Loading...
HomeMy WebLinkAboutMinutes 78-07-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL ~ HELD July 24, 1978 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, July 24, 197g in the Cyeress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Pro Tem Howard Rowan presiding. PRESENT: ABSENT: Councilmembers Evans, Lacayo and Rowan Councilmembers MacLain and Hudson Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Bryant, Hawley, Powell, Schatzeder and Shumard. PLEDGE OF ALLEGIANCE: Mr. Schatzeder led the pledge to the flag. Councilman Rowan recessed the meeting at 6:38 p.m. for the purpuse of interviewing an applicant to the Orange County Health Planning Council. He stated the audience was invited to participate. COUNCILWOMAN MACLAIN ARRIVED AT 6:50 P.M. Tine meeting was called back to order at 6:53 p.m. with Mayor Hudson absent. Councilman Rowan announced that the Council discussed Item #18, Continuation of Consideration of Apnointment of a Representative to the Orange County Health Planning Council, with Mr. Frank Lee, the CJty's current renresentative, who discussed his background and activities with that organization. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to reappoint Mr. Frank Lee as the City's representative to the Orange County Health Planning Council. The motion unani- mouslv carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Lacayo, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson MacLain & Rowan ORAl. COMMUNICATIONS: Mr. John Kanel, 5502 Mildred Circle, Cypress, requested that Item #4 be removed from the Consent Calendar and discussed with Items #26, 27, 29 and 30. He stated he was con- cerned about the elimination of Commissions and that there were other persons who would like to speak on this matter. It was moved by and unanimously and to consider pnblJc hearings. Councilman Lacayo, seconded by Councilwoman Evans carried to remove Item #4 from the Consent Calendar Items #4, 26, 27, 29 and 30 to~ether after the It wa~ moved by Councilman Lacayo, seconded by and unanimously carried to add Item #Al to the the issue of abortion. Councilwoman Evans agenda regarding Mrs. Loretta Callender, 9408 Danbury~ Cypress, presented the Council with a check for $1500 and a petition containing 1290 signatures and asked that the Council place the issue of abortion on the Nov- ember ballot. Mrs. Callender requested that the ballot proposition state: "Shall the City Council of the City of Cypress adopt a moral resolution expressing the City's ~pposition to abortion?" Ci, ty (]ouncil Minutes July 24, ]978 The City Attorney advised that the Council has the authority to place an advisory question on the ballot and can accept donations to the City for this purpose. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to accept the donation and to place the abortion question on the November ballot, and that any funds exceeding the election coats shall be reimbursed to the group requestin~ the matter on the ballot. The City Attorney recommended that the supporters of the proposition investigate and comply with Proposition 9 provisions. A modified motion was moved by Councilman Lacayo and seconded by Councilwoman MacLain to place the issue of abortion on the November ballot with the wording of the proposition to state: "Shall the City Council of the City of Cypress adopt a moral resolution expressing the City's opposition to abortion?" The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan It was moved by Councilman Lacayo and seconded bv Councilwoman Evans to accept the donation of $1500 to place the abortion issne on the ballot and to reimburse those funds which exceed the City's election costs. The motion unanimously carried by the fo]lowing roil call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan The City Attorney advised that the Council will post a date for accepting arguments on the ballot measore. Mayor Pro Tem Rowan opened the following public hearings and con- tinued them until after consideration of the Consent Calendar: CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT MR. HAROLD G. WILMARTU ON BEHALF OF MOTHER'S FOOD FOR HEALTH. CONTINUATION OF PUBLIC HEARING PROGRAM FOR THE EXPENDITURE OF UNDER REVENUE SHARING. RE: ADOPTION O¥ A FUNDS ALLOCATED PUBLIC HEARING TO DETERMINE THE DISTRIBUTION OF STATE SURPLUS FUNDS TO SPECIAL DISTRICTS GOVERNED BY THE CITY COUNCIL. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MESSRS. DON B. AND BOYD A. LAKE. PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 78-4. CONSENT CALENDAR: Councilman Rowan 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 recom- mendation listed on the agenda. Councilwoman MacLain requested the removal of Item #5. It was moved by Councilman Lacayo and seconded by Conncilwoman MacLain to approve Items #3 th£ough #11 on the Consent Calendar with the exception of Items #4 and #5. The motion unanimously -2- City Council Minutes July 24, ] 97g carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacavo, MacLa~n & Rowan I__tes_fj~: Motion to Introduce and/or Adopt all for Consideration by title on]y, and to waive Ordinances Presented further reading. Item #6: Consideration of Request to Fill a CETA Police Clerk Recommendation: That the City Council authorize the to approve the employment of a CETA Police Clerk as the Pul ice Chief. City Manager requested by Item #7: Consideration of an Ordinance Regarding Resale Inspec- tions of Residential Buildings. Recommendation: That the Citv Council continue consideration of this matter to the August 2B meeting. Item #8: Consideration of Acquisition of Parcel , AP#134-451-10, Cit. y Project No. 7922-90 (Knott Avenue North of Katella). Recommendation: That the City Council approve the agreement between the City and the County of OranKe for purchase by the City of AP#134-451-10 and adopt the following Resolution by t~tle only, title as follows: RESOLUTION NO. 2004 A RESOLUTION OF THE OF CYPRESS OFFERING DEEDED PROPERTY. CiTY COUNCIL OF THE CITY TO PIJRCHASE CERTAIN TAX Item #9: Consideration of an Application for a Person-to-Person Transfer of an Off-Sale General Alcoholic Beverage I, icense as Submitted by Albertson's, Inc., DBA Fisher Foods, Inc., 9937 Walk~.r Street, Cypress. Recommendation: Receive and file. Item #10: Consideration of a Claim Submitted by Southern Ca]if- ornia Edison Company. Recommendation: That the Citv Council officially deny claim and refer the claim to the City's Claim Adjuster, Warren and Company, for appropriate disposition. the subject Carl Item #il: Consideration of Request for City Manager's Vacation. Recommendation: That the City Council grant the City Manager's vacation request for the period of July 31, 1978 through August 1~. Councilman Rowan announced that the presentation to Mrs. Vicki Van Allen would be continued since she was unable to attend tonight's meeting. CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT MR. HAROLD G. WILMARTH ON BEHALF OF MOTHER'S EOOD FOR HEALTH~ 17891-B Sky Park, Irvine, California: Mayor Pro Tem Rowan opened the bearing and asked for the staff reoort. 67 The City Manager presented a report dated July 20 indicating the hearing was continued from the July lQ meeting at which time the applicant was requested to be present to respond to questions. Councilman Rowan asked if the applicant was present. The appli- cant was not present. -3- City Council Minutes July 24, 197g It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the hearing and receive and file the application for a special permit by Mr. Harold G. Wilmarth. The motion unani- mously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson MacLain & Rowan CONTINUATION OF PUBLIC HEARING RE: ADOPTION OF A PROGRAM FOR THE EXPENDITURE OF FUNDS ALLOCATED UNDER REVENUE SHARING: Mayor Pro Tem Rowan opened the hearing and asked for the staff report. The City Manager presented a renort dated July 20 indicating the City will receive approximately $240,Q~0 in Revenue Sharing funds in 1978/79 which, combined with the unallocated Revenue Sharing funds from 1977/78 amounting to $22],I~0 will leave a total of $461,100 available for allocation. The staff recommended that $75,000 be allocated for the underground utility project on the north side of Katella between Knott and Valley View, and that the remaining funds be left unallocated. Mayor Pro Tem Rowan asked if anyone wished to speak in opposition to the proposed expenditure program. to speak in support or in opposition. in support or No one wished Councilman Lacayo suggested that the allocation of funds be delayed and considered in conjunction with the hearing on the Light District tax. The staff reported that performing the underground utility work now would be less costly and disruptive than in the future. They indicated the property owner was aware of the City's problems created by Proposition i~. Councilman Lacavo asked staff to meet with the property owner and attempt to negotiate a greater contri- bution from them based on the fact that industrial property owners will benefit under Proposition 13. It was moved by Councilman Rowan and seconded by Counc i]man Lacayo to continue the hearing to the August ]4 meeting and direct staff to continue negotiations with the property owner regarding funding of the underground utility preject and to report back to the Council . The motion unanimously carried by the following roi 1 call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Laca¥o, PUBLIC HEARING TO DETERMINE THE DISTRIBUTION OF STATE SI1RPI.US FUNDS TO SPECIAL DISTRICTS GOVERNED BY THE CITY COUNCIL: Mayor Pro Tem Rowan opened the hearing and asked for the staff report. The City Manager presented a report dated July 20 which listed State criteria for the distribution of surplus funds and their impact on the Light District and Recreation and Park District. He also transmitted a report from the Finance Officer which out- lined the dollar figures by applying the criteria to the two dis- tricts. ~.iayor Pro Tem Rowan asked if anyone wished to speak on this matter. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, suggested tbat the Council reconsider imposing the street light users tax and that it allocate the maximum amount of surplus funds to the Lighting District because the Lighting District is so dependent on property taxes and will lose the greatest percentage of funds. He suggested using State funds to fill the voids left by Proposition 13 instead of imposing new taxes. It was moved by Councilwoman Evans and seconded by Councilwoman MacLain to continue the public hearing to the August 14 meeting. -4- City Council Minutes July 24, 1978 Mr. John O'Neill, 10551 Ritter, Cypress, suggested that an inves- tigation be made on how to reduce costs in the Lighting District. He inquired about street lighting costs and the reserve in that District and the Council advised him that the funds are not in reserve but are in a contingency fund to pay for upcoming lighting bills. The Council indicated that lighting alternatives were con- sidered. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT - MESSRS. DON B. AND BOYD A. LAKE~ 43 Via Alicia~ Gardens, California: Mayor Pro Tem Rowan opened the public hearing and asked for the staff report. The City Manager presented a reoort dated July 13 indicating the permit application was for door-to-door solicitation for the sale of garage door openers and the Police Department's investigation found no basis for denial of the permit. Councilman Rowan asked if the applicants were present. Messrs. Don Lake and Boyd Lake reported they do business elsewhere and the garage door openers safety of a city by reducing theft. not operate the contribtJte to the Councilman Rowan asked if anyone wished to speak in favor or in opposition to the granting of the permit. No one wished to speak in support or in opposition. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and approve the special permit for Messrs. Don B. and Boyd A. Lake subject to the condition that solicitation hours be restricted to Monday through Saturday, 9:00 a.m. to 6:00 p.m. The motion unanimously carried by the fo]lowing roil call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 78-4: Mayor Pro Tem Rowan opened the hearing and asked for the staff report. The Planning Director presented a report dated July 20 describing the proppsed amendment which would provide for the estab]lshment of a new zone classification relating to planned commercial and light industrial uses. He reported the Planning Commission on ,lulv 6 recommended approval of the amendment with two modifications: one relating to wall signing and the other was a suzzestlon to change the title of the zone from PCM Planned Commercial Man,factt~ring Zone to PCI Planned Commercial/Light Industrial Zone. He reported the staff agreed with these suggested modifications. Councilman Rowan asked if anyone wished to speak in support of the amendment. Mr. Joe ~ardcastle, 4588 Blanca Drlv~, Cypress, stated he supported the amendment and allowing commercial uses in industrial zones. Councilman Rowan asked if anyone wished to speak in opposition. No one else wished to speak. -5- City Council Minutes July 24, ]978 It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing, order the following Ordinance read by title only, title as follows, and to approve the first reading of the Ordinance: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE, BY ADDING A NEW SECTION, SECTION 12.8 ENTITLED PCI PLANNED COMMERCIAL/ LIGHT INDUSTRIAL ZONE AND KNOWN AS AMENDMENT TO THE ZONING ORDINANCE NO. 78-4. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Lacayo, MacLain NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson & Rowao RECESS: Councilman Rowan called a recess at 8:20 p.m. The meeting was called back to order at 8:35 p.m. with Mayor Hudson absent. CONSIDERATION OF CITY COMMISSIONS: Mayor Pro Tem Rowan announced that Items #4, 26, 27, 29 and 30, all pertaining to City Commis- sions, would be considered at this time. The following persons spoke in opposition to the Co,~ncil's proposal to eliminate City Commissions: Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress Mr. John Kanel, 5502 Mildred Circle, Cypress Mrs. Bette Hamilton, 5952 Karen, Cypress Mr. Hilliard Warren, 5275 Vista Real, Cypress Mrs. Lucy Swindell, 9151 Whitney Way, Cypress The following persons spoke in favor of the elimination of City Commissions: Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress Mr. James Duncan, 9787 Rome Street, Cypress It was moved by Councilman Rowan and seconded by Councilman Lacayo to continue the matter regarding City Commissions to the next meeting so that the entire Council may consider the matter. Councilman Lacayo recommended that the matter regarding elimination of City Commissions be referred to the Blue Ribbon Committee on Proposition 13 for their study and recommendations. He requested further information regarding the real costs of operating the Com- missions. He stated it was not his intent to disband the Commis- sions and then reinstitute them in the future with new Commissioners. He asked the Commissioners who were in the audience if they would be willing to serve without salary and pay for their own travel expenses. Ail seven Commissioners who were present indicated they would be willing to pay their own travel expenses and serve without salary. Mr. Kanel recommended that the Council hold proposal to eliminate Commissions and that review the proposal. a public hearing on the the Blue Ribbon Committee A substitute motion was moved by Councilman Lacayo and seconded by Councilwoman Evans that the Council conduct a public hearing to consider the matter of elimination of the Commissions, that the proposed Ordinance be held in abeyance until the Council considers the findings of the hearing, that the matter be referred to the Blue Ribbon Committee for their study and recommendations and that the Committee's recommendations be included in the hearing proceedings. -6- City (]ot~ncil Minutes July 24, 1978 ?1 The City Manager stated the Blue Ribbon Committee recommended elim- ination of the Commissions based on the fact that the Council took previous action to eliminate them. Mr. Richard Partin, 11456 Culebra Street, Cypress, stated the Blue Ribbon Committee did not really consider and discuss the Commission elimination but only assigned the Commissions a zero priority rating based on the Council's action to eliminate the Commissions. He felt they should be directed to review the matter. He stated he favored the continuance of Commissions because they provide a sounding board for City issues and without a Commission the appeal process woold not be available. Councilwoman MacLain requested a staff report on exact Commission costs and Councilwoman Evans asked that the report compare existing Commission costs and the costs if the Council assumes the Commis- sions so that the Council can determine the cost savings. The City Attorney indicated there would be a problem regarding the public hearings which were noticed for the Council's first meeting in August. Councilman Rowan suggested that the hearings be re- noticed for the Planning Commission and stated the Commissions should continue to exist until 30 days after final action by the Council. Councilmembers Evans and Lacayo agreed to modify the motion to request the staff report on Commission costs, to direct staff to renotice the public hearings before the Planning Commission at the first available meeting, and to schedule the public hearing to consider the matter of elimination of the Commissions for September 11. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: EvBns, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan The Council agreed that City Manager and provide report. the individual members would contact tile him with direction regarding the cost The Council continued Items #4, 26, 27, 29 and 30 to the September i1 meeting. STAFF REPORTS & DISCUSSION: Hearing no objections, Mayor Pro T~m Rowan added the following matters to the agenda: item #35 regarding Straight Talk Clinic funding; Item #36 regarding a Girls' Club Ad; Item #37 regarding the liquor license protest for the Bashful Bagel Restaurant; Item #38 regarding the POST training program; Item #39 regarding an Executive Session on litigation; £tem #40 regarding a communication from the Orange County Criminal Justice Council. CONSIDERATION OF AUTHORIZATION TO AWARD CONTRACT~ STREET LIGHTING CONVERSION TO H.P.S. ON TRAFFIC SIGNAL LUMINAIRES: The City Mana- ger presented .a report from the Public Works Director dated July 19 which outlined four bids received for the conversion of mercury vapor traffic signal luminaires to the high pressure sodium type. Staff reported the City's investment would be returned in seven years and the anticipated annual savings was $1750. Councilman Lacayo felt the old lights should be offered to another city. It was moved by Councilwoman MacLain and seconded by Councilman Rowan to determine that the lowest responsible bidder for Project No. 7863-90 is Baxter-Griffin, 8210 Monroe, Stanton, California, -7- ~y Council Minutes July 24, 1978 and award them a contract in the amount of $13,110.00 for the con- version of Mercury Vapor Luminaires on traffic signal installations to the High Pressure Sodium Type; and transfer $299.0D from Account #10-4157-223-07 to Capital Account #50g.25 for the project. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Evans, 1 COUNCILMEMBERS: Lacayo 1 COUNCILMEMBERS: Hudson MacLain & Rowan With regard to Item #5 removed from the Consent Calendar, Consider- ation of Authorization to Fill Vacant Secretary Position in the Public Works Department, Councilwoman MacLain stated she did not support the hiring of a provisional secretary and suggested that the work be done by the current staff. She suggested that when positions become vacant in the future they remain unfilled. The staff commented on the urgency of filling both positions. It was moved by Councilwoman MacLain and seconded by Councilman Rowan to authorize the replacement of the Secretary in the Public Works Engineering Division. The motion failed to carry by the following roll call vote: AYES: 2 COUNCiLMEMBERS: MacLain & Rowan NOES: 2 COUNCILMEMBERS: Evans & Lacayo ABSENT: 1 COUNCILMEMBERS: None It was moved by Councilwoman Evans and seconded by Councilman Rowan to authorize the replacement of the Secretary in the Public Works Engineering Division and direct the staff to proceed with the necessary advertisement and recruitment, and grant authoriza- tion to employ a provisional secretary to provide clerical assis- tance in the interim period until a list of candidates can be submitted to the Council for certification. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNC ILMEMBERS: Evans, 1 COUNCILMEMBERS: Lacayo 1 COUNCILMEMBERS: Hudson MacLain & Rowan CONTINUATION OF CONSIDERATION OF RESIDENT COMPLAINTS RE: LINCOLN CENTER MOBILEHOME PARK: The City Manager presented a report from the Planning Director dated July 20 regarding this matter. Staff recommended that the matter be continued to the September ]l meeting. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to continue the matter regarding Lincoln Center Mobilehomc Park to the September 11 meeting as pr6posed by the representatives of the park and as accepted by representatives of the residents. The motion unanimously carried by the followinli roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan CONTINUATION OF CONSIDERATION OF LEGAL ADVERTISING: The City Mana- ger presented a report from the Finance Officer dated J~ly 18 con- taining circulation and distribution information on five newspapers located in the area. It was moved by Councilwoman MacLain and seconded by Councilman Rowan to continue the item until a full Council is oresent. The motion failed to carry by the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: 2 COUNCILMEMBERS: 1 COUNCILMEMBERS: MacLain & Rowan Evans & ~acayo Hudson -8- City (;ouncil Minutes July 24, ]97g ~ The Council discussed the information provided in the repo~t. The City Attorney stated that the City Code provides if there is no general circulation newspaper printed and published within the City, then the Council may contract with any general circulation news- paper which is adjudicated in Orange County for the publication of legal advertisements. Mr. dohn Kanel, 5502 Mildred Circle, Cypress, identified the adjudicated newspapers in the staff report and stated the Community Advocate is an adjudicated newspaper only in Los Angeles County. Mr. James Duncan, 9787 Rome, Cypress, stated are sometimes not delivered and he suggested newspaper presently used by the City. throw-away newspapers continued use of the Mrs. (Jerry Erskine, representing the News Enterprise, stated the newspaper used by the City for legal ads must be printed in Orange County and therefore the Advocate cannot be considered. Mr. Jerry Mul]en, 4190 Elizabeth Court, Cypress, stated the Com- munity Advocate is not licensed in Orange County. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to award the contract for the publication of legal adver- t [sements for one year to the News Enterprise, 3722 Catalina Street, Los Alamitos, California at the same prices and conditions as the original b~d. Councilwoman MacLain suggested that the insert to give the City more coverage. cooperate on this. Enterprise provide a specla] Mrs. Erskine agreed to Mrs. Place, 6572 Biak, Cypress, stated sometimes the City news- letter is not delivered and she suggested that the City use bulle- tiu boards in the parks, at the high schoo] and col ]ege to post The m,,tion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNC ILMEMBERS: None ABSENT: 1 COUNC ILMEMBERS: Hudson CONTINUATION OF CONSIDERATION OF TRAFFIC SIGNAL ON WALKER STREET: The City Manager presented a report from the Public Works Director dated July 20 which outlined concerns discussed by staff and School Distr~ct officials relative to the traffic signal. The City Attor- ney stated the District is no longer prohibited from providing their own crossing guards. Mr. William Calton, Cypress School District Superintendent, reported the School Board is willing to meet any time to discuss alternatives. He reported they are conducting a study of declining enrollments and would provide the Council with that information. He stated they are also studying means to reduce crossing guard costs and they will consider alternate attendance boundaries and changing school hours to reduce crossing guard hours. Counc~lmembers Evans and Lacayo offered to serve on the committee to meet with the School Board. It was moved by Councilman Lacayo, seconded by Councilman Rowan and unanimously carried to send a letter to the Cypress School Board requesting that the Council and Board direct that a joint staff effort be made to explore all possibilities such as: adjnst attendance boundaries to eliminate the need for a new traffic -9- City Council Minutes ,~uly 24, 197g signal on Walker Street; leave Cypress School open for another year; review locations of crossing guards; and that the City Council establish a Council Committee to meet with a similar Committee from the School Board to explore options for joint action. Hearing no objections, Mayor Pro Tem Rowan continued this matter to the August 14 meeting for further discussion regarding the traffic signal. RECESS: Councilman Rowan called a recess at 9:55 p.m. The meeting was called back to order at lO:QO p.m. with Mayor Hudson absent. CONSIDERATION OF ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES RESOLUTIONS: The City Manager presented a report dated July 20 indicating that the resolutions were previously transmitted to the Council and will be voted on at the August 10 League meeting. It was moved by Councilman Lacayo and seconded by Councilwoman Evans to support the reso]utions which will be acted upon at the August 10 meeting. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLaln & Rowan CONSIDERATION OF APPROPRIATION OF 1977-78 ENCUMBRANCES CITY: The City Manager presented a report from the Finance Officer dated JuIy 17 which outlined funds encumbered in 1977/78 which must be appropriated to the 1978/79 budget. It was moved by Councilman Lacayo and seconded by Councilwoman Macl,ain to authorize appropriations per the staff report totaling $132,887.74 to the General Operating Fund and $7,497.85 to the Central Services Fund. The motion unanimously carried by the following roil call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacavo, MacLaJn & Rowan CONSIDERATION OF CETA VI FUNDING FOR PARK RANGER PROGRAM: The City Manager presented a report dated July 17 regarding continuance of the Park Ranger Program. It was moved by Councilman Lacayo and seconded Evans to direct staff to accept the CETA Title continuance of the Park Ranger Program through by Councilwoman VI funding for September 30, 1978. Councilwoman MacLain stated she did not support continuance of the program since she has received complaints regarding the Park Rangers' performance. She stated she is dissatisfied with the program, the Rangers have no authority and they require Police Department back-up. Mrs. Place, 6572 Biak, Cypress, requested that the Park Ranger program be continued because she felt they have been successful during the past year in resolving problems at parks and they are valuable when the Police are not available. Councilwoman MacLain requested an updated report on the functions of the Park Rangers and on vandalism costs at the parks. Council- woman Evans requested a copy of the original proposal for the Park Rangers and stated a supervisory position may be needed in the program. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Evans, I,acayo 1 COUNCILMEMBERS: MacLain 1 COUNCILMEMBERS: Hudson & Rowan -10- qitV Cn,ncil Min~Jtes July 24, 1978 CONSIDERATION OF STATUS REPORT ON ABATEMENT OF PUBLIC NUISANCE AT 5411 MARION AVENUE: The City Manager presented a report from the Public Works Director dated July 18 which indicated the work to abate the nuisance at 5411 Marion Avenue was performed on June 23, 1978. The Orange County Health Department inspected the property and confirmed that the health and sanitation nuisances were elim- inated. Ir was moved by Councilman Lacayo and seconded by Councilwoman Evans to find that the property at 5411 Marion Avenue is not pre- sent]y maintained in such a way as to constitute a public nuisance, and [o adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COST OF PUBLIC NUISANCE ABATEMENT AND IMPOSINC A SPECIAL ASSESSMENT AS A LIEN ON PREMISES WITHIN THE CITY OF CYPRESS. motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan CONSIDERATION OF POSSIBLE ANNEXATION STUDY RE: UNINCORPORATED COUNTY ISLANDS: The City Manager presented a report from the Planning Director dated Julv 20 which outlined a work program staff proposed to undertake to update the Housing and Land Use Elements and to conslder annexation policies. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to direct staff to undertake a study of the possibility of annexing the unincorporated County island ~ocated sout~westerly of Lincoln Avenue and Walker Street with the report to he submitted no later than the October 23 meeting. The motion unanimo~s]y carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, Lacayo, NOES: O COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson MacLa ~n & Rowan CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was move~J by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants #49676 through #49749 in the total amount of $167,092.45. The motion unanimously carried hy the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan CONSIDERATION OF APPROPRIATION OF 1977-78 ENCUMBRANCES PARK DISTRICT: The City Manager presented a report from the Finance Officer dated July 17 listing funds encumbered in 1977/7~ to be appropriated to the 1978/79 budget for the Recreation and Park District. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, authorize appropriations per the staff report for encumbrances totaling $5,636.98 to the General Operating Fund and $790.44 to the Central Services Fund. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan -11- City Council Minutes .lu]¥ 24, 1978 CONSIDERATION OF NEW ACTIVITY CLASSES, FEES & FEE REVISIONS: The City Manager presented a report from the Recreation and Park Director dated July 19 describing new Recreation District classes, fees and fee revisions. The Recreation Director requested a change to Item #2 on page 4 to require a $25.00 maximum fee, or maximum five hours of use, for special parties and functions held at the multi-purpose room at Arnold/Cypress Park. With regard to Item #3 on page 4, regarding the fee for use of athletic fields at Oak Knoll Park and Arnold/Cypress Park, he stated this fee does not apply to youth sports leagues. Mr. Bryant discussed the fee charges with the Council. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, ratify and adopt the recommendation by the Cypress Recreation and Park Com- mission and approve the proposed new Fall programs, adult sports fee revisions, new Summer programs (which are in cooperation with high school and junior high school personnel), and additional use fees for District facilities, subject to the modifications noted by the Recreation and Park Director. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLean & Rowan CONSIDERATION OF REPLACING PORTABLE PUBLIC ADDRESS EOUIPMENT: The City Manager presented a report dated Jo]y 20 from the Recrea- tion and Park Director who requested a trade-in of inoperable public address equipment for new equipment. The vendor agreed to the exchange with no charge to the City. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain that the City Council, acting as the ex officle Board of Directors of the Cypress Recreation and Park District, authorize staff to trade two inoperable Edcor radio, speaker, microphone units for two SVM Models 250 and 251 Voicemaster portable voice amplii:iers, and that the trade would require that no money be exchanged, only equipment. The motion unanimously carried by the fo]lowing roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson hacayo, MacLain & Rowan CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the District Warrant List for War- rants #8182 through #8215 in the total amount of $26,797.37. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan With regard to Item #35 concerning Straight Talk Clinic funding, the City Manager reported that the County Board of Supervisors will begin Revenue Sharing budget hearings on August 3 and the Straight Talk Clinic requested a letter of support from the City that these funds be allocated for human and social services. It was moved by Councilman Lacayo and seconded by Councilman Rowan to direct a letter of suaport to the Board of Supervisors reques- ting that Revenue Sharing funds be allcated for human and social service programs. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan -12- City Council Minutes luly 24, 1978 In regard to Item #36 concerning a request for a Girls' Club ad, it was moved by Councilman Lacayo and seconded by Councilwoman MacLain to receive and file the request. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Evans, 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan in regard to Item #37 concerning the protest to the granting of a liquor license for the Bashful Bagel Restaurant at the southwest corner of Valley View and Orange Avenue, Councilman Rowan reported that the protest was filed by the principal of Cypress High School. Councilman Rowan stated he had no objections to the liquor license and he recommended that the matter be discussed with the principal and that he be requested to withdraw the protest. The City Council waived the 11:30 p.m. adjournment time. Councilman Lacayo recommended that the Council direct a letter to the owner of the Bashful Bagel Restaurant and ABC Board stating the fact that no objections were expressed at the Planning Commis- sion hearing on the restaurant's conditional use permit and stating the City Council has no objections to the granting of the ]Jquor The Council agreed to transmit a letter to the ABC Board and owner of the Bashful Bagel Restaurant reporting on the action at the Planning Commission bearing on the conditional use permit and indicating that no objections were raised at the hearing and that tbe City Council has no objections to the alcoholic beverage license. W~tb regard to Item #38 concerning the Police officers survival training program, the City Manager requested approval of an expend- iture of $1S00 for the officers survival program. He stated $1,000 w~ 11 be reimbursed by POST. It was moved by Councilman Lacayo and seconded by Councilman Rowan to authorize an expenditure of $1500 for the Police Officers' Sur- vival Training Program. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain 8, Rowan Item #39 regarding the Executive Session was continued until later. Regarding Item #40 concerning a communication from the Orange County Criminal Justice Council, Councilwoman Evans reported that the Mavor received a communication from the Council requesting that the City take a position opposing the formation of a new planning body in San Bernardino County. She recommended that the matter be received and filed. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to receive and file the matter. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Hudson Lacayo, MacLain & Rowan EXECUTIVE SESSION: Mayor Pro Tem Rowan called an Executive Session at 11:40 p,m. to discuss matters of litigation. The meeting was called back to order at 11:52 p.m. with Mayor Hudson absent. -13- City Council Minutes ,July 24, ]978 ADJOURNMENT: It was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 11:53 p.m. ATTEST: AYO / TY F CYPRESS CITY CL~ERK OR THE CITY OF CYPRESS -14-