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Minutes 79-05-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 14, 1979 287 The regular meeting of the Cypress City Council was called to order at 6:37 p.m. on Monday, May 14, 1979 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Howard Rowan presiding. PRESENT: ABSENT: Councilmembers Evans, Hudson, MacLain and Rowan Councilman Lacayo Also present were Darrell Essex, City Manager/City Clerk, Tom Clark, Deputy City Attorney, and the following members of the City staff: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: Mr. Essex led the pledge to the flag. COUNCILMAN LACAYO ARRIVED AT 6:39 P.M. ORAL COF~NICATIONS: Mayor Rowan asked if anyone wished to speak in regard to any matter not on the agenda. No one wished to speak. PRESENTATIONS: Mrs. Florence Sheets of VFW #9847 Auxiliary presented the Council and staff with buddy poppies in recognition of "Buddy Poppy Days". Mayor Rowan announced that Planning Director Brian Hawley was departing the City for a position in Arizona and the Mayor presented him with a community service plaque in honor of his six years of service with the City. MINUTES: It was moved by Councilman Hudson, seconded by Councilwoman MacLain and unanimously carried to approve the minutes of April 23 as corrected, and the minutes of April 27 and 30. Mayor Rowan reported that he had requested an urgency ordinance to be prepared in response to a problem regarding unfair rent charges by an apartment group for persons living together. He reported the problem was corrected and that he would keep the information on file. Hearing no objections, Mayor Rowan added the following matters to the agenda: Item #35 regarding the Board of Supervisors meeting of May 15, and Item #36 regarding the State long-term financing plans. CONSIDERATION OF AWARD OF CONTRACT ON VALLEY VIEW STREET FROM KATELLA AVENUE TO STANTON CHANNEL~ PROJECT #7842-10-0974: The City Manager presented a report from the Public Works Director dated May 10 which outlined the four bids received. it was moved by Councilwoman MacLain and seconded by Councilman Hudson to (1) authorize a budget transfer from the Gas Tax (2106) Fund and appropriate $13,529.00 from tile fund balance of the Gas Tax (2106) Fund to Account #10-4186-530.21 and (2) determine that the lowest responsible bidder for Project #7842-10-0974 is Griffith Company, P. O. Box B-T, Irvine, California, and award them the contract for the Valley View Street, Katella Avenue to Stanton Channel project in the amount of $116,244.70. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF AWARD OF CONSTRUCTION SURVEY CONTRACT~ VALLEY VIEW STREET FROM KATELLA AVENUE TO STANTON CHANNEL~ PROJECT #7842-10-0974: The City Manager pre- sented a report from the Public Works Director dated May 10 which outlined the three bids received. City Co~m~'Minutes May 14, 1979 It was moved by Councilman Hudson and seconded by Councilwoman Evans to (1) auth- orize a budget transfer from the Gas Tax (2106) Fund and appropriate $975.00 from the fund balance of the Gas Tax (2106) Fung to Account #10-4189-530.21 and (2) determine that the lowest responsible bidder for Project #7852-10-0974 is Duca and McCoy, 336 Poinsettia Avenue, Corona del Mar, California, and award them the contract for construction survey of Valley V~ew Street per their proposal in the amount of $2,975.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF AWARD OF CONTRACT FOR SLURRY SEAL COATING ON CITY STREETS~ CITY OF CYPRESS PROJECT NO. 7951-90: The City Manager presented a report from the Public Works Director dated May 8 which outlined the three bids received. It was moved by Councilwoman MacLain and seconded by Councilman Hudson to deter- mine that the lowest responsible bidder for Project #7951-90 is Ted R. Jenkins, 5400 The Toledo #508, Long Beach, California, and award them the contract for slurry seal coating in the amount of $9,806.15. The motion unanimously carried by the fo]lowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILM~IBERS: Evans, Hudson, Lacayo, MacLain & Rowan No ne None CONSIDERATION OF AWARD OF CONTRACT FOR STREET MAINTENANCE SERVICES~ PROJECT # 8000-90: The City Manager presented a report from the Public Works Director dated May 10 which identified streets where heater remix and asphalt pavement overlay was proposed. It was moved by Councilwoman MacLain and seconded by Councilman Hudson to approve award of contract for Heater Remix and Cold Grinding to the G.J. Payne Company, 400 W. Victoria Street, Carson, California, at the unit prices stated in the staff report in tbe total amount of $48,664.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSENT CALENDAR: Mayor 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 recommendations listed on the agenda. It was moved by Councilwoman MacLain and seconded by Councilwoman Evans to approve Items #6 through #23 on the Consent Calendar. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None Item #6: Motion to Introduce and/or Adopt Ail Ordinances Presented for Consid- eration by Title Only and to Waive Further Reading. Item #7: Consideration of a Request to Proc]aim the Week of May 20-26, 1979 as Traffic Safety Awareness Week. Recommendation: That the Mayor and City Council officially proclaim the week of May 20-26~ 1979 as "Traffic Safety Awareness Week" in the City of Cypress as requested by the State Department of Motor Vehicles. Item #8: Consideration of a Request to Proclaim May 28-June 3, 1979 as Vietnam Veterans Week. Recommendation: That the Mayor and City Council officially proclaim May 28- June 3, 1979 as "Vietnam Veterans Week" in the City of Cypress. -2- 28,9 item #9: Consideration of Adopting a Resolution Commending Robyn Lamson on Achieving the Highest Award in the Camp Fire Program. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING ROBYN LAMSON ON ACHIEVING THE HIGHEST AWARD IN THE CAMP FIRE PROGRAM. item #10: Consideration of an Application for an Alcoholic Beverage License, Type "47" On Sale General, Filed by Barry Hermanson and Fred Scalzo, 6197 Ball Road, Cypress. Recommendation: That the City Council receive and file t~is application with the condition that a Conditional Use Permit be obtained pursuant to the provi- sions of the City's Zoning Ordinance. Item #11: Consideration of Renewal of Towing Service Contract. Rocommendatiop: That the City Council approve the renewal of the contract for auto tcwing service with Cypress Auto Tow for a period of one year, ending Jum: 30, 1980, with tile same conditions and rates existing in the current contract. It2m #12: Consideration of Agreements for the Rape Preve~tion/Awareness Program. Recommendation: That the City Council approve the two agreements for the Tri- cities Rape Prevention/)w~reness Program and authoriz~ the Mayor to sign and the City Clerk to attest these ~greements. item #13: Consileration 0{ Status of the Mortgage Revenue Bonds. Recommendation: Receive ~ad Item #14: Consideration of Resolution from the City of Anaheim Supporting AB 1163. Recommendation: Receive and Item #15: Consideration ~ Reso~tion from the City of Anaheim Re: Long-term Financing Solution for Cities. Recommendati>n: Receive and file, Item #16: Consideration cf Leg~siative Bulletins 15 and 18 from the League of Califr~rnia Citias Dated April 13 and May 4, 1979. Recommendation: That the City C¢~uncil direct the staff to prepare responses for the Mayor's signature to the apFrc, priate officials expressing the City's opposi- tion to SB 675, SB 516, A~ 1519, SB 888, AB 1343 and SB 489, and the City's support of AB 1691, AB 785 and AB 83, as outlined in the staff report. Item #17: Consideration cf Establishing a Public Hearing for Acquisition of Right-of-Way on Palley View Strew:t, S/o Cerritos Avenue, Project #7850-10, #7836-90. Recommendation: That the City Council: (1) authorize a public hearing on the meeting of June 11, 1979 to consider the acquisition of a parcel right-of-way on Valley View, south of Cerrito? Avenue and (2) authorize the City Clerk to send notices of intention to adopt a Resolution of necessity to the affected property owners. Item #18: Consideration cf Acceptance of W~ed Abatement of Seasonal and Re- curring Weeds and Assessment for Weed and Rubbish Abatement for Phase II for the 1978-79 Program. --3-- May 14, 19/9 Recommendation: That the City Council: (1) accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work and (2) adopt the following Resolution by title only, title as follows, confirming the weed abatement assessments and imposing special assess- ments as a lien on the parcels shown on Exhibit "A" of the Resolution: RESOLUTION NO. 2098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item #19: Consideration of Tracts #10049 and #10177, Request for Extension of Time (Katella Avenue, north side, west of Knott Street and east of Valley View). Recommendation: That the City Council approve a one year extension of time roi' the subdivision agreement for the construction of improvements within Tracts #10049 and #10177 and that an amendment be added to the Subdivision Improvenmnt Agreement incorporating the extension and the condition that all legal and attorney fees for preparation of the amendment for said extension be paid by the developer. Item #20: Consideration of Detachment No. 79-2 from the Cypress County Water District (N/W and S/W corners of Lincoln and Moody). Recommendation: That the City Council adopt the following Resolution by title only, title as follows, approving the proposed detachment and authorizing the filing of an application for approval of same by the Local Agency Formation Commission: RESOLUTION NO. 2099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS MAKING APPLICATION TO THE LOCAL AGENCY FORMATION COM- MISSION OF ORANGE COUNTY FOR THE INITIATION OF PRO- CEEDINGS FOR THE DETACHMENT OF CERTAIN TERRITORY FROM THE CYPRESS COUNTY WATER DISTRICT. Item #21: Consideration of Potential Public Nuisance Located at 9432 Alderbury. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 2100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS FINDING THAT CERTAIN PREMISES WITHIN THE CITY OF CYPRESS MAY BE MAINTAINED IN SUCH A WAY AS TO CONSTITUTE A NUISANCE AND DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHEelER THE SAME CONSTITUTES A PUBLIC NUISANCE, THE ABATEMENT OF WHICH IS APPROPRIATE UNDER THE PROVISIONS OF ARTICLE III OF CHAPTER 13 OF THE CODE OF THE CITY OF CYPRESS. Item #22: Consideration of Tentative Parcel Map No. 79-1124 (5601 and 5611 Nelson Street). Recommendation: That the City Council adopt the following Resolution by title only, title as follows, approving Tentative Parcel Map #79-1124, subject to the following conditions: (1) All provisions of the City's Subdivision Ordinance shall be satisfied, and (2) All conditions of approval of Conditional Use Permit #78-12 shall be applicable to this Parcel Map where appropriate: RESOLUTION NO. 2101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING TENTATIVE PARCEL MAP NO. 79-1124 - WITH CONDITIONS. -4- £_t_e__m _#_23: Consideration of a Request from the American Public Works Association to Proclaim the Week of May 20-26, 1979 as National Public Works Week. Recommendation: That the Mayor and City Council officially proclaim the week of May 20-26, 1979 as "National Public Works Week" in the City of Cypress. PUBLIC HEARING RE: ZONE CHANGE NO. 79-2 (SOUTHERLY OF LINCOLN AVENUE BETWEEN GRINDb%Y STREET AND WALKER STREET): Mayor Rowan opened the public hearing and asked for the staff report. The Planning Director presented a report dated May 10 which indicated the zone change application was initiated following the Council's approval of General Plan A~,endment #79-1 which established precise land use designations for this unincor- porated County island. The staff recommended the CG-10,000 Commercial General Zone for the parcels fronting on the west side of Walker Street with direct access from this arterial; and the RM-20/A Residential Multiple-Family Zone for the remalnder of the property. Mr. Hawley stated the proposed zoning is consistent with existing County zoning in the area and he reported no written or oral ~omm~nic~tions were received on the zone change proposal. Mayo~ Rowan asked if anyone wished to speak in favor of the zone change. Mr..Ioel Rehagen, 5303 Vista del Sol, Cypress, stated he was in favor of the proposed zone change on the condition that the Zoning Ordinance requirements for mSnimum setbacks be maintained and that no variances be granted. He indicated that in the multiple-family zone, a 50 foot setback is required for a one-story dwelling and a 100 foot setback for a two-story dwelling. Mayor Rowan asked if anyone wished to speak in opposition to the zone change. No ene wished to speak in opposition. The Flanning Director explained the setback requirements for multiple-family units whict~ abut single-family zones. The Council advised Mr. Rehagen that they could not guarantee the lack of variances since an applicant may apply for and be granted approval o£ a variance. It was moved by Councilwoman MacLain and seconded by Councilman Hudson to close the p~biic hearing, order the following Ordinance read by title only, title as foilows, z~nd 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 OF THE CiTY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN THE CG-iO,000 COMMERCIAL GENERAL ZONE AND THE RM-20/A RESIDENTIAL MULTIPLE FAMILY ZONE AND KNOWN AS ZONE CHANGE NO. 79-2. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan NOES: 0 COUNCILMEMBERS: None :~B!~EN'I': 0 COUNCILMEMBERS: None PUBLIC ItEARING RE: CONDITIONAL USE PERMIT NO. 79-8 (10501 KNOTT STREET~ SW CORNER OF C~.:RRITOS AVENUE AND KNOTT STREET): Mayor Rowan opened the public hearing and aske~! fo~ ~he at,afl report. The Pla~ning Director presented a report dated May 7 which described the applica- tion to establish a fast food, drive-thru restaurant at 10501 Knott Street and the plot plan and elevations of the building. Staff recommended approval of the permit subject to 16 conditions. Councilman Hudson expressed concern over poten- tial traffic conflicts between cars parked in the three stalls east of the Cerritos driveway which would have to back out into drive-thru traffic. Mr. Hawley stated staff reviewed these spaces and they could be eliminated and replaced with land- scaping. -5- City (~ouncil Minutes May 14, Mayor Rowan asked if anyone wished to speak in support. Mr. Harry Boand, representing the applicant, Boman's Inc., 7340 Florence #113, Downey, reported they exceed the parking requirements and would not object to elimination of the three parking spaces in question. He felt a plan could be worked out with the staff. Mr. Boand expressed agreement with the conditions approval. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, inquired about the type of rest-. aurant proposed and suggested that the three parking spaces be reserved for employee parking. Mr. Boand reported the name of the restaurant will be Joey's and it will contain interior seating for 73. Mayor Rowan asked if anyone wished to speak in opposition. No one wished to ~peag. The Planning Director requested that Condition #14 be modified to provide that the removal of any landmark trees may be subject to approval of the Plannin~ Dim- ector. The Council agreed with the modification. It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to close the public hearing and adopt the following Resolution by title only, title a~ follows, approving Conditional Use Permit #79-8 subject to the cond~tion~ ommended by staff, with the modification of Condition #14, and that the parkimg and traffic circulation plans shall be subject to staff approval: RESOLUTION NO. 2102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 79-8 - WITH CONDITIONS. Councilwoman Evans stated she wished to encourage the preservation of landmark trees and felt the development plan could be adjusted for this purpose. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF SCREENING REQUIREMENTS FOR CYPRESS FINANCIAL CENTER, ORANGE AVENUE: The Planning Director presented a report dated May 8 which described the screening problem between the office building and single-familv residences due to the variations in the height of the rear-yard block wall. The Public Works Director presented slides showing the wall variations on ten residential properties, drainage facilities on the commercial property, the wall improvement at Mervyn's of a louvered redwood slat extension on the existing wall which was used to correct a similar problem. Mayor Rowan asked if anyone wished to speak on this matter. Mrs. Hammonds, 5417 Oxford, Cypress, reported on the privacy problem because of lack of a six-foot wall and on drainage and wall stain problems which resulted from the commercial construction. She felt most of the residents would tavor' a redwood wall extension with additional landscaping. Mr. Charles Lesley, 5407 Oxford, stated he objected to maintaining the shrubbery along the wall and felt the shrubbery that is planted should be maintenance-free. He reported on drainage problerms of water running under his wall and he expresst~d concern over the lack of security provided by the wall. He stated he favored a block wall with decorative redwood and th~ planting of maintenance-free landscaping. Councilman Lacayo expressed objection to the type o£ planting along the wall an~ felt it should be replaced with landscaping which will provide a good screen and avoid undermining of the retaining wall with roots. He stated he favored in- creasing the comm~rcial wall height to the same height as the single-family wall, adding the redwood extension and planting Cypress leylandi trees. The Planning Director felt the existing Ficus trees were acceptable since the Ficus is an idea] street tree, it does not cause root problems, requires minimal care and it can be trimmed into a hedge to provide dense screening. -6- .... ~ ~ounci± Minutes May 14, 1979 293 The staff described the drainage problem in the residential rear yards. The Public Works Director felt the residential wall would not support an extension but the existing retaining wall could support a six foot block wall on top. Mrs. Oarla Prouse, 5387 Oxford, reported she is the least affected homeowner. She expressed concern about having a very high wall if the wall is increased by the developer. The Council explained that the wall height would be six feet ~n the commercial side. Mrs. Prouse stated certain trees like Eucalyptus and Bottle- brush cause problems for her pool. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, reported that Italian Cypress trees also create problems for swimming ?o~ls. Mr. John Yznaga, representing Eastern P~cilic, reported that the developer planted additional trees based on th~ original request of a majority of the homeowners and the Ficus tree was selected for its positive characteristics. He stated the intent was to trim the trees to provide a solid hedge. He stated he obiected to building a wall with a redwo~d extension which would be a great additional cost. He felt maintenance of the trees overhanging the residential property should be the homeowner's responaibility. He indicated the retaining wall foundation was designed to accommodate, a six foot concrete wall, but the wall was not constructed because ~f the ~ti~c,s,~ions with the homeowners. Mr. A. Troncone, 5427 Oxford, inqu£r~d if the staff received a commanication from the developer reporting on the a~reements reached at his meeting with homeowners. He reported the developer bad agreed to post a bond regarding agreements reached at the meetiag. The Planning Director read into the rec~rd the letter from Eastern Pacific date~l M~y 2. Mr. Troncone stated he faw~red raising the developer's wall to th~' same height as the residents' wall i~cluding the wood extension. the use of pierced, decorative block for ~he wall. Mr. Yznaga indicated a block wall, without the wood extension, wou!d be ]ess costly because it could be c'~n- structed by his employees. He indic~r¢,d that there is a security problem ~'itb decorative block since it can be ~']imbed ~ore easily. l'~rs. Hammond stated she preferred a r~,dwood extension to decorative bl~ck. Mr. Lesley objected to the homeowners having to maintain the existing shrubber? whi~q~ is planted close to their wall and overhangs their yards. Mr. Troncone felt ii the commercial property is sold, a new ~ne~ may not maintain the landscaping. He felt most of the property owners won!d lavor £ncreasing the commercial wall the same height as the residents' wall and adding the louvered wood extension. Mr. Ed Tomnay, 5335 Oxford, report~,d the ~a~dscaping is overgrown on th( first phase of the office development and d~es not provide adequate screening. He felt the developer should be responsible for solving the problem. Following further discussion, it was ,~oved by Councilman Lacayo and seconded by Councilwoman MacLain to direct the dev~,]opc~r, in accordance with the conditions of the conditional use permit, to extend th~~ height of the existing retaining wall to the same height as the adjacent single-family wall, build a graduated redwood slat extension on the wal~, and plant Cypress Leylandi trees, with the number to be determined by staff, as screeching. The motion carried by the following roll call vote: AYES: 4 COUNCILME~BERS: NOES: 1 COUNCILMEMBERS: Evan~ ABS!NT: 0 COUNCILMEMBERS: None I,acayo, MacLain & Rowan Councilwoman Evans stated she objected to the motion since she felt it was tm- fair to require removal of the existisg trees and their replacement considering the costs to the developer. Councilman Hudson asked if the developer had paid all required fees and if the City could relieve any of these costs. The staff reported that all fees had been paid. The Public Works Director requested that the developer be required to submit plans of the wall construction. -7- City Council Minutes May 14, 19/9 It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to direct the developer to submit plans of the wall construction for review and approval by the staff. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Itudson, Lacayo, M~cLain & Rowan None None RECESS: Mayor Rowan called a recess at 9:11 p.m. The meeting was called back to order at 9:21 p.m. with all Councilmembers present. Mrs. Mary Van den Raadt, 8644 Acacia Drive, Cypress, presented the Council with a check on behalf of the Cypress Bicentennial Committee for the Vietnam Veterans Memorial. She reported the Committee also donated $750 to the Rotary Club for the City entrance sign project. CONSIDERATION OF TENTATIVE PARCEL ~kP NO. 79-1122 (5171 LINCOLN AVENUE): The Planning Director presented a report dated May 7 which described the tentative parcel map which proposes the division of a .77 acre parcel into two 16,830 square foot parcels of land. Parcel #1 is occupied by Tiffany Glass and Parcel #2 is occupied by a multi-tenant commercial center. Mr. Hawley stated the appli- cant agrees with the seven recon~ended conditions of approval and was unable to attend tonight's meeting. Councilman Hudson expressed concern about the improvements being maintained on the reciprocal easements for access and drainage. He felt a problem could if one of the property owners does not maintain his portion of the easement. The staff reported that reciprocal easements are recorded on the final parcel map and they are binding on both property owners. ~e Council requested the City Attorney to research if there was any basis for denial of the map according to the Subdivision Map Act. Mr. Clark read seven criteria of the Act which were necessary findings for approval of parcel maps. it was moved by Councilwoman MacLain, seconded by Councilman Lacayo and unani- mously carried to continue consideration of Tentative Parcel Map #79-1122 to the May 29 meeting and that staff request the applicant to be present. CONSIDERATION OF AMENDMENT TO BUSINESS LICENSE TAX ORDINANCE: The City Manager presented a report dated May 9 from the Finance Officer which transmitted an ordinance which amends the Tax Rate section of the Business License Tax Ordinance. The report described the changes in the amendment which were agreed to by the Chamber representatives. Mr. Robert Simmons, 9882 Newport Way, Cypress, complimented the City Council a~d staff for their cooperation in developing the ordinance. It was moved by Councilman Hudson and seconded by Councilwoman MacLain to 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 SECTION 15-30 OF THE CYPRESS CITY CODE RELATING TO THE BUSINESS TAX RATE SCHEDULE. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF EXPIRATION OF RECREATION AND COMMUNITY SERVICES COMMISSIONERS' TERMS: The City Manager presented a report dated May 10 which indicated that three Recreation Commissioners' terms will expire in May~ June and August, and that one Commissioner was not eligible for reappointment because of the term limitation. -8- ~ity Council Minutes May 14, 1979 Councilwoman Evans requested that the persons on the list of those who were previously interviewed be contacted as to whether they are interested in serving on the Commission. It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried to direct staff to contact the previously interviewed applicants to deter- mine if they are interested in applying for the vacancies and to advertise for other applicants for the Recreation Commission. CONSIDERATION OF COMPLAINTS RE: ASH TREES (BARBARA ANNE STREET): The Public Works Director presented a report dated May 8 which described the problem caused by Agh tree roots damaging curb, gutter and sidewalks, the City's tree removal program and tree removal costs. The staff recommended a tree removal program for the worst cases where a maximum of one tree crew day per month could be allocated without seriously affecting other programs. It was moved by Councilman Hudson and seconded by Councilwoman Evans to authorize the allocation of one tree crew day per month to remove and replace trees as reqaired which are damaging concrete curbs, gutters and sidewalks. Councilman Hudson suggested that staff investigate the purchase of the trees which are removed from the Eastern Pacific property for replacement on Barbara Anne and elsewhere in the City. Councilman Lacayo felt there were severe problems on Barbara Anne which were a high priority and that the program should be res- tricted to this street. Councilwoman Evans felt the tree problem should be addressed on a City-wide basis and not restricted to one street. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, felt the City should reduce the overhead costs of the tree removal program by reducing the crew size. CONSIDERATION OF METHOD TO ASSESS STREET LIGHTING COSTS ON A BENEFIT BASIS: The Public Works Director presented a report dated May 9 describing the procedural steps, estimated manhours, costs and schedule necessary for preparation of a Lighting District assessment based on benefit. He stated that the July 23 meeting would be the deadline if the Council w~shes to approve the assessment for the next fiscal year. Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, felt lighting costs could be saved by eliminating the Lighting District in accordance with Proposition 13 which urges the consolidation or elimination of special districts. He asked why a special district was needed since the entire City requires lighting. He felt the lighting assessment represented an increase in taxes and that the Council should operate within the Proposition 13 budget. ~e Council suggested that he obtain information from the staff on the nature of the Lighting District activities and funding. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, stated the reductions resulting from Proposition 13 should be in program overhead costs. He felt the most unfair aspect of Proposition 13 was the doubling of taxes when property is sold. Mr. Earl Beck, 6127 James Alan, Cypress, addressed questions to the Council re- gardlng the organization, funding and costs to maintain the lighting district and the possibility of receiving State assistance. He also inquired about the status of the sales tax from the Tank Farm and whether these funds were budgeted. The Council and staff responded to his questions. Mr. Jerry Mullen stated turning off the street lights would not be a viable solution. He asked if including the Lighting District in the City budget would have affected the City's receipt of State bail-out funds last year. The Council indicated that there would have been a reduction in the funds the City received. -9- It was moved by Councilman Hudson and seconded by Councilwoman Evans to receive and file the report regarding the street lighting assessment by benefit. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Hudson and seconded by Councilwoman Evans to approve the Warrant List for Warrants #51278 through #51280 and #52000 through #52091 in the total amount of $698,637.36. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None SECOND READING OF ORDINANCE RE: PREANNEXATION ZONE CHANGE #79-1: It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance: ORDINANCE NO. 642 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 559, THE ZONING ORDINANCE OF THE CITY OF CYPRESS, BY PLACING CERTAIN PARCELS OF LAND IN THE CH-10,000 AND RM-20/A ZONES, AND KNOWN AS PREANNEX- ATION ZONE CHANGE NO. 79-1. The motion unanimously carried by the following roll call vote: AYES: NO E S: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILM~MBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMERCIAL WARRANT LIST: Acting as the ex officio governing board of directors of the Cypress Recreation and Park District, it was moved by Councilwoman MacLain and seconded by Councilman Lacayo to approve the District Warrant List for Warrants #9186 through #9211 in the total amount of $40,529.47. The motion unanimously carried by the fo]lowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Evans, Hudson, Lacayo, MacLain & Rowan None None With regard to Item #35 concerning the Board of Supervisors meeting of May 15 at which the Los Alamitos air station is on the agenda, Councilman Hudson brought up several points to be transmitted to the Board along with the City's objection to joint use, such as the inability to limit general aviation to "light" aircraft and the dangers of transferring military weapons from the air station. He recommended that the City be represented at the Board meeting on this item. Councilwoman MacLain stated she planned to attend and the staff reported that the City Manager and Planning Director would also attend the meeting. With regard to Item #36 concerning the State!s long-term financing plans, Council- man Hudson stated the State does not realize the implications of the long-term financing plans being considered which do not address the needs of cSties to raise revenues to finance services required for existing development and for new devel- opment coming in, particularly industrial development. He requested that staff send letters to the appropriate State Legislators addressing this issue. Councilwoman MacLain requested information on A.B. 83 which relates to the McCarthy proposal. ORAL COMMUNICATIONS: Mr. Richard Morris, 5396 Lincoln, Cypress, complimented Mr. Hawley on his dedication and assistance to community organizations and wished him luck in his new position. -10- 297 It was moved by Councilman Lacayo and seconded by Councilwoman MacLain to place the following Resolution on the agenda and to adopt the Resolution by title only, ti tie as follows: RESOLUTION NO. 2103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS HONORING BRIAN N. HAWLEY. motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILME~BERS: Evans, Hudson, Lacayo, MacLain & Rowan None None EXECUTIVE SESSION: Mayor Rowan called an Executive Session at 11:05 p.m. to discuss matters of personnel. The meeting was called back to order at 11:21 p.m. with ~11 Councilmembers present. ADJOURNMENT: Mayor Rowan adjourned the meeting at 11:22 p.m. to Wednesday, May 23, 1979 at 7:30 p.m. in the Administrative Conference Room. ATTEST: CITY CLERK OF THE CiTY OF CYPRESS -11-