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Minutes 79-02-26MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD February 26, 1979 OF The regular meeting of the Cypress City Council was called to order at 6:40 p.m. on Monday, February 26, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue, Cynress, California, Mayor Donald Hudson presiding. PRESENT: ABSENT: Councilmembers Evans, Hudson None Lacayo, MacLain, Rowan and Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City staff members: Bryant, Davenport, Duke, Hawley, Poweli and Schatzeder. PLEDGE OF ALLEGIANCE: Councilwoman Evans led the pledge to the flag. ORAL COMMUNICATIONS: Mayor Hudson asked if anyone wished to speak in regard to any matter not on the agenda. Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, addressed questions to the Mayor regarding his proposed trip to Washington, D.C. on behalf of the Santa Ana River Flood Protection Agency. Mr. Ed Clark, 9712 Walker~ Cypress, indicated he wished to speak in regard to an agenda item which was not on the Consent Calendar. PRESENTATIONS: Mayor Hudson made a presentation of community service plaques to former City Commissioners. Those commissioners who were present to receive a plaque were: former Arts and Cultural Commissioners Harold Lindamood, Gloria Livingston, Wayne Nelson and Lucille Levy, former Planning Commissioners Ellen Friedmann, Robert Van Allen, Richard Partin and Gerald Mullen, former Recreation and Park Commissioners Clyde Christensen and Dale Yates, and former Traffic Commissioners Elsie Carruthers and James LaDow. Mayor Hudson read a proclamation and presented it to Councilman Howard Rowan which commended him for quitting the smoking habit. MINUTES: It was moved by Councilwoman MacLain, seconded man Rowan and unanimously carried to approve the minutes 22, January 25, January 29 and February 5. by Council- of January 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 recom- mendations listed on the agenda. It was moved by Councilwoman MacLain and seconded by Evans to approve Items #2 through #14 on the Consent The motion unanimously carried by the following roll Councilwoman Calendar. call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCIL~{EMBERS: None ABSENT: 0 COUNCILMEMBERS: None ~{acLain, Rowan Item #2: Motion to Introduce and/or Adopt all Ordinances Presented O~ Consideration by Title Only and to Waive Further Reading. Item #3: Consideration of a Request to Proclaim the Month of April 1979 as Federation Month. Recommendation: That the Mayor and City Council proclaim the month of April 1979 as "Federation Month" in the City of Cypress. City Council Minutes February 26, 1979 Item #4: Consideration of a Request to Proclaim the Month of March 1979 as American Red Cross Month. Recommendation: That the Mayor and City Council proclaim March 1979 as "American Red Cross Month" in the City of Cypress as requested by the Orange County Chapter of the American Red Cross. Item #5: Consideration of a Claim Submitted by Sha~leigh H. Kimes, Attorney at Law, on Behalf of Kevin Eugene Mohler Recommendation: That the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, officially deny the subject claim and refer the claim to the City/ District's Claim Adjuster, Carl Warren & Co., for appropriate disposition. Item #6: Consideration of a Claim Filed by Francisco F. Firmat, Attorney at Law, on Behalf of Juan Torres. Recommendation: That the City Council officially deny the subject claim and refer the claim to the City's Claim Adjuster, Carl Warren & Co., for appropriate disposition. Item #7: Consideration of a Claim Submitted by Joseph E. Sullivan, Attorney, on Behalf of Mr. & Mrs. Robert Johnson. Recommendation: That the City Council officially deny the subject claim and refer the claim to the City's Claim Adjuster, Carl Warren & Co., for appropriate disposition. Item #8: Consideration of Adoption of Resolutions of Commendation for the Cypress Youth Commissioners. Recommendation: That the City Council adopt the resolutions com- mending the former members of the Cypress Youth Commission for their service to the community by title only, titles as follows: RESOLUTION NO. 2061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COHMENDING KATHLEEN BRYAN FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING BRIAN CARDOZA FOR HIS OUTSTANDING CONTRIBUTIONS TO TIlE CITY OF CYPRESS. RESOLUTION NO. 2063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MARIE DIERINGER FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ROBERT GRANADINO FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2065 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING KENNETH HOPSON FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. -2- City Council Minutes February 26~ i979 227 RESOLUTION NO. 2066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING LORI IVES FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING LINDA RIOS FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS RESOLUTION NO 2068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING DARLYN SENECAL FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING KATHY SHOLES FoR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO, 2070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING LAURA SUSSELY-HOUSE FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS RESOLUTION NO 2071 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING STEVEN WINOLE FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ROBBY WOLF FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING TERRY YACKLEY FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS RESOLUTION NO. 2074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING MARK YBARRA FOR HIS OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. RESOLUTION NO. 2075 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ROBERTA YEE FOR HER OUTSTANDING CONTRIBUTIONS TO THE CITY OF CYPRESS. Item #9: Consideration of Weed and Rubbish Abatement Program Resolution Authorizing Postin~ of Properties and Declarin~ City's Intention to Abate. Recommendation: That the City Council adopt the following Resolu- tion by title only, title as follows, declaring that the listed properties constitute a public nuisance; declaring the City's in- tention to abate; directing the Street Superintendent to post notices; -3- City Council Minutes February 26, 1979 and 5bk-t2ng the time and place for the public hearing of objections to the proposed abatement: RESOLUTION NO. 2076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBIStt, REF[JSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY OF CYPRESS CONSTITUTE A PUBLIC NUISANCE, DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF, AND SETTING A PUBLIC HEARING THEREON. Item #10: Consideration of Energy Analysis for City Hall. Recommendation: of the City Hall $1,300.00. That the City Council authorize the energy analysis as outlined in the staff renort at a cost of Item #11: Consideration of Status Report on Abatement of Public Nuisance at 4552 Lincoln Avenue. Recommendation: That the City Council find that the property at 4S52 Lincoln Avenue is not presently maintained in such a way as to constitute a public nuisance. Item #12: Consideration of a Letter Approving the Orange County Housing Authority's Application for Additional Section 8 Existing Housing Units. Recommendation: That the City Council authorize the Hayor to sign the letter approving the Orange County Housing Authority's applica- tion for 38i additional housing units. Item #13: Consideration of Authorization to Apply for a Certifi- cate of Consent to Self-Insure Workers' Compensation. Recommendation: That the City Council adopt the resolution auth- or[zing application for a Certificate of Consent to Self-Insnre for Workers' Compensation and participation with the Orange County Cities Risk Management Authority in the development of a joint Workers' Compensation Self-Insurance Program, by title only, title as Follows: RESOLUTION NO. 2077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING APPLICATION FOR A CERTIFICATE OF CONSENT 'FO SELF-INSURE WORKERS' COMPENSATION. Item #14: Consideration of Legislative Bulletins No. 5 and 7 from the League of California Cities. Recommendation: That the City Council direct staff to prepare appropriate responses for the Mayor's signature to the appropriate State Legislators expressing the City's support of the League's positions on AB 263 (Hart) and Bills pronosing tax and expenditure limitations. PUBLIC ttEARING RE: CONDITIONAL HSE PERMIT NO. 79-5 (9543 VALLEY VIEW STREET): Mayor Hudson 0~ened the public hearing and asked for the staff report. The Planning Director presented a report dated February 20 des- cribing the application to allow the on-site sale of alcoholic beverages (beer and wine only) at the Ken Wa Chinese Restaurant to be located at 9543 Valley View Street in the CG-10,O00 Commer- cial General Zone. He reported no written or oral communications were received regarding the application, and staff recommended approval of the use permit with two conditions. City Council Hinutes February 26, 1979 Mayor Hudson asked if the applicant wished to speak. Mr. Yee, representing the applicant, reported they plan to open the restaurant by May 1. Mayor Hudson asked if anyone wished to speak in support or in oppo- sition to the application. 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 adopt the following Resolu- tion by title only~ title as follows, approving Conditional Use Permit #79-5 subject to the conditions listed in Resolution #2078: RESOLUTION NO. 2078 A RESOLUTION OF THE CITY COUNCIL OF CYPRESS APPROVING CONDITIONAL NO. 79-5 WITH CONDITIONS. OF THE CITY USE PERMIT The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 79-6 AND TENTATIVE TRACT NO. 10678 (6382 ORANGE AVENUE): Mayor Hudson opened the public hearing and asked for the staff report. The City Manager presented a report from the Planning Director dated February 22 which requested that the public hearing be continued to the March 12 meeting because of necessary modifications to the applications. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to continue the public hearing regarding Conditional Use Permit #79-6 and Tentative Tract #10678 to the March 12 meeting. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan CONSIDERATION OF MORTGAGE REVENUE BONDS - AFFORDABLE HOHEOWNERSHIP AND REHABILITATION PROGRAM: The City Manager presented a report From the Administrative Coordinating Team dated February 22 which described the proposed use of mortgage revenue bonds for an Affordable Homeownership and Rehabilitation Program for the City. The staff recommended that the Council approve the program in concept, auth- orize staff to request proposals from financial consultants to assist in the program, and schedule a date to conduct interviews of the consultants. The City Manager stated the mortgage revenue bonds would not be an obligation of the City's taxpayers since the bond proceeds would cover the costs of the proposed program. He stated the issues of concern to the Council would be addressed in the proposals submitted by the consultants. Mayor Hudson recom- mended that the proposals which are submitted be reviewed either by the Chamber of Commerce or Buena Park Realtors Association to obtain their input on the provosed program and determine its impact on the community. It was moved by Mayor Hudson and seconded by Councilwoman MacLain to authorize the staff to request proposals from financial consul- tants and schedule March 19 as the date to interview the consul- tants. -5- City~cil Minutes February 26, 1979 The Council held general discussion regarding the Affordable Home- ownership and Rehabilitation Program. Councilman Lacayo stated he did not support the motion without first having a public hearing to advise the community of the Council's intentions with the program and to allow for residents' input. In response to his question, the staff advised that the motion involves no expenditure of funds. Mayor Hudson stated he favored holding a public hearing after the Council obtains all the data. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated he objected to government interference in free enterprise and to an increase in the size of government. He suggested that the City not become involved in the program. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Evans, MacLain, NO£S: 1COUNCILMEMBERS: Lacayo ABSENT: 0 COUNCILMEMBERS: None Rowan & Hudson CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Warrant List for Warrants #51408 through #51524 in the total amount of $486,601.97. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Rowan CONTINUATION OF CONSIDERATION OF NAHE CHANGE OF CYPRESS RECREATION AND PARKS COMMISSION: The City Manager presented a report from the Recreation and Park Director dated February 21 indicating that the Recreation Commission reconsidered the name change at its February 13 meeting. The Commission recommended that the name be changed to "Recreation and Community Services Commission". It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to approve the Recreation and Park Commission's name change to Recreation and Community Services Commission. The motion unani.- mously carried by the following roll call vote: AYES: S COUNCILMEMBERS: Evans, Lacayo, MacLain, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILHEMBERS: None Rowan CONSIDERATION OF A RESOLUTION OF THE CYPRESS RECREATION AND PARKS COMMISSION: The City Manager presented a report from the Recreation and Park Director dated February 21 which indicated the Commission at their meeting of February 13 adopted a resolution requesting their participation in the reorganization study of the Park District. Mr. Ed Clark, 9712 Walker Street, Cypress, addressed questions to the Council regarding the reorganization of the District. As chairman of Citizens to Save Cypress Recreation and Parks, he reported the group's purpose was dedicated to maintaining the wide variety of Recreation programs for ali age and interest groups and the same servicelevels which the District has provided in the past. Mr. Clark submitted a list of questions and requested a reply from the Council. He requested that the Council permit the participation of the Recreation Commission in the reorganization process and he asked the Council to consider all possibilities to reduce costs, such as an open bidding procedure. He stated their group is suppor- tive of sports league activities. Mayor Hudson responded to Mr. Clark's questions, several of which inquired about the purpose, extent, cost effectiveness and time frame of the reorganization. -6- City Council Minutes February 26, 231 Mayor Hudson requested a list of the Committee's membership so that they may be advised of the Council's meetings relative to reorgani- zation. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to support the resolution of the Recreation and Park Com- mission. The motion unanimously carried by the following roll call vote~ AYES: 5 COUNCILMEMBERS: Evans, Lacayo, & Hudson NOES: 0 COUNCILHEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 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 #8926 and #8933 through #8974 in the total amount of $39,745.70. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans; Lacayo, & Hudson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None MacLain, Rowan ORAL COMMUNICATIONS: There were no oral communications presented at this time. Mayor lludson informed the Council of a meeting of the Cypress College Board on February 27 at which they would consider possible elimina- tion of the college football program. He reported he received calls from the Pony Colt and Pop Warner Leagues regarding this matter which is of concern to many citizens. ADJOURNMENT: It was moved by Mayor Hudson, seconded by Councilman Lacayo and unanimously carried to adjourn the meeting at 8:30 p.mo to Wednesday, February 28 at 7:30 p.m. at the Cypress School District offices, 9470 Moody Street, Cypress. ATTEST: CITY OF CYPRESS CITY CLERK OF THE 61 CYPRESS -7-