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Minutes 77-04-25MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD April 25, 1977 OF The regular meeting of the Cypress City Council was called to order at 6:50 p.m. on Monday, April 25, 1977, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: Councilmen Harvey, MacLain and Hudson ABSENT: Councilmen Sonju and Lacayo Also present were City Manager/City Clerk Darrell Essex, Deputy City Attorney Elizabeth Strauss, and the following City staff members: Bryant, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: flag. The City Manager led the pledge to the PRESENTATIONS: Mayor Hudson read and presented a resolution of commendation to Hiroko and Akira Morio in appreciation for their donation of over 90 trees to the Cypress Park District. The Recreation and Park Director presented a plaque to Mrs. Morio naming her an Honorary Member of the Recreation Division and he presented a plaque to Mr. Morio naming him an Honorary Member of the Parks Division. Mayor Hudson read and presented a resolution of commendation to Coach Donald Johnson and co-captains Tyrone Branyon and Jim Sergeant of the Cypress College Chargers basketball team commending the team's out- standing athletic excellence in winning the California State Community College Basketball Championship on March 19. Mayor Hudson and Arts and Cultural Commission Chairwoman Jeanne Hawkins presented award plaques to Tammy Pritchett, a Cypress High School senior who won the Scholarship/Purchase Award in the Second Student Juried Art Exhibit held March 14-18, and to Marg Hodgson who won the City Purchase Award of $500 in the Second Annual Juried Art Exhibit held March 26-April 1. The City Manager administered the oath of office to Mr. Scott Adler, recently appointed to the Planning Commission, and Mayor Hudson presented him with a certificate of appointment. COUNCILMAN LACAYO ARRIVED AT 6:55 P.M. Mayor Hudson welcomed Arts and Cultural Commission Chairwoman Jeanne Hawkins and Planning Commission Vice Chairman Robert Van Allen to the meeting. ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Jim Arras, 9100 Whitney Way, Cypress, asked that the con- tinuing noise and heavy vibration at Hyatt Die Cast be investi- gated. He complained about the noise level and P.A. system noise at night. Mrs. Wilma Wilson, 9190 Whitney Way, Cypress, reported she contacted the OSHA Santa Aha office who indicated they have never inspected the north building at Hyatt Die Cast. She felt the employee working conditions should be investigated and reported the vibrations are causing structural damage to homes in the area. C~ty Council Minutes April 25, 1977 The staff stated they would investigate the noise and vibration complaints. MINUTES: It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to approve the minutes of April 11. STAFF REPORTS & DISCUSSIONS: The City Manager requested an Executive Session for matters of litigation. He suggested that the Recreation and Park District items be moved up on the agenda in accordance with the Council's policy. At Councilwoman MacLain's request, the Mayor added Item #36 to the agenda regarding possible nuisance abatement for property at the southeast corner of Orange Avenue and Grindlay Street. CONSENT CALENDAR: Mayor Hudson 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. No Councilman wished to remove an item. It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to approve Items #6 through on the Consent Calendar. #18 Item #6: Consideration of a Request from the Association of Orange County to Proclaim May, Health Month. Mental Health 1977 as Mental Recommendation: That month of May, 1977 as Cypress. the Mayor and City Council proclaim the "Mental Health Month" in the City of Item #7: Consideration of a Request from the Department of Social Services, County of Orange, to Proclaim May 15-21, 1977 as Foster Parent Recognition Week. Recommendation: That the Mayor and City Council proclaim the week of May 15-21, 1977 as "Foster Parent Recognition Week" in the City of Cypress. Item #8: Consideration of a Request from the Cypress Twirlers for Permission to Use the City Council Chambers Plaza Area for Square Dancing on July 2, August 6 and September 3, 1977. Recommendation: That the Mayor and City Council approve the request of the Cypress Twirlers for use of the City Council Chambers Plaza on July 2, August 6, and September 3, 1977 between the hours of 7 p.m. and 11:30 p.m. Item #9: Consideration of a Request from the St. Irenaeus Fiesta Committee for Waiver of Fees for the St. Irenaeus Catholic Church Annual Fiesta. Recommendation: That the City Council grant the request to waive all required fees for the St. Irenaeus Catholic Church Annual Fiesta on June 18 and 19, 1977, with the condition that no fee building and electrical permits be obtained for carnival activities. Item #10: Consideration of a Request from the Lung Association of Orange County to Proclaim May 1-7, 1977 as Clean Air Week. Recommendation: That the Mayor and City Council proclaim the week of May 1-7, 1977 as "Clean Air Week" in the City of Cypress. City Council Minutes April 25, 1977 Item #11: Consideration of Renewal of Contract for Auto Tow Service, Cypress Auto Tow. Recommendation: That the City Council authorize the City Manager to renew the contract for auto tow services with Cypress Auto Tow for the period of July 1, 1977 to June 30, 1978 with no change in the provisions of the contract. Item #12: Consideration of Notification of the Health Depart- ment Enforcement Rates for Fiscal Year Beginning July 1, 1977. Recommendation: Receive and file. Item #13: Consideration of a Request to Support HR Bill 3601 Providing Funding for Animal Control Clinics. Recommendation: That the City Council authorize the City Manager to notify the appropriate Congressmen that the City Council of the City of Cypress is in support of HR 3601 per- taining to animal control. Item #14: Consideration of Resolution from the Board of Super- visors of the City and County of San Francisco Expressing Oppo- sition to sg 42, the Determinate Sentencing Act of 1976. Recommendation: That the resolution expressing opposition to SB 42, the Determinate Sentencing Act of 1976, as drafted and urging immediate emergency amendments, be received and filed and that the City Manager request further analysis and recom- mendations be made by the League of California Cities. Item #15: Consideration of Support for AB 389 Concerning the Guidelines for Local Housing Elements. Recommendation: That the City Manager be authorized to notify the appropriate State Legislators of the City Council's support for AB 389 relating to local housing elements. Item #16: Consideration of Communication from the League of California Cities Requesting Opposition to SB 12 Regarding the Property Tax Reform. Recommendation: That the City Council authorize the City Mana- ger to notify the appropriate State Legislators of the City Council's opposition to SB 12 relating to property tax reform. Item #17: Consideration of Appointments to the Youth Commission. Recommendation: That the City Council instruct the staff to advertise at selected junior and senior high schools and local newspapers for applicants for the vacancies on the Youth Commis- sion and report back to the Council at its May 9, 1977 meeting. Item #18: Consideration of Actions Relating to the Natural Gas Shortage. Recommendation: Receive and file. Mayor Hudson inquired if persons in the audience were present for a specific item and stated those items would be taken out of order. CONTINUATION OF CONSIDERATION OF TENTATIVE TRACT MAP #9849 DR. ROBERT NEVIN (C.U.P. #76-16): The Planning Director 3 o City Council Minutes April 25, 1977 presented a report dated April 19 and stated the applicant filed for a new conditional use permit and a tentative tract map to develop a 14-unit condominium project on the north side of Orange Avenue, east of Valley View Street. He stated the plans were basically the same as those for the previously approved apartment project which the applicant proposed to convert to condominiums. He reported the development plan with minor modifications, use permit and tract map were approved by the Planning Commission on April 21. He reported the one Commissioner who disapproved the plan was opposed to the driveway separating the units from the garages. Dr. Robert Nevin, P. O. Box 5328, Fullerton, asked for a clarification of the condition which requires that each garage unit be assigned an individual parcel number and whether an irrevocable easement could be granted instead. Staff indicated they preferred the parcel designation to be in conformance with regular subdivision procedures. Dr. Nevin stated he agreed with all of the conditions. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 9849 WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson CONSIDERATION OF TENTATIVE TRACT MAP #9?43 - DESIGN REVIEW: The Planning Director presented a report dated April 19 indi- cating the City Council on April i1 appealed the Planning Commission's approval of the plot plans and elevations for the residential portion of the project proposed at the southwest corner of Orange Avenue and Valley View Street. He reported the Commission approved the floor plans, elevations and the layout of single-family dwellings which proposed one and two story homes on the west side of the street, one story homes on the cul-de-sac lots and on the east side of the street except for the two northernmost lots (lots #18 and 19). Lots #18 and 19 are located adjacent to an entrance to the commercial portion from Orange Avenue. The east side of the street is adjacent to the commercial area. The Planning Director reported the appli- cant submitted an alternate layout plan consisting of the same layout on the west side but with a two story home on the cul-de- sac lot (Lot #11) and a mix of one and two story homes on the east side of the street. The Commission approved the alternate layout except that Lot #11 was designated for a one story house. Mr. Jerry Reynolds, 2507 Lighthouse Lane, Corona del Mar, the applicant, reported the alternate plan was submitted because they preferred a balance of one and two story homes on both sides of the street from an aesthetic and marketing standpoint. He reported a five foot wide landscaping buffer will separate the residential and commercial developments. The Planning Director indicated staff was not concerned about the two story homes overlooking the commercial area since the prospective buyers will be aware of the commercial use. He City Council Minutes April 25, 1977 reported a six foot high wall above the final grade and land- scaping will screen the commercial area and trash areas for the stores will be located near the center of the commercial area and will not be visible to the residential area. Councilwoman MacLain stated she was satisfied with the layout plan approved by the Commission. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve design review for the residential development proposed by Tentative Tract Map #9743. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson CONSIDERATION OF PROPOSED BUSINESS LICENSE ORDINANCE: The City Manager presented a report from the Administrative Coor- dinating Team which transmitted the ordinance and a report analyzing new sections and the impact of the proposed tax rate structure on different categories of business. Staff recommended that a public hearing on the ordinance be held May 9. Councilman Lacayo suggested that the ordinance be continued to a work session with the Chamber of Commerce. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to continue the ordinance to a work session with the Chamber of Commerce. Mr. Rudy Lloyd, representing the Cypress Chamber of Commerce, reported the Chamber set up a committee which reviewed the ordinance and he stated they would like to discuss it with the Council. He reported they have not polled Chamber members regarding the ordinance and that the committeets main concern was with the proposed tax rate schedule. Councilman Harvey inquired how the City would collect business license fees if the ordinance was not enacted prior to July 1. The Finance Officer stated that if the ordinance was enacted after July 1, then businesses whose fees are due July 1 would pay the current fee and new businesses which start in the City after the adoption of the new ordinance would pay at the new schedule. Mr. Lloyd stated the committee felt the proposed ordinance was discriminatory to all large businesses whose fees would be increased considerably. He stated the ordinance will have a severe impact on 3 to 4% of businesses and will not adversely affect the rest. COUNCILWOMAN SONJU ARRIVED AT 7:55 P.M. Ms. Daryle Ellwart, manager of the Chamber of Commerce, stated they were concerned about how the ordinance will affect future businesses and the economic growth of the City. Mayor Hudson stated he would like a formal staff presentation on the ordinance and Councilman nacayo suggested that the work session be held May 2 at the Community Center with the Chamber committee. A substitute motion was moved by Councilwoman MacLain and sec- onded by Councilman Lacayo to continue consideration of the City Council Minutes April 25, 1977 169 proposed business license ordinance to a workshop session on May 2 at 7:30 p.m. at the Community Center, request that the Chamber of Commerce poll those members who would be most affected regarding their feelings about the ordinance, and that staff prepare a comparison chart of rates charged by other Orange County cities, an explanation of rates which were used to determine the rates in the proposed ordinance, and provide the Council and Chamber with this information as well as a copy of the current business license ordinance and other ordinances which were used in developing the proposed ordinance. Councilman Harvey stated he supported the intent of the motion but would vote against it since he could not attend the work- shop meeting on May 2. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None MacLain, Sonju & Hudson CONSIDERATION OF AN APPEAL OF COMMUNITY CENTER FEE WAIVER ROCKING HORSE GUILD: The City Manager presented a report from the Recreation and Park Director dated April 20 indicating the Recreation and Park Commission denied a request for waiver of fees for use of the Community Center for a fund raising event by the Rocking Horse Guild and this action was appealed. Mrs. Vickie Evans, 9326 Cambridge Street, Cypress, president of the Rocking Horse Guild, reported they will serve beer and wine at the Country Store and Auction scheduled for November 5 which will benefit Children's Hospital of Orange County. She reported the Guild is truly non-profit, with 100% of profits going to the hospital and none used for the benefit of any member. She noted that some organizations which classify them- selves as non-profit use funds for members for such things as conventions, luncheons or special meetings. She felt any organization which is truly non-profit with a majority member- ship of Cypress residents should be exempt from fees for use of the Community Center. Mr. Francis Boykin reported that the Cypress Woman's Club uses ways and means funds directly as contributions and dues are used for operating expenses like the Rocking Horse Guild. Mrs. Jeanne Hawkins reported the American Association of University Women uses all funds for their cause and none are used for members. Mr. Bob Simmons stated the Cypress Boys' Club has a paid director but the function of a paid director would be different from the criteria suggested by Mrs. Evans. Mr. Hilliard Warren, 5275 Vista Real, Cypress, supported the request by the Guild and felt their cause involves life and death situations. Councilman Lacayo felt the Community Center use policy should be reviewed with consideration given to organizations which meet the non-profit criteria. Councilwoman Sonju felt there should be a distinction between general and non-profit organi- zations. It was moved by Councilwoman Sonju and seconded by Councilman nacayo to waive the $50 fund raising fee and $25 set-up and take-down fee for the Rocking Horse Guild's Country Store and Auction event and request that the Recreation and Park Commis- sion review the entire use policy for the Community Center and determine a policy and definition for non-profit organizations which could qualify for a waiver of fees. City Council Minutes April 25, 1977 Councilwoman MacLain stated she did not support the motion since she felt a problem would arise when other non-profit organizations determine they are worthy of a waiver. She was concerned that expenses for use of the Community Center by these small groups will be borne by all taxpayers. Mayor Hudson felt the waiver represented a contribution of City funds to a particular organization which appeared to be favoritism on the part of the Council. He supported a reexamination of the fee schedule for use of the Community Center. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 2 COUNCILMEN: MacLain ABSENT: 0 COUNCILMEN: None Lacayo & Sonju & Hudson RECESS: Mayor Hudson called a recess at 9:05 p.m. The meeting was called back to order at 9:15 p.m. with all Councilmen present. CONTINUATION OF CONSIDERATION OF OPPOSING SB 105 - ARTS AND CULTURAL COMMISSION: The City Manager presented a report from the Recreation and Park Director dated April 20 indicating the Recreation and Park Commission reconsidered its position relative to SB 105, the Sunset Bill, and, rather than oppose the bill, they determined to support the continued funding of the Calif- ornia Arts Council. The Commission indicated they do not oppose the review of California commissions as the bill proposes. Councilwoman Sonju stated she would abstain on the motion since she did not have sufficient information to support the funding of the California Arts Council although she did support the Arts and Cultural Commission. It was moved by Councilman Lacayo and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS IN SUPPORT OF THE CALIFORNIA ARTS COUNCIL'S 1977-78 FISCAL YEAR BUDGET PROPOSAL. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: MacLain ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju Lacayo & Hudson Councilwoman MacLain stated she voted no because she wished to have information from the Arts and Cultural Commission re- garding their position. At Councilwoman Sonju's request, the Mayor added Item #32a to the agenda regarding use of Nature Park, and Item #37 regarding Councilwoman Sonju's attendance at the California Symposium on the Statewide Urban Development Strategy. CONSIDERATION OF NEW PROGRAMS AND FEES: The City Manager pre- sented a report from the Recreation and Park Director dated April 20 indicating the Recreation and Park Commission recom- mended the following new programs and fees: Nature Park Insect Collection and Study - $S.00; Aquatics Lessons: residents $7.50, non-residents $9.00, and lifesaving - $10.50; and a Junior Theater and Adult Theater Arts Workshops $8.00. The Council also held discussion regarding Item #32a. Council- woman Sonju felt there should be at least one recreation facility in the City which is unregulated and she recommended that the Nature Park be open for use at the convenience of residents and for children's play and not open only for scheduled, guided tours. The Council discussed the dangers and liability of having no regulations for use of the Nature Park facility, which is a flood retarding basin. Councilwoman Sonju stated she was not suggesting that it be open during winter, the rainy season or after dusk and she felt the Engineering Department could con- struct safeguards for the pump area. Mayor Hudson suggested the elimination of fees for Cypress resi- dents for the aquatics program since the program relates to the health and safety of residents. The Recreation and Park DSrector stated that charging a fee encourages persons to attend the program on a regular basis. He also stated residents can apply for a waiver of the fee if they are unable to pay. Council- woman Sonju suggested charging reduced fees to Cypress residents to minimize the reduction in fees to the District. Councilman Lacayo stated he would like to know the percentage of non- residents who participate in the aquatics program. Councilwoman Sonju moved to request the Recreation and Park Commission to review the open use of the Nature Park on the condition that it not be open during the winter or after dusk. The motion died for lack of a second. It was moved by Councilman ttarvey and seconded by Councilman Lacayo that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, ratify the recommendations of the Recreation and Park Commission by approving the new programs and fees as outlined in the staff report. The motion carried by the following ro]l call vote: AYES: 3 COUNCILMEN: Harvey, Lacayo & NOES: 2 COUNCILMEN: MacLain & Hudson ABSENT: 0 COUNCILMEN: None Sonju It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to request the Recreation and Commission to study the possibility of expanded use of the Nature Park. Park CONSIDERATION OF SB 174, GRANT APPROPRIATION: The City Manager presented a report from the Finance Officer dated April 21 which outlined appropriations which are necessary to share in the cost of capital projects to be funded with SB 174 (Open Space and Recreation) funds. The state requirement is that the local agency finance 25% of the cost of an SB 174 project with the state financing 75%. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, appropriate general funds and SB 174 funds as follows: Restroom Refurbishing Project $1620 from the General Fund and $4860 from SB 174 fund; Backstop Refurbishing Project $1886 from the General Fund and $5656 from the SB 174 fund; Bleacher Repair $478 from tile General Fund and $1433 from the SB 174 fund; and Chain Link Partition Project $124 from the General Fund and $371 from the SB 174 fund. The motion unanimously carried by the fo]lowing roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju City Council Minutes April 25, 1977 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 #6486 through #6S46 in the total amount of $44,373.0S. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson CONSIDERATION OF AWARD OF CONTRACT FOR RESTROOM REFURBISHMENTS, REQUEST FOR QUOTATION #7677-15RP: The City Manager presented a report from the Finance Officer dated April 21 outlining two bids received for the refurbishments at Arnold/Cypress Park. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, accept the bid from Niagara Plumbing, 13101Brookhurst, Garden Grove, California, as the lowest responsible bid and award them the contract in an amount not to exceed $6,479.40. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju CONSIDERATION OF AWARD OF CONTRACT FOR BACKSTOP REFURBISHMENT, REQUEST FOR qUOTATION #7677-12RP: The City Manager presented a report from the Finance Officer dated April 21 indicating bids were requested from three vendors and only one bid was received. Staff reported that the bid was submitted by the contractor who installed the playground equipment for the Bond Issue projects and they felt the bid was fair and competitive. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, accept the bid of Wakefield and Associates, 1100 Quail Street, Newport Beach, California, as the sole bidder and award them the contract in an amount not to exceed $7,542.00. The motion unanimously carried by the following roll call vote: AYES: S COUNCILMEN: Harvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju CONTINUATION OF CONSIDERATION OF A REPORT FROM THE PLANNING COMMISSION RE: ZONE CHANGE #77-2: The staff requested that this item be continued to the May 9 meeting. It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to continue the matter regarding Zone Change #77-2 (Lincoln Avenue Overlay Zone) to May 9. CONSIDERATION OF CITY COUNCIL APPOINTMENTS: The City Manager presented a report dated April 21 outlining present City Council appointments to various organizations and indicating that the Council's policy has been to review the appointments following reorganization. City Council Minutes April 2S, 1977 ' '( ~ Mayor Hudson stated he did not wish to make any changes with the exception that Councilwoman MacLain be appointed the voting representative to the League of California Cities, Orange County Division. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Mayor's appointments. Councilman Harvey stated he resigned as the representative to the Santa Aha River Flood Protection Agency and that he did not wish to serve as the representative or alternate. Councilwoman Sonju asked that her designation as the SCAG alternate be changed to the League voting representative since she has never served in this capacity. A substitute motion was moved by Councilwoman Sonju and seconded by Councilman Harvey that Councilwoman Sonju be named the voting representative to the Orange County Division, League of Calif- ornia Cities. Councilman Lacayo clarified that his motion was to designate Mayor Hudson as the representative on the Santa Aha River Flood Protection Agency without an alternate. The substitute motion failed by the following roll call vote: AYES: 2 COUNCILMEN: Harvey & Sonju NOES: $ COUNCILMEN: Lacayo, MacLain & Hudson ABSENT: 0 COUNCILMEN: None The original motion carried by the following roll call vote: AYES: $ COUNCILMEN: Lacayo, MacLain NOES: 2 COUNCILMEN: Harvey & Sonju ABSENT: 0 COUNCILMEN: None Hudson The Mayor's appointments were as follows: Southern California Association of Governments Mayor representative Sonia Sonju-alternate Orange County Sanitation District Mayor representative Otto Lacayo-alternate League of California Cities, Orange County Division Mayor representative Alice MacLain-voting representative Orange County Vector Control District Alice MacLain representative (Expires 12/31/77) Santa Ana River Flood Protection Agency Mayor representative Unified Orange County Cities Disaster Organization Otto Lacayo representative City Audit Committee Alice MacLain representative Orange County Housing Authority Sonia Sonju representative Mayor-alternate 10. CONSIDERATION OF EVALUATION OF SURE REPORT: The City Manager presented a report from the Administrative Coordinating Team dated April 19 which transmitted staff's evaluation of energy saving recommendations by Standard Utility Rating Engineers. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to accept the S.U.R.E. report and continue the matter regarding installation of economizers to the budget sessions. CONSIDERATION OF EXTENSION OF TIME REQUEST~ CERRITOS AVENUE AND WALKER STREET SIGNAL MODIFICATION~ CITY OF CYPRESS PROJECT #7710-50: The City Manager presented a report from the Public Works Director dated April 20 which recommended that a 40 day extension be granted to the contractor to complete re-level~ng of the signal pole on the southeast corner of Cerritos Avenue and Walker Street. The Southern California Edison Company requires about 30 days to make changes to the transmission lines in the vicinity of the signal pole. It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to authorize a forty (40) day extension of time to May 29, 1977 for the Smith Electric Supply Company contract on Project #7710-50. CONSIDERATION OF ASSESSMENT FOR WEED AND RUBBISH ABATEMENT FOR 1977: The City Manager presented a report from the Public Works Director dated April 21 indicating the weed and rubbish abate- ment work for the spring program has been completed. A resolu- tion was transmitted showing the assessments on certain parcels which required work. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the speciFi- cations for the work, and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESS- MENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju CONSIDERATION OF ALLOCATION OF FUNDS FOR COMMUNITY DEVELOPMENT PROJECT1 FIRST YEAR'S PROGRAM ON BISHOP STREET AND HOUSE SEWER CONNECTIONS ON KAREN STREET AND CAMP STREET, CITY PROJECT #7600-90: The City Manager presented a report from the Public ~orks Director dated April 18 recommending an appropriation of funds for the project to cover final payment. Ten percent of the contract was withheld for 35 days after recordation of the Notice of Completion in the ~vent that stop notices are filed. The first stop notice on the project was released on March 9, 1977 and the second was released on April 14, 1977. The appro- priation of funds will be fully reimbursed by H.U.D. 11. City Council Minutes April 25, 1977 It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to authorize a budgeted transfer from the General Fund and appropriate $2,172.20 from the fund balance of the General Fund to Account #10-4186-44221. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION FOR NO PARKING AREAS ON VALLEY VIEW STREET: The City Manager presented a report from the Public Works Director dated April 19 which indicated the Traffic Commission recommended "no parking" areas on the east and west sides of Valley View, south of Lincoln Avenue, to accommodate street widening in this area and median improvements and signal modification at Lakeshore Drive. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt the Resolution establishing "no standing" and "no parking" areas on Valley View Street as outlined in the staff report. Following further discussion, a substitute motion was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unani- mously carried to continue this matter to the May 9 meeting and request that staff investigate and report back on how the "no parking" areas will affect parking for businesses located on the west side of Valley View Street, south of Lincoln. 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 #45337 through #45453 in the total amount of $298,072.09. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SoRju SECOND READING OF ORDINANCE RE: ZONE CHANGE #77-2 (LINCOLN AVENUE OVERLAY ZONE): The staff recommended that the second reading be continued to the May 9 meeting. It was moved by Councilman Harvey, seconded by Councilwoman MacLain and unanimously carried to continue the second reading of the Ordinance regarding Zone Change #77-2 to May 9. In regard to Item #36 concerning property at the southeast corner of Orange Avenue and Grindlay Street, Councilwoman MacLain expressed concern about the unkept appearance of the house and felt it was an eyesore. She suggested that a letter be sent to the property owner requesting him to clean up the house for both his and the City's benefit. It was moved by Councilwoman MacLain and Lacayo to request staff to send a letter requesting that he clean up the house. seconded by Councilman to the property owner Councilwoman Sonju stated she did not support the motion since normal abatement procedures were not followed in bringing this matter to the Council's attention either with a staff referral or because of a neighbor's complaint. The City Manager reported 12. City Council Minutes April 25, 1977 that staff has not received any complaints regarding this prop- erty although weed abatement work was recently completed in the spring program. Councilmen MacLaJn and Lacayo stated they both received complaints about the property from neighbors and Council- woman MacLain stated she was not suggesting abatement at this time. Councilmen Sonju and Harvey stated they opposed the motion since the proposed action was not consistent and uniform treatment and was discriminatory enforcement. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain & NOES: 2 COUNCILMEN: Harvey & Sonju ABSENT: 0 COUNCILMEN: None Hudson Councilmen Sonju and Harvey asked that the letter contain the vote and an expression of the minority's feeling that the action is inconsistent and discriminatory. Councilmen Hudson and Lacayo felt the dissenting Council members could send their own letter. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to send the letter without including the vote but indi- cating the majority Council action. There was further discussion regarding this motion. The roll call vote was as follows: AYES: 2 COUNCILMEN: Lacayo & MacLain NOES: 2 COUNCILMEN: Harvey & Sonju ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Hudson Mayor Hudson stated he would vote no and that if those Council members who are interested in supporting the visual appearance of such buildings are willing to go on record then it should be reflected in the letter. In regard to Item #37 concerning Councilwoman Sonju's request to attend the California Symposium on Statewide Urban Develop- ment Strategy, Councilwoman Sonju inquired why the item was not placed back on the agenda and it was her feeling that she sub- mitted an appropriate response to the Council's request for a report prior to attending the conference. In her memorandum she responded that she would not presume to represent the posi- tion of the City Council at the conference which was unknown to her as no Council members transmitted their views to her. The City Manager interpreted the Council's action as being the matter would be placed on the agenda when a report is submitted on her position relative to the issues raised by the conference. Councilwoman Sonju felt the request for a report prior to the conference was inappropriate and contrary to established Council policy. She noted the policy does not require Council approval for a local conference and that a report is required to be sub- mitted after a conference. She asked for a clarification of the policy and felt it should be consistent. Hayor Hudson stated the conference involved her making input to a state body and the Council was concerned about knowing her position on the issues before representing her views on behalf of the Council. Ile stated that was the basis for the request for a report. Councilwoman MacLain read the memorandum from Councilwoman Sonju to the Council dated April 15 which indicated it was not her intention to reflect the Council's policy as a participant at the seminar and that she planned to attend to obtain the information which would be provided. Councilwoman Sonju also 13. City Council Minutes April 25, 1977 inquired whether the Council took action not to place this item back on the agenda after the last work session meeting was ad- journed. The Council indicated that no action was taken in the absence of receiving the report. COUNCILMAN LACAYO EXCUSED HIMSELF AND LEFT THE MEETING AT 11:15 P.M. Councilwoman $onju further stated she would not presume to reflect the Council's position and she questioned whether the Council's policy was being applied consistently by requiring a written report prior to a conference. Councilwoman Sonju requested that the following transcript from the April 25 discussion be included in the minutes: Mayor Hudson: But your response was not in light of what the... Councilwoman Sonju: You mean inadequate? By whom? Mayor Hudson: By the Council. It said it wanted your views. Mr. Essex: Let me read this section of the minutes I have before me. Councilwoman Sonju: I would like to know when the Council decided that that was an inadequate response at a secret meeting or at a public meeting? Councilwoman MacLain: No, you don't do that. Councilwoman Sonju: Because I don't recall of it ever being it was at some secret meeting? Did we have some secret meeting when we decided that it was not adequate? Councilwoman MacLain: No, you had left and weren't there. Mr. Essex: Motion is on page 9. Councilwoman Sonju: That was after the meeting that was adjourned you made a decision after the meeting that was adjourned? Is that what you are saying? Councilwoman MacLain: Nope. Mayor Hudson: Mr. City Manager, would you read from the minutes on page 9? Mr. Essex: Yes. In regard to Item 14 on the Consent Calendar, Consideration of Authorization for Councilwoman Sonju to Attend the California Symposium on Statewide Urban Development Strategy, it was moved by Councilman Harvey, seconded by Mayor MacLain and unanimously carried to continue the matter and request that Council- woman Sonju present the Council with a written report expressing her position on the issues of the Statewide Urban Development Strategy. Mayor ttudson: I'm not going to argue with you. I'm trying to clarify. It seems to me that it was the direct request of the Council that they be supplied with that information or the trip was not sanctioned by the Council, in fact, they voted against it until that material was supplied, and since for perhaps very valid reasons . Councilwoman Sonju: But I have no idea what the feelings of the Council are and you have requested something that is absolutely impossible - that's also silly and so discourteous to another Council member which... Mayor Hudson: I think that argument to bring it up now is most... Councilwoman Sonju: Please, please admit that... Mayor Hudson: Appropriate, and you can bring it up and we can discuss it. The point I was trying to make...for the City Manager to take any other action than he did would have been to violate the mandate of the City Council directive to him. Councilwoman Sonju: No, that's not true...I responded to him... I told him that I did not have the information and could not present the opinion of the Council because I didn't know what it was. That is a response - do you have a copy of that memo Darrell? That ±s a response. Mr. Essex: I wrote the memo at your request so I was quite familiar with the memo it was distributed at an adjourned Council meeting and no one asked me to place it as a matter of business on... 14. City Council Minutes April 25, 1977 Councilwoman MacLain: Councilwoman Sonju, it was not adjourned. I have the memo here and I presume it was dictated by Council- woman Sonju since its .... I wish to read it: "I wish to regret- fully advise the City Council that I do not have sufficient time to complete the homework assignment requested by the City Council which was requested in reference to my attendance at the seminar on A Statewide Urban Development Strategy~ to be held at Newport Beach on Thursday, May 12, 1977. I further wish to advise that it was not my intention, nor was I presumptuous enough to con- sider that I would reflect City Council policy as a participant in the seminar. I had merely planned to attend to obtain the in£ormation which was provided at the meeting." And to answer Councilwoman Sonju's accusation that it might just as well have been handled in secret the point in fact was, is that she had already left the meeting as she generally does, left it early and had come late to that meeting and the three of us or the four of us that were still there were still conducting City business. It was placed in front of us by the City Manager and we did not act on it because of the fact that it had not complied and T will read it again, "I do not have the sufficient time"..and so forth. Councilwoman Sonju moved that her attendance at the conference be approved. The motion died for lack of a second. EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of litigation at 11:27 p.m. The meeting was called back to order at 11:35 p.m. with Councilman Lacayo absent. ORAL COMMUNICATIONS: Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, expressed disappointment with the tone of the Council's discussion regarding several of the items on the agenda. ADJOURNHENT: It was moved by Councilwoman MacLain, seconded by Mayor Hudson and unanimously carried to adjourn the meeting at 11:37 p.m. to Thursday, April 28 at 7:30 p.m. at Patton Elementary School. MAYOR OF THEflTY OF CYPRESS ATTEST: TKE-'CITY OF CYPRESS 15.