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Minutes 78-03-13MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 13, 1978 The regular meeting of the Cypress City Council was called to order at 6:45 p.m. on Monday, March 13, 1978 in the Cypress City Conncil Chambers, 5275 Orange Avenue, Cypress, California, Mayor Donald Hudson presiding. PRESENT: Councilmen Evans, Lacayo and Hndson ABSENT: Councilwomen MacLain and Sonju Also present were Darrell Essex, City Manager/Citv Clerk, Elizabeth Strauss, City Attorney, and the following City staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: The Police Chief led the pledge to the fl~. MINUTES: It was moved by Councilman Lacayo, seconded by Council- woman Evans and unanimously carried to approve the February 27 mi nu res. CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY OF THE COMMUNITY DEVELOPMENT PROJECT~ THIRD YEAR PROGRAM~ KAREN AVENUE AND CAMP STREET~ CITY OF CYPRESS PROJECT NO. 7600-9D: The City Manager presented a report from the Public Works Director dated March 6 indicating Duca and McCoy was the apparent low bidder. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to determine that Duca and McCoy, 356 Poinsettia Avenue, Corona del Mar, California, is the lowest responsible bidder and award them the contract for Project No. 7600-90 per their proposal in the amount of $2,580.00. The motion unanimously carried bv the following roll call vote: AYES: ] COUNCILMEN: Evans, Lacavo & NOES: 0 COUNCILMEN: None ABSENT: 2 COUNCILMEN: MacLain & Sonju Hudson CONSIDERATION OF AWARD OF CONTRACT FOR IMPROVEMENTS OF COMMUNITY DEVELOPMENT PROJECT, THIRD YEAR PROGRAM~ TO IMPROVE CAMP STREETs KAREN AVENUE~ AND FOR CONSTRUCTION OF WHEELCHAIR RAMPS AT VARIOUS LOCATIONS WITHIN THE CITY~ CITY OF CYPRESS PROJECT NO. 76D0-90, AND IMPROVEMENTS ON MOODY STREET, CITY OF CYPRESS PROJECT NO. 7702-90: The Ctty Manager presented a report from the Public Works Director dated March 6 outlining the three bids received. COUNCILWOMAN MACLAIN ARRIVED AT 6:50 P.M. It was moved by Councilman Lacayo and seconded by Mayor Hudson to: (1) determine that the lowest responsible bidder for Projects ~761/0-90 and 7702-90 is Blair Paving, Inc., 5552 Kellogg Drive, Yorba Linda, California, and award them a contract in the amount of g116,336.20 subject to approval bv HUD, and (2) approve the addition of 27 wheelchair ramps to the contract at a total cost of 97,560.00. The motion unanimously carried by the following roi 1 call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: None Sonju City Council Minutes March 13, 1978 STAFF REPORTS & DISCUSSION: Councilman Lacayo requested a report for the next regular meeting regarding costs for sweeping the "T" street areas in the Tanglewood development. Hearing no objections, Mayor Hudson added the followin~ items to the agenda: Item #23 regarding a report from the May Festival steering committee; Item #24 regarding the agreement between the Recreation and Park District and City of La Palma for refund of taxes; Item #25 regarding the March 14 Council meeting. Mayor Hudson read and presented a proclamation to Recreation and Park Commissioner Francis Boykin commending bis dedicated service to the City and his personal commitment to further the park and recreation movement in California, and commending his recent installment as First Vice President of the California Association of Park and Recreation Commissioners and Board Members. 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 It was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve Items #3 through #9 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, Lacayo, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonic & Hudson Item #3: Consideration of State Controller Report on Estimated Revenues to be Proportioned from the State to the City of Cypress for the Fiscal Year Ending June 30, 1979. Recommendation: Receive and file. Item #4: I.T.T. Consideration of Report on Maintenance Agreement with Recommendation: Receive and file. Item #5: Consideration of Street Name Changes at Various Loca- tions within the City of Cypress. Recommendation: That the City Council adopt the following Res- olution by title only, title as follows: RESOLUTION NO. 1961 A RESOLUTION OF THE CITY ,COUNCIL OF THE CITY OF CYPRESS AUTHORIZING THE NAMES O~ CERTAIN STREETS TO BE CHANGED WITHIN THE CITY OF CYPRESS. Item #6: Consideration of Acceotance of Final Tract Map. No. 10049, Northwest Corner of Katells Avenue and Holder Street. Recommendation: That the City Council approve Final Tract Map No. 10049 and accept the bonds for public improvements in the amount of $46,600.00, which is not less than 50% nor more than 100% of the total improvements, and authorize the City Clerk to sign the record map. Item #7: Consideration of Designation of Official Representative for Federal Disaster Assistance. -2- City Council Minutes March 13, 1978 Recommendation: That the City Council adopt the following Res- olution by title only, title as follows: RESOLUTION NO. 1962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DESIGNATING THE PUBLIC WORKS DIRECTOR AS THE OFFICIAL REPRESENTATIVE FOR THE CITY OF CYPRESS TO THE FEDERAL DISASTER ASSISTANCE PROGRAM. Item #8: Consideration of a Resolution the City of Anaheim Opposing the Airport fnt~r-County Airport Authority. of the City Council of Planning Efforts of the Recommendation: Receive and file. item #9: Consideration of Designation of Official Representative for Federal Disaster Assistance/Recreation and Park District. Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, ado~*t the following Resolution by title onlv, title as follows: RESO!,UTION NO. 89 A RESOLUTION OF THE CITY COUNCIL DF THE CITY OF CYPRESS, ACTING AS THE EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, DESIGNATING THE DIRECTOR OF RECREATION AND PARKS AS THE OFFICIAL REPRESENTATIVE FOR THE CYPRESS RECREATION AND PARK DISTRICT TO THE FEDERAL DISASTER ASSISTANCE PRDCRAM. Councilwoman MacLain requested that the staff transmit information on cost estimates for damage the City suffered during the recent t sin storms to Congressman Patterson and tbe U.S. Senators. ORAl, COMMUNICATIONS: Mavor Hudson asked i f anvone wished to speak in regard to any matter not on the agenda. No one wished to speak. CONSIDERATION OF COMMUNICATION IN REFERENCE TO LINCOLN CENTER MOBILE HOME PARK: The City Manager presented a report dated March 8 which transmitted communications from the Lincoln Center Tenants' Ass~ciation and from Mr. Don gendetti, park owner. Maw>r Hudson asked if anyone wished to speak. Ms. Donna Anderson, 9080 Bloomfield, Cypress, reported that resi- dests in the mobilehome park are desperate and are afraid of being forced out of their homes because they just received notice on December 1, 1977 of a 23% rent increase with the possibility of another increase on May 1. She reported the park owner is not [iving up to the negotiated agreement of last year which provided that a lease would be transferable and would be available to every- one, not just the rent strikers. She reported on communication difficulties with the owner and reported the owner has not fulfiller commitments regarding repairs and maintenance in the park. She reported on repairs which were not corrected in a timely manner by the owner, that repaving of the streets has created worse drainage problems, coach repairs are necessary, there are insect control problems, and mold and mildew have created health problems for certain tenants. She stated the park association is attempting to correct many of the problems on its own. Mrs. Anderson felt the rent increase was not justified by the owner's expenditures in the park. She reported the tenants association is involved in a law- suit to determine the legality of the rules and regulations just -3- City Council Minutes March 13, 1978 issued by the owner. She requested the Council's possibly enacting rent control. She responded to the ]ease offered by the park owner. assistance in questions regarding Mr. Bnd Shourds, 908D Bloomfield, space 44, reported on the results of a survey circulated tn 175 coaches to which iOD responses were received. The results reported on the percentage of tenants within Mr. Vandervort, 9080 Bloomfield, space 60, reported that a neighbor was ~otified of a $30 increase when signing the lease and after escrow closed there was an additional $25 rent increase, for a total increase of $55 between December 30 aud danuary 15. Mr. lohn Anderson, attorney representing the tenants association, report~d that the lease offered last year is not being offered to new tenants and the hark owner is not honering the transfer of a l,~s~ . He felt the only way to determine if there is rent gouging is h~ vhecking the financia] records of the owner, and the owner wi~ ] not present these for inspection, tie requested the Council's invest igation to determine J f the rent ~ncrease is iustlfied and h~, a]s~ asked that the Council invest JKste rent control. He stat~,cI since services in the park have decreased the justification for tho reut increase is not apparent. He reported on other communi~ lex in C;~I ifornia which have enacted or are considering enacting rent c~ntrol ordinances. He also answered quest ions regarding the Mavo~ Hudson announced that Jt was time to conduct the nublic h~ar in~s. He epened the fo! lowing hearings and continued them tint il after this item: CONTINUATION OF PUBLIC NEARING RE: HYATT DIE CAST & ENG[NEERING CORPORATION (;ONT/NUATI()N DF PUBI.[C HEARING RE: GENERAL PLAN AMENDMENT NO. 77-4 PLIBI, [C HEAR lNG RE: PUBLIC NUT,SANCE 54I ] MARION AVENUE Mr. I;~h Cooley, 9{)80 Bloomfield, reported on the invo]vement of teen~; Jn the mobl]ehome park started a teen club and held fund raisers but they iost interest because of restrictions and pressure from the park owner which included rennirement of a rental fee for the community building. RECE,SS: Mayor Hudson ca] led a recess at 8:20 p.m. The meeting was called back to order at 8:40 p.m. with Councilwoman Son]u absent. Mr. I~rent Swanson, attornev for the owner of Lincoln Center, re- port~,d he has had discussions over the past few weeks with Mr. Anderson regarding the rental documents and rules and regnlations bu~ ~his is the f~rst time they have heard rent controls proposed by the tenants. Ne stated they want to comply with the commitments o£ tb~ last settlement and they will investigate how they have not. He stated this is the first time several of the issues were brought their attention and they would like the opportunity to respond in writing. Councilman Lacayo proposed that the Council hold a work session on this matter and he requested that staff obtain information on all ordinances dealing with rent control which have been or are in the process of being enacted, information from the mobilehome park owner regarding the types of rental agreements and leases, and information regarding Seal Beach's rent controls. He suggested that the Council then hold a public hearing to consider this infor- -4- ~ Ci ouncil Minutes March 13, 1978 Councilwoman Evans agreed with this approach and felt the Council should be more informed before taking any action. Councilwoman MacLain requested information from the mobilehome park owner regarding the proposed rent increase and information from the park tenants relating to their communications with the owner. Council- man Lacayo requested information from the park owner on what type of lease or contract they propose in the future and he felt one major concern of the tenants is the unexpected element of rent increases. Mayor Hudson requested information on maintenance costs for air space condominiums since this development involved comparable kinds of services for mobilehome parks. He suggested that at the March 20 budget workshop the Council determine what information and work they will request of staff. Councilman Lacayo stated he would like to review the park's conditional use permit. He requested information on park maintenance control used in other mobilehome parks, costs associated with the Lincoln Center tenants and owner, and information from the owner on the gauges used for increasing rents. Councilwoman Evans snggested that a survey be made of the entire Lincoln Center park to have a complete cross section, since the survey presented by the tenants repre- sented only one-third of the residents. It was moved by Mayor Hudson and seconded by Councilwoman MacLa[n to continue this matter to the March 20 meeting and that staff obtain the information requested by the Council. The motion unanimously carried by the following roi] call vote: AYES: 4 COUNCILMEN: Evans, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson Mayor Hudson stated that Councilwoman Sonju notified him that she would not attend the meeting since several of the agenda items would be continued to a later date and she felt it was inappropriate for her to attend. CONTINUATION OF PUBLIC HEARING RE: HYATT DIE CAST AND ENGINEER[NC CORPORATION: Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated March 3 which indi- cated the Orange County Health Department completed its noise monitoring study of the operations at Hyatt Die Cast. The Heal th Department officially notified Hyatt Die Cast that a violation of the City's noise ordinance occurs during the evening hours as recorded by the second floor noise monitor which was located at 9]00 Whitney Way. The Health Department felt the noise source contributing to the violation was identifiable and could be corrected. Mr. Ellwyn Brickson of the Orange County Health Department re- ported on the method of conducting the sound studies and on the findings and responded to questions from tile Council. Mayor Hudson asked if anyone wished to speak on this matter. Mrs. Lester Wilson, 9190 Whitney Way, Cypress, stated she can live with the existing conditions if they can be maintained by Hyatt. She reported there have been no nighttime or weekend noises, the blast furnaces have been moved and the degreasing operation dis- continued, and the tow motor noise is not bad. She felt this may be a temporary quiet period following the noise studies. Mr. O'Hara, 9170 Whitney Way, stated the noise studies did not reflect the noises the neighbors used to hear. He stated there is no banging, racing trucks or sudden noises but he questioned how long this will last. -5- City Council Minutes March 13, 1978 Mr. Fred Glass, 9210 Whitney Way, stated quiet periods have occurred previously and then the noise resumes. He stated he wanted the City to enforce its laws and protect property owners' rights to en~oy their property. Ms. Mary Walker, attorney representing Hyatt Die Cast, questioned Mr. Brickson regarding the noise study findings. She reDorted that Hyatt has employed a noise consultant to identify noise source problems and that the notice of violation gives Hyatt until April ]© to correct the problems. She reported Hyatt's operations are st~ll subject to a lawsuit. Mr. ~loel Lander, 9201 Whitney Way, stated the statement by Mrs. Wi]son that neighbors can live with this level of noise is not tr~e of all residents. He stated he wanted a situation that is totally controlled. He asked if noise readings can be taken during the night when an objectionable noise occurs. The Planning D~ ~ector stated the County can be called to take such a readln~. Mr. Class stated that if the City's lawsuit against Hyatt was pursued with enough diligence it would have eliminated problems. He stated Hyatt is not complying with the conditional use perm~ ~ and modified use permit conditions and he requested that they comply. Mr. .lim Eyre, 9100 Whitney Way, stated one violation of the nsc permit are the vibrations from Hyatt which extend past the pruper~v line. He stated conditions have not been this quiet in seven years but he felt the situation may be different in summer when doo~s and windews are open. The Planning Director recommended that the hearing be continued since Hyatt has until April lO to correct any vio]atlona, lie stated that after Hyatt takes remedial action the Health Depart- ment can take readings to determine if the violations are corrected. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to continue the public hearing regarding Hyatt Die Cast to thc April 24 meeting. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Evans, Lacayo, MacLain & Hudson None Sonju CONTINUATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 77-4: Mayor Hudson opened the public hearing and asked for the staff report. The Planning Director presented a report dated March 2 indicating the hearing was continued from the Council's February 27 meeting at which time they considered the applicant's request for with- drawal of the General Plan Amendment application for property at the northeast corner of Orange Avenue and Bloomfield Street. He reported the property owners were renotified of the hearing as directed by the Council. He transmitted various materials to the Council and the plot plan of a commercial project proposed by the applicant. The Planning Director reviewed previous Commission and Council actions on the application and he reported the appli- cant requested withdrawal of the General Plan Amendment application and proposes a commercial center with no sale of alcoholic beverages. Mayor Hudson asked if the applicant wished to speak. Mr. Philip Chapirson, 3670 Aster, Seal Beach, stated he and bis partner have made a firm decision to develop a commercial center. He felt the center could be built without setback variances. -6- ~i~y Council Minutes March 13, 1978 Mayor Hudson asked if anyone wished to speak in opposition to the amendment. Mr. Jim Hoffner, 9455 Cambridge, Cypress, stated that as a home- owner in the area he is not concerned about either residential or commercial development on the property but as president of the homeowners' association for the adjacent tract he is concerned about the impact of development on the association park and pool. Mayor Hudson asked if anyone wished to speak in favor of the amendment. Mrs. J. Shepherd, 4036 Brighton Circle, Cypress, spoke in favor of residential development and felt it was a more appropriate and compatible use than commercial. She did not feel commercial use wo~ld be successful at this corner and she felt property owners in the adjacent tract would favor residential development. Mr. Bob Head, 4027 Cheshire, Cypress, stated be did not oppose c~mmercial or residential development as long as it is a proper use. Mrs. Nancy Crowder, 4024 Selkirk, Cypress, stated the applicant may request a liquor license in the future in order to improve business and that she opposed liquor sales on the property. Mr. J. Shepherd, 4036 Brighton Circle, read a letter from Mr. and Mrs. Edward Patterson who indicated they opposed commercial use behind their property because it would interfere with the quiet enjoyment of their home, attract traffic, create noise at n~ght, and because of the possibility of robberies. They asked the Couocil to encourage commercial development where it can flour [sb and tl~ey felt this area did not provide enough potential business for a commercial center. Mr. Shepherd reported he checked with banks wl~ic}~ indicated the applicant had a good chance of obtaining a loan for either residential or commercial development. Mr. Shepberd felt homes would sell well at this corner. Mr. Chapirson felt that a person wishing to go into business has that right and he stated he is willing to take the risk. lie ques- tion~d residential development on the corner because of the 8000 cars per day traffic count. He reported his letter of application states that there will be no off-sale or on-sale liquor on the property. He reported he has had inquiries from a beauty parlor, real estate office, dentist and others and he stated such estab- ~ ishments close before dark and would not create traffic late at night. He reported his other commercial centers are clean and are in residential areas and there are no complaints from neighbors. He f~'] t this center, with proper landscaping, wo~ld be an asset to the neighborhood. Mr. Jim Hoffner stated he favors a commercial center with the types of tenants outlined by the applicant which close early. He felt ther~ may be problems with new homes joining their homeowners' Mrs. Nancy Crowder stated the applicant may not remain the owner and the liquor situation may change. Councilwoman MacLain stated she did not appeal the Planning Com- misslon~s decision but their lack of a decision. She felt the best use for the property was residential because of the dangerous traffic situation at the intersection and she felt commercial would not be successful. Mayor Hudson stated since the corner was originally proposed for a service station the adjacent resi- dents should have expected commercial use of the property. He stated he was concerned about the proximity of driveways for resi- dential use to the corner. He supported sustaining the Commission' action so that the applicant may pursue commercial development. -7- City Council Minutes March 13, 1978 Councilwoman Evans stated she opposed spot zoning and that she has always felt the corner was improperly zoned. She suggested that the Council pursue a traffic signal at the intersection. She felt the applicant's fluctuation indicated he may question whether com- mercial development would succeed and she stated she favored the amendment to rezone the property for residential use. Councilwoman Evans moved to approve the General Plan Amendment. The motion was not seconded. The Council held further discussion regarding tbe merits of commercial versus residential development. Several Council mem- bers indicated they would like to review the plans and elevations and traffic studies. The Planning Director described the driveway iayouts for both commercial and residential development. He stated single-family residential development would involve one driveway on Oral, ge Avenue, similar to the drlveway access on the northwest corner of Ball and Denni. He stated a maximum of two driveways would be permitted for commercial development. Mayor Hudson moved to close the hearing and affirm the zoning of property as commercial. The motion was not seconded. Councilman Lacayo moved to refer the matter back to the Planning Commission. The motion was not seconded. Councilwoman Evans fei t the applicant should not be required to return to the Council or Commission if he complies with the Zoning Ordinance requirements f~r <'ommercial development. Mayor Hudson suggested that the Planning Commission undertake a s~udy of remnant corner parcels such as this which were originally proposed for service stations to designate a land use for such parcels and establish development criteria. Mayor Hudson moved to close the public l~earing. The motion was not seconded. Councilwoman MacLain withdrew the appeal. Mayor Hudson moved to refer the matter to the Planning Commission for their study of remnant corner parcels and that they consider an over]ay zone for such parcels. The motion was not seconded. The Planning Director felt an overlay and he suggested a means to require a development on remnant parcels. zone was not the best approach conditional use permit for It was moved by Mayor Hudson and seconded by Councilwoman MacLain to initiate a Zoning Ordinance amendment which provides a condi- tional use permit requirement for development of remnant corner parcels similar to the subject property. Councilwoman Evans felt further delays were unfair to the appli- cant and community. The Planning Director stated with the with- drawal of the appeal the applicant may file plans for commercial use and the Council would have the option of appealling the Com- mission's decision if they object to the proposal. Mayor Hudson and Councilwoman MacLain withdrew the motion and second. PUBLIC HEARING RE: PUBLIC NUISANCE~ 5411 MARION AVENUE: Mayor Hudson opened the public hearing and asked for the staff report. The City Manager swore in Mr. J. E. Huston, Supervising Sanitarian of the Orange County Human Services Agency. T~e City Manager presented a report dated March 9 which transmitted a report from the Public Works Director dated March 7 and a report -8- ~y Council Minutes March 13, 1978 from the County Health Department dated February 6 which gave notice to the property owner at 5411 Marion Avenue of the building and health violations caused by unsanitary conditions on the property. Mr. J. E. Huston reported on conditions on the property, the in- spuctions of the Health Departments and communications with the prop~,~ty owner. No o~i~er persons in the audience appeared to be swore in to present testimony. was moved by Councilwoman MacLain and seconded by Councilman ha~ayo to close the public hearing and adopt the following Resolu- tion by title only, title as follows: RESOLUTION NO. 1963 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 FHE CYPRESS CITY CODE, AND ORDERING THE ABATEMENT OF THE SAME BY THE OWNER THEREOF. m~t£on unanimously carried by the following AYES: 4 COUNCILMEN: Evans, Lacayo, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju LETTER 0¥ roll call vote: MacLain & Hudson AGREEMENT TO GUARANTEE CONTINUATION OF CONSIDERATION OF CONSTRUCTION OF STORM DRAIN AND SEWER: The City Manager presented a F~p~rt regarding this matter dated March 8. The City Attorney r~por ted she has not received the final draft of the agreement from the property owner. It wa~; moved by Councilman Lacayo, seconded by Mayor Hudson and u~at]imously carried to continue the item to tile March 27 meeting. CONTINUATION OF CONSIDERATION OF CAROB STREET FENCE: The City Manage, r presented was investigating a report dated March 9 which indicated the County funding sources for construction of a block wall [t was moved by Councilman Lacayo, seconded by Councilwoman MacLain and unanimously carried to consider the Acacia Drive problems in conjunction with this matter and continue both items to the March 27 meeting. CONTINUATION OF CONSIDERATION OF THE ORANGE COUNTY GENERAL SER VICES AGENCY'S REPORT ON THE GENERAL AVIATION NEEDS OF ORANGE COUNTY: The City Manager presented a report dated March 9 which transmitted a report prepared by the General Services Agency and reported on the Board of Supervisors' action on February 28. It was moved by Councilman Lacayo and seconded by Councilwoman Evans that the Mayor and City Manager coordinate the efforts of the adjoining cities and community groups and General Benson and his staff in preparation for the General Services Agency meeting on the joint use proposal for Los Alamitos Naval Air Station. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson -9- 439 City Council Minutes March 13, 1978 CONSIDERATION OF PRELIMINARY REPORT ON THE WEST ORANGE COUNTY POTENTIAL REGIONAL PARK SITES PREPARED FOR THE BOARD OF SUPER- VISORS BY THE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY: The City Manager presented a report dated March 9 which transmitted the EMA report. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to authorize the City Manager to prepare a letter to be included as a part of the report on the west Orange County poten- tial regional park sites opposing the use of any of the Harvey property as a regional park. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Evans, Lacayo, MacLain & Hudson None Sonju CONSIDERATION OF THE ADOPTION OF AN ORDINANCE AND A RESOLUTION AMENDING SECTION 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE %HEREBY ADOPTING BY REFERENCE THE 1976 EDITIONS OF THE BUILDING CODES INCLUDING THE UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODEt UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILD- INGS, UNIFORM FIRE CODE AND UNIFORM BUILDING STANDARDS: The City Manager presented a report from the Building Division dated March 7 indicating the staff recommended adoption by reference of the 1976 Editions of the Building Codes and the holding of a put>lit hearing on April 10 to consider final adoption, and adoption of a Resolution setting forth local conditions justifying amend- ments to the 1976 Editions of the Building Codes. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to order the following Ordinance read by title only, title as follows, and approve the first reading, and adopt the following Resolution by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE THEREBY ADOPTING BY REFERENCE THE FOLLOWING 1976 EDITIONS OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM FIRE CODE, AND UNIFORM BUILDING CODE STANDARDS. RESOLUTION NO. 1964 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SETTING FORTH THE LOCAL CONDITIONS AND THE PUBLIC SAFETY FACTORS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL FHAT CERTAIN MODIFICATIONS TO THE 1976 EDITION OF THE UNIFORM BUILDING CODES: UNIFORM BUILDING CODE, UNIFORM MECHANICAL CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT OF DAN- GEROUS BUILDINGS, UNIFORM FIRE CODE AND UNi- FORM BUILDING CODE STANDARDS ARE REASONABLY REQUIRED BY LOCAL CONDITIONS AND PUBLIC SAFETY FACTORS WITHIN THE CITY OF CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, NOES: 0 COUNCILMEN: None ABSENI': 1 COUNCILMEN: Sonju Lacayo, MacLain & Hudson -10- City Council Minutes March 13, 1978 CONSIOERATION OF REVISED TENTATIVE TRACT MAP NO. 9849: The City Manager presented a report from the Planning Director dated March 3 which indicated the Planning Commission approved the revised map on March 2 which will provide for the establishment of a 14 unit condominium project at 6101 Orange Avenue. Also transmitted w~ ~ ~!opy of the revised map, Staff Report #78-9 dated February 2~ h' ~c~ihing tt~e revision from a 15 lot to a one lot subdivision to pr ~vlde for a~r space condominiums, and the Planning Commission minutes on this matter. Staff recommended approval of the revised map s~b~ect to the original conditions of approval. It wa~ moved by Councilman Lacayo and seconded by Councilwoman MacLaim to adopt the fol£owlng Resolution by title only, title a~ RESOLUTION NO. 1965 \ RESOLUTION OF THE CITY COUNCIL OF THE CITY ~F CYPRESS APPROVING REVISED TENTATIVE TRACT MAP ND. 9849 - WITH CONDITIONS. The motion unanimously carried by the followlng roll call vote: AYES: 4 COUNCILMEN: Evans, NDES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju MacLain & Hudson CONS [I)ERATION OF APPROVAL OF CITY AND RECREATION AND PARK DISTRICT COMMEi4C:IAL WARRANT LISTS: It was moved bv Councilman Lacayo and s~,c~nded by Councilwoman MacLain to approw~ the City Warrant List for W~rants #48234 through #48375 in the ~ota] amount of $362,742.87, and th~ District Warrant List for Warrants #77Q] through ~t7753 in the ~,~tal amount of $34,490.68. The motion unanimously carried by th~, following roll call vote: A%ES: 4 COUNC[LMEN: Ew~ns, qflES: 0 COUNC[LMEN: None %I~SENT: 1 COUNCILMEN: Son~u [,a~'~vo, MacLain & Hudson CONSII)~RATION OF PROPOSED ORDINANCE ESTABLISHING RULES AND REGU- LATIONS FO~ THE PARK AND RECREATIONAL AREAS: The City Manager pre, sented a report from the Recreation and P~lrk Director dated March 7' which transmitted an ordinance that wou]d establish the rules and regulations which the Council adopted on March 24, 1977. Adoption of the ordinance would allow for the charging of fines for violations. It was moved by Councilman Lacayo and seconded by Conncilwoman Evans to order the following Ordinance read by title on]y, title as follows, and approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY i)F CYPRESS, ACTING AS THE EX OFFICIO BOARD i) F DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING RULES AND REG- ULATIONS FOR ALL PARK AND RECREATIONAL AREAS OWNED, MANAGED OR CONTROLLED BY THE CYPRESS RECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju MacLain & Hudson -11- 441 City { ouncil Minutes March 13, 1978 In re~ard to Item #23 concerning a report from the May Festival Steering Committee, Councilwoman Evans reported that at the March 9 meet:ing the entire Committee agreed to hold the May Festival in Ma~,. She reported community organizations are being notified of thc next Committee meeting scheduled for March 21 at which time booth designations will be determined. She reported the pared., will be included in the festival. in re~ard to Item #24 concerning the agreement between the Cypress Recreation and Park District and City of La Palma for a refund of taxes, which was approved at the February 27 meeting, the City Attorney recommended that the agreement be executed in the form o f a Resolution. It wa~; moved by Councilman Lacayo and seconded by Councilwoman MaoEain 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: RESOLUTION NO. 90 ,\ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ACTING AS THE EX OFFICIO BiOARD OF I)[RECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT REGARDING THE INADVERTENT FAILURE TO DETACH CERTAIN PROPERTY FROM THE CYPRESS ~IECREATION AND PARK DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Evans, NOES: 0 COUNCILMEN: None ABSENT: I COUNCILMEN: Sonju Lacayo, MacLain & liudson In regard to Item #25 concerning the March 14 meeting, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain to ad iourn tonight's meetinz to March 14 at 7:30 p.m. The motion unanS,lous]y carried by the following roll call vote: :lYES: 4 COUNCILMEN: Evans, NDES: 0 COUNCILMEN: None ABSENT: l COUNCILMEN: Sonju Lacayo, MacLain & Hudson ORAL COMMUNICATIONS: There were no oral communications presented at this time. Mayor [{udson welcomed newly elected Council member Howard Rowan. ADJOURNMENT: The meeting was adjourned at March 14, 1978 at 7:30 p.m. ATTEST: 11:52 p.m. to Tuesday, MAYOR OF THE CITY OF CYPRESS / (] I TY i:IJEIik ~0~ THE'CITY OF CYPRESS -12-