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Minutes 77-05-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 23, 1977 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, May 23, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: Councilmen Harvey, MacLain, Sonju and Hudson ABSENT: Councilman Lacayo Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following members of the City staff: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PI, EDGE OF ALLEGIANCE: Councilwoman Sonju Ied the pledge to the flag. Mayor Hudson presented plaques to Mr. Bob Simmons of the Chamber of Commerce and to Recreation and Park Director Charles Bryant in appreciation of their efforts for a successful May Festival. STAFF REPORTS & DISCUSSIONS: At the City Manager's request, the Mayor added Item #38 to the agenda regarding a communication from a resident concerning water conservation. Councilwoman Sonju announced that she was appointed by Speaker McCarthy to the State Department of Transportation Advisory Com- mission and she reported on actions at the first meeting. She stated the Commission directed Cai Trans to set criteria for establishment of routes of state-wide significance. The Commis- sion also reviewed AB 402 and 2156 reports which are requested from cities by the legislature every four years to determine deficiencies in the road systems and projections for financing needs. She reported that Ca1 Trans submitted a report and reviewed recommendations which they intend to pursue, one relating to the Airport Land Use Commission. She stated several bills are proposed relating to the Commission and one concerning an expansion of its powers she stated she opposes. She stated she will traosmit to the Commission input from the City Council on any of these malters. MINUTES: It was moved by Councilwoman MacLain, seconded by Councilwoman Sonju and carried to approve the minutes of May 2 and May 9, with Councilman [[arvey abstaining on the Hay 2 minutes. Councilwoman Sonju read portions of a transcript of the discu ion at the April 25 meeting relating to her attendance at the seminar on A State-wide Urban Development Strategy and requested that these portions be included in the minutes which were previously approved. She stated it was her interpretation that if the CounciI took action after the meeting was t~djourned ~hen this was a violation of the Brown Act. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to amend the minutes of April 25 to ]nclode the portions of the transcript read by Councilwoman Sonju. City Counci 1 Minute; May 23, 1977 In regard to Counci lwom;~n Son)u's charge that the Council acted on this matter afler the April 18 budget workshop meeting was adjourned, Councilman Ilarvey asked that the staff review the April 18 minutes and stat,.d he did not recall the Council conducting business aEter the meeting was adjourned. Council- woman Sonju stated that Councilman Harvey left that meeting early. Councilman IIarvey asked that the minutes reflect that he was not present at the time of the alleged violation of the Brown Act. Mayor Hudson stated for the record that to the best of his knowledge he did not recall acting after the conclusion of the meeting or taking part in discussion of any type. The Council requested the City Manager to report back on what transpired at the April 18 meeting regarding this matter. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo MacLain, Sonju & ttudson CONSIDERATION OF AWARD OF CONTRACT FOR ONE WEED SPRAYER WITH TRAILER - REQUEST FOR QUOTATION #7677-78: The City Manager presented a report from the Finance Officer dated May 16 out- lining the two bids received. It was moved by Couucilman ltarvey and seconded hy Councilwoman Sonju to accept the bid from Eagle Chemical, 1335 Knollwood Circle, Anaheim, as the lowest responsible bid and award them the contract in the amount of $2,543.47. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILbIEN: None ABSENT: 1 CODNCILMEN: Lacayo MacLain, Sonju & lludson CONSIDERATION OF A~ARD OF CONTRACT FOR REMOVAL OF PAVEMENT MARKINGS ON VARIOUS STREETS: The City Manager presented a report from the Public Works Director dated May 18 indicating three requests for proposals were sent out and two bids were received. Removal of pavement striping and markings is proposed on Cerritos, Walker, Ball and Orange. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to determine that Tri-County Sandblasting, P. O. Box 490, Westminster, California, is the lowest responsible bidder and award them the contract for removal of pavement markings in the amount of $4,290. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo MacLain, Sonju & Hudson ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. CONSENT CALENDAR: Mayor lludson 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. Councilwoman MacLain asked that Item #13 be removed. Council- woman Sonju requested that Items #5 and 12 be removed. It was moved by Councilwoman MacLain, seconded by Councilwoman Sonju and unanimously carried to approve Items #3 through #16 with the exception of Items #S, 12 and 13. City Council Minutes May 23, 1977 Item #3: Consideration of a Request from the Public Works Director that May 22-28, 1977 be Proclaimed National Public Works Week. Recommendation: That the Mayor and City Council proclaim May 22-28, 1977 as "National Public Works Week" in the City of Cypress. Item #4: Consideration of an Application for a Private Patrol Permit, Ross Security Patrol. Recommendation: That the City Council authorize the issuance of a permit for private patrol services in the City of Cypress to Ross Security Patrol, 1371 S. Highland, #L, Fullerton, Calif- ornia, subject to the provisions of the City Code relative to the operation of private patrol services. Item #6: Consideration of Final Report: Pedestrian and Bicycle Safety Study. Recommendation: Receive and file. Item #7: Consideration of Acceptance of Final Tract Map #9647. Recommendation: That the City Council approve Final Map #9647 and accept the bond for public improvements in the amount of $1,200.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the record map. Item #8: Consideration of Approval of Plans and Award of Contract by Orange County Flood for Moody Creek Channel. and Specifications Control District Recommendation: That the City Council approve plans and speci- fications for the construction of the Moody Creek Channel improve- ments from Crescent Avenue to Moody Street by the Orange County Environmental Management Agency. Item #9: Consideration of Change in Subcontractor - Community Facilities Project; City of Cypress Project #7728-90. Recommendation: That the City Council approve the change in subcontractors for metal lath and plaster from Bullsaki Framers, 2008 Yale Street, Santa Ana, California, to R & B Contractors, 10926 Portal Drive, Los Alamitos, California. Item #10: Consideration of a Resolution of the City of Anaheim Opposing the Chino Hills Airport and Supporting the Senate Con- current Resolution No. 19 which Proposes the Chino Hills Area for a Park Site. Recommendation: That the City Council request the City Manager to notify the appropriate State legislators of the City Council's opposition to the Chino Hills Airport and of their support of Senate Concurrent Resolution #19 which proposes a Regional Park in place of the proposed airport. Item #Il: Consideration of a Notice of a Public Hearing Con- cerning the Orange County Transit District's Application for an Operating Assistance Grant. Recommendation: Receive and file. Item #14: Consideration of Support for AB 1265 Which Allows the City Council to Appoint and Remove Municipal Officers and Employees in Executive Session. City Council Minutes May 23, 1977 Recommendation: That the City Council request the City Manager to notify the appropriate State Legislators of the City Council's support of AB 1265 relating to the appointment and removal of municipal officers and employees in executive session. Item #15: Consideration of Proposed Ordinance Regarding Admis- sions Tax. Recommendation: That the City Council continue consideration of the proposed ordinance amending the Admissions Tax Ordinance to the meeting of June 13, 1977. Item #16: Consideration of Tijuana Tour. Recommendation: That the City Council approve the dates of August 11 and September 10, 1977 for the City of Cypress day in Tijuana, Mexico. In regard to Item #5, Consideration of Appropriation of Federal Anti-recession Assistance, Councilwoman Sonju asked what the Crime Prevention - Community Relations Program included. Chief Duke reported there are eleven crime prevention programs including Burglary Prevention, the Stop Theft Program and the School Resource Officer program. It was moved by Councilwoman MacLain, seconded by Councilwoman Sonju and unanimously carried to appropriate Federal Anti- recession Assistance funds of $9,768 to the Police Crime Preven- tion-Community Relations Program, Account #10-4001-171-05. In regard to Item #12, Consideration of Mayor and City Council Attendance at the Orange County Energy Planning Seminar, Council- woman Sonju moved that any Council member wishing to attend the seminar submit a written report to the Council outlining their views on the topics to be discussed prior to attendance. The motion died for lack of a second. Councilwoman Sonju read from the seminar notice which indicated Council members were being requested to represent their city in setting priorities and she felt the Council policy should be consistent by requiring the written report as was requested of her. It was moved by Councilwoman MacLain and seconded by Mayor Hudson that the City Council authorize the Mayor and members of the City Council to attend the Orange County Board of Super- visors' sponsored Energy Planning Seminar on June 2, 1977 at the Anaheim Inn, and that they be reimbursed for all actual and necessary expenses. Councilwoman Sonju stated she will oppose the motion since it conflicts with the precedent established for meetings attended by City Council members. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Sonju ABSENT: 1 COUNCILMEN: Lacayo MacLain & Hudson In regard to Item #13, Consideration of a Request from the City Council of Anaheim Asking Support of AB 1560, Councilwoman MacLain was in favor of some means to evaluate judicial perfor- mance and she requested a copy of AB 1560. The City Council requested that the staff obtain a copy of the bill and any other available information for the next regular meeting. City Council Minutes May 23, 1977 197 CONTINUATION OF CONSIDERATION OF "NO PARKING" BAN ON STREET SWEEPING DAYS: May 19. The City Manager transmitted a report dated It was moved by Councilman ttarvey, seconded by Sonju and unanimously carried to continue the 13 meeting. Councilwoman item to the June CONTINUATION OF CONSIDERATION OF YOUTH COMMISSION APPOINTMENTS: The City Manager presented a report dated May 19 which indicated 15 applications were received for the upcoming five vacancies on the Youth Commission. The Council decided to interview the applicants on June 21 beginning at 7:00 p.m. CONSIDERATION OF LINCOLN AVENUE ACTION COMMITTEE: The City Manager presented a report from the Planning Director dated May 18 which transmitted a communication from the chairman the Lincoln Avenue Action Committee who requested that the committee be disbanded since it has completed its charges. of It was moved by Councilwoman Sonju, seconded by Mayor Hudson and unanimously carried that the Lincoln Avenue Action Committee be disbanded and that an appropriate commendation be prepared for the members. Councilman Harvey personally thanked Mr. Alex Bell, committee chairman, for his leadership and perseverance in seeing that the responsibi]ities of the committee were carried out. CONSIDERATION OF REPORT ON PRESENT POLICY FOR ACCEPTANCE OF IMPROVEMENTS ON RESIDENTIAL DEVELOPMENTS: The City Manager presented a report from the Public Works Director dated May 17 describing the policy for acceptance of improvements for single- and multiple-family residential developments. Pursuant to Coun- cil action at the February 28, 1977 meeting, S & S Development will be required to submit a letter From the homeowners' asso- ciation accepting on-site landscaping and irrigation prior to final acceptance of public improvements in Tracts #7793, 8124, 8126 and 8177. Councilwoman Sonju felt it was unfortunate that be done about the existing problem in the S & S corrosion of walkway lights in the common areas City should take action to prevent such problems in future residential development. nothing could tract regarding and felt the from occuring It was moved by Councilwoman Sonju and seconded by Mayor Hudson to direct the staff to establish more substantial standards relating to landscaping and lighting of common areas in resi- dential development. There was further discussion regarding the matter and staff reported that the lighting which was installed complied with the Electrical Code. Mayor Hudson stated he would vote no since he felt it was futile to develop standards beyond the accepted standards. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: MacLain & Sonju NOES: 2 COUNCILMFN: Harvey & Hudson ABSENT: 1 COUNCILMEN: Lacayo Mayor Hudson stated the item would be received and filed. Councilwoman Sonju objected to this action. Council Minutes May 23, 1977 COUNCILMAN HARVEY EXCUSED HIMSELF FROM THE MEETING AT 7:40 P.M. CONSIDERATION OF DESIGN AND LOCATION OF BUS SHELTERS: The City Manager presented a report from the Public Works Director dated May 18 which recommended a bus shelter design and six bus shelter locations. The shelters will be provided under an agreement with the Orange County Transit District and U. S. Department of Transportation. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to approve the staff recommendation for the bus shelters manufactured by Cadillac Plastic Industries, and approve the staff recommendation for six additional bus shelter locations as described in the May 18 report. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: MacLain, Sonju & Hudson NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: Harvey & Lacayo CONSIDERATION OF CETA TITLE VI PROJECT FUNDS: The City Manager presented a report dated May 18 which summarized ten projects by priority that staff recommended for funding under the CETA VI program. The City Manager stated Project #5 was a Cypress Elem- entary School District program which would be eligible for funding only through the City. Staff reported only one allocation of funds, in the amount of $1600, was necessary for three programs involving replacement trucks. COUNCILMAN HARVEY RETURNED TO THE MEETING AT 7:45 P.M. Mr. Howard Reinert reported he has a contract with S & J Chevrolet to purchase one of the trucks proposed to be traded-in and he has been waiting for the truck for about six weeks. The Finance Offi- cer stated the City has made no commitment to S & J to trade-in the trucks and the understanding with S & J is that the trade-in would be optional. The Council discussed prioritizing the programs. Councilwoman Sonju stated her five priorities were programs #2, 3, 6, 8 and 9. It was moved by Councilwoman MacLain and seconded by Mayor Hudson to: (1) authorize the staff to enter into an agreement for any funded CETA Title VI projects and make the following appropria- tions: an amount of $1600 to the accounts shown to cover the difference between the purchase price of replacement trucks less trade-in allowances which was to be $1600, which amount will not be received if the old trucks are to be utilized in the CETA Title VI projects: $533 - Account $533 - Account $534 Account #90-4371-654-39 #90-4372-654-39 #90-4373-654-39 (2) instruct staff to request necessary appropriations from the City and District general fund accounts to cover non-reimbursable costs incurred, and (3) that the five program priorities be set by the City Council. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to amend the motion to establish the five priorities as follows: Programs #2, 3, 4, 6 and 5. The amendment carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINING: COUNCILMEN: MacLain, COUNCILMEN: None COUNCILMEN: Lacayo COUNCILMEN: Harvey Sonju & Hudson City Council Minutes May 23, 1977 The original motion carried by the following roll call vote: AYES: 3 COUNCILMEN: MacLain, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo ABSTAINING: 1 COUNCILMEN: Harvey Sonju & Hudson RECESS: Mayor Hudson called a recess was called back to order at 8:20 p.m. except Councilman Lacayo. at 8:10 p.m. The meeting with all Councilmen present PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 77-1: Mayor Hudson announced that this was the time and place for the public hearing to consider Amendment to the Zoning Ordinance #77-1 relating to condominiums and condominium conversions and he opened the hearing. He asked if the Council wished to continue the hearing until a full Council is present and he also suggested that the Council may wish to tour existing apartment complexes in the City with the Planning Director to get a better under- standing of the situation regarding conversions. Mr. David Recupero, representing Daon Development Corporation, 1400 Quail, Newport Beach, reported his company proposes to con- vert the Cypress Townhomes apartments at the northwest corner of Holder and Ball Road and he invited the Council to tour the apartments prior to the public hearing. Mayor Hudson suggested that the hearing be continued to the June 13 meeting and that the Council members make individual arrangements to tour apartments within the City. Councilman Harvey inquired if the Council's intent in considering the proposed ordinance was to establish rigid standards which would preclude practical apartment to condominium conversions or to provide a spectrum of housing to meet the needs of different income groups. He felt the rigid standards proposed in the ord- inance could prevent conversions. Mayor Hudson stated it was also his impression that the standards appeared strict and that it was not his intent to preclude conversions. Councilwoman MacLain stated she had no position at this time. Councilman Harvey felt the Council should consider the current housing market trends and problems when considering the ordinance. It was moved by to continue the Ordinance #77-1 carried by the Mayor Hudson and seconded by Councilman Harvey public hearing regarding Amendment to the Zoning to the June 13 meeting. The motion unanimously following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo MacLain, Sonju & Hudson CONSIDERATION OF FEES CHARGED TO THE PUBLIC FOR XEROX COPIES: The City Manager transmitted a report from the Finance Officer dated May 10 which recommended fees to be charged the public for the reproduction of public records. It was moved by Councilwoman MacLain and seconded by Councilman Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING FEES CHARGED TO THE PUBLIC FOR COPIES OF OFFICIAL RECORDS. ~ 2~y Council Minutes May 23, 1977 Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested that the fee for accident reports should be the actual cost and not a fiat rate. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo ABSTAINING: 1 COUNCILMEN: Sonju MacLain & Hudson Councilwoman Sonju stated she felt the costs were high and that the City could subsidize this service to the public. CONSIDERATION OF A COMMUNICATION FROM COUNCILWOMAN ROBIN YOUNG OF LA HABRA REGARDING TRANSPORTATION POLICIES OF THE ORANGE COUNTY TRANSIT DISTRICT: The City Manager presented a report dated May 20. It was moved by Councilwoman Sonju, seconded by Councilwoman MacLain and unanimously carried to continue this matter to the June 13 meeting. CONSIDERATION OF DESIGNATION OF ORANGE COUNTY AS A STANDARD METRO- POLITAN STATISTICAL AREA: The City Manager presented a report dated May 20 which indicated that information was presented at a recent League meeting indicating that Orange County may lose its designation as a standard metropolitan statistical area in the 1980 census because of the number of County residents who are employed outside Orange County as represented in the 1970 census. The City Manager suggested that the cities and chambers of commerce in the county could attempt to determine whether increased commerce and industry coming into the county since 1970 will substantially alter the number of persons employed in Orange County as compared to the 1970 census. He also suggested working with California legislators to develop legislation to change the rules so that this one statistic does not govern the entire designation. It was moved by Councilwoman Sonju, seconded by Councilwoman MacLain and unanimously carried to suggest that the Orange County Division of the League pursue the two approaches outlined in the report. CONSIDERATION OF REGIONAL POLICE TRAINING CENTER FOR ORANGE COUNTY: The City Manager presented a report dated May 20 which indicated the League of California Cities held further discussion of this matter at a recent meeting. The City Council at its May 9 meeting received and filed a request by the Orange County Criminal Justice Council to support the center. It was moved by Councilwoman Sonju, seconded by Councilwoman MacLain and unanimously carried to oppose the Regional Police Training Center for Orange County. CONSIDERATION OF THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIF- ORNIA CITIES BUDGET: The City Manager presented a report dated May 20. Councilwoman MacLain moved to continue this matter until a full Council is present. The motion was not seconded. Councilwoman Sonju moved to oppose an increase in dues. The motion was not seconded. Mayor Hudson reported that one reason for the proposed increase was to enable the Orange County Division to obtain materials from the State League which are not readily available. Councilman City Council Minutes May 23, 1977 {~!}" 201 Harvey felt the Division should have no difficulty in obtaining the materials it requires and stated the Division has been con- sidered to be one of the more prominent and productive divisions and has received recognition at the State level in the past. He stated he opposed the three cent increase which is designed to cover heavy administrative costs. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to oppose an increase in dues for membership in the League. Councilwoman MacLain reported that several of the larger cities are trying to cut their costs at the expense of the smaller cities and are pushing for a reassessment of the smaller cities. She reported Garden Grove proposed a $500 base cost as well as a per capita assessment. She felt the City should consider whether it wants the service level of the Division office reduced and she stated she would support a lesser dues increase if the present service level is maintained. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: MacLain ABSENT: 1 COUNCILMEN: Lacayo Sonju & Hudson CONSIDERATION OF SB 958 WHICH PROVIDES FOR ADDITIONAL THOROUGHBRED RACING DATES IN THE SOUTHERN RACING ZONE: The City Manager pre- sented a report dated May 20 regarding SB 958 which would authorize thoroughbred racing on less than one mile long tracks and would allocate four additional weeks of thoroughbred racing in the Southern Zone, which includes all the area south of Los Angeles County. Los Alamitos Race Track requested the Council's support of the bill. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain that the City Council go on record in support of Senate Bill 958 relating to thoronghbred racing in the Southern Zone. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, MacLain, NOES: 0 COUNCIl, MEN: None ABSENT: 1 COUNCILMEN: Lacayo Sonju & Hudson CONSIDERATION OF A CITY REPRESENTATIVE TO WORK WITH THE SECOND DISTRICT COMMISSIONER ON EXPO '81: The City Manager presented a report dated May 20 which transmitted a request from Mr. William Reed, who was appointed by the Board of Supervisors to serve on the Expo '81 Board of Commissioners, for a Council representative to work on the project. Councilwoman Sonju volunteered to serve as the City's representa- tive for the Expo '81 project. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE BOARD OF DIRECTORS OF THE ORANGE COUNTY TRANSIT DISTRICT: The City Manager presented a report dated May 20 which indicated the City Selection Committee will meet on June 9 to select a representative to the Transit District Board of Directors. It was moved by Mayor Hudson and seconded by Councilman Harvey to support the reappointment of Director A1Hollinden. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayc MacLain, Sonju & Hudson Council Minutes May 23, 1977 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilwoman MacLain and seconded by Councilman Harvey to approve the Warrant List for Warrants #45583 through #45703 in the total amount of $134~009.09. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo MacLain, Sonju & Hudson SECOND READING OF ORDINANCE RE: ZONE CHANGE NO. 77-2 (LINCOLN AVENUE OVERLAY ZONE): Hearing no objections, Mayor Hudson ordered the following Ordinance read by title only, title as follows: 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. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: Harvey NOES: 1 COUNCILMEN: Hudson ABSENT: 1 COUNCILMEN: Lacayo ABSTAINING: 1 COUNCILMEN: Sonju & MacLain Councilwoman Sonju stated she was absent for the hearing on this matter and by abstaining she was not expressing strong opposition but concern about the type of residential development which may occur on the rear of the Lincoln parcels. It was moved by Councilman Harvey, seconded by Councilwoman MacLain and unanimously carried to continue the second reading of the ord- inance to the June 13 meeting. CONSIDERATION OF ESTABLISHING A NON-DISTRICT RESIDENT FEE FOR ALL RECREATION AND PARK PROGRAMS: The City Manager presented a report from the Recreation and Park Director dated May 17 which indicated that the Recreation and Park Commission considered the City Council's request to establish a non-District resident fee for all District activities, classes, trips and leagues. The Commission recommended that the non-resident fee be retained for the Aquatics Instruction program only. It was moved by Councilwoman MacLain and seconded by Councilman Harvey that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, ratify the Recreation and Park Commission's recommendation that a non-District resident fee be continued for 305.08, Aquatics Instruction, only, and that the proposed non-District resident fees for other programs be received and filed. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacay0 Sonju & Hudson 10. City Council Minutes May 23, 1977 CONSIDERATION OF NON-SCHEDULED AND OPEN USE OF NATURE PARK: The City Manager presented a report dated May 17 from the Recreation and Park Director indicating that the Recreation and Park Commission considered the possibility of expanded use of the Nature Park as an open recreation area which would not require reservations or supervision by District personnel. The Commission recommended that the park be open only during the times previously recommended and for the previously approved Park District activities. The report outlined concerns of the Orange County Flood Control District and City Engineering Department relating to expanded use of the facility. Councilwoman Sonju felt the liability exposure and vandalism problems were common to all parksites and that the particular characteristics at Nature Park would pose no insurmountable problems. It was moved by Councilwoman MacLain and seconded by Councilman Harvey that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, determine to permit no unscheduled use of Nature Park. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Sonju ABSENT: 1 COUNCILMEN: Lacayo MacLain & Hudson It was moved by Councilwoman MacLain, seconded by Councilman Harvey and unanimously carried to request the staff to investigate the possibility of using the water collecting in the retarding basin. CONSIDERATION OF STUDY OF NON-PROFIT ORGANIZATIONS - CHARITABLE: The City Manager presented a report from the Recreation and Park Director dated May 17. It was moved by Councilwoman Sonju, and unanimously carried to continue is present. seconded by Councilman Harvey the matter until a full Council CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMER- CIAL WARRANT LISTS: It was moved by Councilwoman Sonju and sec- onded by Councilwoman MacLain to approve the Warrant List for Warrants #6618 through #6677 in the total amount of $10,043.25. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Lacayo MacLain, Sonju & Hudson In regard to Item #38 concerning a communication from Mrs. Brooks relating to water conservation, the letter inquired whether persons who have implemented early water conservation measures would be penalized further if mandatory conservation is put into effect. Mayor Hudson stated there has been no position indicated by the State or water district that persons who have reduced their water usage will not be subject to further cuts at their cost and he suggested that the Council seek a clarification. Councilwoman Sonju recommended that the Council support the position that water conservers should not be penalized further and transmit this in a letter to the governor, Board of Supervisors, State Water Resources Board, Municipal Water District of Orange County, and to the cities in Orange County requesting their support of Cypress' position. Councilman Harvey suggested the possibility of a reward for those who have voluntarily reduced water usage. 11. Council Minutes May 25, 1977 The Council directed the City Manager to send the letter, with a copy to Mrs. Brooks, expressing the Council's position and to investigate a reward for persons employing water conservation measures. ORAL COMMUNICATIONS: Mr. Joe Hardcastle, 4S88 Blanca Drive, Cypress, suggested using water from the retarding basin to clean the streets. Mr. James Duncan, 9787 Rome Street, Cypress, thanked the Police Department and two officers for their quick response and life saving efforts in a recent emergency at his church. EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of litigation at 9:3S p.m. The meeting was called back to order at 9:4S p.m. with Councilman Lacayo absent. ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilwoman Sonju and unanimously carried to adjourn the meeting at 9:4S p.m. to Monday, June 6 at 7:00 p.m. in the administrative conference room. MAYOR OF THE (/ITY OF CYPRESS ? ATTEST: CrTY CLERK OF THE CITY OF CYPRESS 12.