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Minutes 78-01-09375 MINUTES OF A SPECIAL MEETING OF THE CYPRESS CITY COUNCIL HELD January 9, lq78 The special meeting of the Cypress City Council was called to order at 5:37 p.m. on Monday, January 9, 1978 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Councilmen Evans, Lacayo, Sonju and Hudson Councilwoman MacLain Also present were Darrell Essex, City Manager/City Clerk, Elizabeth Strauss, City Attorney, and the following City staff membors: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: pledge to the flag. The Recreation and Park Director led the STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Hudson added the following items to the agenda: Item #23a to the Consent Calendar regarding a resolution of commendation for Eagle Scout .Jeffrey Clayton Oleson; Item #36 regarding a report by Councilwoman Evans on fair housing; and Item #37 regarding review of the news- letter copy. MINUTES: It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to approve the December 12, 1977 minutes. CONSIDERATION OF AWARD OF CONTRACT FOR CABINET WORK: The City Manager presented a report from the Public Works Director dated January 4 outlining four bids received. It was moved by Councilwoman Sonju and seconded by Councilwoman Evans to determine that the lowest responsible bidder for cabinet work is Lewis Bilt, Inc., 3562 Cerritos, Los Alamitos, Califoruia, and award them a contract in the amount of $8,441.00. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: MacLain Sonju & Hudson CONSIDERATION OF AWARD OF CONTRACT FOR TWO PICK-UP TRUCKS~ COMPACT~. ~EQUEST FOR OUOTATION #777g-29: from the Finance Officer dated received. The City Manager presented a reoort January 3 which outlined five bids It was moved by Councilwoman Sonju and seconded by Councilwoman Evaos to accept the bid of Dick Barbour Datsun, 5800 Lincoln Avenue, Cypress, California, as the lowest responsible bid and award them the contract in the amount of $7,844.48. The motion unanimoa~lv carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: I COUNCILMEN: MacLain Sonju & ~udson CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC PAINT~ REQUEST FOR QUOTATION #7778-30: The City Manager presented a report from the Finance Officer dated January 3 which outlined two bids received. Council Minotes January 9, 1978 It was moved by Councilwoman Sonju and seconded by Councilwoman Evans to accept the bid from J. E. Bauer Company, P. O. Box 31352, Los Angeles, California, as the lowest responsible bid and award them the contract in the amount of $7,838.70. The motion unani- mously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: MacLain Sonju & Hudson CONSIDERATION OF AWARD OF CONTRACT FOR CARPETING~ REQUEST FOR QUOTATION #7778-33: The City Manager presented a report from the Finance Officer dated January 3 outlining six bids received. It was moved by Councilwoman Sonju and seconded by Councilwoman Evans to accept the bid of A. M. McKenzie Company, 3324 S. Susan Street, Santa Ana, California, as the lowest responsible bid and award them the contract in the amount of $5,296.20. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: MacLain Sonju & Hudson CONSENT CALENDAR: Mayor Hudson announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendation regarding each item. No Council member wished to remove an item. It was moved by Councilwoman Sonju and seconded by Councilwoman Evans to approve Items #6 through #23a on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: MacLain Sonju & Hudson Item #6: Consideration of Application for a Transfer of an Alco- holic Beverage License Type "40" On-Sale Beer for Slayton-Laub, Inc., 9872 Theresa Avenue, Anaheim, California, DBA Humdinger #5, ]0461 Valley View Street, Cypress. Recommendation: Receive and file. Item #7: Consideration of Employment List - Building Inspector. Recommendation: That the City Council certify the employment list for the position of Building Inspector as submitted. Item #8: Consideration of Orange County Criminal Justice Council Robbery Suppression and Apprehension Grant. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows, which approves the joint powers agreement between the cities of Cypress and Huntington Beach to conduct a regional robbery suppression and apprehension program: RESOLUTION NO. 1939 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITIES OF CYPRESS AND HUNTINGTON BEACH. Item #9: Consideration of Detachment No. 1-73, Cypress Recreation and Park District. -2- City Council Minutes January 9 1978 Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the following Resolution by title only, title as follows, setting forth the time and place for the public hearing to be conducted at the Council's regular meeting of February 13, 1978: RESOLUTION NO. 83 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, DECLARING THAT PROCEEDINGS HAVE BEEN INITIATED BY THE CITY OF BUENA PARK TO DETACH SUCH INHABITED TERRITORY DESCRIBED THEREIN AND DESIGNATED AS "DETACHMENT NO. 1-73" SETTING FORTH ITS REASONS FOR DESIRING DETACHMENT AND GIVING NOTICE OF THE TIME AND PLACE THE CYPRESS CITY COUNCIL WILL HEAR WRITTEN PROTESTS AGAINST SUCH DETACHMENT. Item #10: Consideration of a Resolution Commending Andy K. Riley. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1940 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ANDY K. RILEY FOR HIS OUTSTANDING SERVICE TO THE CITY OF CYPRESS BY ALERTING CITY OFFICIALS OF THE IMPROPER DISPOSAL OF DANGEROUS CHEMICAL. Item #11: Consideration of Acceptance of Improvements on Katella Avenue from Lexington Drive to 560 Feet East of Siboney Street; F.A.U. Project No. M-L030(1), City of Cypress Project No. 7623-10. Recommendation: That the City Council: (1) approve the increase in contract costs of $9,826.00; and (2) accept the improvements on Katella Avenue from Lexington Drive to 560 feet east of Siboney Street, F.A.U. Project No. M-L030(1), City of Cypress Project No. 7623-10, as being satisfactorily 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 lien has 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 #12: Consideration of Adoption of Resolution Approving Designat'ion of Federal Aid Urban Routes in the City of Cypress. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1941 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY OF CYPRESS PORTION OF THE 1980 FUNCTIONAL USAGE STUDY AND THE DESIGNATION OF THE FEDERAL AID URBAN ROUTES IN THE CITY OF CYPRESS, Item #13: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids for the Construction of the Community Development Project, Thfrd Year Program, Karen Avenue and Camp Street and Wheelchair Ramps at Various Locations Within the City, City of Cypress Project No. 7600-90. -3- ~City Council Minutes January 9, 1978 Recommendation: That the City Council approve plans and specifica- tions for construction of Project No. 7600-90, Community Develop- ment Project, Third Year Street Improvement Program on Karen Avenue and Camp Street and construction of wheelchair ramps at various locations within the City and authorize the City Clerk to advertise for bids with bid date to be set after approval of H.U.D. Item #14: Consideration of Approval of Plans and Specifications and Authorization to Advertise for Bids on Crescent Avenue and Moody Street Bikeway from Los Angeles County Line to Moody Street and from Moody Street to Orange Avenue, City of Cypress Project No. 7702-90. Recommendation: That the City Council approve plans and specifi- cations for the construction of the Crescent Avenue and Moody Street Bikeway from Los Angeles County Line to Moody Street and Moody Street to Orange Avenue, Project No. 7702-90, and authorize the C~ty Clerk to advertise for bids to be opened in the City Clerk's office at 10:00 a.m. on February 7, 1978. Item #15: Consideration of Status Report on Graffiti Removal. Recommendation: Receive and file. Item #16: Consideration of Request from the City of Laguna Beach to Endorse the Tin Cup Campaign Reform Ordinance. Recommendation: Receive and file. Item #17: Consideration of Donation to High Hopes Band. Recommendation: That the City Council authorize from the Youth Commission budget a donation of $25.00 to the High Hopes Band. Item #18: Consideration of Resolution Withdrawing the City' Membership with Coast Regional Training Center. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1942 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS WITHDRAWING MEMBERSHIP IN THE COAST REGIONAL TRAINING CENTER AND DISSOLVING THE JOINT POWERS AGREEMENT. Item #19: Consideration of Request from the City of Burbank Urging Support of the City of Cypress to Make a Positive Recom- mendation to the State Legislature Regarding Construction of the Sundesert Nuclear Plant. Recommendation: Receive and file. Item #20: Consideration of Employment List - Maintenance Worker II. Recommendation: That the City Council extend the promotional employment list for Maintenance Worker additional six months. duration of the II for an Item ~2~: Consideration of Solid Waste Management Enforcement Agency Resolution. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: -4- City Council Minutes January 9, 1978 RESOLUTION NO. 1943 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE DESIGNATION OF THE ORANGE COUNTY SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY. Item #22: Consideration of a Request from the Cypress Chamber of Commerce to Proclaim February 1978 as Energy Conservation Month. Recommendation: That the Mayor and City Council proclaim the month of February, 1978 as "Energy Conservation Month" in the City of Cypress. Item #23: Consideration of a Request for Support of a Resolution from the City of Buena Park. Recommendation: That the City Council go on record in support of the City Council of the City of Buena Park on their position of reporting complimentary passes on Statements of Economic Interests according to actual use. Item #23a: Consideration of Resolution Commending Boy Scout Jeffrey Clayton Oleson. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BOY SCOUT JEFFREY CLAYTON OLESON ON ACHIEVING THE RANK OF EAGLE SCOUT. Mayor Hudson announced that the special meeting was called because of the lengthy agenda items regarding the public hearings and per- sonnel matters. EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 5:50 p.m. to discuss matters of personnel. COUNCILWOMAN MACLAIN ARRIVED AT 6:00 P.M. Mayor Hudson called the regular meeting of the City Council back to order at 6:40 p.m. with all Council members present. ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter which was not on the agenda. Mr. Robert Larkin, 9346 Gregory, Cypress, representing Pop Warner and Pony Colt Football Leagues, expressed objection to the use of field #3 at Oak Knoll Park for the Chamber May Festival because of the poor condition in which the field was left after last year's festival. He presented photographs showing that deep ruts and rocks still remain on the field which he reported caused several injuries during the baseball season. He requested that the carni- val booths be moved 150 or 200 yards northerly to the genera] play area of the park snd that the rides be located in the parking lot. He also suggested that Los Alamitos Race Track might be used for the festival. The Council held discussion regarding this matter. The Recreation and Park Director recommended that Mr. Larkin present his request at the January 10 Recreation and Park Commission meeting. Hearing no objections, Mayor Hudson continued this matter to the next regular meeting and requested a report on the results of the Recreation Commission's meeting. -5- ~C. ity Council Minutes January 9, 1978 PRESENTATIONS: Mayor Hudson read and presented a resolution of commendation to Mr. Andy K. Riley, a Cypress resident, in appre- ciation of his efforts in locating a toxic chemical, methyl bromide, which led to its proper disposal. EXECUTIVE SESSION: Mayor Hudson called an Executive Session for matters of personnel at 6:53 p.m. The meeting was called back to order at 8:20 p.m. with all Council members present. CONTINUATION OF PUBLIC HEARING RE: HYATT DIE CAST CORPORATION: Mayor Hudson opened the public hearing and asked for the staff report The Planning Director presented a report dated January 5 which indicated progress has been made with regard to neighborhood com- plaints about the operation and that a noise monitoring program by the County Health Department should be completed by the end of Janusry. Transmitted was a letter from Hyatt Die Cast outlining changes and modifications to the operation and buildings which were made to alleviate the problems. He reported staff met today with Health Department representatives who were given the names of residents on whose property the sound monitoring equipment would be mounted. He reported monitoring would be done during the night and day for a two day period. Mayor Hudson asked if anyone wished to speak on this matter. Mr. Fred Glass, 9210 Whitney Way, Cypress, reported the noise from the Hyatt operation is not as frequent but still exists and is disturbing. He requested a copy of Hyatt's letter. He asked if the Council's consideration would determine Hyatt's operations for the future. The Council indicated that the goal would be to achieve a compatible situation for the neighbors and Hyatt Die Cast. It was moved by and unanimously 23. Councilman Lacayo, seconded by Councilwoman MacLain carried to continue the public hearing to January Mayor Hudson welcomed former Councilman John Kanel. CONTINUATION OF PUBLIC HEARING RE: VACATION OF THE PARKING ISLANDS IN THE COURTS IN TRACT NO. 8126: Mayor Hudson opened the hearing and asked for the staff report. The Public Works Director summarized a report dated January 3 which addressed the valuation of the homes, costs for maintenance, street sweeping, police enforcement and the pros and cons of the proposed vacation. He stated this information was not presented to the homeowners. Mayor Hudson asked if anyone wished to speak in support of the proposed vacation. Mrs. Jeanette Thompson, 6653 Brewster Court, Cypress, felt the enforcement costs estimated by staff were overstated. She stated grounds maintenance workers maintain the court areas and she did not feel maintenance or liability costs would be significant. She felt repaying would be done by S & S Construction before the streets are dedicated to the City. Mayor Hudson asked if anyone wished to speak in opposition to vacation. Mr. Frank Russ, 11343 Orrs Court, Cypress, stated this matter was twice rejected by the Association membership and he stated he favored the status quo. He felt the maintenance costs were minor and he stated most homeowners probably do not realize the legal aspects of the matter which could lead to court expenses and neighborhood dissension, since the Association would not have the authority to tow away cars. -6- City Council Minntes January 9, 1978 381 Mr. Brett Couchera, 11258 Fichot Way, Cypress, reported the matter was twice turned down by the majority of homeowners. He felt gaining more property would not solve the parking problem and felt ~f the Police Department cannot enforce the restriction it would be impossible for the Association. He preferred all parking spaces being owned by the City and parking restrictions enforced by the Police Department. Mr. Hank Kennedy, 11357 Nashawena Court, Cypress, stated the parking areas for the patio homes are part of the islands which are main- tained by the grounds maintenance personnel. He stated the real problem is cars parking along the sides of the court, across the ends of the cul-de-sacs and sometimes in front of garages which would prevent access for fire trucks. He asked that the homeowners be made more aware of the situation before the Council acts and alse asked for a review by the Fire Department. Mr. Lee Smith, 11442 Seabrook, Cypress, felt part of the problem would be solved by more frequent police enforcement and citing of violations~. He suggested a prohibition against boats or campers which are not attached to a towing vehicle. Mrs. Jeanette Thompson, 6653 Brewster Court, stated the legal aspects have been considered by the Association's attorney and she did not feel there would be legal problems. She stated to date no vehicles have been towed from the townhome parking areas. She stated the entrances to the alleys and cul-de-sacs are posted with signs indicating park in marked stalls only and she stated it is difficult to get the police to come out and issue tickets. Councilwoman MacLain recommended that the homeowners be provided with the information prepared by staff describing the vacation and advantages and disadvantages and that the homeowners conduct an election and provide the Council with the results. It was moved by Councilwoman MacLain and seconded by Councilwoman Sonju to clese the public hearing, instruct staff to transmit their reports to the Homeowners' Association, and request the Association to conduct a legal election and provide the Council with the results. Mrs. Thompson expressed concern that the Council previously took action on the tot lot and recreational vehicle parking issues and she felt these matters also should have been referred to the home- The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Mr. Howard Rowan, 5831 Shirl Street, Cypress, stated a legal procedure is available where if the property is vacated to the Homeowners' Association they can rededicate certain responsibilities to the City such as police enforcement of parking provisions. The City Attorney stated the Association may petition the City to enforce the Vehicle Code on the private streets. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MR. RALPH WINKLER~ 4082 HOWARD AVENUE~ LOS ALAMITOS~ CALIFORNIA: Mayor Hudson opened the public hearing and asked for the staff report. The City Manager presented a report dated January 2 indicating the application for the permit was to allow solicitation of the sale of bumper stickers relating to retaining control of the Panama Canal. Mayor Hudson asked if the applicant wished to speak. -7- C~ouncil Minutes January 9, 1978 Mr. Weston Van Buren, representing Mr. Winkler, presented a sample bumper sticker. He reported the organization did not incorporate because of the temporary nature of the issue for which they were soliciting. He felt the organization is non-political since it is non-partisan and its activities relate to advocacy of an issue. Mayor Hudson questioned the permit fee for an activity which he felt was an expression of free speech. He asked if anyone wished to speak in favor or in opposition to granting of the permit. Mr. John Kennedy, 10002 St. Vincent Circle, Cypress, asked if the solicitation to sell political party bumper stickers would be subject to the same requirements. The City Attorney stated a political organization may be granted a solicitation permit subject to Council approval but may not be exempted from the permit fee. Mr. Kennedy stated it was his understanding that a political organ- ization cannot apply for a permit for a fireworks stand or Christmas tree stand and he questioned the equity since he felt this appli- cation was political in nature. Councilman Lacayo stated is a political issue and as endorsement. he would abstain on he did not want his the matter since it approval interpreted Mr. Van Buren reported that proceeds from the sales will be used to purchase additional bumper stickers and not for personal gain of any individual and any remaining funds will be donated to charities. He stated all their efforts are voluntary. Councilwoman Evans stated she did not wish to set a precedent for political type sales and felt this was a political issue and she stated the $25.00 fee was not that much of an imposition. Council- woman SonJu stated she did not advocate any position but supported free speech and she did not feel the organization would make that much of a profit. It was moved by Councilwoman SonJu and seconded by Councilwoman MacLain to close the public hearing and approve the special permit and waive the fee. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: MacLain & SonJu NOES: 3 COUNCILMEN: Evans, Lacayo & ABSENT: 0 COUNCILMEN: None Hudson It was moved by Councilman Lacayo and seconded by Councilwoman SonJu to close the public hearing and approve the special permit subject to the fee, with solicitation hours to be 9:00 a.m. to 6:00 p.m., Monday through Saturday. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Lacayo, MacLain, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SonJu & CONTINUATION OF CONSIDERATION OF REGULATIONS GOVERNING POLITICAL SIGNS: The City Manager presented a report dated January 5 which transmitted reports from the Planning Director and City Attorney on this matter, The City Attorney's report indicated there are legal constraints in prohibiting signs in the public right-of-way, which was approved as a policy at the December 12 Council meeting. This policy is also in conflict with provisions of the Zoning Ord- -8- City Council Minutes January 9, 1978~,~'';', 883 Councilman Lacayo indicated he did not favor initiating a policy and forcing candidates, who have given no input on it, to comply and he suggested that the matter be considered after the election. He stated candidates may have posted signs before the policy is enacted. Mr. Howard Rowan, 5831 Shirl Street, Cypress, stated he felt it was illegal to post signs on telephone poles. He read a letter from the Southern California Edison Company which reported they issued a press release to political candidates reminding them that the California Penal Code makes it a misdemeanor to place signs on private property without the owner's consent. It further stated that Edison does not allow signs on utility poles because of the potential safety hazard to linemen and to protect the rights of private property owners. The Edison Company spokesman suggested that candidates place signs in the homes of supporters. Mr. Rowan provided the Council with a copy of tbe letter. Mr. John Kanel, 5502 Mildred Circle, Cypress, stated the Council minutes of November, 1975 contained incorrect statements attributed to him concerning the posting of political signs. He indicated his position at that time was that candidates should not be prohibited from posting signs but should post signs with the permission of the property owner. He felt signs posted on utility poles in the public right of way should be prohibited. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to direct the City Manager and City Attorney to meet with all Council candidates during the week of January 16-20 to discuss the political sign issue and other significant issues relating to the municipal election, that in the drafting of the new Zoning Ordinance all reference to political signs be removed, except that special notation be made to indicate a prohibition against the posting of such signs within the public right-of-way, and to instruct staff to address a letter to all candidates at the time of an election advising them that political signs are per- mitted within the City but will be removed if they are located within any portion of public right-of-way or on public property or are left standing for a period greater than ten days following the date of an election. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, MacLain, Sonju & Mayor Hudson stated Item #28, Consideration of Adopting a Resolu- tion Establishing Salaries amd Working Conditions for City Employees, would be considered in an Executive Session. CONSIDERATION OF ACCEPTANCE OF IMPROVEMENTS AT THE CIVIC CENTER FOR HANDICAPPED ACCESS~ CITY PROJECT NO. 7728-90: The City Manager presented a report from the Public Works Director dated January 5 indicating the improvements were completed in accordance with plans and specifications. It was moved by Councilwoman SonJu and seconded by Councilman Lacayo to accept the improvements at the Civic Center for handi- capped access, City Project ~7728-90, as being satisfactorily completed in accordance with the plans and specifications. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, MacLain, SonJu & -9- CONSIDERATION OF AMENDMENT TO THE CAMPAIGN CONTRIBUTIONS LIMITATION ORDINANCE: The City Manager presented a report dated January 5 which indicated staff recommended a correction to the urgency ord- inance on a compaign contributions limitation which was adopted by the Council on November 28, 1977. Due to a scrivener's error, the ordinance was made ineffective during the calendar year of the election. The City Attorney recommended that any person who filed a negative argument should be allowed to amend the argument to reflect the correction in the ordinance and ballot measure. The City Attorney distributed a copy of the corrected ordinance to the Council. Staff also transmitted information on contribution limi- tation ordinances adopted by other agencies and reported that most cities adopted a limitation by ordinance and not by charter amend- ment. The City Attorney described how the error was inadvertently made. Mr. Gerald Mullen, 4190 Elizabeth Court, Cypress, asked if someone else would be given priority over his argument which would eliminate his from the ballot. The City Attorney stated that only the person who filed the negative argument would be able to retract or add to the argument based on the Council's action tonight and this would not provide for others to submit further arguments. Mr. Mullen read a statement indicating he filed the negative argu- ment to the proposed City Code amendment because of the error in the ordinance of not including the calendar year of the election, because of its many loopholes and defects, and because of the lack of public input in its adoption. He recommended that the matter be delayed until June before submitting it to the voters. He described several loopholes and expressed his concern that incum- bent candidates may have received donations for the upcoming election which will not be regulated by the ordinance, which places the other candidates at a disadvantage. He asked if any of the Council members had collected funds for the upcoming election prior to enactment of the ordinance. All Council members stated they had not collected funds for the upcoming election. Mr. Mullen suggested that a citi- zens panel study the matter and make a recommendation to the Council and he also recommended that the limitation be in the form of an ordinance and not a Code amendment since later corrections, as in the amount of the limitation, would require a vote of the people. He requested that the Council withdraw the measure from the ballot. Mr. Mullen held further discussion with the Council regarding his comments and the proposed limitation. Councilwoman Evans moved to withdraw the measure from the ballot. The motion died for lack of a second. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to read the following Ordinance by title only, title as follows, and adopt the Ordinance: ORDINANCE NO, 610 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING URGENCY ORDINANCE NO. 608 PLACING A LIMITATION ON THE MAXIMUM AMOUNT OF CAMPAIGN CON- TRIBUTIONS IN ANY SINGLE MUNICIPAL ELECTION. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, MacLain, Sonju & -10- City Council Minutes January 9, 1978 CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS: It was moved by Councilwoman MaeLain and seconded by Councilman Lacayo to approve the Warrant List for Warrants #47546 through #47838 in the total amount of $921,023.76. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Lacayo, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MacLain, Sonju & Mayor Hudson stated Item #32, Consideration of Resolution Estab- lishing Salaries and Working Conditions for Recreation and Park District Employees, would be considered in Executive Session. Hearing no objections, Mayor Hudson continued eration of Establishing New Classifications, meeting. Item #33, Consid- to the January 16 CONSIDERATION OF APPROVAL TO PARTICIPATE IN THE 1977 STATE ENVIRON- MENTAL AWARDS PROGRAM: The City Manager presented a report from the Recreation and Park Director dated January 5 who recommended that the design and use of Oak Knoll Park be submitted for judging in the program which was established by the California Park and Recreation Society. It was moved by Councilman Lacayo and seconded by Councilwoman Sonju that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, adopt the following Resolution by title only, title as follows: RESOLUTION NO. 84 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, TO AUTHORIZE.SUBMITTAL OF AN ENTRY OF OAK KNOLL PARK TO THE CALIFORNIA PARK AND RECREATION SOCIETY'S 1977 STATE ENVIRONMENTAL AWARDS COMMITTEE. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Lacayo, MacLain, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SonJu & CONSIDERATION OF APPROVAL OF RECREATION AND PARK DISTRICT COMMER- CIAL WARRANT LISTS: It was moved by Councilwoman Sonju and sec- onded by Councilman Lacayo to approve the District Warrant List for Warrants #7426 through #7531 in the total amount of $261,752.83. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Evans, Lacayo, MacLain, Hudson NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju & Hearing no objections, Mayor Hudson continued Item #36, regarding a report on fair housing by Councilwoman Evans, to the January 23 meeting. It was moved by Mayor Hudson, seconded by Councilwoman Sonju and unanimously carried to continue Item #37, review of the newsletter copy, to a meeting on January 16. -11- ~ty ~ounc~± ~nutes ~anuary 9, ±~78 It was moved by Mayor Hudson, seconded by Councilwoman Evans and unanimously carried to schedule a work session meeting for Monday, January 16 at 7:00 p.m. in the Administrative Conference Room to consider budget and personnel items. EXECUTIVE SESSION: Mayor Hudson called an Executive Session at 10:50 p.m. for matters of personnel. COUNCILWOMAN EVANS LEFT THE MEETING AT 10:50 P.M. Mayor Hudson called the meeting back to order at 11:13 p.m. with Councilwoman Evans absent. CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING SALARIES AND WORKING CONDITIONS FOR CITY EMPLOYEES: The City Manager presented a report dated January 5 which transmitted memoranda of under- standing outlining the wages, hours, fringe benefits and other terms and conditions of employment which have been agreed upon by City management and the City's employee associations. It was moved by Councilwoman Sonju and seconded by Councilwoman MacLain to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING A BASIC COMPENSATION PLAN, ESTABLISHING SALARIES FOR CITY EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND ESTABLISHING SALARIES FOR LIMITED TERM AND TEMPORARY AND SEASONAL EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Evans MacLain, SonJu & Hudson CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING SALARIES AND WORKING CONDITIONS FOR CYPRESS RECREATION AND PARK DISTRICT EMPLOYEES: The City Manager presented a report dated January 5 which transmitted a memorandum of understanding approved by City management and the Park District employees' association as agreed upon during the meet and confer sessions. It was moved by Councilman Lacayo and seconded by Councilwoman SonJu that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, adopt the following Resolution by title only, title as follows: RESOLUTION NO. 85 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, ESTABLISHING A BASIC COMPENSATION PLAN, ESTAB- LISHING SALARIES FOR MISCELLANEOUS RECREATION AND PARK DISTRICT EMPLOYEES PLACED UNDER THE BASIC COMPENSATION PLAN, AND ESTABLISHING SALARIES FOR TEMPORARY AND SEASONAL RECREATION AND PARK DISTRICT EMPLOYEES NOT PLACED UNDER THE BASIC COMPENSATION PLAN. -12- City Council Minutes January 9, 1978 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Evans MacLain, Sonju & Hudson ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to adjourn the meeting at 11:15 p.m. to Monday, January 16, 1978 at 7:00 p.m. in the Administrative Conference Room. MAYOR OF THE/CITY OF CYPRESS ATTEST: CITY CLER~ OF THE CITY OF CYPRESS -13-