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Minutes 76-10-12MINUTES OF A REGULAR MEETING THE CYPRESS CITY COUNCIL HELD October 12, 1976 OF The regular meeting of the Cypress City Council was called to order at 6:00 p.m. on Tuesday, October 12, 1976 in the Cypress City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Alice MacLain presiding. PRESENT: Councilmen Harvey & MacLain ABSENT: Councilmen Hudson, Lacayo & Sonju Also present were City Manager/City Clerk Darrell Essex, City At torney John Murphy, and the following C]t" staff members: Bryant, Davenport, Duke, Hawley, Powell and Schatzeder. Due to the lack of a quorum, the Mayor recessed the meeting until a quorum is present. Mayor MacLain called the meeting back to order at 6:30 p.m. with the following Councilmen in attendance: PRESENT: ABSENT: Councilmen Harvey, Hudson & MacLain Councilmen Lacayo & Sonju PLEDGE OF ALLEGIANCE: The City Attorney led the pledge to the flag. Mayor MacLain requested that the Chairman call the Recreation and Park Commission meeting to order. Chairman Boykin called the Recreation and Park Commission meeting to order at 6:30 p.m. with the f~llowing Commissioners in attendance: PRESENT: ABSENT: Commissioners Christensen, Swain, Yates and Boykin Commissioner McHugh Hamilton, Simmons, COUNCILWOMAN SONJU ARRIVED AT 6:33 P.M. COUNCILMAN LACAYO ARRIVED AT 6:35 P.M. In response to the Recreation and Park Commission, the staff gave a status report on the following: the proposed bicycle frail along the flood control easement between Grindlay Street and Evergreen Park, the vacant area north of the City Hall building, and the former Boys' Club building at Cerritos and Moody Street. Commissioner Swain asked if children should be discouraged from playing football or baseball in the area between the Council Chambers and new library. The staff indi- cated that the green areas surrounding the Civic Center were proposed as quiet, restful areas for use by the public. Chair- man Boykin suggested that trees be extended across this area Lo discourage ball playing. The Commission expressed concern over an item from their last meeting's agenda involving their authority over sports leagues which are sponsored by the Recreation and Park District. Their specific concern related t~o the "sliding" regulation of the Cypress Girls' Softball League. Another concern related to whether the District may limit the number of participants in a league~ The Council suggested that the Commission hold a special meeting and solicit citizen input on this subject. RECESS: It was moved by Commissioner Christensen, seconded by Commissioner Yates and unanimously carried to recess the meeting at 7:05 p.m. to the Cypress Community Center. City Council Minutes October 12, 1976 ADMINISTRATION OF OATH OF OFFICE AND PRESENTATION OF CERTIFI- CATES OF APPOINTMENT: The City Manager swore in the following newly appointed Commissioners: Ellen Friedmann and Richard Partin to the Planning Commission, Elsie Carruthers and James Ladow to the Traffic Commission, and Joan Schlaich and Wayne Nelson to the Arts and Cultural Commission. Mayor MacLain presented them with the certificates of appointment. Mr. Ed Just, director of the Santa Ana River Flood Protection Agency, reported that the tri-county flood project was accepted into the public works omnibus bill and he reported on the passage of the bill and status of the project. Mr. Just trans- mitted reports on the project and minutes of the last Agency meeting and thanked the Council for their support of the project. At Councilman Lacayo' s request, the Mayor took Item ~16 out of order. CONSIDERATION OF INVESTIGATION OF PLANNING COMMISSIONER GREEN- WOOD: The City Manager presented a report dated October 7. Mayor MacLain read a statement (on file in City Clerk's office) outlining the Cypress City Code provisions relating to the dismissal of a planning commissioner from office, which may be accomplished by a majority vote of the City Council, and the Brown Act provisions which require that such action may not be considered in executive session but must be conducted in a public meeting. It was moved by Mayor MacLain and seconded by Councilwoman Sonju that: (1) two City Council members be appointed by the Council to look into the activities of Planning Commissioner Greenwood; (2) that authorization be granted to the sub- committee members to gather information with staff assistance; and (3) that a resolution be prepared requesting that the State Legislature rescind and/or assume financial liability for any and all actions stemming from the results of Section 54957 of the Brown Act, that newspaper articles, correspondence, and any other information pertinent to this issue be submitted with the prepared resolution to be sent to the State Assembly and Senate leaders, Orange County legislators and the State and Orange County League of Cities. Councilman Lacayo expressed concern that the Mayor's motion did not suggest a means to evaluate any other commissioner. Councilman Harvey asked for a clarification of the charges for the benefit of Mr. Greenwood and the public. He reported on his past recommendation that, to take politics out of city Council appointments and removals, a 4 to 1 vote of the City Council should be required. He stated the Mayor voted against this recommendation. Councilman Hudson supported a Council member's right to express legitimate concerns regarding a commissioner's performance and he felt the Council s~uld have some process to carry out this responsibility without activating the press and public, the threat of lawsuit, and subjecting a person to public ridicule. He felt the Mayor's suggestion could be applicable to any commissioner. Councilwoman Sonju supported the two-member committee and felt this method could be used as the policy in the future. She apologized for the way this matter was handled at the last meeting and stated she felt such matters should not be conducted in a public meeting. She felt a commissioner's removal should be for a good reason. Mayor MacLain noted it was time to conduct the public hearings. She opened and continued the following hearings: CONSIDERATION OF A RESOLUTION MAKING PROVISIONS OF THE VEHICLE CODE APPLICABLE TO PRIVATELY-OWNED AND MAINTAINED ROADS WITHIN LINCOLN CENTER MOBILEHOME PARK; CONSIDERATION OF GENERAL PLAN AMENDMENT NO. 76-3B, 4782 LINCOLN AVENUE. 2 o City Council Minutes October 12, 1976 Mr. Charles Downing, 666 Ocean Boulevard, Long Beach, attorney representing Mr. Greenwood, stated he does not argue with the Council's right to remove appointed commissioners but he felt Mr. Greenwood was entitled to due process and fairness. He requested a public hearing to allow Mr. Greenwood to hear the charges and respond. Councilman Hudson felt that a letter from Mr. Downing threatened the City with a lawsuit and the Council requested that he read the letter. Mr. Downing read a letter (on file in City Clerk's office) addressed to the City Manager and dated September 30 which indicated he was retained by Mr. Greenwood to investigate the matter for purposes of determining whether or not he should maintain a civil suit against the City and requested notification of the charges. Mr. Bert Greenwood, 4076 Orange Avenue, Cypress, stated he did not wish the matter continued and he wished to know where he stands. He asked that he be exonerated or given a public hearing. The Council held further discussion on whether to proceed with the hearing, committee investigation, or dismiss the charges. Mayor MacLain indicated she could not state the charges because of the legal liability and fact that witnesses would have to be brought in. Councilmen Sonju and Lacayo both stated they would not volun- teer for the committee. A substitute motion was moved by Councilman Harvey and seconded by Councilman Lacayo that Bert Greenwood be exonerated of the charges against him because they are not substantiated and that the Mayor make a public apology. The m©tion carried by the following roll call vote: AYES: 3 COUNCILMEN: NOES: 2 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Lacayo & Hudson & MacLain None Sonju It was moved by Councilman Lacayo and seconded by Councilman Harvey to direct the staff and City Attorney to prepare a policy, taking into consideration the Brown Act, whereby the City Council can investigate improprieties by appointed City commissioners. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Councilmen Harvey, Hudson, Lacayo and Sonju stated they did not contact Mr. Greenwood following the last meeting as was stated in a newspaper article, or his attorney or any other person. Councilman Lacayo stated he did speak with Mrs. Greenwood over the telephone. Mr. Jerry Mullen, 4190 Elizabeth Court, Cypress, chairman of the Planning Commission, denied several statements which were attributed to him in newspaper articles. He stated he never suggested that Bert Greenwood be removed from the Commission and at no time did he feel there were substantial charges that could be brought before him that could justify his removal. Mr. Mullen stated he did not feel he was responsible to the City Council to please them on a certain issue but that his responsibility on the Commission was to evaluate issues inde- pendently to increase the diversity of the investigation of issues. He stated he supported Councilman Harvey's recommenda- tion for a 4 to 1 vote for removal of commissioners and felt this lessened the political atmosphere. City Council Minutes October 12, 1976 RECESS: Mayor MacLain called a recess at 8:50 p.m. The meeting was called back to order at 9:10 p.m. with all Council- men present. PUBLIC HEARING RE: CONSIDERATION OF A RESOLUTION MAKING PROVISIONS OF THE VEHICLE CODE APPLICABLE TO PRIVATELY-OWNED AND MAINTAINED ROADS WITHIN LINCOLN CENTER MOBILEHOME PARK: Mayor MacLain reopened the public hearing and asked for staff's report. The City Manager presented a report dated October 7 indicating the City has received a petition requesting that Vehicle Code provisions be made applicable to the roads in the mobilehome park. The owner of fee interest and owner of leasehold interest have signed the petition and therefore a public hearing on the matter is not required. The basic concern of tenants relates to speeding in the park. The City would not be assuming maint- enance of the roads. Mayor MacLain asked if anyone wished to speak in support. Mr. Marshall Schwartz, 9060 Santa Monica Boulevard, Los Angeles, attorney representing Lincoln Center Mobilehome Park at 9080 Bloomfield Avenue, stated the petition was submitted at the request of the tenants. The only burden to the City would be to periodically patrol the area since no City maintenance of streets is involved and he stated the park does pay property taxes. Mayor MacLain asked if anyone wished to speak in opposition. No one wished to speak in opposition. It was moved by Councilwoman Sonju and seconded by Councilman Lacayo to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE CYPRESS MAKING PROVISIONS OF THE VEHICLE CODE APPLICABLE TO PRIVATELY-OWNED AND MAIN- TAINED ROADS WITHIN LINCOLN CENTER MOBILEHOME PARK. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Narvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 76-3B, 4782 LINCOLN AVENUE: Mayor MacLain reopened the public hearing and asked for staff's report. The Planning Director presented a report dated October 6 regarding the proposed amendment for 8.8 acres of property on the south side of Lincoln opposite Sumner Street. The City Council approved the zone change from highway commercial to a combination of highway commercial and high-density residential on July 12, 1976. Mayor MacLain asked if anyone wished to speak in favor. Mr. Jim Christensen, 1208 Deerpark, Fullerton, representing the Warmington Company, felt the amendment should be approved so that the zone change is in conformance and stated the adja- cent property owners still support the proposal. City Council Minutes October 12, 1976 The following persons spoke in support of the amendment: Mr. William Shaper, 9173 Ethel, Cypress Mr. Hilliard Warren, 5275 Vista Real, Cypress Mrs. Cheryle DeLoge, 9144 Ethel, Cypress Mayor MacLain asked if anyone wished to speak in opposition. Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, opposed re- zoning any commercial property to residential and felt the rezoning would eliminate the last remaining large commercial lot on Lincoln Avenue. Mr. Jim Christensen, the applicant, stated commercial develop- ment is proposed on the front 200 feet of the property and he indicated they planned to submit a conditional uss permit appli- cation for commercial use within the next few days. It was moved by Councilman Lacayo and seconded by Mayor MacLain to close the public hearing and adopt the following Resolution by title only, title as follows: RESOLUTION NO. 1778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING GENERAL PLAN AMENDMENT NO. 76-3B. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 1 COUNCILMEN: 0 COUNCILMEN: Harvey, Lacayo, Sonju & MacLain Hudson None STAFF REPORTS & DISCUSSIONS: Mayor MacLain asked if there were items to add to the agenda. The City Manager requested that Item #5 on the Consent Calendar be removed for later discussion by the Council. At his request, the Mayor added the following items to the agenda: Item #2a regarding award of contract for traffic paint, Item ~17b regarding a City Code violation at 4552 Lincoln, Item #17c regarding in.rim use of Boys' Club building, Item 917d regarding EDA rules and regulations on Public Works Program Act, Item #17e regarding a Youth Commission expenditure, Item #17f regarding an appraisal for the southeast corner of Walker and Orange Avenue. MINUTES: It was moved by Councilwoman Sonju, seconded by Councilman Harvey and unanimously carried to approve the minutes of September 27. CONSIDERATION OF AWARD OF CONTRACT FOR CHEMICALS AND HERBI- CIDE, REQUEST FOR QUOTATION #7677-26: The City Manager trans- mitted a report from the Finance Officer dated October 5 which outlined the four bids received. It was moved by Councilman Harvey and seconded by Councilwoman Sonju to accept the bid from Los Angeles Chemical Company as the lowest responsible bid and award them the contract in the amount of $3,695.60 plus sales tax. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju 5 o City Council Minutes October 12, 1976 CONSIDERATION OF AWARD OF CONTRACT FOR TRAFFIC PAINT, REQUEST FOR QUOTATION #7677-14: from the Finance Officer two bids received. The City Manager presented a report dated October 8 which outlined the It was moved by Councilwoman Sonju and seconded by Councilman Harvey to accept the bid from Pervo Paint Company as the lowest responsible bid and award them the contract in the amount of $6,531.00 plus sales tax. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSENT CALENDAR: Mayor MacLain announced that all items listed on the agenda under "Consent Calendar" were to be con- sidered by the Council as routine and enacted by one motion approving the recommendation regarding each item. At Councilman Hudson's request, the Mayor removed Item #8. It was moved by Councilwoman Sonju and seconded by Councilman Harvey to approve Items #3 through #9 on the Consent Calendar with the exception of Items #5 and #8. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju Item #3: Consideration of a Claim submitted by Mr. Larry Scott Ondo. Recommendation: That the City Council officially deny the subject claim of Larry Scott Ondo and request the City Manager to refer this claim to the City's Claim Adjustor, Carl Warren & Company, for appropriate disposition. Item #4: Consideration of Change in Budgeted Capital Outlay. Recommendation: That the City Council authorize a correction in the budget as indicated for the purchase of a Power Planer - $110 and a Shop Vacuum - $186. Item #6: Consideration of Participation in the Annual Orange County Chamber of Commerce Economic Outlook Conference. Recommendation: That the City Council authorize all members of the Council to attend the Orange County Chamber of Commerce Economic Outlook Conference and authorize reimbursement for actual and necessary expenses. Item #7: Consideration of a Resolution from the city of Yorba Linda Recommending Councilman Irwin M. Fried as the Represen- tative for the Air Pollution Control District. Recommendation: Receive and file. Item ~9: Consideration of Creation of Investment Account with Pasadena Savings and Loan. Recommendation: That the City Council adopt the following Resolution by title only approving a savings account with Pasadena Savings and Loan, and the Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, adopt the following Resolution by title only approving a District savings account with Pasadena Savings and Loan, titles as follows: 6 o City Council Minutes October 12, 1976 RESOLUTION NO. 1779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A SAVINGS ACCOUNT WITH PASADENA SAVINGS AND LOAN. RESOLUTION NO. 65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, APPROVING A SAVINGS ACCOUNT WITH PASADENA SAVINGS AND LOAN. The City Manager requested that Item #5, Consideration of an Ordinance Approving Annexation No. 76-2, be held over for an Executive Session. In regard to Item #8, Consideration of a Resolution from the City of Yorba Linda Supporting Development of a Regional Park Site in Orange County, it was moved by Councilwoman Sonju and seconded by Councilman Harvey to authorize the City Manager to notify the Orange County Board of Supervisors and the appro- priate Congressional representatives that the City of Cypress would be supportive of developing a regional park site in western Orange County on federally-owned property as suggested by the Yorba Linda resolution and include Councilman Harvey's statement that the City of Cypress would oppose the acquisition by any governmental agency of any vacant land in the south end of the City of Cypress for consideration as a regional park site. Councilman Hudson indicated he would vote no because of the Council's past position of not supporting land purchase for a regional park on the Nike site based on the fact that the fed- eral property is already publicly-owned. He felt it was in- appropriate to support purchase of land for a regional park on another federal site which is unavailable. The motion carried by the following vote: AYES: 3 COUNCILMEN: Harvey, NOES: 1 COUNCILMEN: Hudson ABSENT: 0 COUNCILMEN: None ABSTAINING: 1 COUNCILMEN: Lacayo Sonju & MacLain CONTINUATION OF CONSIDERATION OF CITY COUNCIL POLICY ON P~EIM- BURSEMENT FOR ATTENDANCE AT DINNER MEETINGS: presented a report dated October 7. The City Manager It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to continue this item to the October 25 meeting. Hearing no objections, Mayor MacLain also continued Item #13, Continuation of Consideration of Utilization of City Vehicles, as requested by staff. CONTINUATION OF CONSIDERATION OF TELECOMMUNICATIONS REPORT: The City Manager presented a report dated October 7 indicating that Pacific Telephone Company submitted a proposal. Mayor MacLain stated the Council received the information this evening. It was moved by Councilman Harvey, seconded by Councilwoman Sonju and unanimously carried to continue the item to the next meeting. 7 o City Council Minutes October 12, 1976 Mr. Earl White, representing Pacific Telephone Company, invited the City Council to a demonstration of their new Dimension system. Mr. Don Woodaman, representing ITT Company, stated they would again extend the time frame on their proposal. He expressed concern that Pacific Telephone did not comply with the standard bidding procedure. CONTINUATION OF CONSIDERATION OF MEDIAN CONSTRUCTION ON LINCOLN AVENUE, PROJECT #7682-90: The City Manager presented a report from the Public Works Director dated October 4 addressing the possibility of using City forces by subcontracting the project. Staff felt the landscaping could be done by City forces at about half the contract cost which was estimated at $9500. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to request the city Attorney to draft an ordinance amending the City Code to increase the dollar limit for projects which must go out to bid. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF GRANT APPLICATION FOR PUBLIC WORKS EMPLOYMENT ACT: The City Manager presented a report from the Public Works Director dated October 7 describing the City's application for funding for the Katella Avenue sanitary sewer project and for the Community Facilities Improvement Project which consists of various improvements at the City Maintenance Yard and Civic Center. Councilwoman Sonju suggested that the City entrance signs be substituted for other items in the application and the staff indicated this might jeopardize approval of the City's appli- cation. 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, City Manager, City Attorney and the City Engineer to sign, where necessary, the certifica- tions and assurances required to complete a Grant application for the Community Facilities Improvement Project: RESOLUTION NO. 1780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING ITS DESIGNATED OFFICIAL REPRESENTATIVE TO FILE A FEDERAL GRANT APPLICA- TION FOR LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT PROGRAM FUNDS TO CONSTRUCT THE COMMUNITY FACILITIES IMPROVEMENT PROJECT, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN. The motion carried by the following roll AYES: 4 COUNCILMEN: Hudson, NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None call vote: Lacayo, Sonju & MacLain Councilman Harvey stated he did not support the grant appli- cation because he felt it was a very inflationary program and that revenue sharing funds could have been used for the projects. City Council Minutes October 12, 1976 CONSIDERATION OF VIOLATION OF CITY CODE ON PROPERTY LOCATED AT 4552 LINCOLN AVENUE: The Planning Director summarized a report dated October 11 regarding code violations at 4552 Lincoln consisting of unauthorized construction and non-compliance by the owner to submit plans for the reactivation of the business. The report outlined correspondence between the City Attorney's office and business regarding this matter. It was moved by Councilman Lacayo and seconded by Councilman Hudson to authorize the City Attorney to take the appropriate legal action on this matter. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Hudson, & MacLain NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None Lacayo, Sonju CONSIDERATION OF REQUEST FOR INTERIM USE OF BOYS' CLUB FACILITY: The City Manager reported on a proposal by the Tri-Cities Fire Department to maintain the former Boys' Club building at Cerritos and Moody Street. The City Manager stated he anticipated pre- senting proposals from community organizations for use of the building at the Council's first meeting in November. It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the Tri-Cities Fire Department taking over maintenance of the former Boys' Club building on an interim basis. Councilman Lacayo opposed the interim use by the Fire Department and felt they might feel they have a right to remain. He felt the City should maintain the building. Councilman Hudson suggested amending the motion to state that the interim use grants no other rights. Mr. Hilliard Warren, 5275 Vista Real, Cypress, reported that the Boys' Club Board of Directors had reservations and were not unanimous in their recommendation that the Fire Department use the building on an interim basis. Councilwoman Sonju withdrew the motion and Councilman Hudson withdrew the second. Hearing no objections, the Mayor received and filed the matter. CONSIDERATION OF EDA POLICY ON TITLE I PUBLIC WORKS PROGRAM: The City Manager requested the Council's authorization to com- municate the City's opposition to the new EDA ruling that school districts will be given the same priority as general- purpose local governments in the project scoring system under the new public works program. It was moved by Councilman Lacayo, seconded by Mayor MacLain and unanimously carried to authorize the City Manager to send a telegram to the Economic Development Administration expressing strong opposition to the new policy. CONSIDERATION OF YOUTH COMMISSION EXPENDITURE: The City Manager reported on a request by the Youth Commission for funding for their Congressional Forum project which they proposed to sponsor. Councilmen Harvey and Sonju felt a political project was outside the responsibility of the Commission and that there are political organizations which make such partisan presenta- tions. City Council Minutes October 12, 1976 It was moved by Councilwoman Sonju and seconded by Councilman Harvey to receive and file the matter. Mr. Davenport reported on the proposed forum which would in- volve a panel discussion between two congressional candidates and the Youth Commission followed by an open forum for the public. A substitute motion was moved by Councilman Lacayo and sec- onded by Councilman Hudson to approve the Youth Commission's congressional forum project and appropriate $100 for the program. The motion carried by the following roll call vote: AYES: 3 COUNCILMEN: Hudson, Lacayo NOES: 2 COUNCILMEN: Harvey & Sonju ABSENT: 0 COUNCILMEN: None & MacLain CONSIDERATION OF REQUEST FOR APPRAISAL OF PROPERTY AT SOUTH- EAST CORNER OF WALKER STREET & ORANGE AVENUe: The City Manager requested authorization to obtain an appraisal of property located at the southeast corner of Walker Street and Orange Avenue. He estimated the cost at $500 and reported funds were budgeted. The staff reported they proposed to submit the street improvements on Walker and Orange as an AHFP project. The Council inquired why an appraisal was requested for prop- erty which is unavailable for sale and why an appraisal of the entire parcel was necessary. Hearing no objections, the Mayor continued the item to the next meeting and requested an additional staff report. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST: It was moved by Councilman Lacayo and seconded by Councilman Hudson to approve the Commercial Warrant List for Warrants #43303 through #43496 in the total amount of $193,535.60. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Hudson, NOES: 0 COUNCILMEN: None ABSENT: 1 COUNCILMEN: Sonju Lacayo & MacLain SECOND READING OF ORDINANCE RELATING TO SEWERS AND SEWAGE DISPOSAL: Hearing no objections, the Mayor ordered the fol- lowing Ordinance read by title only, title as follows: ORDINANCE NO. 589 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 22-7 TO THE CODE OF THE CITY OF CYPRESS RELATING TO SEWERS AND SEWAGE DISPOSAL. It was moved by Councilman Lacayo and seconded by Councilman Hudson to adopt Ordinance No. 589. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEN: 0 COUNCILMEN: 1 COUNCILMEN: Harvey, Hudson, Lacayo & MacLain None Sonju CONSIDERATION OF WAIVING THE FORMAL BIDDING PROCEDURE - REPLACEMENT OF DEFECTIVE LIGHT POLES: The City Manager presented a report from the Recreation and Park Director dated October 5 recommending that the formal bidding procedure be waived to allow the same sub-contractor that installed the defective light poles to do the replacement project. The staff felt that using the same installer would aid in recovering costs from the manufacturer. 10. City Council Minutes October 12, 1976 It was moved by Councilman Hudson and seconded by Mayor MacLain that the City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park District, waive the formal bidding procedure and authorize the Purchasing Agent to issue a purchase order not to exceed $5,000 to Craco Electric, 7092 Thomas Street, Buena Park, for materials and labor for replace- ment of fourteen light poles throughout the park system. The motion carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Hudson, Sonju & MacLain Lacayo None CONSIDERATION OF APPROVAL OF RECREATION & PARK DISTRICT COMMER- CIAL WARRANT LIST: It was moved by Councilman Lacayo and sec- onded by Councilman Hudson to approve the Recreation and Park District Commercial Warrant List for Warrants #535 and #5873 through #5939 in the total amount of $63,803.16. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain None None ORAL COMMUNICATIONS: Mr. Joe Hardcastle, 4588 Blanca Drive, Cypress, asked if the staff was aware that Hyatt Die Cast raised the roof about three to five feet on a building which created a noise problem for adjacent homeowners. He asked if this violated the City Code. Mr. Hardcastle objected to the Police Department issuing citations to children whose bicycles are not registered and he inquired about the purpose of the $3.00 fine and $5.00 ticket. He stated he supports the Brown Act because it brought government operations out into the public. The staff reported that Hyatt Die Cast did obtain a building permit to modify the roof and staff was awaiting a report from an acoustical engineer regarding the increased noise to determine if sound attenuation is necessary. The Police Chief reported on the City's bicycle registration program. He stated bike registration is a State requirement and the registration fee is used to fund the City's bicycle safety program which is administered through the schools. Mr. James Duncan, 4528 Lemon Circle, Cypress, requested that the banging Council Chamber doors be repaired. EXECUTIVE SESSION: Mayor MacLain called an Executive Session at 11:15 p.m. for matters of litigation. The meeting was called back to order at 11:35 p.m. with all Councilmen present. In regard to Item ~5, Consideration of an Ordinance Approving Annexation No. 76-2 (Gay and Carob Streets), 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 APPROVING THE ANNEXATION OF CERTAIN TERRITORY, DESIGNATED AS "ANNEXATION NO. 76-2", TO THE CITY OF CYPRESS. 11. City Council Minutes October 12, 1976 It was moved by Councilwoman Sonju and seconded by Councilman Hudson to approve the first reading of the Ordinance. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEN: 0 COUNCILMEN: 0 COUNCILMEN: Harvey, Hudson, Lacayo, Sonju & MacLain None None ADJOURNMENT: It was moved by Councilwoman Sonju, seconded by Councilman Hudson and unanimously carried to adjourn the meeting at 11:40 p.m. to Monday, October 25 at 6:00 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: __ _ ,~, , . CITY CL~K OF/THE CITY OF CYPRESS