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Minutes 77-07-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 25, 1977 The regular meeting of the Cypress City Council was called to order at 5:00 p.m. on Monday, July 25, 1977 in the Administrative Conference Room of the Cypress City Hall, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Councilmen Lacayo, MacLain, Sonju and Hudson None Mayor Hudson recessed the meeting at 5:30 p.m. in order for the Council to take a tour of Nature Park, 4201 Ball Road. The meeting was called back to order at 6:35 p.m. in the Cypress City Council Chambers with all Council members present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City staff: Barrett, Davenport, Duke, Fauke, Lamm, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: to the flag. The Public Works Director led the pledge PRESENTATIONS: Mayor Hudson presented a five year service pin ho: Howard Crisp, David Barrett, Dennis Davenport and Susan Jansen and a 15 year service pin to City Manager Darrell Essex. Employees receiving a five year pin who were not present were: Daniel Evans, Edward Herbold, Andrew Jackson, Hugh Patty, Charles Vandevort and James Weuve. Ms. Alice Mauldin reported on the West Orange County Burglary Prevention Team which consists of Police Department represen- tatives from Cypress, La Palma, Buena Park, Midway City, Rossmoor, Stanton and Garden Grove. Their main emphasis is on residential security and in encouraging residents to participate in the home security program to safeguard against burglaries. By calling (213) 431-1344, (714) 534-4001, or the local Police Department, an officer will visit the home and make an inspection and suggest easy and practical measures on how to reduce the likelihood of burglary. MINUTES: It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to approve the minutes of July 11. CONSIDERATION OF AWARD OF CONTRACT FOR LEGAL ADVERTISEMENTSt REQUEST FOR QUOTATION #7677-84: The City Manager presented report from the Finance Officer dated July 20 outlining the three bids received. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to award the contract for the 1977/78 fiscal year for legal advertisements to the News Enterprise, 3722 Catalina Street, Los Alamitos. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju & Hudson City Council Minutes The City Manager stated he had a verbal Hyatt Die Cast. Hearing no objections, following items to the agenda: report to make regarding the Mayor added the Item ~30 regarding the draft of the newsletter, Item #31 regarding regional parksites in western Orange County, Item #32 regarding the National League of Cities regional conference, Item 933 regarding nuisance abatement for property at the southeast corner of Orange Avenue and Grindlay, Item ~34 regarding support of Councilwoman Sonju as a city representative to the Orange County Committee on Regional Parks, and support for Councilwoman MacLain as first vice president of the Orange County Division of the League of California Cities, Item ~35 regarding a citizens' committee on the Regional Governmental Center, Item #36 regarding an allocation of funds for bird seed for Nature Park, and Item #37 regarding the mailing of water conservation packets to residents. The City Manager also requested an Executive Session for matters of personnel and litigation. ORAL COM~4UNICATIONS: Mayor Hudson asked speak in regard to any matter not on the to speak. if anyone wished to agenda. No one wished CONTINUATION OF CONSIDERATION OF TOT LOT EXCAVATION IN TRACT NO. 8126: The City Manager presented a report from the Public Works Director dated July 19 who estimated the cost of the excavation work at $750.00. The City Attorney advised that the City had no basis to spend public funds for the improvement. Mr. Gary Waugaman, 11370 Harkers Court, Cypress, felt the esti- mate could be reduced if some of the work is performed by the Homeowners' Association. He stated S & S Construction's in- volvement ended with the Association's acceptance of $5,000 for tot lot improvements. Mrs. Cynthia Brasset, 6657 Brewster Court, Cypress, read a statement urging the Council's assistance in the matter. She felt the City was responsible for not properly investigating drainage of the tot lot area. Following discussion of the matter, it was moved by Councilman Lacayo and seconded by Councilwoman Sonju to direct the City Manager to communicate with S & S Construction Company and inquire what solutions they propose to correct the problem to the homeowners' satisfaction, and to continue this item to the next meeting. Mayor Hudson disagreed with this action and felt substantiating facts should be presented on whether the City was in error. He felt the City's involvement in a private matter was improper. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain & Sonju NOES: 1 COUNCILMEN: Hudson ABSENT: 0 COUNCILMEN: None -2- City Council Minutes July 25, 1977 CONTINUATION OF CONSIDERATION OF TRAFFIC COMMISSION RECOMMENDA- TION FOR AN OPENING IN THE BALL ROAD MEDIAN ISLAND EAST OF MOODY STREET: The City Manager presented a report from the Public Works Director dated July 21 indicating the Traffic Commission reconsidered the matter along with the Council's concerns at their July 13 meeting which was attended by repre- sentatives of the two shopping centers. The Commission reaffirmed their recommendation for Alternative #3 as the safest method to improve access to the south shopping center. The City Manager transmitted a report from Mr. Neilson, the owner of the south shopping center. The Public Works Director presented diagrams and described several of the alternatives which the Commission considered. The Council discussed the relation of the alter- natives to traffic movements and safety factors. Mr. Calvin Pebley, 609 Tudor, Anaheim, owner of the center on the north side of Ball Road, objected to the Traffic Commission's recommendation since it involved reduction of parking spaces in the center and possibly a loss of tenants. He suggested leaving conditions as they are or the installation of double yellow striping to provide a median traffic lane for turns into either center. He stated he and Mr. Neilson support Alternative #2 which calls for removal of part of the raised median and instal- lation of the painted median island. Mr. Ralph Neilson, representing LeBaron Investments and the south shopping center, stated Alternative #2 is acceptable. He stated the lack of access for westbound Ball traffic is hurting business. He agreed to sign the driveway on Ball for no left turns. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju ~o approve Alternative #2 and that a no left turn sign be posted at the driveway at the south shopping center. Mr. A1 Wall, a tenant in the north shopping center, stated the C<~unci] should consider that the north center has more traffic and he asked if a U-turn signalization was considered for the intersection. The Public Works Director stated this was con- sidered by the Commission and it was determined it would not solve the problem for the south center. Mr. Neilson agreed it would not solve the problem. The Council discussed the possibility of providing a second driveway at the south shopping center, signing the easterly driveway for no left turns, and Alternative ~4 which the Public Works Director felt was preferable to Alternative ~2. Mr. Pebley and Mr. Neilson indicated #4 would be acceptable. A substitute motion was moved by Councilman Lacayo and sec- onded by Councilwoman Sonju to approve the implementation of Alternative #4 which provides for removal of a portion of the median island and installation of painted side by side left turn pockets. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 1 COUNCILMEN: Hudson ABSENT: 0 COUNCILMEN: None MacLain & Sonju Mayor Hudson announced that it was time to conduct the public hearing. He opened the hearing regarding Adoption of a Program for the Expenditure of Funds Allocated Under Revenue Sharing and continued it until later. RECESS: Mayor Hudson called a recess at 8:15 p.m. The meeting was called back to order at 8:30 p.m. with all Councilmen present. -3- Council Minutes 0u±y zD, ±~/i CONTINUATION OF CONSIDERATION OF ACQUISITION OF RIGHT-OF-WAY AND STREET IMPROVEMENTS AT 9191 MOODY STREET: The City Manager presented a report from the Public Works Director dated July 19 who estimated the cost for street improvements, including the acquisition of right-of-way and severance damages, at $21,000. He transmitted a petition with 118 signatures of residents in the adjacent tract which requested consideration of the improve- ments for street widening and acquisition of the property, and he presented a map showing the property owners who signed the petition. The Public Works Director described the impact of the proposed improvements on the property at 9191 Moody Street. Mr. Jacob Rynsburger, 9191 Moody Street, pointed out diffi- culties with staff's recommendation and stated he had no alter- native to offer. He felt the dwelling could not be oriented towards Esther Street because there is no rear access. Mr. Frank Lee, 9199 Esther Street, asked if the Council intended to take action with regard to their previous petition concerning other nuisance conditions on the property and he indicated the City's unresponsiveness may lead to a lawsuit. The Council advised him that they were considering all problems on the property as a whole. Mr. Lee stated he had no objections to the improvements on Moody Street but stated several neighbors objected to a new wall being constructed on the property line on Esther Street. Councilman Lacayo stated he supported the improvements on Moody and suggested that the frontage of the property be open with the wall constructed on Esther Street. Mr. Rynsburger expressed concern over the improvements being located so close to his dwelling. Councilwoman Sonju suggested formation of a citizens' committee to meet with staff and Council representatives and the property owner to resolve the problems. Mr. John Roper, 9140 Esther Street, supported the improvements on Moody Street and leaving the property frontage open with access from the existing driveway. He felt area residents would support orienting the house towards Esther Street. He volunteered to serve on the committee. Several persons in the audience also agreed to serve on the committee. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to establish the committee and continue the matter to the next meeting. Councilmen Sonju and Lacayo agreed to be on the committee and Mayor Hudson stated he would be an alternate. Hearing no objections, Mayor Hudson added Item #38 to the agenda regarding Hyatt Die Cast. The City Manager reported that in response to receiving several recent complaints regarding the operation and noise at Hyatt Die Cast, 4656 Lincoln Avenue, the staff made several site inspections over the past week including one today by the Public Works Director. The Public Works Director reported that he in- spected the rear, southerly building and reviewed the packaging of magnesium wheels which was in progress. He stated the opera- tion consisted of transporting pallets of mag wheels. Wheels are manually placed on a conveyor which goes through a degreasing machine, then they are removed, stacked on pallets and taken to be placed in cardboard boxes. He stated there was noise from the metal clanking together and from the tow motor opera- tion which picks up and moves the pallets. He stated Controller Rudy Lloyd's contention was that the packaging and degreasing is part of the warehouse and storage operation. The Public Works Director stated he could not classify these operations to determine whether they comply with the conditional use permit. -4- ~[~ity Council Minutes July 25, 1977 The City Attorney stated the Council should define what is meant by the condition of the use permit which limits use of the building to storage and warehouse purposes and make a factual determination as to whether the degreasing and conveyance of the magnesium wheels is incidental to storage and warehousing. If not, he stated the Council could direct legal proceedings against the business. In response to ques- tionning, the Public Works Director reported Hyatt has been casting wheels since Feburary, 1977, that the degreasing operation is an assembly line type operation, he did not detect odors, and he was unaware whether a Fire Department inspection was made. He reported casting is occuring in the north building and packaging in the southerly building. Councilwoman Sonju stated she was prepared to make a determina- tion that the degreasing is not a warehouse operation but is an assembly line, manufacturing operation and is inappropriate in the south building and that the Council should take the necessary actions. She suggested that the City could assist Hyatt Die Cast in finding a location to expand. Councilwoman MacLain suggested continuing the matter to the next meeting to allow the Council and Mr. Hyatt a chance to review and define the conditional use permit. Councilwoman Sonju stated the business has been a continual annoyance to neighbors for years and the legal action would result in a determination of per- mitted activities. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to notify Mr. Hyatt that the Council intends to take legal action, to find that the degreasing and packaging opera- tions as described by the Public Works Director are not ware- housing operations but are manufacturing operations, to direct the City Attorney to take appropriate legal action, and to request an inspection by the Fire Department. The City Attorney stated he would advise Mr. Hyatt's attorney and then file a complaint and either an application for a pre- liminary injunction or temporary restraining order. He indi- cated the City could expect a judgment through the court or by stipulation and a stipulated judgment would define, subject to Council approval~ what actions constitute storage and warehousing. He stated a judgment would make available a contempt citation in case there are future violations. He stated a hearing on a preliminary injunction probably could be held in four or five weeks and it would take effect at that time. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to include in the motion that Conditional Use Permit No. C-211 be reviewed at the next meeting. The Council heard comments from the following persons who ob- jected to the noise at night, devaluation of property and activities in violation of the use permit: Mr. Lester Wilson, 9190 Whitney Way, Mrs. Marne Glass, 9210 W~itney Way Mr. Fred Glass, 9210 Whitney Way Mr. Pat O'Hara, 9170 Whitney Way Mr. James Eyre, 9100 Whitney Way Cypress The Council discussed filing criminal action and the City Attorney stated $500.00 is the maximum fine for a misdemeanor for a viola- tion of the Zoning Ordinance. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to include in the motion that the City Attorney be directed to file criminal action. The motion, as amended, unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson -5- City Council Minutes July 25, 19'77 RECESS: Mayor Hudson called a recess at 10:15 p.m. The meeting- was called back to order at 10:25 p.m. with all Councilmen present. CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF A PROGRAM FOR THE EXPENDITURE OF FUNDS ALLOCATED UNDER REVENUE SHARING: It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to continue the public hearing to the August 8 meeting. 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 listed on the agenda. No one wished to remove an item. It was moved by Mayor Hudson, seconded by Councilwoman Sonju and unanimously carried to add Items #19, 23, 28, 29, 30, 32, 34, 36 and 37 to the Consent Calendar. The recommendation for Item #30 was to approve the newsletter draft subject to any corrections by the Council; for Item #32 to approve the atten- dance by any Council member; for Items ~36 and 37 to continue to the August 8 meeting; and for Item #34 to support Council- woman Sonju's appointment to the Orange County Regional Park Committee and support Councilwoman MacLain's election as first vice president of the Orange County Division of the League. Mayor Hudson divided Item #32 into #32a and 32b and Item #32b related to attendance at the annual League conference by City commissioners. Hearing no objections, Mayor Hudson added the following items to the Consent Calendar, with the recommendation to continue to the August 8 meeting: Items #17, 24, 25, 26 and 27. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to approve Items ~4 through #15 on the Consent Calendar with the addition of the above items. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson Item #4: Consideration of Endorsement of the Natural Gas Transportation System. Recommendation: That the City Council authorize the City Manager to notify President Carter of the City Council's support for the Trans-Alaska Project Transportation System for Alaska North Slope gas for reasons outlined in the position statement prepared by the League of California Cities. Item 95: Consideration of a Request from Ms. Teresa M. Serena, ~ty Chairman, National Sudden Infant Death Syndrome Founda- tion, to Proclaim the week of July 25-31, 1977 as Sudden Infant Death Syndrome Awareness Week. Recommendation: That the Mayor and City Council proclaim July 25-31, 1977 as "Sudden Infant Death Syndrome Awareness Week" in the City of Cypress. Item ~6: Consideration of a Request from Mrs. Winn MacEwan, ~ve Director, Leukemia Society of America, Inc., to Proclaim the Week of September 18-24, 1977 as Leukemia Week. Recommendation: That the Mayor and City Council proclaim the week of September 18-24, 1977 as "Leukemia Week" in the City of Cypress. -6- City Council Minutes July 25, 1977 Item #7: Consideration of Certification of Employment List - ~Cadet. Recommendation: That the City Council certify the employment list for the position of Police Cadet as submitted. Item #8: Consideration of Appropriation of 1976-77 Encumbrances Recommendation: That the City Council authorize appropriations per the July 21 worksheet totaling $197,107.16 to the General Operating Fund and $10,723.66 to the Central Services Fund. Item #9: Consideration of Acceptance of Improvements and Release of Bonds for Parcel Map No. 76-6, Project 7519-10. Recommendation: That the City Council accept the public improve- ments in Parcel Map #76-6 as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the monumentation bond and the labor and material bond upon expiration of their required lien period, providing no mechanic liens are filed, with the performance bond to be held for one year from the date of acceptance to guarantee against any defects in material or workmanship. Item #10: Consideration of Resolutions Commending Cypress Youth Commissioners. Recommendation: That the City Council adopt the following Res- olutions by title only, titles as follows: RESOLUTION NO. 1874 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING YOUTH CO~MISSIONER LANE LANDMEIER FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 1875 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING YOUTH COMMISSIONER TERRENCE MONREAL FOR HIS OUTSTANDING CONTRI- BUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 1876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING YOUTH COMMISSIONER DELIA RIOS FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 1877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING YOUTH COMMISSIONER ANGELA TERRY FOR HER OUTSTANDING CONTRIBU- TIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 1878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING YOUTH COMMIESIONER JUDITH YOLKEN FOR HER OUTSTANDING CONTRI- BUTIONS TO THE CITY OF CYPRESS. Item #11: Consideration of Final Report, Cypress Lighting District #2, Calendar Year 1978. Recommendation: That the City Council adopt the following Reso±utlon Dy title only, title as follows, which approves the diagram and Final Assessment for Cypress Lighting District No. -7- City Council Minutes July 25, 1977 2 for the 1978 calendar year and authorizes transmittal of same to the County Tax Collector: RESOLUTION NO. 1879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COUNTY OF ORANGE, STATE OF CALIF- ORNIA, AND LEVYING ASSESSMENTS ON PARCELS OF LAND LOCATED IN THAT AREA KNOWN AS CITY OF CYPRESS LIGHTING DISTRICT NO. 2 TO PAY FOR THE COST OF THE INSTALLATION, MAINTENANCE AND FUR- NISHING OF ELECTRIC CURRENT TO LIGHT SAID STREET LIGHTING SYSTEM FOR THE PERIOD FROM JANUARY 1, 1978 THROUGH DECEMBER 31, 1978 PURSUANT TO THE REPORTS OF THE CITY ENGINEER OF SAID CITY ALL IN ACCORD WITH AND PURSUANT TO THE PROVISIONS OF DIVISION 14, PART 1, STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA, AS AMENDED, REFERRED TO AS THE "STREET LIGHTING ACT OF 1919". Item #12: Consideration of Traffic Commission Recommendation o~ a No Parking Area - Walker Street, North of Vista Sierra. Recommendation: That the City Council adopt the following Resolution by title only, title as follows, approving the Traffic Commission recommendation for a 60 foot "No Parking" area on the west side of Walker Street north of Vista Sierra Street: RESOLUTION NO. 1880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO STANDING" ZONES AND "NO PARKING" AREAS. Item #13: Consideration of Employment List - Park Maintenance Worker I, Cypress Recreation and Park District. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, certify the employment list for the position of Park Maintenance Worker I as submitted. Item #14: Consideration of New Fall Programs and Fees. Recommendation: That the Board of Directors of the ratify the Recreation and the new Fall programs and $8,00; Instrumental Music City Council, acting as the ex officio Cypress Recreation and Park District, Park Commission's action and approve fees as follows: Graphoanalysis - $15.50. Item #15: Consideration of Appropriation of 1976-77 Encumbrances - Park District. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize appropriations per the July 14 worksheet for encum- brances totaling: $11,633.16 to the General Operating Fund and $78.77 to the Central Services Fund. Item #17: Continuation of Consideration of Proposed Ordinance ~ the Admissions Tax Ordinance. Recommendation: That the City Council continue this matter to t~e August 8 meeting. -8- City Council Minutes July 25, 1977 Item #19: Consideration of Liability Insurance Renewal. Recommendation: That the City Council authorize the staff to renew the City/District self insurance program through Cal- Surance with a $50,000 S.I.R. at a total premium not to exceed $77,000 and appropriate $29,105 for the Liability Insurance Program - $4,300 from the District and $24,805 from the City. Item ~23: Consideration of a 60 Day Extension of Lease with the Cypress Boys' Club. Recommendation: That the City Council authorize a month to month extension of the lease between the City and the Cypress Boys' Club for the land and building at 10161 Moody Street for a period not to exceed 60 days commencing on August 1, 1977 under the same terms and conditions as the current lease. Item #24: Consideration of Obtaining Appraisals for Two Parcels of Property Adjacent to the Civic Center. Recommendation: That the City Council continue this matter to the August 8 meeting. Item #25: Consideration of Membership Renewal/Santa Ana River Flood PrOtection Agency. Recommendation: That the City Council continue this matter to the August 8 meeting. Item ~26: Consideration of Membership in the U. S. Conference of Mayors. Recommendation: That the City Council continue this matter to the August 8 meeting. Item #27: Consideration of Report Regarding Team Projects. Recommendation: That the City Council continue this matter to the August 8 meeting. Item #28: Consideration of Approval of Commercial Warrant Lists for Warrants ~46122-46230. Recommendation: That the City Council approve the Warrant List for Warrants #46122 through #46230 in the total amount of $178,534.84. Item #29: Consideration of Approval of Recreation and Park District Commercial Warrant List for Warrants ~6845-6889. Recommendation: That the City Council approve the District Warrant List for Warrants #6845 through #6889 in the total amount of $49,812.48 Item #30: Consideration of Newsletter Copy. Recommendation: the newsletter review. That the City Council approve the draft of subject to corrections following the City Council's Item #32a: Consideration of National League of Cities Regional Conference. Recommendation: That the City Council authorize any Council member who is interested to attend the National League of Cities Regional Conference to be held August 3-4, 1977 in Las Vegas and that they be reimbursed for all actual and necessary expenses. -9- City Council Minutes Item #34: Consideration of Support of Appointment to Orange County Regional Park Committee and Election to Orange County Division of the League of California Cities. Recommendation: That the City Council support the appointment of Councilwoman Sonia Sonju to the Orange County Regional Park Committee and Councilwoman Alice MacLain's election as first vice president of the Orange County Division of the League. Item #36: Consideration of Purchase of Bird Seed for Nature Park. Recommendation: That the City Council continue this matter to the August 8 meeting. Item #37: Consideration of Mailing Water Conservation Packets to Cypress Residents. Recommendation: That the City Council continue this matter to the August 8 meeting. CONSIDERATION OF REPORT ON REGIONAL PARK SITES IN WESTERN ORANGE COUNTY: The City Manager reported the Orange County Environmental Management Agency transmitted a report outlining potential regional park sites in western Orange County which will be presented to the Board of Supervisors on July 26. No action was recommended for the Arlan property although it was included as a potential site. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried that the City Council reaffirm its opposition to a regional park on the Arlan property and on the Nike missile base and strongly support the City of Los Alamitos' interest in a regional park at the Naval Weapons Station. In regard to Item ~32 b regarding attendance by City commis- sioners at the annual League of California Cities conference, it was moved by Mayor Hudson and seconded by Councilwoman Sonju to authorize the Planning Commission chairman and vice chairman to attend the entire conference and leave on Saturday, Septem- ber 24, authorize attendance by the Recreation and Park chair- man if he determines his attendance is appropriate and worth- while and by the vice chairman, and authorize attendance by the remainder of the Planning Commission and their departure on September 25. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCIL~N: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson CONSIDERATION OF PROPERTY AT SOUTHEAST CORNER OF ORANGE AVENUE AND GRINDLAY STREET: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING T~L~T CERTAIN PREMISES WITHIN THE CITY MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson -10- City Council Minutes July 25, 1977 CONSIDERATION OF CITIZENS' COMMITTEE ON REGIONAL GOVERNMENTAL CENTER: It was moved by Councilwoman Sonju, seconded by Coun- cilman Lacayo and unanimously carried to continue this matter tc the next meeting. The Council requested that the staff review the report by the Orange County Agricultural Preservation Task Force and prepare a report for the Council. CONTINUATION OF CONSIDERATION OF SPECIAL MUNICIPAL ELECTION ISSUES: The City Manager presented a report dated July 21 recommending certain actions in preparation for the November special election. Transmitted were Charter amendments and ballot propositions prepared by the City Attorney as suggested at the July 11 meeting, and opinions regarding candicates' statements and a proposed ordinance to limit campaign expend- itures. Councilwoman Sonju moved to include on the ballot the two measures regarding Los Alamitos Naval Air Station, and the measures regarding an overnight parking prohibition and the parking ban during street sweeping hours. The Council then held discussion regarding the individual propositions and deter- mined to not place on the ballot the measures regarding the level of flight activity at Los Alamitos and overnight parking. Mayor Hudson pointed out that the City already has an ordinance whereby it could restrict parking during street sweeping hours and he suggested that it be implemented and that a measure be placed on the ballot asking whether the Council should continue this policy. The Council requested that staff prepare a report for the next meeting designating the official street sweeping he,uts and including an implementation schedule. Ms. Pat Hutton, 5916 Cathy Avenue, Cypress, felt the Council should make a decision on several of these items withou± placing them on the ballot because of the election expense and stated she was sorry the Council could not make an appointment to fill tl~e vacancy. The Council reviewed the proposed Charter amendments by section as outlined by the City Attorney and decided to include the following sections as one proposition on the ballot: 402, 403 b, 412, 413, 415, 804, 805, 901, 1013 and 1016. Not included were the sections proposing a change from "councilman" to "coun- cil member" - 401, 403 a, 404, 406, 410 and 1200, and sections 900, 1009 and 403 c. The Council discussed section 400 which was proposed to be changed by adding: "From and after July 1, 1978, no person shall be eligible for election or appoint- ment to the Council who, at the time he would take office, would have previously served on the Council for eight or more years." Councilwoman Sonju stated she opposed the change as written because it was special legislation as it would apply to only one present Council member, but she supported the amendment being placed on the November ballot. Councilman Lacayo stated he did not support the amendment since he was interested in continuing to serve and he suggested placing it on the March ballot. Councilmen MacLain and Hudson stated they supported a limitation of two terms and Councilwoman MacLain recommended that the amendment be included as a "grandfather" clause so as not to apply to present Council members. Mrs. Vickie Evans, 9326 Cambridge Street, Cypress, felt the Council should not impose a limitation on future Councilmen which is not applicable to themselves since a future Councilman may want the opportunity to serve more than two terms. She stated it should be made clear to the voters that the proposi- tion would not pertain to existing Council members. -11- The Council held further discussion regarding section 400. Mayor Hudson waived the 11:30 p.m. adjournment time. The City Council reviewed Charter sections 701 through 705 and 1001 through 1008 which the City Attorney suggested for repeal. The Council agreed to include on the ballot sections 701 through 705 which describe the powers and duties of certain positions, and section 1004 relating to adoption of the budget which would be changed to allow the Council to adopt the budget on or before July 1, or such other date as the Council shall designate. The Council discussed a proposed ordinance which would limit campaign expenditures by candidates and decided not to place this matter on the ballot since a voluntary limitation would be conditioned on the City paying certain campaign expenses. The Council also discussed the City's payment for the Spanish translation of the candidate's statement and decided that the City would pay the cost. Mayor Hudson moved to limit the candidate's words and that no additional materials shall with the sample ballot. The motion was not statement to 200 be transmitted seconded. The Council held further discussion regarding section 400. It was moved by Mayor Hudson and seconded by Councilwoman MacLain to amend section 400 to provide that any person who has previously served on the Council for eiqht or more years would be ineligible for election or appointment ko the Council, disregarding service prior to the effective date of the amendment. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson The Council directed the staff to prepare the Charter amendments as a separate measure and the limitation of terms as a separate measure along with the two measures regarding the Los Alamitos Air Station and ban during street sweeping hours. It was moved by Councilwoman MacLain and seconded by Council- woman Sonju to adopt the following Resolutions by title only, titles as follows: RESOLUTION NO. 1882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8TH DAY OF NOVEMBER 1977. RESOLUTION NO. 1883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF CYPRESS RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 8, 1977. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju & Hudson -12- City Council Minutes ~ July 25, 1977 It was moved by Councilwoman MacLain and seconded by Mayor Hudson to authorize any Council member to file the written arguments for a measure or measures, and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE (OR MEASURES). The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson It was moved by Councilwoman MacLain and seconded by Council- woman Sonju to limit the candidate's statement to 200 words with the cost of printing and handling of the statement to be borne by the candidate and the cost for the Spanish translation to be borne by the City with no additional materials to be transmitted with the sample ballot, and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, MAKING CERTAIN DETER- MINATIONS CONCERNING PROCEDURES APPLICABLE TO MUNICIPAL ELECTIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hudson It was moved by Councilwoman MacLain and seconded by Council- woman Sonju to direct the City Attorney to prepare an impartial analysis of the ballot measures. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju & Hudson EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of personnel and litigation at 1:07 a.m. The meeting was called back to order at 1:25 a.m. with all Councilmen present. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS RELATING TO THE DISABILITY RETIRE- MENT OF PATRICIA A. HARNED. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Lacayo, MacLain, Sonju & Hudson None None -13- Cit~y Council Minutes July 25, 1977 259 In regard to Item #32a concerning attendance at the National League of Cities regional conference, it was moved by Council- woman Sonju, seconded by Councilwoman MacLain and unanimously carried to authorize the City Manager's attendance at the conference. ADJOURNMENT: Mayor Hudson adjourned the meeting at 1:30 a.m. ATTEST: CITer CLERIC!OF THE~CITY OF CYPRESS -14-