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Minutes 77-06-13 -g06 MINUTES OF A REGIILAR HEETIN/; OV TttE CYPRESS CITY COUNCIL ItEI,D dune 13, 1977 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, June 13, 1977 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald lludson presiding. PRESENT: ABSENT: Counci 1men ][arvoy, and Itmdson None Lacnyo, MacLain, Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Hurphy, and tide following City staff members: Bryant, Dalesandro, Davenport, Duke, IIawley and Powell. PI, IiDGE OF ALLEGIANCE: ']'be pled!lo to the Flag was led by Councilman Lacayo. The City Council interviewed an applicant For the Yonth (7omm i ss ion. EXI!CUTIVE SESSION: Mayor Iludson cai led an Executive Session for litigation at 6:45 p.m. The meeting was called back to order at 7:57 p.m. with all Conncilmen present. ORAl, COMMUNICATIONS: Mayor llndson asked if sptak in regard to any matter which was nor There was no one who wished to speak. anyone wished on tide agenda. to C!)NSIDERATION OF PETITION OF ESTllER STREFT CITIZENS' COMMITTEE: Tb City Manager presented a report From the Planning Director da~ed .Inne 9 describing possible nniaance conditions on property at 919l Moody Street. The Planning Director reporled thc City received a petition containing 19 signatnres representing eleven property owners which expressed concern regarding three items: an unmaintained wa 11 and weeds adjacent to Esther Street, n shabby and unsafe wooden gate in the wall, and a 60 foot high CB antenna on the dwelling which was constrncted without a building permit. The Plnnning Director presented slides illustrating these items. lie reported there have been no weeds on the property for the past two weeks, and the property owner, who did not realize a building permit was necessary, indicated be would obtain the permit For the antenna. The Planning Director reported that the property owner intended to reconstruct the wall facing Esther Street adjacent to the sidewalk, which would enclose and elimin- ate the eyesore area which has been subject to weed abatement. Mr. Frank Lee, 9199 Esther Street, stated the antenna is over 40 feet in height, rotates, and is a safety hazard. He felt tide wall and gate were an eyesore and safety hazards and have devaluated property in the area. tie stated the property has been a constant annoyance to the neighbors and the gate in the wall does not keep debris and junk confined to the yard. tie asked that the gate be eliminated, lle stated the property owner parks large vehicles on Moody which restricts visibility for motorists exiting from Lemon Avenue onto Moody. City Council Minutes June 13, 1977 Mayor Hudson announced that it was hearings. He opened the following until after this item: time to conduct the public hearings and continued them CONTINUATION OF PUBLIC ttEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 77-1. PUBLIC HEARING RE: APPEICATION POR SPECIAL PERMIT MS. BETTY WASSO. Mr. Jacob Rynsburger, 919I Moody Street, stated the wall was constructed by the developer of the tract and is not a perimeter wall. lie apologized for not obtaining the building permit for the antenna and stated he will obtain one. lle reported the antenna is designed to rotate and is tt~e legal 40 Foot height. Iie stated the gate in the wall is for the convenience of his children and that he does not want to give up his access rights to Esther Street. lie stated l~e would like to reconstruct the wall along the s~dewalk on Esther and he agreed to work with staff to construct a gate which is visually pleasing and meets staff's criteria. He stated he parks his vehicles in his drive- way and the large trucks on Moody are parked by someone else. Mr. Lee stated he would like to check with his neighbors whether a gate in the wall would be acceptable, lie indicated he would not object to a gate if it opens in towards the property and does not expose materials which are in the yard. Mayor I[udson suggested continuing the matter For two weeks to allow the property owner and staff to design a plan for the wall and gate. Mr. Lee agreed with this suggestion. The City Manager suggested that the neighbors on eitl~er side of the sub- ject property be consulted regarding the wall construction. It was moved by Councilman Lacayo, seconded MacLain and unanimously carried to request owner meet with the staff to design a plan strnction. hy Councilwoman that ti~e property for the wa11 con- ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Robert Simmons, 9882 Newport Way, Cypress, representing the Chamber of Commerce, presented the Council with a photograph of the balloon race which was held during last year's May Festival. CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDATION TO ALLOW CONSTRUCTION OF AN OPENING IN TltE BALL ROAD MEDIAN ISLAND~ EAST OF MOODY STREET: The City Manager presented a report from the Public Works Director dated ,June 8 describing a recommendation and alternatives from the Traffic Commission to improve the accessibility of the shopping center located at the southeast corner of Moody Street and Ball Road. Tenants of the center requested an opening in the Ball Road median island to allow westbound traffic direct access into the center. The Commission recommended a reconstruction of the median to provide protected left turn pockets at the same opening for both shopping centers on the north and south sides of Ball Road. This would require the installation of a new driveway and parking lot modifications at the north shopping center. Staff presented sketches of the several proposals considered by the Commission. The owner of the center on the south side of Ball, LeBaron Investments, agreed with the Commission's recommendation and to bear the cost For the median island modification. City Council Minutes June 13, 1977 Mr. Allen Watts, 1055 N. Main, Santa Ana, attorney for Mr. Pebley, owner o£ the shopping center on the north side of Ball Road, stated they object to the Traffic Commission's recommendation and felt the parking lot modifications may adversely affect their tenants, many of which have been here for over eight years and rely on the access as it exists. He stated the Com- mission did not receive any input from Mr. Pebley. He stated they prefer leaving the median as it is, removal of the median altogether, or the second alternative which proposed removal of 150 feet of median and installation of two-way left turn pockets for the existing drives For the north and south shopping centers. Councilwoman MacLain asked if alternative Five would be acceptable which proposed removal of 70 feet of median island directly in Front of the south center's drive and she suggested double yellow striping between the medians to create a center lane which would permit left and right turns. Mr. Watts stated he did not object to this suggestion. Mr. Calvin Pebley, 609 Tudor Place, Anaheim, agreed with the suggestion, lie Felt the staff recommended against any change in the median and stated the City should be aware of its lia- bility if a change is made. It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to continue this matter to the .June 27 meeting and request that the Police Department and Traffic Commission review and make recommendations regarding alternative #5 as discussed by the City Council. Mr. Ralph Nielson, 1308 Moncado, Glendale, representing LeBaron Investments, reported all aspects of the proposal were discussed by the Traffic Commission and tile Commission felt their recom- mendation was preferable to the existing situation and would not increase the City's liability. Several Commissioners felt the present situation created liability to the City. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: llarvey, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju Councilman Itarvey introduced his daughters, Terry and Debby, who were in the audience. RECESS: Mayor Hudson called a recess at 9:10 p.m. The meeting was called back to order at 9:20 p.m. with all Councilmen present. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO TIlE ZONING ORDINANCE NO. 77-1: Mayor Hudson reopened the public hearing regarding amendment to the Zoning Ordinance #77-1 relating to condominiums and condominium conversions and asked for the staff's report. The City Manager presented a report from the Planning Director dated June 9 which indicated the hearing was continued from the May 25 meeting to allow the Council an opportunity for an on-site inspection of existing apartment and condominium projects in the City and to review a report submitted by the Daon Corporation which proposes a conversion of their apartment project to condo- miniums. 209 City Council Minutes June 13, 1977 The Planning Director stated the proposed ordinance would estab- lish construction requirements for condominiums and condominium conversions different from apartment requirements. The condo- minium requirements would be stricter by requiring individual utilities, two one-hour firewalls, and two parking spaces within a garage for each unit. Mayor Hudson asked if anyone wished to speak in support of adoption of the ordinance. There was no one wishing to speak in favor. He asked if anyone wished to speak in opposition. Mr. David Recupero, representing the Daon Corporation, 1300 Quail, Newport Beach, stated they previously transmitted a report to the Council addressing their concerns with the proposed ordinance and requesting modifications to the ordinance for the apartment project they intend to convert. He presented slides of the Cypress Townpark Apartments at the northwest corner of Bail Road and Holder Street and indicated that conversion would result in repair and upgrading of the units, landscaping and property in general and proper maintenance through a homeowners' association. Mr. Recupero stated they would support an ordinance which allows for feasible conversions but the proposed ordinance would make conversion of their project physically and economically impossible. He stated the Planning Commission did not receive a copy of their report. The Planning Director reported that when Daon contacted staff regarding possible conversion of their apartments, the staff advised them of the proposed condominium ordinance and outlined the structural requirements which they would be recommending for adoption. Staff suggested that if Daon had objections to any of staff's recommendations then they should wait until the Council's hearing on the ordinance before applying for conversion. Councilwoman Sonju suggested that the Planning Commission review Daon's report and give the Council input regarding a policy for conversions and whether the City should allow them at all. Mayor Hudson stated the staff report and Planning Com- mission did not address how conversions will affect the City's balance of available housing units and he indicated he would not like industrial development precluded because the City does not offer a mix of housing at varying economic levels. He felt in providing housing the City should be guided by concerns for safety and welfare of residents rather than by developers' economic interests. He asked that the staff report address what is the housing mix the City is seeking, the problems the City is trying to solve, and whether the ordinance addresses them. Councilman Lacayo supported the proposed ordinance and its application on future conversion requests. He felt existing apartments proposed for conversion may require deviations from the ordinance standards and he suggested that the Planning Com- mission consider modifications to existing apartments separately under different guidelines. The Planning Director stated that Section D3 of the proposed ordinance would allow for deviations from a strict interpretation of the parking requirements. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to close the public hearing and refer the matter to the Planning Commission to have them address the question of whether or not the City wants condominium conversions and, if so, how they procedurally should be handled, through an ordinance or conditional use permit, and if conversions are to be allowed then to recommend the ordinance as it is or in a revised form, and that the Commission receive the Daon Corporation's report. City Council Minutes June 13, 1977 Councilman Harvey expressed concern over the wording in the motion regarding whether the City should allow conversions and he felt the Council addressed this subject when they determined that conversion requests would be forthcoming because of present economics and they requested guidelines as to how and under ~hat conditions conversions would take place, lie felt the proposed ordinance was in tune with what the Council wanted. He stated he preferred that the Commission address how to cope with conversions rather than whether they should be permitted. At Councilwoman MacLain's request, Councilwoman Sonju agreed to add to the motion that the Planning Commission inquire whether other Orange County cities have a condominium conversion ordinance and, if so, obtain a brief statement of what their ordinances contain and information on their experience with the ordinance and conversions, and that the Commission address all future problems relating to conversions and in particular Items #2 and 3 on page S of the staf~ report. Mayor Hudson stated on his tour of apartments in the City he found a broad range of rental prices which did not reflect the appearance or upkeep of the projects. He asked that the Planning Commission address whether or not and to what degree conversions will meet the needs of residents and the long and short term problems the City may confront. He felt there was a need for a range of rental units as well as individual ownership units. Mr. David Recupero, representing the Daon Corporation, stated the City's Housing Element is partially addressed in their report and the staff report discussed the cost of housing in Cypress. He stated their project is an attempt to implement a Housing Element goal to provide moderate priced housing. Mayor lludson asked Planning Commissioner Mullen if there would be a benefit in referring this matter back to the Commission. Commissioner Gerald Mullen felt reconsideration would be worth- while and he felt all aspects were not covered in sufficient depth, lie stated he hoped the Commission's deliberations begin with the premise that conversions may not be undesirable. Councilwoman Sonju felt the Council made a policy decision not to accept any more conversions until it has ordinance guidelines and she stated she did not wish to consider this application until the Council receives the ordinance. Mayor Hudson stated he wanted to maintain the independent utility and fire wall standards as well as structural soundness and independence of the units and he felt new condominium units should meet current standards. Mr. Norman Osborne, 5792 Karen Avenue, Cypress, stated he hopes the Council enacts a firm ordinance which will set down guidelines. He stated a company could purchase an apartment complex and with a minimum investment could sell it for double the price and both the City and new owners would be short-changed. He stated the owners would be buying apartments when they thought they were buying condominiums and there is a difference. Mr. Recupero stated his clients have been involved with their project since last October and will divest themselves of the apartments if the ordinance is adopted in its present form. He asked to review several technical aspects of their project tonight relating to wall construction and parking requirements. City Council Minutes June 13, 1977 Councilwoman Sonju called for the question. The motion unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: [[arvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju Councilman ttarvey asked for a brief description of the Daon Corporation's project. Mr. Robert Peters, 130 Centennial Way, Tustin, architect for the Cypress Townpark Apartments, presented a model describing the type of wall construction in their project and reported the apartment layout was designed to lend itself to future conversion. He reported that to conform to the strict require- meats of the proposed ordinance, they would have to construct a wall next to the existing wall of each unit to get the two hour fire rating. He stated this rating could be accomplished by placing another layer of gypsum board on the existing wall. Mayor Hudson stated if there were other technical means to obtain the two hour fire wall without using the wall separation, as described by the applicant, then this would satisfy the safety requirement for him. PUBLIC HEARING RE: APPLICATION [:OR SPECIAl, PERMIT - MS. BETTY WASSO: Mayor Hudson reopened the public hearing and asked for the staff's report. The City Manager presented a report dated application for a special permit to allow ration for the sale of redwood furniture. ,June 3 regarding an door-to-door solici- Mayor lludson asked if the applicant wished to speak. The appli- cant was not present. It was moved by Councilwoman MacLain and seconded by Councilman Ilarvey to continue the public hearing regarding the application for a special permit filed by Ms. Betty Wasso to the June 27 meeting. The motion nnanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: llarvey, l,acayo, & ltudson NOES: 0 COIINCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju MINUTES: it was moved by Councilwoman MacLain and seconded by Council- woman Sonju to approve the May 23 minutes and, at Mayor Hudson's request, to attach a copy of the entire transcript of the dis- cussion regarding Councilwoman Sonju's attendance at the Calif- ornia Symposium on Statewide Urban Development Strategy to the April 25 minutes. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Lacayo MacLain, S0nju & Hudson l 'ity Council Minutes June 13, 1977 CONSIDERATION OF AWARD OF CONTRACT FOR ASPHALT AND RENTAL OF ASPHALT PAVING MACHINE REQUEST FOR QUOTATION #7677-79: The City Manager presented May 31 indicating bids two bids were received. a report from the Finance Officer dated were requested from three vendors and It was moved by Councilwoman Sonju and seconded by Councilman Harvey to accept the bid of All American Asphalt, 14482 Beach Boulevard, Suite 1, Westminster, California, as the lowest responsible bid and award them the contract in the amount of $73,540.00 plus sales tax. 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 So.iH CONSIDERATION OF AWARD OF CONTRACT FOR THE APPLICATION OF OIL TREATMENT OF VARIOUS STREETS IN THE CITY OF CYPRESS; PROJECT #7806-90: The City Manager presented a report from the Public Works Director dated June 9 indicating only one bid was received. Oil treatment is proposed on Valley View and Walker Street. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to determine that the lowest responsible b~dder For ~!7806-90 is Seal Black Company, Inc., ]3BI2 A Better Way, Grove, California, and award them the contract in th< total amount of $10,755.20. The motion unanimously carried by th~ EolJowlng roll call vote: \YES: 5 COIINC] LMEN: Ila rvey, & I[ud NOES: 0 COUNCILMEN: N~, :~ ~BSENT: 0 COUNC II,MEN: ~ , ,* i = ,PATION OF AWM~D OF ( "~TRU(?T[O "'' F?':!J[ , [ROM LEXIN,qTON l~l' I-i L qO 56~1 ' :: ~ ', ~ . ~.tJ. PROJECT ffM-l,050(1) ' CI'I'~ O1: (7~' : :;;- :7:],77 C]l'v Mn'a~er presented ~ report Fr~m ' : d~tc, d June (~ indicating the apparent low bid than the other two bids received. It was moved by Councilwoman MacLain and seconded by Councilmzln llarvey to determ5ne that Duca and McCoy, 336 Poinsettia Avenue, Corona del Mar, California, is the lowest responsible bidder and award them the contract for F.A.U. Project #M-L030(1) , City of Cypress Project #7623-10, per their proposal in the amount of $2,800.00. The motion unanimously carried by the following 'o[1 call vote: AYES: 5 COUNCILMEN: Harvey, & ttudson '~OES: 0 COUNCILMEN: None ~, qENT: 0 COUNCILMEN: None Lacayo, HacLain, Sonju CONSIDERATION OF AWARD OF CONTRACT FOR KATELLA AVENOE FROM LEXINGTON DRIVE TO 560 FEET EAST OF SIBONEY STREET, CITY PROJECT #7623-10, a report the nine F.A.U. PROJECT #M-L030(1): The City Manager presented from the Public Works Director dated June 9 outlining bids received. City Council Minutes June 13, 1977 It was moved by Councilwoman MacLain and seconded by Council- woman Sonju to: (1) find and determine that the failure of Fleming Engineering to include a list of subcontractors was an inadvertent clerical error; and (2) determine that the lowest responsible bidder for F.A.II. Project #M-L030(1) is Fleming Engineering, Inc.~ 13909 Artesia Boulevard, Cerritos, Cali£ornia, and award them the contract in the amount of $285,201.60, subject to approval by F.H.W.A. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Lacayo, & Hudson NOES: 0 COONCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju CONSIDERATION OF AWARD OF CONTRACT FOR SLDRRY SEAL OF VARIOUS STREETS IN TltE CITY, CITY PROJECT #780S-90: The City Manager presented a report from the Public Works Director dated June 9 outlining the five bids received. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to determine that the lowest responsible bidder for Project #7805-90 is Roy Allan, 30381 Via Alcazar, Laguna Niguel, California, and award them the contract in the amount of $10,348.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCIL~iEN: Harvey, Lacayo, & Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju Hearing no objections, the Mayor added the following items to the agenda: Item #5a regarding award of contract for parking lot refurbishment; Item #42 regarding parking problems at Oak Knoll Park. The City Manager also requested an Executive Session to discuss matters of personnel. CONSIDERATION OF AWARD OF CONTRACT FOR PARKING LOT REFURBISHMENT, REQUEST FOR QUOTATION #7677-21RP: The City Manager presented a report from the Finance Officer dated June 13 outlining two bids received for parking lot refurbishment at Arnold/Cypress Park. 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, accept the bid from Asphalt Patching & Sealing Company, 10300 B Sentry Drive, Stanton, California, as the lowest responsible bid and award them the contract in an amount not to exceed $4,885.00. 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 CONSENT CALENDAR: The Mayor announced that all items listed on the agenda under "Consent Calendar" were to be considered by the City Council as routine and enacted by one motion approving the recommendation regarding each item. Mayor Hudson requested that Item #21 be removed. 8 o City Council Minutes ,June 13, 1977 It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to approve Items #6 through #24 with the exception of Item #21, and that Items #32, 33, 35, 38 and 41 on the agenda be added to the Consent Calendar. 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 Item #6: Consideration of Acceptance of Improvements of the Modification of Traffic Signal at the Intersection of Cerritos Avenue and Walker Street, City of Cypress Project #7710-50. Recommendation: That the City Council: (1) authorize a budget transfer from the Gas Tax Fund and appropriate $428.00 from the fund balance of the Gas Tax Fund to Account #10-4187-413.22; and (2) accept the modification of traffic signal at the intersection of Cerritos Avenue and Walker Street, Project #7710-50, as being satisfactorily completed in accordance with the plans and speci- fications and authorize the City Clerk to release the Labor and Materials Bonds upon expiration of the required lien period providing no liens have been filed and to release the Faithful Performance Bonds upon expiration of one year guarantee providing no defects in material or workmanship become evident. Item #7: Consideration of Acceptance of Development Project, Second Year Program Nelson Street; City Project #7600-90. Improvements, Community on Newman Street and Recommendation: That the City Council: (1) appropriate $18,192.00 and distribute to the following accounts: 10-4001-442.21 10-4006-442.21 10-4016-442.21 10-4021-442.21 10-4151-442.21 10-4186-442.21 10-4189-442.21 $8,068.00 2,691.00 94.00 490.00 47.00 6,700.00 102.00 (2) accept the street improvements on Newman Street and Nelson Street, Community Development Project #7600-90, as being satis- factorily completed in accordance with plans and specifications and authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bonds upon expiration of one year guarantee, providing no defects in material or workmanship become evident. Item #8: Consideration of Acceptance of Improvements on Walker Street from DeLong Street to Orange Avenue; City Project #7405- 10-0776. Recommendation: That the City Council: (1) approve the transfer of $4,060.00 from Account #10-4186-405.21 and distribute to the following accounts: 10~4001-405.21 10-4006-405.21 10-4011-405.21 10-4016-405.21 $2,784.00 960.00 169.00 37.00 City Council Minutes June 13, 1977 (2) accept the street improvements on Walker Street from DeLong Street to Orange Avenue, Project #7405-10-0776, as being satis- factorily completed in accordance with plans and specifications and authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bonds upon expiration of one year guarantee, providing no defects in material or workmanship become evident. Item #9: Consideration of Annual Requalification of Partici- pating Cities in the County o£ Orange Arterial ltighway Financing Program. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1861 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS INFORMING THE COUNTY ARTERIAL FINANCING ADVISORY COMMITTEE THAT NO CHANGES ARE REQUESTED FOR INCLUSION IN THE COUNTY ARTERIAL HIGHWAY MASTER PLAN. Item #10: Consideration of Acceptance of Final Tract Map #9736. Recommendation: That the City Council approve Final Tract Map #9736 and accept the bond for public improvements in the amount of $36,900.00 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 #11: Consideration of Weed Abatement Program Approval of Specifications and Authorization to Advertise for Bids. Recommendation: That the City Council approve the specifications for the fiscal year 1977/78 Weed Abatement Program and authorize the City Clerk to advertise for bids with bids to be received at 10:00 a.m. on July 5, 1977. Item #12: Consideration of Donation from Arnold Unified Council. Recommendation: That the City Council: (1) accept the donation of $165.36 from the Arnold Unified Council for cost of street trees in the parkway on Denni Street in front of the Arnold Elementary School; and (2) instruct the staff to write a letter to the Arnold Unified Council expressing appreciation for the donation. Item #13: Consideration of Local Agency/State Agreement 07-5330. Recommendation: That the City Council approve the Local Agency/ State Agreement #07-5330 and authorize the Mayor to sign and the City Clerk to attest subject to approval of the City Attorney. Item #14: Consideration of Renewal of Contract for Sewer Maintenance. Recommendation: That the City Council authorize renewal of the City sewer maintenance contract in a total amount not to exceed $20,000 in accordance with the rates submitted by Willis H. Walker, Sewer Contractor, 414 N. Philadelphia, Anaheim, California, Quotation #2181 dated May 9, 1977. 10. ~i~ity Council Minutes June 13, 1977 Item #15: Consideration of Appropriation to Cover Senior Citizen Coordinator (CETA). Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, make the following appropriation for the Senior Citizens Program: 10-4011-317-08 (Salary) 10-4016-317-08 (Fringe) $3,230 634 Total $3,864 Item #16: Consideration of Employment List - Recreation Specialist/Volunteer Coordinator, Cypress Recreation and District. Park Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, certify the employment list for the position of Recreation Specialist as submitted. Item #17: Consideration of Agreement Between the Cypress Recreation and Park District and the Federal Little League Cypress and Cypress Pony Colt/Thoroughbred League. of Recommendation: That the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, authorize the Mayor to sign the agreement on behalf of the Cypress City Council. Item #18: Consideration of Joint Powers Agreement and Amend- ment to Agreement. Recommendation: That Board of Directors of authorize the Mayor to Cypress City Council. the City Council, acting as ex officio the Cypress Recreation and Park District, sign the agreement on behalf of the Item #19: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids - Valley View Street Interconnect Progression; City Project #7625-90. Recommendation: That the City Council approve the plans and specifications for the Valley View Street Interconnect and Progression System and authorize the City Clerk to advertise for bids with bid date to be on July 5, 1977 at 10:00 a.m. Item #20: Consideration of a Request from Br. Robert C. Vixon, President, the United Cancer Institute, to Proclaim September 8, 1977 as National Cancer Day. Recommendation: That the Mayor and City Council proclaim September 8, 1977 as "National Cancer Day" in the City of Cypress. Item #22: Consideration of a Three Month Extension of the Contract Between the City and the County for the Juvenile Diversion Grant Program. Recommendation: That the City Council approve the contract amendment for the Juvenile Diversion Grant to extend the period of time to September 30~ 1977 and authorize the Mayor to sign and the City Clerk to attest the subject agreement. Item #23: Vacation. Consideration of Request by the City Manager for Recommendation: That the City Council approve request for vacation for the period of June 17 1977. the City Manager's through July 8, 11. City Council Minutes June 13, 1977 Item #24: Consideration of a Request from Mrs. Richard Ralston, the National Foundation ~ March of Dimes, to Proclaim the Period of July 4 through August 31, 1977 as Healthy Baby Summer. Recommendation: That the Mayor period of July 4 through August Summer" in the City of Cypress. and City Council proclaim the 31, 1977 as "Healthy Baby Item #32: Consideration of a Request for an Increase in the Charges for Legal Services. Recommendation: That the City Council approve an increase in the City Attorney's fee for retainer services by $100.00 a month and the fee for other legal services (exclusive of liti- gation and financing projects) by the sum of $200.00 per month, for a total annual increase of $3600.00. Item #33: Consideration of an Ordinance Providing for Access to Criminal Records. Recommendation: reading of the follows: That the City Council approve the first following Ordinance by title only, title as ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS PROVIDING FOR ACCESS TO STATE SUMMARY CRIMINAL HISTORY INFORMATION AND DELINEATING THOSE PERSONS EXCLUDED FROM EMPLOYMENT, CERTIFICATION, LICENSING BECAUSE OF CERTAIN CRIMINAL CONDUCT. Item #35: Consideration of Traffic Commission Recommendation for "No Parking" Areas (Crescent Avenue, Moody Street, Holder Street). Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING" ZONES AND "NO PARKING" AREAS. Item #38: Consideration of Approval of Commercial Warrant Lists. Recommendation: That the City Council for Warrants #45704 through #45819 in $210,731.77. approve the Warrant the total amount of List Item #41: Consideration of Approval of Recreation and Park District Commercial Warrant Lists. Recommendation: That the City Council approve the Park District Warrant List for Warrants #6678 through #6725 in the total amount of $6o,414.90. In regard to Item #21, Consideration of a Request from the Garden Grove Sanitary District Requesting Support for Public Use of the Rubbish Transfer Stations on Weekends, Mayor Hudson stated the Knott Avenue station will be open every Saturday throughout the summer and he suggested that the City's Saturday Refuse Program be discontinued because of the availability and close location of the station to Cypress. The City Manager suggested that the change take place after the next collection date of July 2 in order to notify residents. 12. ~ity Council Minutes ,June 13, 1977 It was moved by Councilwoman Sonju, seconded by Councilwoman MacLain and unanimously carried to authorize the City Manager to notify the Orange County Board of Supervisors that the City Council is in support o£ the use by the public of the rubbish transfer stations on weekends, and that the City's Saturday Refuse Program be discontinued after July 2 while the transfer stations are open for public use. CONTINUATION OF CONSIDERATION OF "NO PARKING" BAN ON STREET SWEEPING DAYS: The City Hanager presented a report dated June 9 indicating the matter was continued from the May 23 meeting. Councilwoman Sonju suggested that the matter be continued because of the lateness of the hour. Councilwoman MacLain stated she would be absent from the June 27 meeting and that her position was she supported implementing some type of over- night parking ban so that the street sweeping can be more effective. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to continue the matter to the June 27 meeting. CONTINUATION OF CONSIDERATION OF PROPOSED ORDINANCE AMENDING THE ADMISSIONS TAX ORDINANCE: The City Manager presented a report dated June 9 and recommended that this item be continued to the June 27 meeting. It was moved by Councilwoman Sonju, MacLain and unanimously carried to June 27 meeting. seconded by Councilwoman continue the matter to the CONTINUATION OF CONSIDERATION OF COMMUNICATION FROM COUNCILWOMAN ROBIN YOUNG OF LA NABRA REGARDING TRANSPORTATION POLICIES OF TIlE ORANGE COUNTY TRANSIT DISTRICT: The City Manager presented a this matter was continued from report dated June 9 indicating the May 23 meeting. It was moved by Mayor Iludson, seconded by Councilwoman MacLain and unanimously carried to receive and file the matter. CONTINUATION OF CONSIDERATION OF AB 1560: presented a report dated June 9 indicating continued from the May 23 meeting. The City Manager the matter was The Council held discussion regarding the bill and Councilmen Sonju and Lacayo indicated they did not snpport the bill in its present form. Councilwoman MacLain suggested that information be made available regarding a judge's personal background and experience in the judicial system. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to oppose AB 1560 in its present form and transmit the Council's concerns to the bill's author (Antonovich) that the pressure from publishing a judge's felony sentencing record could lead to the election of "hanging judges" and indicate that the City Council would like to receive further information regarding the qualifications, background and experience of judicial candidates. Councilman Harvey supported the intent of the bill to make information regarding judges' activities available to the electorate and stated he did not support the wording or intent of the Council's motion. 13. City Council Minutes June 13, 1977 219 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 A REQUEST FOR CITY MANAGER'S REPORT ON CITY COUNCIL ACTIONS AT THE APRIL 18, 1977 MEETING: The City Manager presented a report dated June 9 indicating he felt the Council did not discuss or act on a memorandum from Councilwoman Sonju regarding attendance at a conference at the April 18 meeting. Councilman Lacayo moved to receive and file the report. Councilwoman Sonju stated for the record that her recollection of the April 18 meeting was that the meeting was adjourned and as she was leaving the City Manager handed copies of her memo- randum to the Council members. She stated Councilman Lacayo looked at the memorandum but she did not see him leave and she did not know what occurred after that. Councilman Lacayo stated he read the memorandum and left the meeting and the rest of the Council held no secret meeting and there was no vote or other action on the matter. Councilwoman Sonju stated she left the meeting but that a statement was made subsequent to that that she had left the meeting before it was adjourned and the subject was discussed. Mayor Hudson stated that to the best of his recollection the subject did not come up as a discussion item at the April 18 meeting. The motion to receive and file was seconded by Councilwoman MacLain and unanimously carried. CONSIDERATION OF REPORT ON FEASIBILITY OF CONSERVING STORM WATER FOR BENEFICIAL USES: The City Manager transmitted a report from the Public Works Director dated June 9 which eval- uated several proposals to use the storm water collected in the retarding basin. The staff felt there was no feasible way to use the water. It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to receive and file the report. SECOND READING OF ORDINANCE RE: ZONE CHANGE NO. 77-2 (LINCOLN AVENUE OVERLAY ZONE): Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 598 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTION 12 OF ORDINANCE NO. 559 RELATING TO SPECIAL PURPOSE ZONES. It was moved by Councilman Harvey and seconded by Councilwoman MacLain to adopt Ordinance No. 598. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Hudson ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju Lacayo & MacLain CONTINUATION OF CONSIDERATION OF STUDY OF NON-PROFIT ORGANIZA- TIONS - CHARITABLE: The City Manager presented a report dated dune 9 indicating this matter was continued from the May 25 meeting. 14. Council Minutes June 13, 1977 It was moved by Mayor Hudson, seconded by Councilman Lacayo and unanimously carried to continue this item to a workshop meeting on August 13 with the Arts and Cultural and Recreation and Park Commissions and that the City Manager send a letter to all community organizations which use City parks and the Community Center requesting their feelings on City policies relating to use of these facilities, and that Item #42 regarding parking problems at Oak Knoll Park be referred to the Recreation and Park Commission for their study and recommendation. The Council then directed the City Manager to contact the two Commissions to determine whether August 13 or August 14 would be the most convenient meeting date, and indicate that the Council prefers August 14. ORAL COMMUNICATIONS: There were no oral communications pre- sented at this time. EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of personnel at 11:23 p.m. COUNCILMAN HARVEY LEFT THE MEETING AT 11:40 P.M. The meeting was called back to order at 11:55 p.m. with Council- man Harvey absent. ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 11:55 p.m. to Tuesday, June 21, 1977 at 7:00 p.m. in the administrative conference room. ATTEST: MAYOR OF TH~CITY OF CYPRESS ~'ITY~ ~L-ERK ~3F'-'~HE ;CITY OF CYPRESS 15.