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Minutes 76-07-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 26, 1976 The regular meeting of the Cypress City Council was called to order at 6:35 p.m. on Monday, July 26, 1976 in the Cypress City~ouncil Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: ABSENT: Councilmen Harvey, Hudson, Lacayo and MacLain Councilwoman Sonju Also present were Darrell Essex, City Manager/City Clerk,' Roger Grable, Deputy City Attorney, and the following City staff members: Barrett, Bryant, Duke, Dunlap, Hawley, Powell and Schatzeder. PLEDGE OF ALLEGIANCE: flag. MINUTES: The City Manager led the pledge to the It was moved by Councilman Hudson, seconded by Councilman Lacayo and unanimously carried to approve the minutes of July 6 and 12. At the City Manager's request, the Mayor added the following items to the agenda: Item #34 regarding a request for annexation of property at the southwest corner of Walker and Bishop Streets, Annexation #76-3; Item #35 regarding the Burglary Hardening Grant Program; Item #36 regarding an amendment to the agreement with the City of La Palma for sale of motor vehicle fuel; Item #37 regarding Assembly Bills #3000,. #1059 and #301. Hearing no objections, Mayor MacLain took Item #30 out of order. CONTINUATION OF CONSIDERATION OF PROJECT T.L.C. - A NUTRITION/ EDUCATION PROGRAM: The Recreation and Park Director summarized a report dated July 21 regarding the senior citizens nutrition program. He stated the staff wished to establish the program and demonstrate its success in order to qualify for funding for on-going programs. Mr. Bryant stated he was confident the program would receive funding which is available for on-going programs or under Title VII of the Older Americans Act. Mr. Peter Lachina, 5821 Wellson Drive, Cypress, president of the Cypress Senior Citizens Club, read a statement indicating there is a definite need for a senior citizens nutrition program in Cypress and urging the Council's approval of the program. Following discussion of the program, it was moved by Councilman Lacayo and seconded by Councilman Hudson to authorize the staff to apply for T.L.Co, Multi-Service Program funds under Title VII of the Older Americans Act for the senior citizens nutrition program and authorize the staff to indicate in the application that, if it is successful and further grant funds are unavail- able, the program will be continued to be supported by the City Council. The motion unanimously carried by the following roll City Council Minutes July 26, 1976 call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo and COUNCILWOMAN SONJU ARRIVED AT 6:55 P.M. Hearing no objections, the Mayor took Item #21 out of order. CONSIDERATION OF LEASING THE OLD LIBRARY FACILITY TO THE BOYS' CLUB OF CYPRESS: The City Manager presented a report dated July 22 which transmitted communications from organizations having an interest in utilizing the Moody/Myra library building. Mr. Essex read a letter from the Cypress Senior Citizens Club dated July 22 which indicated they are happy with their meeting facilities at the Community Center and no longer have an inter- est in the library building. Mr. Darrell Dzarstek, 4125 Ball Road, Cypress, president of the Cypress Boys' Club, stated he was on vacation and asked for a status report on the Council's action on this matter. Mayor MacLain advised him that at the July 12 Council meeting the Council moved to reconsider their approval on June 28 of the agreement to allow the Boys' Club to use the library building. Mr. Richard Morris, 5396 Lincoln Avenue, Cypress, suggested that other groups speak first and that they be allowed to respond. The staff made a visual presentation showing several interior design alternatives for the library building and presented a chart showing a breakdown of maintenance costs. Mayor MacLain asked if anyone wished to speak on this item. Mr. Bob Morgen, 5455 Villa Way, Cypress, and Mr. Ray Hanser, Executive Director of Anaheim Family YMCA, described the programs offered by the YMCA which are available to men and women of all ages. They reported they are desirous of expanding in Cypress and their survey received a positive response that a YMCA is needed in Cypress. Mr. Hanser stated they lack funds for the building's maintenance but he felt funds could be raised. He felt the building would be adequate at present but inadequate after expansion of their programs in about ten years. Mr. Hanser stated they would be willing to lease property in Cypress if it was made available at a nominal fee and that they could also make use of the current Boys' Club building to establish their programs in the City. Mr. Ed Krazel and Mr. George Watson, of the Orange County Recreation Center for the Handicapped, described their efforts to establish a County program for the handicapped which will provide recreational, counseling and therapeutic services. They reported they lack funds for the building's maintenance and are willing to share the building as proposed by the Boys' Club. Mr. Wayne Kistner, director of Straight Talk Clinic, stated they lack funds to maintain the building and the Boy's Club has offered to make office space available to them. City Council Minutes July 26, 1976 Mr. Peter Lachina, 5821 Wellson Drive, Cypress, president of the Cypress Senior Citizens Club, stated their club is happy meeting at the Community Center. He recommended that the Council give consideration to the Boys' Club request since the founders are Cypress residents who recognized the need for a boys' club and continue to support the club. Mr. Darrell Dzarstek, Cypress Boys' Club, read a memorandum dated March, 1976 from the national executive directors of the Boys' Club of America and Girls' Club of America which indi- cated it would be in their best interests to maintain separate organizations and that they could cooperate better by having strong individual identities. Mr. Dzarstek stated they are concerned about the lack of a girls' club but they lack funds to expand. He stated they are willing to help organize a girls' group and that three members of their board of directors serve on the Orange County Girls' Club board. Mayor MacLain noted that it was 8:00 p.m. and time to conduct the public hearings. She opened the following hearings and continued them until after this item: CONTINUATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, MR. VICTOR K. LIPTON; PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 76-3 - LINCOLN AVENUE STUDY; PUBLIC HEARING RE: ZONE CHANGE NO. 76-5 - PROPOSED GAY STREET/CAROB STREET ANNEXATION; PUBLIC HEARING RE: ASSESSED VALUATION INCREASES AND THE PROPOSED SANITATION SEWER AND RUBBISH COLLECTION CHARGES. Councilman Lacayo recommended that the YMCA representatives submit a proposal for use of the existing Boys' Club building at Moody and Cerritos. It was moved by Councilman Lacayo and seconded by Councilman Hudson to reaffirm the June 28 action and approve the lease agreement with Cypress Boys' Club for use of the old library facility at Moody Street and Myra. In response to Councilwoman Sonju, Mr. Ray Kellerman, 5201 Lincoln, Cypress, executive Director of Cypress Boys' Club, reported Boys' Club membership is 516 which is at saturation for the existing building. He stated they anticipated an increase with the new building. A substitute motion was made by Councilwoman Sonju and sec- onded by Councilman Harvey to continue this item to the next meeting and reanalyze the interests of the various community groups in the library building. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Lacayo and Sonju Hudson and MacLain None It was moved by Councilman Hudson and seconded by Councilman Harvey to appropriate $800 to board the old library building in order to prevent vandalism. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: MacLain ABSENT: 0 COUNCILMEN: None Hudson, Lacayo, Sonju 3 o City Council Minutes July 26, 1976 Mr. Richard Morris, appointed the Boys' this evening. Cypress Boys' Club, stated he was dis- Club was not allowed to make a presentation RECESS: Mayor MacLain called a recess at 8:30 p.m. The meeting was called back to order at 8:45 p.m. with all Councilmen present. PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT, VICTOR K. LIPTON, ZODIAC BRACELETS: Mayor MacLain reopened the public hearing. She noted the hearing was continued from July 12 because the applicant was not present. The Mayor asked if the applicant wished to speak. The applicant was not present. It was moved by Councilman Lacayo, seconded by Councilwoman Sonju and unanimously carried to continue the public hearing to the next meeting. PUBLIC HEARING RE: AMENDMENT TO THE ZONIN(~ ORDINANCE #76-3 - LINCOLN AVENUE STUDY: The staff requested that this hearing be continued to the next meeting. Hearing no objections, the Mayor continued the hearing to August 9. PUBLIC HEARING RE: ZONE CHANGE #76-5 - PROPOSED GAY STREET/ CAROB STREET ANNEXATION: Mayor MacLain reopened the public hearing and asked the staff to present their report. The Planning Director presented a report dated July 6 which indicated the Planning Commission recommended approval of the pre-annexation zone change of the subject property to RS-6000, Residential Single Family Zone and the PS-lA Public and Semi- Public Zone on July 1. The property consists of about eight acres of land in County unincorporated territory located on the 8100 and 8200 blocks of Gay Street, on the northerly extension of Carob Street and the westerly side of Gay Street. He reported that the two Commissioners who opposed the zone change supported a RS-15000 Zone for the property. The Planning Director presented slides of the property. He reported that access to the property was proposed via the northerly extension of Carob Street and via the extension of Acacia Street. Mayor MacLain asked if anyone wished to was no one wishing to speak in favor at if anyone wished to speak in opposition. speak in favor. There this time. She asked Mr. Bob Drennan, 8291 Monique Way, Cypress, operator of stables at 8232 Gay Street, felt if the property is rezoned then the entire block could be developed with 60 homes. He stated resi- dents in the area feel this is a piecemeal approach to zoning, represents a lack of concern for other uses in the County area, that this will change the character of the neighborhood which many want to preserve and will jeopardize their lifestyle. A zone change will create conflict between the future residents and rural uses which will bound them on three sides. He suggested that residents in this area be given an opportunity to discuss future uses with City officials and he felt these residents are more cooperative since there are less absentee owners. He supported retaining the rural area which people use for recreation and enjoyment and he noted the area connects with inter-county bike and horse trails. He asked the Council to consider an RS-15000 designation for the property and felt it would be a buffer, consistent with zoning to the south, and less of an infringement on adjacent property owners' rights. 4 o City Council Minutes July 26, 1976 Mr. Ralph Miller, 8151 Gay Street, Cypress, reported he operates a dog kennel and contractor's yard. He opposed annexation and felt the parcels should be separated and only those who wish to ~nex should be allowed to do so. He stated he does not want to sell his property and does not support the RS-15000 zone for his property. A rezoning would result in his kennels being 40 feet away from the residential property. Miss Linda Moy, 8322 Gay Street, Cypress, stated she enjoys the quiet atmostphere of the area and does not want to see a great change. She felt rezoning would create a traffic problem on Carob Street and that the sewers on the street are inadequate. She felt supporters of the zone change only wish to make a profit on their property. Mr. John Todd, 6833 Mulberry, Garden Grove, owner of 3.3 acres of the subject property, stated he requested annexation out of necessity since his stable operation cannot pay taxes and over- head for the property. He supported the proposal for 29 homes but opposed RS-15000 zoning. He stated the rural use presents a problem to the residents who border on three sides and the dust problem is impossible to control. Mr. Ron Kieger, 8271 Carob Street, Cypress, supported the zone change and felt it would remove an eyesore and trash from the area. He felt horses should be allowed and he supported RS-15000 zoning. He presented photographs taken from his property showing the trash on adjacent property. In response to Councilman Harvey, the Planning Director reported that the dog kennels currently operated on the property are a permitted use in the RS 6000 zone subject to a conditional use permit, and the contractor's yard, in the event of a zone change, could remain indefinitely as a nonconforming use. Mr. Ralph Miller, 8151 Gay, asked that he be able to identify the location from which Mr. Kieger's photographs were taken. Mr. Randy Tolle, 1824 Denni Street, Cypress, spoke in support of maintaining the quiet rural atmosphere an~ horse activities in the area. He supported RS-15000 zoning. He discussed the advantages and disadvantages of this area compared to single- family tracts. The Deputy City Attorney stated for the record that Mr. Miller identified the photographs as being taken from Mr. Kieger's and the railroad property and several scenes of his property are not visible from Mr. Kieger's property. The Planning Director reported that staff's basis for recom- mending RS-6000 zoning was that it is consistent with the General Plan designation for this area which is medium density residential, access to the subject property should follow the existing street pattern the extension of Carob and Acacia Streets, and multiplicity of ownership and fact that most lots on Gay Street are less than one acre make them difficult to develop. Staff felt the inclusion of all parcels in this area was a logical annexation request in that it would square off the City boundaries, it is consistent with the Cypress sphere of influence, and it would eliminate a county island. Mr. Hawley reported he had letters from three property owners, who represent 78% of the assessed valuation of the area, who re- quested annexation. He discussed possible development alterna- tives for parcels in this area. City Council Minutes July 26, 1976 Councilman Harvey stated he was contacted by Mr. Owens who was unable to attend this hearing but indicated he was still in favor of the zone change. Mr. Owens, representing several property owners on Carob Street, spoke in support of the zone change at the Planning Commission hearing. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to close the public hearing. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING THE ZONING ORDINANCE OF THE CITY OF CYPRESS, KNOWN AS ZONE CHANGE NO. 76-5, PROPOSED PRE-ANNEXATION ZONE CHANGE. It was moved by Councilman Hudson and seconded by Mayor MacLain to approve the first reading of the Ordinance which approves the pre-annexation zone change of the subject property to the RS-6000 Zone and the PS-lA Zone. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju RECESS: Mayor MacLain called a recess at 10:20 p.m. meeting was called back to order at 10:30 p.m. with men present. The all Council- PUBLIC HEARING RE: ASSESSED VALUATION INCREASES AND THE PROPOSED SANITATION SEWER AND RUBBISH COLLECTION CHARGES: The City Manager presented a report dated July 22 which indicated the Affidavits of Publication, Posting and Mailing of the public hearing notice are on file in the City Clerk's office. The hearing was called by the Council to consider the implementa- tion of a sanitation sewer charge on residential and commercial establishments, the increase of the rubbish collection fee from $1.50 to $2.00 per month for residences, and to hear testimony on the recent increase in assessed valuation of prop- erty in Cypress. Transmitted was a property tax study analyzing each taxing agency within Cypress and the impact on the agencies by the increased assessment, and a report analyzing alternatives to finance the proposed sanitation program. The city Manager advised that the City lacks direct control over the various taxing districts which have independent authority to levy taxes. He stated the staff would submit a report in August after the City receives the official assessed valuation in mid-August when the Council is to determine the City's tax rate. The staff estimated that the City would receive $58,300 resulting from the increased assessments. Councilmen MacLain and Lacayo felt the Council should consider how the $58,000 will be spent and whether it should be applied toward financing the sanitation program. Councilman Lacayo expressed concern over the taxing process and felt taxes should be based on government operating costs not on the value of homes. He recommended that cities join in petitioning taxing agencies to recognize the increased assessments when preparing their budgets and to make adjustments in their tax rates if necessary. Councilman Hudson asked how the $58,300 figure was arrived at and the Finance Officer explained the procedure. 6 o City Council Minutes July 26, 1976 Councilman Hudson felt the $58,000 was insufficient to finance the sanitation program and he suggested that the Council hear testimony on the proposed sanitation program fees. The Council agreed that the property tax and sanitation fee issues should be consideted separately. Mayor MacLain asked if anyone in the audience wished to speak. Mr. Ken Hulse, 5158 Cumberland Drive, Cypress, asked to meet with the Finance Officer to determine how he arrived at the $58,300 figure. He felt the increased assessed valuation would reduce the City tax rate to $.76. Mr. James Duncan, 4528 Lemon Circle, Cypress, complained about rising taxes and stated he did not buy his home to make a profit on it. He stated he opposed the $.50 sewer fee and increased rubbish collection fee. He indicated he was dis- satisfied with the rubbish collection service and poor street sweeping and he suggested that the City go out to bid on the rubbish collection contract. Mayor MacLain noted that it was 11:30 p.m. The Council decided to continue with the agenda items until 11:45 p.m. It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to continue this hearing to the August 9 meeting. CONSIDERATION OF AWARD OF CONTRACT FOR CONCRETE (ANNUAL). REQUEST FOR QUOTATION #7677-01: The City Manager presented a report from the Finance Officer dated July 22 outlining three bids received. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to accept the bid from Geller's Ready Mix Concrete Company as the lowest responsible bid and award him the contract in an amount not to exceed $25,480.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain None None Councilwoman Sonju moved to continue Items #2, 3, 4 and 5 to the next meeting. The motion died for lack of a second. Councilmen Lacayo and Sonju indicated they did not wish to vote on the contracts at this time. Councilman Lacayo recom- mended that the aerial photography (Item #4) not be sub- contracted and that it be done in house. CONSIDERATION OF AWARD OF CONTRACT FOR ONE AUTOMOBILE (REPLACE- MENT FOR CITY MANAGER), REQUEST FOR QUOTATION #7677-0q: The City Manager presented a report from the Finance Officer dated July 21 outlining three bids received. It was moved by Councilman Harvey and seconded by Councilman Hudson to accept the bid of Fletcher Jones Chevrolet as the lowest responsible bid and award him the contract in the amount of $5,691.00 plus sales tax. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, MacLa±n NOES: 1 COUNCILMEN: Sonju ABSENT: 0 COUNCILMEN: None Hudson, Lacayo and City Council Minutes July 26, 1976 CONSIDERATION OF AWARD OF CONTRACT FOR 8 AUTOMOBILES AND ONE STATION WAGON (REPLACEMENTS), REQUEST FOR QUOTATION #7677-07: The City Manager presented a report dated July 22 from the Finance Officer which indicated bids were requested from six vendors and only one was received. Bids do not include a trade-in of vehicles and funds were included in the budget. It was moved by Councilman Hudson and seconded by Councilman Lacayo to accept the bid of Fletcher Jones Chevrolet as the sole bidder and award him the contract in the amount of $36,912.00 plus sales tax; and that the City Council, acting as ex-officio Board of Directors of the Cypress Recreation and Park District, accept the bid of Fletcher Jones Chevrolet as the sole bidder and award him the contract in the amount of $4,544.00 plus sales tax. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, MacLain NOES: 1 COUNCILMEN: Sonju ABSENT: 0 COUNCILMEN: None Lacayo and It was moved by Councilwoman Sonju, seconded by Councilman Lacayo and unanimously carried to continue Item ~4, Considera- tion of Award of Contract for Aerial Photography, City Project #7663-90, to the next meeting. Councilwoman Sonju moved to continue Item ~5, Consideration of Award of Contract for Engineering Analysis of School Area Pedestrian and Bicycle Traffic Protection, City Project #7685-90, to the next meeting. The motion died for lack of a second. It was moved by Councilman Hudson, seconded by Councilman Harvey and unanimously carried to reconsider Item ~4o CONSIDERATION OF AWARD OF CONTRACT FOR AERIAL PHOTOGRAPHY~ CITY PROJECT ~7663-90: The City Manager presented a report from the Public Works Director dated July 22 describing the aerial photography proposal to include the entire City and outlining the five bids received. Councilman Lacayo objected to using an outside consultant when the work could be performed by the staff. Councilwoman Sonju suggested that the present aerial maps be updated. It was moved by Councilman Hudson and seconded by Councilman Harvey to determine that Air-Photo Co., Inc. is the lowest responsible bidder for Project #7663-90 and award the contract for aerial photography to Air-Photo Co., Inc., 2632 Bayshore Frontage Road, Mountain View, California, in the amount of $7,446.00. The motion carried by the following roll call vote~ AYES: NOES: ABSENT: 3 COUNCILMEN: 2 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson and MacLain Lacayo and Sonju None CONSIDERATION OF AWARD OF CONTRACT FOR ENGINEERING ANALYSIS OF SCHOOL AREA PEDESTRIAN AND BICYCLE TRAFFIC PROTECTION, CITY PROJECT ~7685-90: The City Manager presented a report from the Public Works Director dated July 22 which indicated five proposals were received and the proposal from Berryman, Mohle and Stephenson was found to be most adequate. The engineering analysis will be funded by a grant received from the Office of Traffic Safety. The project cost requires an additional grant appropriation of $2,414 for which the staff is in the process of applying. City Council Minutes July 26, 1976 It was moved by Councilman Hudson and seconded by Councilman Harvey to award a contract for an Engineering Analysis of School Area Pedestrian and Bicycle Traffic Protection to the firm of Berryman, Mohle and Stephenson, 2030 E. Fourth Street, Suite 230, Santa Ana, California, as per negotiated proposal dated June 24, 1976 in the amount of $8,000. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Hudson and MacLain Lacayo and Sonju None CONSENT CALENDAR: Mayor MacLain announced that all items listed on the agenda under "Consent Calendar" were to be considered by the Council as routine and enacted by one motion approving the recommendation regarding each item. Councilman Harvey requested that Item #9, Consideration of a Communication from the City of Santa Ana Concerning the Orange County Human Relations Commission, be removed and continued to the next meeting. It was moved by Councilman Lacayo and seconded by Mayor MacLain to approve Items ~6 through #13 on the Consent Calendar with the exception of Item #9. by the following roll call vote: The motion unanimously carried AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Item #6: Consideration of Inter-County Airport Authority. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1741 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE AIRPORT MASTER PLAN STUDY TO BE CONDUCTED BY THE INTER-COUNTY AIRPORT AUTHORITY. Item #7: Consideration of a Resolution Opposing the Inade- quate Television Coverage of the Orange County Elections. Recommendation: That the City Council adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1742 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS OPPOSING THE INADEQUATE TELEVISION COVERAGE OF THE ORANGE COUNTY ELECTIONS. Item #8: 1975. Consideration of Year End Fiscal Report, June 30, Recommendation: Receive and file. Item #10: Consideration of a Communication from Western High School A Capella Choir. Recommendation: That the City Council adopt a proclamation expressing the City of Cypress' greetings to the City of Honolulu. City Council Minutes July 26, 1976 Item #11: Consideration of a Request from the Orange County Committee on Constitution Observance to Proclaim September 13 - 18, 1976 as "Constitution Week." Recommendation: That the Mayor and City Council proclaim September 13 - 18, 1976 as "Constitution Week" in the City of Cypress. Item #12: Consideration of an Alcoholic Beverage License Application for Employment of Manager Dennis C. Grocholski of On-Sale Licensed Premises, Requested by Straw Hat Pizza Palace, 4009 Ball Road, Cypress. Recommendation: Receive and file. Item ~13: Consideration of Acceptance of Improvements, Community Development Project, First Year's Program on Bishop Street and House Sewer Connections on Karen Street and Camp Street. Recommendation: That the City Council accept the street improvements on Bishop Street and the house connections on Karen and Camp Streets, Community Development Project # 7600- 90, as being satisfactorily completed in accordance with plans and specifications and authorize the City Clerk to release the Labor and Material Bonds upon expiration of the required lien period, providing no liens have been filed, and to release the Faithful Performance Bonds upon expiration of one year guarantee, providing no defects in material or work- manship become evident. CONTINUATION OF CONSIDERATION OF CHANGES IN LANDSCAPING AND SCREENING ON THE MERVYN'S DEVELOPMENT, CITY PROJECT #7654-10: The City Manager presented a report from the Public Works Director dated July 22 which indicated the developer agreed to the conditions recommended by the Council on July 3. The developer will install additional tree wells between the existing tree wells to allow for the planting of trees 7 1/2 feet on center and revise the sprinkler system. The cost, estimated at $1800, will be subtracted from the cost of Valley View median construction. Hearing no objections, the Mayor received and filed the report. Hearing no objections, the Mayor continued the following items to the next meeting: Item ~19, Continuation of Consideration of Proposed City Emergency Ordinance and City Emergency Plan, Item #20, Consideration of Adopting a New Animal Control Ordinance and Resolutions. CONSIDERATION OF BOARD OF SUPERVISORS' MEETING OF JULY 21~ 1976: The City Manager transmitted a report from the Planning Director dated July 22 which indicated the Board on July 21 set a public hearing date of August 11 to consider condemnation of portions of the Nike site for a regional park. Staff indi- cated they will support this action at the August 11 hearing and oppose any consideration of establishing a park on any portion of the Arlan property. Hearing no objections, the Mayor received and filed the report. 10. City Council Itinutes duly 26 , 1976 CONSIDERATION OF APPROt;!~LA']'[ON OF 19 75- /~ k:NCUMBRANCES - CITY: The City Manaqer presented a repoz~ from the Finance Officer dated July 20 which listed necessaly approl~iations to cover encumbered items from the previous fiscal year. It was moved by C~uncJ]man Lacayo and seconded by Council- woman Sonju to authorize appropria? ions per the staff' s report totaling: $]34,369.16 to the General Opera~ Jng Fund and $12,322.60 to the Central Services ~'und. q'he motion unani- mously carried by the following ~.oll call vote: AYES: 5 CDUNCILMEN: Harvey, Hl~dson, Lacayo, Soniu snd ~'acLain ABSENT: I) COUNCILMEN: None 92, CALENDAR YEAR 1917: The City Manage~ ~ ransmitted a Lighting DJstr5 (.'~ ~2 ~'~,~7 15~'~'7. It was moved by I ~uncilwoman So~j u at~d ::e~,,l~ded by Councilman Lacayo to adopt the fo!lowing Reso~ ul i~n by I itle only, title as follows, which apploves the dJaq~an! and Final Assessment for Cypress Lighting D~str~ct #2 fo~ the 1~3'7'i calendar year A RESOLUTION OF THE CITY OF CYFRESS, COUNTY OF ORANGE, ST~']'E Ob' CALiIFORNTA, ANIi I.EVY ING ASSESS- MENTS {)N PAb'( [iL~; ~;i: LAND L(qCJA'I'E]~ IH T}{A'J' AREA KNOWN AS C] 'l'y OF CF ['}{Il f~S LiF;HTIN(: DIS'PRICT NO. MAINTENANCe; AND FURNISIiIN(; OF ELEC~PR [C (URRENT TO LIGHT SAID S'I'}{E:I::T ],iGHTING SYSTEM F()R THE PERIOD FROM dANUARY ] ~ 1977 TIiROUGH DEC~iMBER 31, 1977 PURSUANT TO THE }iEPORTS OF THE CiTY ENGINEER The motion unanimously ~ar~ied by the fo]Il>wing AYES: 5 COUNCil,MEN: Ha~ ve¥, Hudson, and MacLaJ n NOES: 0 COUNCILMEN: None roll call vote: Lacayo, Sonju CONSIDERATION OF THE ADOPTION OF AN AMENDMENT TO THE CITY PURCHASING ORDINANCE: The City Manager presented a report from the Administrative Coordinating Team dated July 13 outlining two recommended changes to the current purchasing ordinance. One change would allow the dollar limit necessi- tating bidding procedures to be set by Resolution rather than in the City Code. Staff recommended that the dollar limit be increased from $100 to $250. The second change would allow purchases of items from other than the lowest responsible bidder. Hearing no objections, the Mayor ordered the following Ordinance read by title only, title as follows: ll. City Council Minutes July 26, 1976 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING SECTIONS 21A-8 AND 21A-12 AND ADDING SECTION 21A-15 TO THE CODE OF THE CITY OF CYPRESS RELATING TO THE ACQUISITION OF SUPPLIES AND EQUIPMENT. It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the first reading of the Ordinance and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ESTABLISHING LIMITS FOR THE COMPET- ITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF SUPPLIES AND EQUIPMENT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF APPLICATION OF OIL TREATMENT ON VARIOUS STREETS, CITY PROJECT #7691-90: The City Manager presented a report from the Public Works Director dated July 22 des- cribing the oil treatment process. Staff inspected all areas where the oil treatment was applied. The contractor agreed to correct deficiencies and clean up areas where oil was splashed on the condition that payment will not be made until this is done. Hearing no objections, the Mayor ordered the report received and filed. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the Commercial Warrant List for Warrants #42609 through #42697 in the total amount of $241,372.25. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Councilman Harvey requested an item on the next agenda re- garding the policy of paying for Councilmen's dinners and attendance at meetings. SECOND READING OF ORDINANCE RE: ANNEXATION #76-1: Hearing no objections, the Mayor ordered the following Ordinance by title only, title as follows: ORDINANCE NO. 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION NO. 76-1" TO THE CITY OF CYPRESS. read 12. City Council Minutes July 26, 1976 It was moved by Councilman Lacayo and seconded by Councilwoman Sonju to adopt Ordinance #575. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Hudson, and MacLain None None Lacayo, Sonju Hearing no objections, the Mayor continued Item ~29, Contin- uation of Consideration of Six Month Review of Community Center Use Policy, to the next meeting. CONSIDERATION OF APPROPRIATION OF 1975-76 ENCUMBRANCES AND REAPPROPRIATION OF UNFINISHED CAPITAL PROJECTS-PARK DISTRICT: The City Manager presented a report from the Finance Officer dated July 20 listing appropriations necessary to cover en- cumbered items from the 1975-76 fiscal year. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, auth- orize appropriations per the staff's report for encumbrances and capital projects totaling $29,978.14 to the General Operating Fund and $38.20 to the Central Services Fund. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF FEES AND CHARGES FOR RECREATION PROGRAMS: The City Manager presented a Recreation and Park Director for fall recreation programs. report dated July 21 from the listing recommended fee increases It was moved by Councilwoman Sonju and seconded by Councilman Hudson that the City Council, acting as ex officio Board of Directors of the Cypress Recreation and Park District, ratify the Recreation and Park Commission's recommended fee increases as proposed to go into effect in September for the fall recrea- tion program. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COM- MERCIAL WARRANT LIST: It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to approve the Recreation and Park District Commercial Warrant List for Warrants ~505 through #510 and #5635 through #5673 in the total amount of $475,813.82. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju C_~ONSIDERATION OF REQUEST FOR ANNEXATION, (#76-3) , WALKER STREET, WEST SIDE, SOUTH OF BISHOP STREET: The staff reported the owner of property located at the southwest corner of Walker and Bishop Streets, the site of the Levi's Store, requested annexation to the City. 13. City Council Minutes July 26, 1976 It was moved by Councilwoman Sonju and seconded by Councilman Harvey to authorize the staff to assist the property owner with the annexation proceedings and initiate a pre-annexation zone change for the property. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF BURGLARy HARDENING GRANT: The City Manager requested authorization to enter a joint powers agreement with the City of Garden Grove for the Criminal Justice grant for the burglary hardening program which becomes effective on August 6, 1976. Funds were budgeted for the program. It was moved by Councilman Hudson and seconded by Councilman Lacayo to adopt the following Resolution by title only, title as follows, and authorize the Mayor to sign and the City Clerk to attest the agreement: RESOLUTION NO. 1745 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITIES OF CYPRESS AND GARDEN GROVE. Th e motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None CONSIDERATION OF AMENDMENT TO AGREEMENT WITH CITY OF LA PALMA FOR SALE OF MOTOR VEHICLE FUEL: The City Manager reported on a request by the City of La Palma to amend the agreement approved June 28, 1976 to allow the sale of fuel for all City vehicles, not only Police vehicles. It was moved by Councilman Hudson and seconded by Councilwoman Sonju to approve an amendment to the agreement with the City of La Palma for the sale of motor vehicle fuel to include all City vehicles. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, and MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF ASSEMBLY BILLS #3000, 1059 AND 301: It was moved by Councilwoman Sonju, seconded by Councilman Hudson and carried, with Councilmen Harvey and Lacayo ab- staining, to go on record in opposition to Assembly Bills #3000, #1059 and #301, which relate to police officer employee relations. Councilmen Harvey and Lacayo indicated they had not read the bills. It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to direct the City Manager to contact the Anaheim Family YMCA representatives who appeared tonight to determine if there has been a change of interest in using the old library building, request the City Manager to report back, and to hold a special meeting if necessary to reconsider the Council's previous action. 14. ADJOURNMENT: It was moved by Councilman Lacayo, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 12:10 a.m. to August 9 at 6:30 p.m. ATTEST: ~TYWCL~Rk oF THE 'CITY OF CYPRESS 15.