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Minutes 77-08-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUGUST 22, 1977 The regular meeting of the Cypress City Council was called to order at 6:30 p.m. on Monday, August 22, 1977, in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald G. Hudson presiding. PRESENT: ABSENT: Councilmen Lacayo, MacLain, and Hudson Councilwoman Sonju Also present were Darrell Essex, City Manager/City Clerk, Elizabeth Strauss, Deputy City Attorney, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The Public Works Director led the pledge of allegiance to the flag. INVOCATION: The Assistant to the City Manager/Employee Re- lations, gave the invocation. MINUTES: It was moved by Councilman Lacayo, MacLain and unanimously carried to minutes. seconded by Councilwoman approve the August 8, 1977, STAFF REPORTS AND DISCUSSIONS: The City Manager requested an item regarding an Agreement of the Juvenile Diversion Program be added to the agenda as Item #24 and an item regarding the Attorney General's Report on Law Enforcement Assistance Admin- istration (LEAA) be added to the agenda as Item #25. The City Manager advised the Council that although the Council had requested a report on the Girls' Club for this meeting he had not placed the item on the agenda due to the fact that the Director of the Girls' Club had been on vacation and therefore he requested the report be continued to the meeting of September 12, 1977. At the request of the City Manager, Mayor Hudson added to the agenda as Item #26 consideration of County acquisition of a portion of Mile Square property as a park site. At the request of Councilwoman MacLain the City Council added Item 10a to the Consent Calendar requesting a staff report on the status of Cable TV in the community. 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. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve Consent Calendar Items 1 - 10a. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMAN: Sonju MacLain, Hudson City Council Minutes August 22, 1977 Item 91: Consideration of a Request by the Camp Fire Girls of Orange County to Conduct a Fund Raising Drive in the City of Cypress. Recommendation: That the City Council grant the request of the Orange County Council of Camp Fire Girls to conduct a candy sale in the City of Cypress from January 26, 1978, through February 13, 1978, and that they be granted an exemption from a special permit pursuant to Section 15-57 A(1) (b) of the City Code. Item ~2: Consideration of Certification of Employment List - ~ Engineering Assistant. Recommendation: That the City Council certify the employment list for the posit~on of Civil Engineering Assistant as sub- mitted. Item #3: Consideration of Application for Alcoholic Beverage License for Mildred Elizabeth Ford and Frank Lamont Ford DBA Calva Dairy Drive-In, 6297 Ball Road, Cypress, California 90630. Recommendation: Receive and file. Item #4: Consideration of Vacation of a Portion of Storm Drain Easement Located Along the Southerly Border of A.P. 244-141-65, Southwest Corner of Valley View Street and Orange Avenue - Aband- onment 77-2. Recommendation: That the City Council adopt a Resolution vacating storm drain easement along the southerly border of A.P. 244-141-65, by title only, title as follows: RESOLUTION NO. 1889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS VACATING A PORTION OF A DRAINAGE EASEMENT ALONG THE SOUTHERLY BORDER OF A.P. 244-141-65. Item ~5: Consideration of Acceptance of Final Tract Map No. 9743. Recommendation: That the City Council approve Final Tract Map No. 9743 and accept the bonds for public improvements in the amount of $89,250.00 which is not less than 50 percent nor more than 100 percent of the total improvements and authorize the City Clerk to sign the record map. Item 96: Consideration of Report on the August 9, 1977, Committee Meeting Concerning 9191 Moody Street. Recommendation: Receive and file. Item ~7: Consideration of a Request from Chief Orbrey Duke Authorizing the City Attorney to Provide Defense in the Matter of a Complaint Filed by Former Employee, Linda Johnson. Recommendation: That the City Council authorize the City Attorney to defend the actions of Chief Duke, both individually and as Chief of Police, in the litigation involving former em- ployee, Linda Johnson. f City Council Minutes August 22, 1977 Item #8: Consideration of Resolutions Required for the Special Municipal Election to be Held on November 8, 1977. Recommendation: That the City Council adopt the following Resolutions, by title only, title as follows: RESOLUTION NO. 1890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF NOVEMBER, 1977, TO BE MADE BY THE CITY CLERK OF THE CITY OF CYPRESS. RESOLUTION NO. 1891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING THE POLLING PLACES AND APPOINTING ELECTION OFFICERS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 1977. RESOLUTION NO. 1892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING RESOLUTION NO. 1882 CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 8TH DAY OF NOVEMBER, 1977. Item ~9: Consideration of Resolution Commending Eric Andrade. Recommendation: That the City Council, acting as the ex-officio Governing Board of Directors for the Cypress Recreation and Park District, approve the Resolution, by title only, title as follows: RESOLUTION NO. 1893 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CO~4ENDING ERIC ANDP~DE FOR HIS SKILL AND DETEI~lXlATION IN PLACING FIRST IN THE LONG JUMP CC~ETITION OF THE JESSE OWNES _~ATI(/qAL TPACK MEET. Item #10: Consideration of Community Service Agreement Between the Anaheim Union High School District and the Cypress Recreation and Park District. Recommendation: That the City Council, acting as the ex-officio Governing Board of Directors for the Cypress Recreation and Park District, authorize the Mayor to sign the Agreement on behalf of the Cypress City Council. Item %10a: Consideration of Request by Councilwoman MacLain for a Staff Report Review of the Cable Television Ordinance. Recommendation: That the Staff prepare a status report on Cable TV to be presented to the City Council at its meeting of September 12, 1977. City Council Minutes August 22, 1977 Mayor Hudson asked if anyone in the audience wished to have any item under new business considered out of order. A member of the audience requested Item ~14 be considered next on the agenda and Mayor Hudson stated Item ~14 would be the next item taken under consideration. Mayor Hudson asked if anyone else in the audience wished to have any item under new business considered out of order. A member of the audience requested Item #15 be considered next on the agenda and Mayor Hudson stated Item #15 would be the next item taken under consideration. CONSIDERATION OF TENTATIVE TRACT MAP NO. 9964: The Planning Director presented a report on this item and stated the Planning Commission by unanimous vote of four ayes to zero noes had approved the Tract Map No. 9964 which provided for the division of approximately two acres of vacant land at the southwesterly corner of Cerritos Avenue and Holder Street into ten single family lots. It was moved by Councilwoman MacLain and seconded by Councilman Hudson that the City Council adopt the following Resolution, by title only, title as follows: RESOLUTION NO. 1894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE TRACT MAP NO. 9964 WITH CONDITIONS. The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: MacLain, Hudson NOES: 1 COUNCILS~N: Lacayo ABSENT: 1 COUNCILMAN: Sonju CONSIDERATION OF APPEAL OF PLANNING COMMISSION DECISION REGARDING CONDITIONAL USE PERMIT NO. 76-18: The Planning Director gave a report on this matter which is in regard to the final plot plans and elevations for the establishment of the two main commercial buildings previously approved by both Commission and Council under Conditional Use Permit No. 76-18 on property located on the southerly side of Lincoln Avenue opposite Sumner Street in the CH-10000 Commercial Heavy Zone. One of the conditions of approval of the original permit was that building permits shall be obtained and actual foundations poured for the commercial uses prior to the issuance of a building permit for the resi- dential portion of this project. The Planning Commission at its meeting of August 4 interpreted this condition to mean that foundations must be completed on all three commercial buildings identified on the original plot plan, one building of which was designated as a restaurant. Mayor Hudson asked if the applicant was present and if he would like to speak. Mr. Merrill Butler, President, Butler Housing, 1691 Kettering Avenue, Irvine, California, stated his Corporation was the current owner of the subject property, and it had been his inter- pretation when the property was purchased from the Warmington City Council Minutes August 22, 1977 Company that only the foundations of Buildings A & B would be required prior to the building permits being issued for the residential portions. He stated that to delay the construction of the foundations for the townhouses while trying to negotiate for a restaurant without knowing who the restaurant owners may be would create an extreme hardship on his Company. He further stated he hoped to get the foundations started on Buildings A and B in late September or early October. Councilman Lacayo stated to Mr. Butler that this property was rezoned from Highway Commercial to a combination of homes and commercial, and he was concerned that this property would end up with all residential and no commercial. Mayor Hudson commented that it had been the Warmington Company, original owners of the parcel, who had stated that there would definitely be a restaurant on part of this commercial property. RECESS: Mayor Hudson called a recess at 7:25 p.m. The meeting was called back to order at 7:30 p.m. with all Councilmen present except Councilwoman Sonju. Mayor Hudson asked if there was anyone wished to speak on any item not on the audience wished to speak. in the audience who agenda. No one in the CONSIDERATION OF AGRICULTURAL TASK FORCE REPORT: The City Manager read a report from the Planning Director which concerned a report which had been prepared by the Agricultural Preserve Task Force for the County of Orange regarding the establishment of an agricultural preserve program for the County of Orange. After some discussion regarding Alternative #2, according to the Planning Director's report dated August 17, 1977, it was moved by Councilwoman MacLain and seconded by Councilman Lacayo to direct the staff to communicate with the Board of Supervisors endorsing Alternative #2 as the approach which should be taken for the establishment of an agricultural preserve program for the County of Orange. Mayor Hudson stated he wished to amend the previous motion to emphasize in the communication that the City Council in voting approval of Alternative #2, recognizes that the main thrust is, in fact to acquire open space and that preserving prime agricultural land in the County is only a secondary or incidental benefit. The City Council unanimously approved the amended motion. Mayor Hudson announced the City Council would return to consid- eration of Item #15. The Planning Director summarized an earlier report on this item. Mr. Merrill Butler, Butler Housing, returned to the podium and stated that he would agree to start the foundations on the res- taurant site, or Building C, no later than when the time came to issue the certificates of occupancy on the last 40 units of the 79 condominium units they were planning to build. Mayor Hudson asked the Assistant City Attorney if Mr. Butler could offer such a condition and Assistant City Attorney Strauss stated that if the Council were to accept his agreement it should be added as a condition to the original use permit. T~e Public Works Director voiced his concern over the fact that if occupancy City Council Minutes August 22, 1977 of the last 40 units was not allowed until the foundation had been poured for Building C, then there should be a condition added to the agreement that Butler Housing would not be allowed to sell the last 40 units since it creates problems for the City when they are sold and not allowed to take occupancy. After further discussion, Councilman Lacayo moved and Councilwoman MacLain seconded to have the Planning Director, together with Mr. Schatzeder, draft an agreement to include Mr. Butler's statements that he would pour the foundation on Building C before owners took c.'~'upancy of the last half of the residential units. The m , ~on carried by the following roll call vote: AYES: 2 COUNCILMEN: Lacayo and MacLain NOES: 1 COUNCILMAN: Hudson ABSENT: 1 COUNCILMAN: Sonju Mr. William Schaper, 9173 Ethel Street, Cypress, spoke from the audience and stated that he felt if they finished the back part of Lincoln Avenue before the front, we were not acting on the recommendations of the Lincoln Avenue Action Committee Report. He felt it was imperative that the commercial buildings be finished before Butler Corporation started the residential and felt that the agreement should have a definite time limit, as far as Building C is concerned. Mayor Hudson stated he wished to move an item that appeared on the consent calendar on the agenda to be heard as a separate item. CONSIDERATION OF REPORT ON THE AUGUST 9, 1977, COMMITTEE MEETING CONCERNING 9191 MOODY STREET: The City Manager indicated that following the transmittal of the report on the problems regarding the property at 9191 Moody Street an agreement has been reached which will eliminate the need for further neighborhood meetings on this issue. City Council was advised that eight of the eleven property owners adjacent to the property owned by Mr. Rynsburger were in agreement of construc- tion of a block wall fence without a gate. Mr. Rynsburger had agreed to construct the wall without the gate since a sidewalk would be constructed on Moody Avenue which would allow the family access to Esther Street which was originally his objection to constructing a block wall without a gate opening. The Public Works Director advised the City Council that total estimated cost to the City for the improvements, including the acquisition of right of way, would be approximately $18,000. Request the City Council to direct the preparation of an agree- ment which would include the estimated City expenditure for the project. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain for the staff to prepare an agreement for the improve- ments of 9191 Moody Street as outlined by the Public Works Director to include the estimated expenditure for the project. The motion carried unanimously by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain, NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju Hudson City Council Minutes August 22, 1977 Mayor Hudson thanked Mr. Rynsburqer for his part in resolving this problem. Mr. Rynsburger, 9191 Moody, spoke from the audience and thanked the Council for their time and effort spent on his behalf. Mayor Hudson declared it was time to open the public hearings. CONSIDERATION OF PUBLIC HEARING REGARDING APPLICATION FOR SPECIAL PERMIT - CAPITOL PHOTOS: Mayor Hudson asked for the staff report. The City Manager re- ported Capitol Photos was requesting a special permit to solicit photographs with live ponies throughout the City of Cypress. He further stated the Police Department was not able to complete their investigative report due to their inability to contact Mr. Pate and asked Police Chief Duke for a further report. Chief Duke reported the Police Department had been unable to contact the owner of Capitol Photos, Mr. Gordon Kearns, 6522 Walk Street, Westminster, California, but had learned that they had not re- newed their City license for the City of Westminster and also that the Police Department had learned from a few other Cities who had had experience with this type of operation and that they had had some problems with the pony leaving debris on the streets, and Chief Duke commented that if the City Council were to approve this permit the City should have some type of assurance that the City would not be liable for the pony leaving debris on the street and also some type of assurance that the type of photo- graphy and delivery of photographs would not be such that the City could be held liable for poor service. Mr. Gordon Kearns, 6522 Walk Street, Westminster, California, stated that as owner of the Company they would be responsible for cleaning up the debris left by the ponies, and further advised that money is not collected for the pictures until the customer is satisfied with the proofs, and that the customer's money is refunded if the Company receives a letter of complaint. Mayor Hudson asked if anyone in the audience wished to speak in favor of the license. No one wished to speak. Mayor Hudson asked if anyone in the audience wished to speak in opposition to the license. No one wished to speak in opposition. Councilwoman MacLain asked Mr. Kearns how long he expected to be doing business in Cypress and he replied probably about two months. Mayor Hudson asked Mr. Kearns if he was aware of the four con- ditions required and he replied that he was aware and willing to meet all of the requirements of the special permit. Councilwoman MacLain moved to close the public hearing and approve the special permit for Capitol Photos subject to the following conditions: 1. That the applicant obtain a valid business license in accor- dance with City Codes. 2. That the Capitol Photos be responsible for the pickup and dis- position of all animal feces. 3. That the solicitation be restricted to the hours of 9:00 a.m. to 6:00 p.m., Monday through Saturday, with no solicitation permitted on Sunday. 4. That the applicant supply a copy of the company's insurance policies for review by the City Attorney to determine the extent of liability coverage of the operation, and that the City of Cypress be held blameless. 282 City Council Minutes August 22, 1977 Councilman Hudson seconded the motion. Councilwoman MacLain stated that since Chief Duke had already apprised the Council of problems with the applicant and that if the Public Works Department, Planning Department, Police Department, or Parks Department receives a complaint on the applicant she requests the City Council be immediately notified, at which time she will rescind her vote. The motion carried by the following roll call vote: AYES: 2 COUNCILMEN: MacLain and Hudson NOES: 1 COUNCILMAN: Lacayo ABSENT: 1 COUNCILMAN: Sonju CONSIDERATION OF PUBLIC HEARING TO DETERMINE WHETHER CERTAIN PREMISES WITHIN THE CITY ARE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A PUBLIC NUISANCE: Mayor Hudson asked the City Manager for his report. The City Manager read the report from the Public Works Director which stated that currently the property located at 5252 Orange Avenue, at the southeast corner of Orange and Grindlay Street, is maintained in such a way as to constitute a public nuisance, with the following conditions found to exist on the property: 1) A heavy growth of dried weeds and broken and dead trees which cause a fire hazard to surrounding homes, 2) Broken and structurally unsound fencing, 3) Discarded automobile parts and debris. The Public Works Director further stated that the methods of abatement would include: 1) Removal of all weeds and debris, 2) Removal of all broken and structurally unsound fencing, 3) Removal of all discarded automobile parts and debris. The Public Works Director further stated that his recommendation following the conduct of the hearing would be the adoption of the resolution declaring it a public nuisance and ordering the abatement of same by the owner thereof. The City Manager stated that he had been contacted prior to the meeting by the new owner of the property, Mr. Bob Wall, and al- though he was not able to be present for the public hearing he wanted the Council to be advised that they do in fact intend to clean the property by the 1st of September and that they have notified the current tenants of the property that they have con- tracts ready to go to clean the property. The City Manager ad- vised Mr. Wall that the Council would continue to hold the public hearing and that the Council could still proceed with the nuisance abatement and that the owner would have time to clean the property regardless of the Council's action. The Public Works Director stated that the City would have 30 days before they would take any action, if the Resolution was adopted. Mr. David V. Hanser, 7891 Garner Street, Long Beach, California, identified himself as the former owner of the subject property and stated that he had owned the property for approximately three years with the idea of building a large medical complex, but now he was sure that Mr. Wall and his associates would bring the property up to the required environmental conditions of the City. City Council Minutes August 22, 1977 Mayor Hudson asked if anyone in the audience wished to speak in favor of the abatement. No one wished to speak in favor of the abatement. Mayor Hudson asked if anyone wished to speak in opposition to the abatement. Hearing no further objections, Mayor Hudson announced the Public Hearing closed. Councilman Lacayo moved, seconded by Councilwoman MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1895 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING AND DECLARING CERTAIN PREMISES WITHIN THE CITY TO BE A NUISANCE, AS DEFINED IN ARTICLE III OF CHAPTER 13 OF THE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNER THEREOF. The motion unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju Hudson RECESS: Mayor Hudson declared a recess at 8:27 p.m. The meeting was called back to order at 8:45 p.m. with all Councilmen present with the exception of Councilwoman Sonju who was absent. CONSIDERATION OF COUNTY ZONE CHANGE NO. 77-9: The City Manager called on the Planning Director to read the staff report and the findings of the Planning Commission. The Planning Director reported subject property consists of the approximately ten acre parcel of unincorporated land situated at the southwesterly corner of Lincoln Avenue and Moody Street. The property, currently subdivided and held under a variety of ownerships, is currently zoned 100-M1-30000 Light Industrial District. The proposed change of zone would reclassify the property to the C-2 General Business Zone and R-4 Suburban Residential Zones. Mayor Hudson voiced his concern over the accuracy of the County Plans and the Planning Director was in concurrence that the maps they submit are not always the most up-to-date. The Planning Director stated it was the staff's opinion that this item be received and filed. Mayor Hudson asked if there was anyone in the audience who wished to speak on this item. Mr. John McCormack, 9130 Esther Street, Cypress, expressed con- cern in regard to the problems that an apartment complex would bring to the subject area with specific reference to increased traffic congestion. Mayor Hudson explained that it was the City Council's understanding ~hat %hls ma~er was consideration of a zone change and no specific development plan had been submitted. It was moved by Councilman Hudson and seconded by Councilman Lacayo that the Council concur with the Staff report and direct the Planning Director to attend the County Planning Commission Hearing on this matter to insure that the County standards are consistent with those standards es- tablished by the City. There being no objections, Mayor Hudson so ordered. o City Council Minutes August 22, 1977 Therese McCormack, 9130 Esther Street, Cypress, announced that on September 12, 1977, the matter would be heard at the County Planning Commission and she asked City Council for representation at this meeting and also expressed concern that if more apartments were allowed in the subject area it would be complete chaos. Howard Rowan, 5831 Shirl Street, asked if the zone change on this property was initiated by the County or by a property owner. The Planning Director informed the Council it was initiated by the County Planning Commission. Mayor Hudson announced that Item ~21 would be the next item taken out of order. CONTINUATION OF CONSIDERATION OF PARCOURSE (JOGGING-EXERCISING TRAIL). Mayor Hudson asked the Parks and Recreation Director for his report. Mr. Bryant gave a report and showed colored drawings of the jogging-exercising trail which he stated would be 1 1/3 miles in length and would be surrounding the Cypress High School and Oak Knoll Park area, and that necessary signing would be done by the Cypress High School students on a voluntary basis, and that the signs would be constructed by the woodworking classes at the high school. The signs would be designated according to beginner, intermediate, or advanced, depending on the individual. There would be a total of 20 stations, six of which would be on Oak Knoll Park. Mr. Bob Simmons, Chairman, Parks and Recreation Coramission, stated the Commission felt it would be a great opportunity for a family to exercise together and at no cost, either for the citizens participating nor for the City. Councilman Hudson moved and Councilman Lacayo seconded the approval of the Parcourse (jogging-exercising) trail. The motion carried unanimously with the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju MacLain, Hudson CONSIDERATION OF AUTHORIZATION FOR COUNCILWOMAN ALICE MACLAIN TO ATTEND LEAGUE OF CALIFORNIA CITIES, ORANGE COUNTY DIVISION, FUNCTIONS: Mayor Hudson moved to authorize Councilwoman MacLain to attend the League of California Cities, Orange County Division functions, and to be reimbursed for actual and necessary expenses. Council- man Lacayo seconded the motion and the motion passed unanimously with the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILNL~N: Sonju MacLain, Hudson 10. City Council Minutes August 22, 1977 CONSIDERATION OF ESTABLISHING THE CITY TAX RATE FOR THE 1977/78 FISCAL YEAR: Mayor Hudson asked the City Manager for his report on this item. The City Manager stated that in order to maintain the budget balances as approved by the City Council in the adoption of the 1977/78 fiscal year budget he would recommend that the City Council adopt the Resolution establishing a City tax rate of $.92/$100 AV which would be an increase of 2 1/2¢/$100AV. Councilman Lacayo stated that with the proposed increase in the admissions tax he wanted to leave the current tax rate at 89.5¢. Mayor Hudson stated that he would not be in favor of lowering of the tax rate nor was he in favor of raising it at this time. The motion was made by Councilman Hudson and seconded by Council- man Lacayo to leave the tax rate at its current level of .895, and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FIXING THE MUNICIPAL TAX RATE FOR THE FISCAL YEAR 1977/78 The motion carried unanimously by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju MacLain, Hudson CONSIDERATION OF ESTABLISHMENT OF TAX RATES FOR THE CYPRESS REC- REATION AND PARK DISTRICT AND THE CYPRESS RECREATION AND PARK DISTRICT BONDS: Mayor Hudson asked the City Manager for his report. Mr. Essex presented a report which recommended that the City Council, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the following Resolution establishing a tax rate of $.49/$100 AV for the Cypress Recreation and Park District and an $.11/$100 AV tax rate for the Park Bond payment, which is a total tax reduction of one cent from the 1976/77 fiscal year. There was general agreement for the recommendation. The City Council concurred the amount of the tax rate and it was moved by Councilwoman MacLain and seconded by Councilman Hudson to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE GENERAL AND SPECIAL TAX RATES IN SAID DISTRICT FOR THE FISCAL YEAR 1977/78. The motion carried unanimously by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEN: O COUNCILMEN: 1 COUNCILMAN: Lacayo, MacLain, Hudson None Sonju 11. City Council Minutes August 22, 1977 CONSIDERATION OF POLICE OFFICER JOB VALIDATION STUDY: The City Manager presented a report recommending that the City Council enter into an agreement with Biddle and Associates for a job validation study for entry level police officer at a cost not to exceed $7,500. Councilman Lacayo expressed concern regarding Federal regulations which are passed that require local Governments to employ con- sultants to assist in the operation of Government which can be best administered by the staff of the City without outside experts being required. Following further discussion regarding the problems of recruiting and employing police officers and the need for a validation study it was moved by Councilman Hudson and seconded by Councilwoman MacLain that the City Council authorize the City Manager to enter into an agreement for professional services with Biddle and Associates for the development of a job validation study under Option B as outlined in the report, prior to September 15, 1977, and appropriate an amount of $7,500 from the General Fund to Account ~10-4189-112-02 to cover the cost of this study. The motion carried with the following roll call vote: AYES: 2 COUNCILMEN: MacLain, NOES: 1 COUNCILMAN: Lacayo ABSENT: 1 COUNCILMAN: Sonju Hudson CONSIDERATION OF APPROVAL OF CITY COMMERCIAL WARRANT LISTS: It was moved by Councilman Hudson and seconded by Councilwoman MacLain to approve the City Warrant List for Warrants 946369- 46491 in the total amount of $48,611.83. The motion carried unanimously by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain, NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju Hudson CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMER- CIAL WARRANT LISTS: It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant Lists for Warrants 96977-7024 in the total amount of $42,616.29. The motion carried unanimously by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: O COUNCILMEN: None ABSENT: 1 COUNCILMAN: Sonju MacLain, Hudson CONSIDERATION OF THE JUVENILE DIVERSION PROGRAM NUMBER 601: The City Manager requested the City Council approval of the agreement with the County for the Juvenile Diversion Program which provides for the second year funding in the amount of $51,969.00. The Orange County Board of Supervisors is scheduled to act on this agreement at its meeting of Septe~er 6, which is prior to the next regular City douncil meeting. The City's con- tribution is $1,732 which is within the amount budgeted for the program in the current budget. The agreement has been approved by the City Attorney. 12. City Council Minutes August 22, 1977 Councilman Lacayo moved to grant authorization to execute an agreement with the County. The motion was seconded by Council- woman MacLain and unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, MacLain, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Hudson CONSIDERATION OF THE ATTORNEY GENERAL'S REPORT ON LAW ENFORCEMENT ASSISTANCE ADMINISTRATION: Mayor Hudson announced this was an off agenda item and asked the City Manager for his report. Chief Duke commented that the Police Chiefs' Association had agreed to support the recommendations of the Orange County Criminal Justice staff in response to the Attorney General's report on L.E.A.A. Councilwoman MacLain moved that the City Council support the Orange County Criminal Justice Council staff recommendations and instruct the Chief of Police to write a letter to Judge James Smith expressing the Council's support. Motion was seconded by Mayor Hudson and unanimously carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju MacLain, Hudson CONSIDERATION OF MILE S~UARE PARK: Mayor Hudson requested that the City Council support the acqui- sition by the County Board of Supervisors of the remainder of the Mile Square property for park purposes. Hearing no objec- tions, Mayor Hudson requested that a letter of support be transmitted to the County Board of Supervisors. CONSIDERATION OF COST FOR SPANISH TRANSLATION ON BALLOTS: Mayor Hudson suggested that the City consider reimbursing prior candidates for this election expense. Hearing no objections, the City Attorney was requested to advise the City Council at the September 12 meeting as to the legality of refunding the cost for the Spanish translation in the previous muni6ipal election. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to adjourn the meeting at 10:18 p.m. OF 'r~ CITY oF CYPRESS / ATTEST: %%.CITY ~R~C"OF THE~CITY OF CYPRESS 13.