the Commission's discussion centered around the difficulty of protecting the wall. Mayor Hudson recommended a condition that the CC&R's contain a notification to potential buyers of the substandard drive- way entrance to the garages. Councilwoman MacLain moved to approve the revised tentative tract map subject to the conditions imposed by the Planning Commission and the condition that the CC&R's include the notice to buyers of the substandard driveway width. The City Attorney stated the Council cannot approve the final map since it cannot certify that all conditions of the tenta- tive map have been met and he suggested that the Council con- tinue the final map. Mr. Doug Powery, 3723 Birch Street, Newport Beach, repre- senting MEB Investments, the developer, stated it was his understanding that the staff and subdivider would meet and devise a plan for protection of the wall prior to signing of the final map. The Council continued this matter while the City Attorney checked the City Code. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants #45152 through #45336 in the total amount of $215,077.86. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain SECOND READING OF ORDINANCE RE: ZONE CHANGE #77-3: Hearing no objections, read by title Mayor Hudson ordered the following Ordinance only, title as follows: ORDINANCE NO. 595 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-10000 TO RM-20/A AND CH-10000 AND KNOWN AS ZONE CHANGE NO. 77-3. 11. City Council Minutes April 11, 1977 It was moved by Councilman Lacayo and seconded by Council- woman MacLain to adopt Ordinance No. 595. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain SECOND READING OF ORDINANCE RE: ZONE CHANGE #77-1: Hearing no objections, Mayor Hudson ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 596 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 ON A CERTAIN PARCEL OF LAND FROM CG-10000 COMMERCIAL GENERAL TO RS-6000 RESIDENTIAL SINGLE FAMILY AND KNOWN AS ZONE CHANGE NO. 77-1. It was moved by Councilwoman MacLain and seconded by Mayor Hudson to adopt Ordinance No. S96. Mayor Hudson reported on an item which he felt may be of concern to the Council regarding the single-family residential development proposed under Zone Change #77-1. Mayor Hudson stated he was in attendance at the April 7 Planning Commission meeting when design review for the tract was considered and he reported on the discussion relating to the placement of one and two-story dwellings within the tract especially with regard to potential conflicts with the commercial center and adjacent tennis courts. The Planning Director presented a plot plan of the residential development and described the two options suggested by the developer for the placement of one and two-story homes. The motion to adopt Ordinance No. 596 carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: ABSTAINING: 1 COUNCILMEN: Harvey, Hudson & MacLain None Sonju Lacayo Councilwoman MacLain appealed the action taken by the Planning Commission under the design review section of the Zoning Ord- inance pertaining to Tract #9745, southwest corner of Valley View and Orange Avenue. Hearing no objections, Mayor Hudson announced that the Council would continue with the agenda items. With regard to revised tentative tract map #9593, the City Attorney suggested that the Council first approve the tenta- tive map with the conditions. He suggested that the Council then approve the final map subject to the same conditions and direct the City Clerk and City Engineer not to sign the map until the developer has posted the bond and revised the CC&R's. He recommended that the developer waive the right to obtain approval of the map by the City Engineer and City Clerk until he complies with all conditions imposed by the Council and Commission. He stated the applicant indicated he would waive this right. 12. City Council Minutes April 11, 1977 It was moved by Councilwoman MacLain and seconded by Mayor Hudson to approve tentative tract map #9593 subject to the conditions that the developer post the bond guaranteeing con- struction of the wall protection and provide notice in the CC§R's to potential buyers of the substandard driveway width. 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 Mr. Doug Powery, representing MEB Investments, agreed to waive the right to compel the signatures of the City Engineer and City Clerk on the final tract map until the developer complies with all conditions as recommended by the Planning Commission and City Council. It was moved by Councilwoman MacLain and seconded by Mayor Hudson to approve final tract map #9S93 with the condition that the City Engineer and City Clerk will not sign the final map until the developer complies with the conditions regarding posting of the bond and revision to the CC&R's. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain SECOND READING OF ORDINANCE RE: BINGO GAMES: Hearing no objections, Mayor Hudson ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 1SC-lO AND 17-7 OF THE CODE OF THE CITY OF CYPRESS RELATING TO BINGO GAMES. It was moved by Councilman Lacayo and seconded by Council- woman MacLain to adopt Ordinance No. S97. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain CONSIDERATION OF OPPOSING SB 105 ARTS AND CULTURAL COMMISSION: The City Manager presented a report from the Recreation and Park Director dated April 6 regarding SB 105, bill, which proposed the elimination of over missions. the "Sunset" 100 State com- It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to continue this item to the April 25 meeting and request that the Council be provided with a copy of SB 10S and an analysis by staff. CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMERCIAL WARRANT LISTS: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the District Warrant List for Warrants #6437 through #6485 in the total amount o~ $26,201.1§. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo 5 MacLain 13. City Council Minutes April 11, 1977 157 CONSIDERATION OF PLANNING COMMISSIONERS' ATTENDANCE AT ENERGY SEMINAR: The Planning Director reported that two Planning Commissioners were interested in attending the energy seminar to be held April 50 through May 2 in Palm Springs but there were insufficient funds for the second Commissioner's attendance. He stated the seminar would cover various forms of energy, including solar energy, and conservation of energy. It was moved by Councilman Lacayo and seconded by Council- woman MacLain to appropriate $250.00 for the Planning Commis- sioners' attendance at the energy seminar. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain CONSIDERATION 0P SB 164: Councilman Harvey stated that the City Council took a position in opposition to SB 164 (con- cerning compulsory binding arbitration for safety personnel) and despite their communication requesting support, Senator Paul Carpenter voted in favor of the bill. It was moved by Councilman Harvey and seconded by Council- woman MacLain to direct a letter to Senator Paul Carpenter expressing the Council's disappointment in his position rela- tive to SB 164, pointing out the possible financial impact to the City of Cypress and/or loss of municipal services in the event of the bill's adoption, and pointing out the inter- relationship between compulsory arbitration and the level of taxation and municipal services provided to residents of local communities. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson, Lacayo & MacLain CONSIDERATION OF REPORT ON CITY COUNCILMEN'S ATTENDANCE AT PLANNING COMMISSION MEETING: Mayor Hudson indicated that his attendance at the Planning Commission meeting on April 7 was both interesting and valuable, however, he stated it was difficult to refrain from participating. The Council recog- nized that their participation at a Commission meeting could be detrimental to applicants. It was moved by Mayor Hudson, seconded by Councilman Lacayo and unanimously carried to clarify the Council's policy that a Councilman attending a Commission meeting and a Commissioner attending a Council meeting are to act as observers and not participate in the meeting. ORAL COMMUNICATIONS: Mrs. Christine Luster, 6519 Dominica Avenue, Cypress, congratulated Mayor Hudson and Mayor Pro Tem Lacayo on their appointment. She inquired if the Council prepared a resolution of commendation for Mr. and Mrs. Morio for their donation of over 90 trees to the City of Cypress. The Council advised her that a resolution was prepared. Mr. Richard Partin, 11456 Culebra Street, Cypress, president of College Park Homeowners Association, expressed dissatis- faction with the deficient service provided the City by the Orange County Animal Control Services and he asked why the contract was renewed when the animal control is inadequate. The Council held brief discussion on the animal control services. The staff indicated they have been disappointed with the service in several areas and that joint efforts with neighboring cities for animal control had been previously considered. 14. City Council Minutes April 11, 1977 It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to request the Mayor to address a letter to the Orange County Animal Control inquiring about their level of service and where and how tax dollars are spent for animal control. EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 12:35 a.m. for matters of personnel. The meeting was called back to order at 12:45 a.m. with Councilwoman Sonju absent. The Council agreed to schedule the next budget workshop for Monday, April 18 at 4:00 p.m. in the administrative conference room, ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to adjourn the meeting at 12:47 a.m. to Monday, April 18 at 4:00 p.m. in the adminis- trative conference room. MAYOR OF THyCITY OF CYPRESS ATTEST: 15.