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Minutes 75-03-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 24, 1975 The regular meeting of the Cypress City Council was called to order at 4:15 p.m. on Monday, March 24, 1975 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Otto Lacayo presiding. PRESENT: ABSENT: Councilmen Frankiewich, Harvey and Lacayo Councilmen Kanel and Sonju Also present were City Manager/City Clerk Darrell Essex, City Attorney John Murphy, and the following members of the City Staff: Bryant, Charkow, Dunlap, Hawley, Osborn and Schatzeder. COUNCILMAN KANEL ARRIVED AT 4:16 P.M. STAFF REPORTS & DISCUSSIONS: The City Manager reported that members of the League of Women Voters had compiled a pamphlet containing information on local government as one of the requirements for the chartering of a local chapter and he asked if the Council wished to participate by printing a larger number for circulation throughout the City. The staff indicated they would prepare a report on printing costs for the next meeting. Councilman Harvey reported on a State League hearing held March 18 on AB 330 and ACA 21 relating to partisan city elections and the Mayor placed this matter on the agenda. COUNCILWOMAN SONJU ARRIVED AT 4:25 P.M. It was moved by Councilman Harvey, seconded by Councilwoman Frankiewich and unanimously carried that the City Council go on record in opposition to AB 330 and Assembly Constitu- tional Amendment 21 which would make city offices partisan and in strong opposition to the use of partisan labels on ballots. EXECUTIVE SESSION: Mayor Lacayo called for an Executive Session at 4:27 p.m. for matters of personnel. The meeting was called back to order at 5:05 p.m. with all Councilmen present. Mayor Lacayo announced the Council would take Item #25, City Council Reorganization, out of order at this time. Mayor Lacayo submitted his resignation as Mayor and Council- woman Sonju submitted her resignation as Mayor Pro Tem. It was moved by Councilman Kanel, Harvey and unanimously carried to of the Mayor and Mayor Pro Tem. seconded by Councilman accept the resignations The City Clerk took over the chair and announced that nominations were open for Mayor. Councilman Harvey nominated Councilman Kanel. Councilwoman Sonju nominated Councilwoman Frankiewich. It was moved by Councilman Lacayo, seconded by Councilman Kanel and unanimously carried to close nominations for Mayor. City Council Minutes March 24, 1975 The motion to elect Councilman Kanel failed to carry by the following roll call vote: ~ AYES: NOES: ABSENT: ABSTAINING: 2 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: I COUNCILMEN: Harvey and Kanel Frankiewich and Lacayo None Sonju The motion to elect Councilwoman Frankiewich carried by the following roll call vote: AYES: 3 COUNCILMEN: Frankiewich, Lacayo NOES: 2 COUNCIL~N: Harvey and Kanel ABSENT: 0 COUNCILMEN: None The who Councilman Harvey nominated Councilman Kanel. Councilman Lacayo nominated Councilwoman Sonju. There were no further nominations and Mayor Frankiewich announced nominations were closedo motion to elect Councilman Kanel failed to carry by and Sonju City Clerk turned the meeting over to Mayor Frankiewich announced that nominations were open for Mayor Pro Tem. Harvey and Kanel Frankiewich and Lacayo None Sonju The the following roll call vote: 2 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: AYES: rqOES: ABSENT: ABSTAINING: The motion t~ elect Councilwoman Sonju carried by the ifotlowing roll call vote: Lacayo and Sonju AYES: 3 COUNCILMEN: Frankiewich, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Kanel Councilwoman Sonju was elected Mayor Pro Tem. With the consent of the Council, Mayor Frankiewich took Item #22, consideration of amendment to sub-lease agreement with Straight Talk, Inc., out of order and asked for the staff report. CONSIDERATION OF AMENDMENT TO SUB-LEASE AGREEMENT WITH STRAIGHT TALK~ INC.: The City Manager presented a report dated March 20, 1975 indicating that the Cypress Elementary School District had approved the use of additional School District property at 5732 Camp Street by the Straight Talk Clinic for their expanded services. He stated the County Counsel was drafting an amendment to the lease between the City and School District and an amendment to the sub-lease agreement with Straight Talk was necessary° It was moved by Councilwoman Sonju and seconded by Council- man Lacayo to direct the City Attorney to draft an amend- ment to the sub-lease agreement with Straight Talk, Inc. to allow the use of the westerly 90 feet of Cypress School District property located at 5732 Camp Street, Cypress. -2- City Council Minutes March 24, 1975 h of Directors he receives no compen- sation or income and the City Attorney had advised there is no conflict for him to vote. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None MayoF Frankiewich asked if any Council members wished to add items to the a~enda. Mayor Frankiewich asked that the staff prepare a report for the next meeting on aluminum wiring used in residential construction. ~layor Frankiewich reported that a new Paramedic Unit was scheduled to open within the next six months at the Garden Grove fire slation at Chapman and Valley View and that there was a request by a Garden Grove Councilman for the City o~ Cypress to consider a contract service between the two cities to serve residents living south of Orange- wood. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to direct the staff to investi~ato and pFepare a report on this matter for the next meeting. It was moved by Mayor Frankiewich, seconded by Council- woman Sonju and unanimously carried to place Item #lOa on the Consent Calendar regarding a waiver of the admission tax for a "Night at the Races" sponsored by the Cypress Bicentennial Committee. It was moved by Mayor Frankiewich, seconded by Council- woman Sonju and unanimously carried to place Item #26a i~n the a~enda regarding a Bicentennial Conference to be iaeld in Fresno, May 30 through June 1. MINUTES: It was moved by Councilman Lacayo and seconded by Council- woman Sonju to approve the minutes of February 19 and February 24, and March 10 as corrected, with Councilman Lacayo abstaining on the minutes of March 10. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Councilman Harvey requested that the Planning Director investigate the status of the Marquez Dairy at Orange and Denni and the Campus Village shopping center on Lincoln east of Valley View. CONTINUATION OF CONSIDERATION OF AWARD OF CONTRACT FOR 60 tIERMAN MILLER MODULAR SEATING (CM101~ 102~ 104) AND 54 CONItCTORS: The Recreation and Parks Director presented photographs of a second type of modular seating which the staff investigated for the Community Center and stated the -3- City Council Minutes March 24, 1975 cost was approximately $146 per seat as compared to the 401 $240 per seat cost for the seating recommended by the consultant. The new seating can accommodate about ten more persons. Councilwoman Sonju suggested that the purchase of used office furniture be investigated. Councilman Lacayo asked that the staff determine the amount of the new seating which would accommodate the same number of people proposed with the original seating which could result in a lesser number of seats required and lesser cost. The City Manager reported that after reviewing costs for various types of seating the cost for the modular seating was not found to be out of line. He felt that since there is only'one Community Center building, used furni- ture would be inappropriate. Councilman Kanel felt the Community Center would be in constant use and that durable furniture was required and not home or office type furniture with a shorter life expectancy. It was moved by Councilwoman Sonju and seconded by Mayor Frankiewich that the staff investigate all of the Council's suggestions and report back at the next meeting° A substitute motion was moved by Councilman Lacayo and seconded by Councilman Kanel to reject the previous bids and authorize the staff to advertise for bids for a similar type seating which can accommodate the same number of persons as the original proposal. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Sonju RECESS: Mayor Frankiewich recessed the meeting at 6:05 p.m. until 7:30 p.m. CALL TO ORDER: Mayor Frankiewich called the meeting of the Cypress City Council back to order at 7:35 p.m. in the Cypress City Council Chambers with the following Councilmen present: PRESENT: ABSENT: Councilmen Harvey, and Frankiewich None Kanel, Lacayo, Sonju Also present were Darrell Essex, City Manager/City Clerk, John Murphy, City Attorney, and the following City Staff members: Bryant, Charkow, Duke, Dunlap, Hawley, Osborn and Schatzeder. PLEDGE OF ALLEGIANCE: to the flag. Councilman Lacayo led the pledge The City Manager reviewed the Council's actions during the afternoon session. ORAL COMMUNICATIONS: the distribution of 1500 fliers in the south portion of the City regarding the upcoming May 27 election on college districts. CONSIDERATION OF AWARD OF CONTRACT FOR MISCELLANEOUS STEEL SHELVING & STORAGE BINS TO BE INSTALLED IN THE CENTRAL STORES WAREHOUSE: The City Manager presented a report dated March 20 from the Finance Director and outlined the four bids received for the furnishings in the Corporation Yard Building. It was moved by Councilman Lacayo and seconded by Council- man Kanel to accept the bid of General Wholesale Products Company as the lowest responsible bidder and award them the contract for steel shelving and storage bins in tile amount of $4,043.58 plus 6% sales tax° The motion was m~animously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSENT CALENDAR: Mayor Frankiewich announced that the items listed on the Consent Calendar were to be considered by the Council as routine and enacted by one motion approving the recommendation regarding each item. No Councilman wished to remove any items, and it was moved by Councilman Lacayo and seconded by Councilman Kanel to approve Items #3 through 10a on the Consent Calendar. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Item No. 3: Consideration of Authorizing Attendance of Two Arts & Cultural Commissioners to the Community Arts Agencies Seminar. Recemmendation: That the City Council adopt the recommen- dation of the Arts and Cultural Commission and authorize the attendance of two Commissioners at the Community Arts Agencies Seminar and that all necessary and actual expenses be reimbursed. Item No. 4: Consideration of a Request to Proclaim the Week of August 1-7, 1975 as "Clowns Week" in the City of Cypress. Recommendation: That the City Council proclaim the week of August 1 - 7, 1975 as "Clowns Week". Item No. 5: Consideration of a Request to Proclaim the Week of May 11-17, 1975 as "National Transportation Week" in the City of Cypress. Recommendation: : That the City Council proclaim the week of May ll - 17, 1975 as "National Transportation Week" in the City of Cypress° -5- City Council Minutes March 24, 1975 4524 Shasta Court, Cypress. ~ Recommendation: That the City Council request the City Clerk to return the claim form to Mr. Richard Frobisher, 4524 Shasta Court, Cypress, due to the fact that the form is incomplete and unnotarized. Item No. 7: Consideration of an Application for an Alco- holic Beverage License for Off Sale General Sales at Tan~iewood Liquors, 4829 Ball Road, Cypress. liecommendation: Receive and file. Item No. 8: Consideration of Continuation of Tentative Tract #8888. Recommendation: That the City Council continue considera- tion of Tentative Tract Map #8888 to the City Council meekring of April 14, 1975. item No. 9: Consideration of Endorsing the Candidacy of Arts Commissioner 5oyce Ginns Lo the State Advisory Board ~n the Arts. Recommendation: That the City Council adopt the following ~esolution by title only, title as follows: RESOLUTION NO. 1579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE CANDIDACY OF MS. JOYCE GINNS TO GOVERNOR BROWN'S STATE-WIDE ARTS ADVISORY BOARD. Item No. 10: Consideration of Waiver of Admission Tax %r the Los Alamitos Men's Golf Club. Recommendation: That the City Council waive the admission tax reqnirement of the Los Alamitos Men's C~lf Club for Saturday, April 26, 1975, conditioned upon the submission of the statement of non-profit status. Item No. 10a: Consideration of Waiver of Admission Tax [or Cypress Bicentennial Committee's Night at the Races. Recommendation: That the City Council waive the admission tax for the Cypress Bicentennial Committee's Night at the Races, April 30, 1975. CONTINUATION OF CONSIDERATION OF ASPHALT BIKEWAY LOCATED NORTH OF ORANGEWOOD, EAST OF VALLEY VIEW: The City Manager presented a report regarding this matter dated March 20 and reported that the staff had met with repre- sentatives of S & S Construction Company who agreed to remove ~he asphalt bikeway and replace it with cement ~ the City completes the final street paving on Orange- wood between Valley View and Knott Street~ He stated the staff was awaiting written confirmation and recommended a continuance of the matter to the next meeting. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue consideration of the asphalt bikeway to the April 14, 1975 meeting and direct a letter of information to the S & S tract home- owners associations. -6- City Council Minutes March 24, 1975 CO t~UATION OF CONSIDERATION OF PROPOSED ORDINANCE ES~ISHING AN INDUSTRIAL & COMMERCIAL DEVELOPMENT COMMISSION: The City Manager presented a report dated March 20 which transmitted an ordinance establishing the Commission. Councilwoman Sonju stated she felt two Council members out of a nine or eleven member Commission would not overpower the Commission and Councilman Kanel objected and felt no other commissions had Council representation. Council- man Lacayo felt that having Council representatives would kill the idea of an advisory group. Councilman Harvey supported his original proposal that membership be limited to seven individuals who have substantial interest in the purpose of the Commission and he felt the Commission should be more than an advisory group and more agressive than as described in the ordinance. He stated the original proposal was to have the City Manager, City Council member, and Chamber of Commerce Manager as members and that they select four members at large. Councilman Kanel felt the Chamber of Commerce President rather than Manager, a City Council member, and City Manager should compose a committee and propose names to the Council through an interview system and that the City should advertise to attract persons who are actively involved in industry and who are residents of the City. He felt a nine member Commission had a greater impact and could prevent attendance problems° Mayor Frankiewich announced that it was time to conduct the public hearings and she opened the following two public hearings and continued them until 8:15 p.m.: PUBLIC HEARING RE: A PROPOSED REVOCATION OF A PRIVATE PATROL PERMIT ISSUED TO ~ID-CITIES PRIVATE PATROL, 13913 MCNAB STREET, BELLFLOWER, CALIFORNIA. PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1975. It was moved by Councilwoman Sonju and seconded by Council- man Kanel to approve the establishment of a temporary committee composed of the City Manager, Chamber of Commerce Manager, and Councilman Harvey as the City Council member and that they recommend persons to serve on the Commission to the City Council and that this matter be continued to the April 28, 1975 meeting. Councilman Harvey felt the Commission should consist of persons who would be out selling the City as part of a positive sales promotion program and he felt with the Chamber Manager's background in public relations that she would be a logical choice. Re recommended that the ordinance be approved at this meeting. Councilman Lacayo recommended that the ordinance itself should be reviewed and, if necessary, modified by the Committee and that it not be approved by the Council until the review so that the ordinance would not require another first reading if it is changed. Councilwoman Sonju clarified that her motion was that the temporary committee review the ordinance and recommend to the Council the composition of the Commission and conduct interviews at a later date. -7- City Council Minutes March 24, 1975 Councilman Kanel was in favor of the Committee submitting names and starting the interview process. He felt the advertisements should try to attract persons involved in commerce or industry who live in Cypress which should eliminate persons who are not seriously interested in the purpose of the Commission. Councilman Kanel agreed to a seven member Commission. Councilman Kanel withdrew the second to the motion and the motion died. It was moved by Councilman Lacayo, seconded by Councilman Harvey and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE VIII TO CHAPTER 2 OF THE CODE OF THE CITY OF CYPRESS ESTABLISHING AN INDUSTRIAL AND COMmeRCIAL DEVELOPMENT COMMISSION. It was moved by Councilman Lacayo and seconded by Councilman Harvey to approve the first reading of the Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Sonju PUBLIC HEARING RE: A PROPOSED REVOCATION OF A PRIVATE PATROL PERMIT ISSUED TO MID-CITIES PRIVATE PATROL, 13913 McNAB STREET, BELLFLOWER, CALIFORNIA: Mayor Frankiewich reopened the public hearing and asked for the staff's report. The City Manager presented a report dated March 20 and advised that the nature of the hearing required all those wishing to testify to be sworn in. He requested that those persons wishing to testify stand and be sworn. The City Clerk administered the oath to Chief Duke and Sergeant Hampton of the Cypress Police Department. A representative of the applicant was not present. Chief Duke reported on the history of the private patrol permit and business license applications and operation of the business within the City. He reported that the City Council had approved the permit for Mid-Cities Private Patrol on October 28, 1974 subject to the applicant obtaining a business license. The applicant did not obtain a license by December at which time the City requested him to discon- tinue operation. In February, 1975 the City was awarded judgment in small claims court action since the applicant did not have a business license. Chief Duke reported that the applicant had failed to post bond for a State license which was cancelled but that the applicant obtained a City business license and had posted the State bond by February 5. At this time, the staff advised the applicant that he was in violation of the permit conditions by having his personnel wear uniforms which are very similar to those worn by the Cypress Police Department and which are con- fusing to the public and that the City had received complaints from the businesses serviced by Mid-Cities. The staff advised the applicant that, because of the delay in obtaining a business license and State license, the applicant's reluctance to communicate with the staff, the uniform viola- tion, and complaints from clients, the staff did not feel that, in view of the security nature of the business, the applicant showed good faith in his dealings in the City and recommended revocation of the permit. -8- City Council Minutes March 24, 1975 Sergeant Hampton testified that the uniforms worn by Mid- Cities personnel were identical to those of the Cypress Police Department in that they were dark blue and had no identification and that they would be confusing to residents of the City. He reported that the clients of Mid-Cities advised him they were not getting the proper service they contracted for and one client had cancelled the service. Mayor Frankiewich asked if the applicant wished to speak. She inquired if anyone wished to speak in favor or opposition. No one else wished to speak and Mayor Frankiewich closed the hearing. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to revoke the private patrol permit issued to Mid-Cities Private Patrol based on the findings that the licencee is in violation of the City Code in that he did not make timely payment of the business license fee or post the bond required by the State and the uniforms of Mid-Cities Private Patrol are in violation of the terms and conditions of the permit. The motion was unanimously carried by the following roll call vote: AYES NOES ABSENT: 5 COUNCILMEN: Harvey, Kanel, Lacayo, and Frankiewich 0 COUNCILMEN: None 0 COUNCILMEN: None Sonju PUBLIC HEARING RE: WEED ABATEMENT PROGRAM FOR 1975: The Public Works Director presented a report dated March 20 concerning the 1975 weed abatement program. Transmitted was a resolution listing parcels in need of weed abatement. He reported that Dr. Distler, owner of three parcels on Lincoln Avenue, had written and requested delay of the work since construction on the property would begin shortly. The Public Works Director stated that he would delay work and, if the property is not cleared in about 30 days, the parcels could be cleared toward the end of the program. Mayor Frankiewich opened the public hearing and asked if anyone wished to speak in favor of the 1975 Weed Abatement Program. No one wished to speak in favor. She asked if anyone wished to speak in protest. No one wished to speak in opposition and the Mayor closed the public hearing. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1580 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DECLARING THAT WEEDS GROWING UPON OR IN FRONT OF, AND RUBBISH, REFUSE AND DIRT UPON OR IN FRONT OF CERTAIN PROPERTY IN THE CITY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT THEREOF. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanet, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None -9- City Council Minutes March 24, 1975 RECESS: 407 Mayor Frankiewich called a recess at 8:50 pom. The meeting was called back to order at 9:10 p.mo with all Councilmen present. CONTINUATION OF CONSIDERATION OF REPORT ON INVESTIGATION OF SPECIAL INTERESTS INVOLVED IN DEVELOPMENT OF PROPERTY ADJACENT TO LOS ALAMITOS NAVAL AIR STATION: The City Manager presented a report dated March 20 which indicated that further information from the Defence Department and the Orange County Airport Director should be available for the April 14 Council meeting° The City Attorney reported that only the author of AB 15 had presented testimony at the March 17 hearing which was continued to March 31. He reported that the bill was amended which made it more un- acceptable to cities and counties and that the major impact on cities would be that, on land which is designated as prime agricultural, agricultural uses would be determined to be the highest and best use for assessment purposes. He stated that AB 15 would not provide subventions as under the Williamson Act to compensate for the revenue loss. He reported that the League of California Cities was working with Assemblyman Warren to amend the bill to make it con- sistent with the League's action plan and to try to exclude its application to all land located within the boundaries of any incorporated city. He recommended that the City have representation at the March 31 hearing. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue this matter to the April 14 Council meeting and authorize the City Attorney and any Council member's attendance at the March 31 hearing in Sacramento and that they be reimbursed all actual and necessary expenses. Mr. Don Hudson, 6153 Lawrence Street, Cypress, indicated he had additional information regarding the investigation of special interests in the Harvey property and that he would present a written report for the April 14 meeting. Hearing no objections, Mayor Frankiewich announced Item #30 would be taken out of order. CONSIDERATION OF PROPOSED COMMUNITY CENTER POLICIES AND PROCEDURES: The City Manager presented a report from the Recreation and Park Director dated March 19 which trans- mitted the proposed policies and procedures. The Recreation and Park Director explained the cancellation of events, priority listing and catering policies. It was moved by Councilman Harvey and seconded by Council- woman Sonju that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, adopt the submitted policies and procedures for managing the use of the Community Center. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich No ne Non e CONTINUATION OF CONSIDERATION OF TWO WAY RADIOS FOR PUBLIC WORKS DEPARTMENT AND PARKS DISTRICT: The City Manager presented a report dated March 20 which outlined situations and operations in which the use of two way radios would be beneficial. -10- CiLy ~ounc~l M~nuLes March Z~, l~O Councilwoman Sonju did not feel the radios were essential and~ommended that, since the equipment was not budgeted, their purchase be considered in this year's budget discus- SiOn , It was moved by Councilwoman Sonju and seconded by Council- man Lacayo to continue consideration of the purchase of the two way radios until the budget discussions and request that a determination be made of the market value of the City's unitso Councilman Kanel felt the use of the radios should be considered in emergency situations or natural disasters and he supported the staff's justification for the purchase. Mayor Frankiewich stated she would like to evaluate the City's financial position and other priorities before approving this purchase. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Lacayo, NOES: 2 COUNCILMEN: Harvey ABSENT: 0 COUNCIL~EN: None Sonju and Frankiewich and Kanel CONTINUATION OF CONSIDERATION OF GENERAL PLAN AMENDMENT #74-2: The City Manager presented a report dated March 20 stating that the Council had continued this matter from the March 10 meeting to allow action by a full Council. Councilman Harvey stated he felt the Airport Land Use Commission is not beneficial to Cypress or any other cities contiguous to military airports and he felt the Commission provided methods by which local government representatives could be circumvented° He felt Commission members were not responsible or accountable to residents of the City which denies residents the right to determine the City's future. He urged that the Council override the Commission's decision regarding General Plan Amendment 74-2. Councilmen Sonju and Kanel stated they agreed with Council- man Harvey's remarks. Mayor Frankiewich stated she could not support residential uses on property under airports or airport runways as she indicated when she voted against Amendment #74-2. It was moved by Councilman Harvey and seconded by Council- woman Sonju to override the decision of the Airport Land Use Commission regarding General Plan Amendment #74-2° The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Sonju NOES: I COUNCILMEN: Frankiewich ABSENT: 0 COUNCILS~N: None Mr. Howard Rowan, 5831Shirl Street, Cypress, inquired the City Code required a public hearing on this matter, consistent with Code Section 21676. if The City Attorney stated that that Code section did not require a public hearing only that the Council meet to consider the Airport Land Use Commission's action in light of its own action. -11- City Council Minutes March 24, 1975 Mr. Rowan felt testimony at previous meetings regarding the Commission indicated a prejudgment of the issue by the City Council. Councilman Kanel asked for a status report on the referendum petition regarding General Plan Amendment #74-2. The City Manager reported that he was in the process of reviewing the petition to determine the validity of the signatures and that he would certify the petition at the April 14 Council meeting. He suggested that, if the Council calls a special election, they may wish to place other measures on the ballot. He indicated that the results of the opinion survey should be received by that time and may provide issues for the ballot. CONTINUATION OF CONSIDERATION OF APPROVAL OF PLANS AND SPECIFICATIONS & AUTHORIZATION TO ADVERTISE FOR BIDS FOR LANDSCAPING VALLEY VIEW STREET MEDIAN FROM FRED DRIVE TO ORANGE AVENUE AND STANTON CHANNEL TO SOUTH CITY LIMITS, CITY OF CYPRESS PROJECT #7450-90: The City Manager presented a report from the Public Works Director dated March 20 and a report dated February 26 which outlined sources of financing and budget transfers and appropriations necessary for the median improvements. It was moved by Councilwoman Sonju and seconded by Council- man Harvey to authorize a budgeted transfer of $27,000 from the 2106 Gas Tax Fund to the General Operating Fund and appropriate $27,000 from the General Operating Fund to Account #10-40627-186; authorize a budgeted transfer of $2,000 from the 2106 Gas Tax Fund to the General Operating Fund and appropriate $2,000 from the General Operating Fund to Account #10-40627-001; approve the plans and specifications for landscaping Valley View Street from Fred Drive to Orange Avenue and Stanton Channel to the south City limits, Project #7450-90, and authorize the City Clerk to advertise for bids with bids to be opened in the City Clerk's office at 10:00 a.m. on April 22, 1975. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL~N: Harvey, Kanel, Lacayo Sonju and Frankiewich NOES: 0 COb~CILMEN: None ABSENT: 0 COUNCII~MEN: None It was moved by Councilwoman Sonju, seconded by Mayor Frankiewich and unanimously carried to send a letter to the Southern California Water Company thanking them for their installation of an underground casing for water lines and electrical leads which will result in a $3,300 savings to the City. CONTINUATION OF CONSIDERATION OF GUIDELINES FOR PREPARATION OF THE 1975-76 BUDGET: The City Manager presented a report dated March 20 and summarized a report from the Administrative Coordinating Team dated February 20 which recommended a course of action in response to the projected deficit cash balance as of June 30, 1977. The staff recommended the establishment of a five year financial plan with a target of a $600,000 cash balance at the end of the 1977-78 fiscal year, a general reduction of expenditures, development of a revenue program to increase revenues, personnel reductions, and reductions in the travel and meeting expense, newsletter, street sweeping, crossing guards, and refuse dumping programs. -12- City Council Minutes March 24, 1975 It was moved by Councilwoman Sonju, Frankiewich and unanimously carried the report. seconded by Mayor to receive and file CONTINUATION OF CONSIDERATION OF FORMAT FOR COMN[UNITY MEETINGS: The City Manager presented a report dated March 20 which outlined a format for the community meetings to be held throughout the City. The staff recommended that the formal presentation include a brief history including achievements of the City, a review of current community issues, and a discussion of goals and objectives of the City. The City Manager indicated he would investigate the possibility of mailing individual notices by specific areas within the City. Councilman Harvey asked if notification could be mailed to all signers of the referendum petition. The City Attorney reported on legislation effective January 1, 1975 which provides that initiative and ref- erendum petitions are not a matter of public record and that they be used only in connection with challenges to a referendum or initiative. He felt that singling out the referendum signers for the mailing of the notices could be in violation of the legislation. Councilman Harvey stated he would not have made the request if he had been aware of this legislation. The Council discussed provisions of the new legislation and the City Attorney stated he would need an opinion from the Attorney General's office to provide an inter- pretation. Mr. Donald Hudson, 6153 Lawrence Street, Cypress, felt the initiative petition should be returned to the Initia- tive Committee of which he was chairman since the petition was never certified. The City Attorney recommended that if the City Council wishes to participate in the c~m~unity meetings that they conduct special City Council meetings to avoid conflict with the Brown Act. The Council selected the following dates for the community meetings: April 23, 24, 29, 30 and May 7. It was moved by Councilwoman Sonju, seconded by Mayor Frankiewich and unanimously carried to receive and file the report regarding the community meetings. CONSIDERATION OF ESTABLISHING "NO PARKING" AREAS AT 9200 BLOOMFIELD AVENUE: The City Manager presented a report dated March 20 which indicated the Traffic Commission recommended no parking areas adjacent to the two driveways of the Villa Creek Apartments at 9200 Bloomfield to provide greater sight distance for cars exiting onto Bloomfield. It was moved by Councilwoman Sonju and seconded by Council- man Harvey to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1581 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING "NO PARKING" AREAS. -13- The motion was unanimously carried by the following rol~ll call vote: j. ~ AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF A COOPERATION AGREEMENT BETWEEN THE CITY AND THE COUNTY OF ORANGE REGARDING THE HOUSING AND COMMUNITY DEVELOPMENT ACT: The City Manager presented a report from the Planning Director dated March 20 which indicated an amendment to the cooperation agreement is required by HUD to clearly establish that the County of Orange is the sole applicant for community development funds° He indicated the amendment was only a technical correction to the agreement. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1582 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING A COOPERATION AGREEMENT BETWEEN THE CITY OF CYPRESS AND THE COUNTY OF ORANGE RE- GARDING THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 19740 The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCIL~gEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #37964-38139: It was moved by Mayor Frankiewich and seconded by Councilwoman Sonju to approve the Commercial Warrant List for Warrants #37964 through 38030 in the total amount of $734,382.76, the List for Warrants #38031 through 38096 in the total amount of $814,570.65, and the List for Warrants #38097 through 38139 in the total amount of $380,234.02. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF BICENTENNIAL CONFERENCE: Mayor Frankiewich reported on a Bicentennial conference to be held in Fresno May 30 through June 1 and she recommended that the staff liaison to the Bicentennial Committee, Patrice Edwards, be authorized to attend. It was moved by Councilwoman Sonju and seconded by Council- man Lacayo to authorize the attendance of Patrice Edwards at the Bicentennial Conference in Fresno, May 30 through June 1 and that she be reimbursed all actual and necessary expenses. The motion was unanimously carried by the fol- lowing roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None -14- City Council Minutes March Z4, l~/O Councilman Lacayo recommended that the City Council estab- n i n the City. He felt the Com- mission should be recognized as an official City commission since the Council will probably receive requests for funds for Bicentennial programs. It was moved by Councilman Lacayo, seconded by Mayor Frank- iewich and unanimously carried to direct the staff to prepare an ordinance establishing the Bicentennial Commission and a report on Bicentennial activities for the April 14 meeting° CONTINUATION OF CONSIDERATION OF FEE REVISION FOR RECREATION ACTIVITIES: The City Manager presented a report dated March 20 and asked that the Recreation and Park Director explain the fee revisions for Recreation programs° The Recreation and Park Director presented a report dated February 18 and stated the Recreation Department annually reviews fees charged for recreation programs° The Recreation and Park Commission recommended reduced fees for the day camp, public swim, diving, and synchronized swimming programs, and an increase for the tennis class and adult sports programs. It was moved by Councilwoman Sonju and seconded by Council- man Lacayo that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, approve the Recreation and Park Commission's recommendations for fee revisions as outlined in the staff's report. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Lacayo, Frankiewich NOES: i COUNCILMEN: Kanel ABSENT: 0 COUNCILMEN: None Sonju and CONTINUATION OF CONSIDERATION OF COMMUNITY CENTER TITLE: The City Manager presented a report dated March 20 and a report dated March 6 from the Recreation and Park Director which indicated the Recreation and Park Commission recom- mended that the Community Center Building be titled "Com- munity Center" with the words "Cypress Recreation and Park District" placed underneath. The Commission felt using the word Cypress twice would be repetitious. Councilman Kanel stated the building was for the use of District residents which encompassed more than the City of Cypress. Councilman Lacayo moved that the building at Oak Knoll Park be named Community Center with Cypress Recreation and Park District printed underneath. The motion died for lack of a second. It was moved by Councilwoman Sonju and seconded by Council- man Kanel that the Community Center Building be titled "Cypress Community Center" with "Cypress Recreation and Park District" below. Mrs. Connie Bleick, 4951 Lincoln Avenue, Cypress, stated that during the park bond campaigning the building was commonly known as the Cypress Community Center° -15- City Council Minutes March 24, 1975 The motion was unanimously carried by the following r~L~ call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONTINUATION OF CONSIDERATION OF DEVELOPMENT PROBLEMS AT ~,~PLE GROVE PARK NORTH: The City Manager presented a report dated March 20 regarding problems at Maple Grove Park North relating to soil composition and the height of mounds° Mrs~ Chris Luster, 6319 Dominica, Cypress, asked what actions were being taken to correct the problems. The Recreation and Park Director summarized a report dated March 6 which indicated the contractor would lower the four mounds on the parksite which were not to specifi- cations and would remove the soil with a high salt content and replace it with treated soil before placing the topsoil. It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to receive and file the report. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS #4059-4105 AND 288-293: It was moved by Council- man Lacayo and seconded by Councilman Kanel to approve the Recreation and Park District Commercial Warrant List for Warrants #4059 through 4071 in the total amount of $813,607.02, the List for Warrants #4072 through 4095 and 288 through 292 in the total amount of $1,325,122~86, and the List for Warrants #4096 through 4105 and 293 in the total amount of $432,888.44. The motion was unani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILA~EN: None SECOND READING OF ORDINANCE AMENDING VARIOUS PROVISIONS OF ORDINANCE #497~ THE ZONING ORDINANCE: It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 546 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING VARIOUS PROVISIONS OF ORDINANCE NO. 497, THE ZONING ORDINANCE OF THE CITY OF CYPRESS. It was moved by Councilman Lacayo and seconded by Council- man Harvey to adopt Ordinance No. 546. The motion was unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich None None -16- SECOND READING OF ORDINANCE AMENDING ORDINANCE NO. 539 RE: TERMS OF COMMISSIONERS: Hearing no objections, the Mayo~ ~dered the following Ordinance read by title only, titr~ follows: ORDINANCE NO. 547 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 539 RELATING TO THE TERMS OF MEMBERS OF COMMISSIONS AND COMMITTEES. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt Ordinance No. 547° The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Lacayo, Frankiewich NOES: 1 COUNCIL~N: Kanel ABSENT: 0 COUNCILMEN: None Sonju and SECOND READING OF ORDINANCE RE: CHANGE OF NAME OF ADVISORY TRAFFIC COMMITTEE: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 548 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 16-8, 16-10 AND 16-10.1 OF THE CODE OF THE CITY OF CYPRESS CRANGING ~IE DESCRIPTION OF THE ADVISORY TRAFFIC COMMITTEE TO TRAFFIC COMMISSION. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt Ordinance Noo 548. The motion was r~animously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None SECOND READING OF ORDINANCE RE: FARM LABOR CAMPS: Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. 549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING ARTICLE VI TO CHAPTER 13 OF TEE CYPRESS CITY CODE RELATING TO FARM LABOR CAMPS. It was moved by Councilman Lacayo and seconded by Council- woman Sonju to adopt Ordinance No. 5490 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Lacayo, Sonju and Frankiewich NOES: 0 COUNCIL~N: None ABSENT: 0 COUNCILMEN: None The City Manager reported that the Civic Center Corporation had received notice to file a tax exemption qualifying the Corporation as an exempt, non-profit group and that the form required the signature of the Secretary, which position was vacant. He stated he would like to call a meeting of the Corporation to appoint a Secretary and process the form and asked if the Council wished to make suggestions regarding the appointment° -17- City Council Minutes March 24, 1975 It was moved by Councilwoman Sonju, seconded by Counc~ilman Lacayo and unanimously carried to recommend the appointment of Mr. Hilliard Warren to the Civic Center Corporation. Mayor Frankiewich reminded the Council that there are openings on the Recreation and Park and Arts and Cultural Commissions and she asked if the Council wished to set a date to consider appointments° Councilman Kanel suggested, and it was agreed upon by the Council, that the City Manager communicate with the individual Council members within the next 30 days to arrange acceptable dates. CONTINUATION OF CONSIDERATION OF CITY SELECTION COMMITTEE: The City Manager presented a report dated March 20 re- garding appointments to be made by the League of Cities City Selection Committee on April 10. Mayor Frankiewich announced this matter would be discussed in an Executive Session~ EXECUTIVE SESSION: Mayor Frankiewich called for an Executive Session at 11:15 p.m. for personnel matters. The meeting was called back to order at 12:30 a.m. with all Councilmen present. ADJOURNMENT: Mayor Frankiewich adjourned the meeting at 12:30 aom. MAYOR OF THEzCITY OF CYPRESS ATTEST: CITY CLERK (YF T~E cI~rY OF CYPRESS -18-