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Minutes 68-05-2737C MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 27, 1968 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on Monday, May 27, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California, Mayor Richard L. Bowen presiding. PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, and Administrative Assistant Gene Poertner. MINUTES: Councilman Kunel stated that he wished to correct his statement in the second sentence of the last paragraph on Page 17 to read as follows: "He also stated that prior to the bond election information had been mailed indicating that the Council would be asking for assistance from the Federal Government for funds relative to the drainage problems of the City." Following general discussion, it was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried to approve the Minutes of the Regular Meeting of May 13, 1968, as corrected. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to approve the Minutes of the Adj ourned Regular meeting held on May 16, 1968, as mailed. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, to place consideration of a request for Budget transfers as Item No. 18 a. on the evening portion of the City Council agenda. Upon the request of the City Manager, it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to place consideration of the transfer of City funds from the Security First National Bank, Lincoln and Valley View Branch, to the Security First National Bank, Walker and Ball Road Branch in the City of Cypress, as Item No. 18 b. on the evening portion of the City Council agenda. The City Manager suggested that the Council may wish to consider presenting a plaque to Miss Cypress of 1967 for her services as Queen, following which it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, to place this matter on the evening portion of the Council agenda as Item 18 c. The City Manager advised that he had received a call from the City Manager's office in Westminster indicating that the Assembly Committee on Revenue and Taxation would be considering Senate Bill 117, which would exempt household and personal effects from taxation, the evening of May 27, 1968, and requesting the Council to contact Assemblyman Kenneth Cory, who is a member of this Committee, urging his support in opposition to Senate Bill 117. The City Manager's office in Westminster indicating that this Bill, if passed, would reduce taxes for the City of Westminster to the extent of $30,000. The City Manager further advised that he had not analyzed the effects of the subject Bill on the City of Cypress; however, the League of California Cities has not opposed the Bill but has requested that if the exemption is approved, an offsetting revenue also be approved which would be returned to the community. Councilman Kanel indicated that he is in favor of eliminating the personal property and household tax. Councilman Harvey indicated that, in principle, he would be in favor of elimination of household and personal property tax and would be reluctant to take action on Senate Bill 117 without having had an opportunity to review the Bill and its ramifications. May 27, 1968 General discussion was held regarding Senate Bill 117; however, no further action was taken. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Harvey and unanimously carried, to place considera- tion of certification of right of way for Valley View Street as Item 18 ~ on the evening portion of the City Council agenda. ADJOURNMENT: It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to adjourn at 4:22 p.m. to the City Employees' Lounge in the Civic Center, 5275 Orange Avenue, Cypress, for the purpose of conducting a joint meeting with the Cypress Chamber of Commerce Board of Directors. The Mayor called the meeting back to order at 4:30 p.m. in the Employees' Lounge of the Civic Center, 5275 Orange Avenue, Cypress, all City Councilmen being present. Mr. Lloyd Nunnenkamp, President of the Cypress Chamber of Commerce, reviewed the activities and project plans for the Chamber of Commerce, following which general discussion took place in reference to various Chamber activities. The Chamber of Commerce further invited the City Council to be the Chamber's guest at the next quarterly meeting between the City Council and Chamber of Commerce at the home of Mr. Neishi. Following further discussion regarding the relationship of the City and Chamber of Commerce, it was moved by Councilman Noe, seconded by Councilman Kunode, and unanimously carried, to recess at 5:35 p.m. until 7:30 p.m. in the City Council Chambers, 5275 Orange Avenue, Cypress. CALL TO ORDER: The meeting was called back to order at 7:30 p.m. with the following in attendance: PRESENT: Councilmen Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James E. Erickson, Administrative Assistant Gene Poertner, Public Works Director Arthur Schatzeder, Police Chief George Savord, Finance Director Jim Grissom, Planning Director George Putnam, and Building Superintendent Tom Nudson. Drew Davis of Boy Scout Troup 167 led the Council and audience in the Pledge of Allegiance. ORAL COMMUNICATIONS: Mr. William Schaper, 9173 Ethel Street, Cypress, addressed the Council, requesting information regarding the floor space requirements for garages and inquiring as to whether or not it is permissable to convert a two-car garage into a one-car garage. In answer to his questions, the Planning Director advised Mr. Schaper that according to the City Code, it is not permissable to convert a two-car garage into a one-car garage. Mayor Bowen invited Mr. Schaper to come into the City Hall and discuss this matter more fully with the members of the Staff. May 27, 1968 PRESENTATION OF COMMENDATION AND COMMUNITY SERVICE PLAQUE TO FORMER CITY COUNCILMAN MARTIN G. MC CARNEY: At this time, MAyor Bowen read in full a Resolution of Co~anendation of former City Councilman Martin G. McCarney for his service to the community as City Councilman from 1958-62 and from 1964-68. He also presented a cormnunity service plaque to Mr. McCarney in recognition of bis many years of service to the citizens of Cypress, Mayor Bowen.then expressed the Coancil's appreciation to Mr. McCarney for his services as a member of the City Council. Mr. McCarney thanked the Council and City Staff fDr this presentation. PRESENTATION OF CERTIFICATES TO ORGANIZATIONS WHO PARTICIPATED IN CYPRESS BEAUTIFICATION DAY ACTIVITIES: Mayor Bowen expressed the Council's appreciation to the Womants Club of Cypress for participating in the Beautification Day activities in the City, and announced that as a result of these activities the Woman to Club was presented an award from the State. Mayor Bowen then introduced Mrs. Howard Mann, Past President of the Woman's Club of Cypress, who stated that the Woman's Club of Cypress was the only Club in the State of California to be presented an award of this type. She then presented Certificates from the California Federation of Womenis Clubs to Scout Troops 160, 167, 204, 157, 17 and 343; Cub Scout Pack 206; Explorer Pack 76; Scout Cadets 322; Scout Junior Troops 19,123, 139 and 33; and Brownie Scout Troops 31, 273, 55, and 56, for their participation in this program. RECESS: The Mayor declared a recess at 7:51 p.m. The meeting was called back to order at 8:00 p.m., all City Councilmen being present. At this time each of the Councilmen expressed his appreciation to former Councilman Martin McCarney for the pleasure of serving with him on the Council. Cormnendations were also expressed by the City Attorney and City Manager on behalf of the City Staff. PUBLIC HEARING RE: FIRST READING ORDINANCE ADOPTING UNIFORM BUILDING CODE~ 1967 EDITION: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of a proposed Ordinance of the City Council adopting the current provisions of the Uniform Building Code, 1967 Edition Volume I, the "Building Code," the Uniform Building Code, 1967 Edition, Volume II, the "Uniform Mechanical Code," the Uniform Building Code, 1967 Edition, Volume IV, Dangerous Buildings, the "Uniform Code for Repair, Vacation or Demolition of Dangerous Buildings," and the Uniform Building Code, 1967 Edition, "Standards," with amendments. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 23, 1968, indicating that the affidavits of posting and publication of the Public Hearing notices on this matter are on file in the office of the City Clerk, and no communications in favor of or in opposition to the adoption of these Codes have been received. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the adoption of these Building Codes. In response to a question from Councilman Harvey, Building Superintendent Tom Nudson reviewed the basic changes which will exist in the 1967 Uniform Building Code. In response to a question from Councilman Kanel, the Building Superintendent stated that the amendments proposed in the Ordinance are concerned with local problems in the enforcement of the Building Codes, specifically in the fields of administration and re-inspection. The Building Superintendent further advised that the 1968 Edition of the National Electric Code will be published in September, 1968, and presented for the Council's consideration after that time. May 27, 1968 In response to a question from Mayor Bowen, the Building Superintendent reviewed the procedures followed by the Building Department during the period of transition from one Edition of the Building Code to the newer Edition. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey, seconded by Co~mcilman Kanode 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 AMENDING SECTIONS 5-1 AND 5-2 OF CHAPTER 5 OF THE CYPRESS CITY CODE, THEREBY ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1967 EDITION VOLUME I, THE "BUILDING CODE," THE UNIFORM BUILDING CODE, 1967 EDITION, VOLUME II, THE "UNIFORM MECHANICAL CODE," THE UNIFORM BUILDING CODE, 1967 EDITION, VOLUME IV, DANGEROUS BUILDINGS, THE "UNIFORM CODE FOR REPAIR, VACATION OR DEMOLITION OF DANGEROUS BUILDINGS," AND THE UNIFORM BUILDING CODE, 1967 EDITION, "STANDARDS." It was moved by Councilman Harvey and seconded by Councilman Kanode to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None PUBLIC HEARING RE: FIRST READING ORDINANCE ADOPTING UNIFORM PLUMBING CODE~ 1967 EDITION: The Mayor announced this was the time and place for the Public Hearing to consider the adoption of a proposed Ordinance of the City Council adopting the current provisions of the Uniform Plumbing Code, 1967 Edition, with amendments. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated May 23, 1968, indicating that the affidavits of posting and publication of the Public Hearing notices on the adoption of the Plumbing Code are on file in the office of the City Clerk and no communica- tions in favor of or in opposition to the adoption of this Code have been received. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the adoption of the proposed 1967 Edition of the Uniform Plumbing Code. The Building Superintendent advised that the proposed amendments to the 1967 Edition of the Plumbing Code are concerned with the imposition of penalty and reinspection fees. The City Attorney then advised that the State law provides for the adoption of codes by reference but does not allow for adoption of penalty clauses by reference; and this necessitates adopting the penalty clauses as amendments to the codes. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel, seconded by Councilman Kanode, and unanimously carried to read the following Ordinance by title only, title as follows: May 27, 1968 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 19, CONSISTING OF SECTIONS 19-1 AND 19-2, OF THE CYPRESS CITY CODE, TI{EREBY ADOPTING BY REFERENCE THE UNIFORM PLUMBING CODE, 1967 EDITION. It was moved by Councilman Kanel and seconded by Councilman Kanode to approve the first reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT TO ALLOW SECOND-HAND STORE AT 5051 LINCOLN AVENUE (STEWART BROTHERE HARDWARE): The Mayor announced this was the tim and place for the Public Hearing to consider an application for Special Permit to allow the operation of a Second-Hand Store to sell new and used furniture and hardware at 5051 Lincoln Avenue, Cypress, California, as requested by Frank M. Stewart, 8212 Artesia Street, Buena Park, and Ralph P. Stewart, 8722 LaSalle Street, Cypress, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated May 23, 1968, indicating that the affidavits of posting, publication and mailing of the Public Hearing notices on this matter are on file in the office of the City Clerk and no corm~unications have been received either in favor of or in opposition to the Special Permit. The City Manager further reviewed the considerations to be made by the City Council in determining whether or not the proposed activities under the requested Special Permit will comport with the peace, health, safety, convenience, good morals, and general welfare of the public; and further whether or not the applicant is fit to be trusted with the privileges granted by such permit or has a bad moral character, intemperate habits, or a bad reputation for truth, honesty or integrity. General discussion ensued relative to whether the report from the Police Chief is considered public knowledge and should be read into the record of the Public Hearing, and the City Attorney advised that the Police Chief's report should be made a part of the Public Hearing. CouncilmanKanel indicated that it had been his observance in past Public Hearings that the report from the Police Chief was not ma~e a part of the record of the Hearing, and he could not understand the City Attorney's opinion that it should be included. Following further discussion, the City Manager read into the record of the Public Hearing the recormnendation of the Police Chief which was contained in a report dated May 8, 1968, and which indicated that the Police Department in conducting an investigation of the applicants, finds no legal cause to protest the application; and suggesting that the applicant be advised that the provisions of the Special Permit for which he has applied do not include auctioneering, and that such business activity will require further compliance with the provisions of Cypress City Code Section 15-33. The report also indicated that the business is currently licensed by Orange County as a hardware and used furniture company. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the requested Special Permit. In response to questions from Councilman Kanel, the City Attorney advised that the City Code requires a Special Permit for second-hand stores in which the major portion of the business consists of the selling of second-hand furniture. He further advised that the occasional sale of used items, such as bicycles, would not constitute a second-hand operation. May 27, 1968 . 75 Mr. Ralph P. Stewart, 8722 La Salle Street, Cypress, California, addressed the Council indicating that he did not intend to change his present operation. He further indicated that he had applied for a Special Permit for his own protection since he does have a Federal license to deal in the sale of guns and ammunition and feels that a Special Permit will provide this added protection. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. Concern was expressed by Councilman Harvey in connection with the reluctance to read into the record of the Public Hearing the report from the Police Chief concerning the applicant. It was then moved by Councilman Harvey and seconded by Councilman Noe to approve the Special Permit to allow the operation of a Second-Hand Store to sell new and used furniture and hardware at 5051 Lincoln Avenue, Cypress, California, as requested by Frank M. Stewart, 8212 Artesia Street, Buena Park, and Ralph P. Stewart, 8722 La Salle Street, Cypress, California. Mayor Bowen then indicated that he had not felt there was anything derogatory contained in the Police Chief's report concerning the applicant, and was reluctant to have the report read into the record since he felt it was confidential. Councilman Harvey then indicated that he could not recall any instances in past Hearings when the report from the Police Chief was not included in the record of the Public Hearing and stated that the Council should be consistent in their procedures in these matters. The City Attorney clarified the provisions of the City Code relative to the inclusion of the report from the Police Chief indicating that the Council must receive a report from the Police Chief; however, this report may consist of the conclusion of the Chief based on the evidence or a detailed reading of the report. Councilman Harvey's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None PUBLIC HEARING RE: AMENDMENT TO MASTER PLAN OF DRAINAGE (WATSON~ WALKER AND LINCOLN AREA): The Mayor announced this was the time and place for the Public Hearing to consider en amendment to the Master Plan of Drainage in the Watson, Walker, and Lincoln area, initiated by the Secretary of the Planning Commission. The Mayor declared the Public Hearing open and requested the Staff to present its report. The City Manager presented a report dated May 23, 1968, indicating that the affidavits of posting m~d publication of the Public Hearing notices on this matter are on file in the office of the City Clerk and no written communications in favor of or in opposition to the proposed amendment have been received. The report further indicated that the Public Works Department has not been able to complete the necessary reports and resolutions for consideration at this time, and, therefore, requests the City Council to continue the Public Hearing until the regular meeting of June 10, 1968. It was moved by Councilman Kanel and seconded by Councilman Kenode to continue the Public Hearing for consideration of a proposed amendment to the Master Plan of Drainage in the Watson, Walker, and Lincoln Avenue area to 8:00 p.m. on Monday, June 10, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, California. Councilman Noe stated that he would abstain from voting in this matter since he owns property in the area under consideration. May 27, 1968 The motion was then carried by the following roll call vote: AYES: 4 COUNCILMEN: Harvey, Kanel, Kanode, and Bowen NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ABSTAINED:I COUNCILMEN: Noe COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF MEETING OF BOARD OF TRUSTEES: The City Manager reviewed a communication dated April 22, 1968, from Mr. Jack H. Kimball, District Manager of the Orange County Mosquito Abatement District transmitting a copy of the MInutes of the Meeting of the Board of Trustees held April 18, 1968. A copy of these MInutes will be on file in the office of the City Clerk. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, this communication be received and filed. COMMUNICATION PROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: APPLICATION FOR TRANSFER OF ON-SALE BEER LICENSE AT J.B.'S BEER BAR ~GUNNEL R. AND JOHN B. LEAL): The City Manager advised that notification has been received from the Alcoholic Beverage Control Board of an application for a transfer of an on-sale beer license at J.B.'s Beer Bar, 6395 West Ball Road, Cypress, from Carol A. Taylor to Gunnel R. and John B. Leal, 11309 East 213th Street, Lakewood, California. The Police Department in an investigation of the application found no legal basis for protesting the application. It was moved by Councilman Noe, seconded by Co~cilman Harvey, and unanimously carried, this communication be received and filed. In answer to a question from Councilman Kanel, the City Manager advised that the subject beer bar is located near Albertson's Market. COMMUNICATION FROM SKYBUS~ INC. RE: APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BEFORE PUBLIC UTILITIES COMMISSION: The City Manager presented a communication dated May 16, 1968, from Mr. Peter Fiori, President of Skybus, Inc., 5855 Naples Plaza, Suite 309, Long Beach, California, requesting the City Council to endorse the proposed air shuttle commuter service between the Los Angeles International and Orange County Airports as proposed by Skybus, Inc. The communication also transmitted a copy of the Application for a Certificate of Public Convenience and Necessity filed by Skybus, Inc., for consideration before the Public Utilities Commi.ssion which is on file in the office of the City Clerk. The City Manager advised that no information has been received from any parties opposed to the subject application and it has been indicated that several cities in Orange County hawendorsed the proposal. Councilman Harvey expressed his reluctance to take a position on this matter since the possibility of enlarging the activites of Orange County Airport has been a controversial item. Mayor Bowen then stated that he did not feel such a service would be of direct benefit to the City of Cypress since the City is located approximately half-way between both the Los Angeles and Orange County Airports. It was moved by Councilman Harvey, seconded by Councilman Noe, and unanimously carried, this communication be received and filed. COMMUNICATION FROM CITIZENS ACTION LEAGUE RE: OPPOSITION TO ORANGE ALIGNMENT OF HUNTINGTON BEACH FREEWAY: The City Manager reviewed a cormnunication dated May 19, 1968, addressed to Mr. Vernon J. Cristina, Chairman of the California Highway Commission and signed by Mr. John B. Gerry, Jr., Spokesman for the Citizens Action League expressing the League's opposition to the Orange alignment of the proposed Huntington Beach Freeway. The City Manager indicated that several of the arguments in opposition to the Orange alignment which were expressed by the Citizens Action League were ident~l to those expressed to the Highway Commission by the City for consideration at the State Highway Commission meeting of May 21, 1968. May 27, 1968 The City Manager also advised that the California Highway Commission had adopted a resolution of intention to adopt the Orange alignment of the proposed freeway and further indicated its intention to call for a Public Hearing to be held in Orange County concerning this matter. The City Manager stated that he would advise the Citizens Action League of the Council's previous action taken in support of the Red Route of the Huntington Beach Freeway. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, this conm~unication be received and filed. COMMUNICATION FROM SANTA FE SPRINGS RE: SUPPORT OF ASSEMBLY BILL 1203 (PENALTIES ON TRAFFIC OFFENSES): The City Manager reviewed a communi- cation from Mr. William J. McCann, Mayor Pro-Tem of the City of Santa Fe Springs and Chairman of the California Peace Officer Standards and Training Co~nission requesting the City Council to indicate its support of Assembly Bill 1203 which would increase the penalties on certain traffic offenses in an effort to provide additional funds to be returned to local governmental agencies for the Peace Officer Standards and Training Program. The City Manager advised that the City of Cypress does participate in this training program and does receive reimbursement for 50% of the amount of the costs to the City for the training of police officers. He further indicated that the League of California Cities supports this measure and also urges the City Council's support. It was moved by Councilman Harvey and seconded by Councilman Noe to support Assembly Bill 1203 to increase penalties on certain traffic offenses and to request the City Manager to notify the State legislators from the Cypress area of the City's support of this measure. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF APPROVAL OF FINAL MAP FOR TRACT NO. 6549 (LARWIN COMPANY): The City Manager presented Final Tract Map No. 6549 which is located on the north side of Cerritos Avenue 690 feet east of Bloomfield Street to 1680 feet east of Bloomfield Street, consisting of 14.320 acres and 76 R-1 lots, as requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The City Manager then presented a report dated May 23, 1968, from the Public Works Director reviewing the subject map and recommending approval subject to the developer's compliance with certain conditions. The report also indicated that Reverend E. D. Thyr of the Holy Cross Lutheran Church had contacted the Pubic Works Department expressing concern relative to the proximity of the houses and block walls of the proposed tract to their driveway and building development. Upon the request of Mayor Bowen, Reverend E. D. Thyr addressed the Council stating that the Holy Cross Lutheran Church has no objection to the loca- tion of a tract adjacent to their church, but is concerned with the safety problems which would be created with the location of back yards of homes within 30 feet of the roof structure of the church. He further advised that he had been contacted by a representative from Larwin Company who had indicated that although they could not at this time alter the layout of the tract, the Larwin Company would be willing to sell to the Lutheran Church the lots which directly adjoin the property tb~eby increasing the distance between the Church and the tract development to 140 feet. Reverend Thyr further indicated that with the purchase of these lots by the Lutheran Church, another problem would be presented in connection with the future use of these lots by the Church, and it was for this reason that he wished to advise the City Council of the problem. May 27, 1968 Councilman Kanel expressed concern over the necessity of the Holy Cross Lutheran Church having to purchase additional property. The City Manager advised that if a final map is submitted and is found to be in conformance with the approved tentative tract map, it is difficult to propose any changes in the tract layout. The City Attorney advised the Council that the only matter which should be under consideration by the Council at this time is whether or not the subject final tract map is in substantial conformance with the approved tentative map. Reverend Thyr then reviewed ultimate uses for the additional property if acquired by the Lutheran Church. Following discussion relative to the possibility of changing the zone of the lots proposed to be purchased from the Lutheran Church, the Planning Director advised that a church can be located in any zone, ~ubject to the issuance of a conditional use permit. Mr. Arthur Rosenthai, representing Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California, addressed the Council indicating that Larwin Company is willing to negotiate with Reverend Thyr for the purchase of the lots; and in the event negotiations fail, Larwin Company has agreed that only one-story houses would be constructed adjacent to the Church's property. It was moved by Councilman Noe and seconded by Councilman Kanel to approve the Final Map for Tract No. 6549, accept the bonds and agreements for public improvements in the mount of $137,500, which is not less than 50% and not more than 100% of the total improvement; authorize the Mayor and City Clerk to sign the bonds and agreements and authorize the City Clerk to sign the record map upon completion of the following requirements: Complete minor corrections on the public improvement plans and tract map. Approval of bonds end agreements by City Attorney. Approval of application of any optional design fees by the City Manager. 4. Agreement to the above conditions by the developer. Councilman Kanel requested the City Manager to inform the City Council as to how this problem has been resolved between the Holy Cross Lutheran Church and Larwin Cor~any. Councilman Noe's motion was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kenode, Noe, and Bowen None None In response to a question from Mayor Bowen, the City Attorney advised that living within 300 feet of Tract 6549 would not disqualify him from voting on the item. CONSIDERATION OF APPROVAL OF ADMINISTRATIVE AGREEMENTS FOR ARTERIAL HIGHWAY FINANCING PROGRAM: The City Manager presented a report dated May 22, 1968, from the Public Works Director indicating that the Orange County Board of Supervisors and the Orange County Road Department had approved the inclusion of the widening of Moody Street from Orange to Lincoln and Orange Avenue from Moody to 660 feet east of Moody (Arterial Highway Financing Program Project 445); the construction of Walker Street from Cerritos Avenue to Katella Avenue (Arterial Highway Financing Program Project No. 467); and the widening of the Bloomfield Street Bridge (Arterial Highway Financing Program Project No. 453) in the Orange County Arterial Highway Financing Program, which requires the City and County to enter into an Administrative Agreement for each Project. May 27, 1968 In response to a question from Councilman Kenode, the City Manager advised that the Administrative Agreements are prepared by Orange County and would be reviewed as to form by the City Attorney. It was moved by Councilman Kenode and seconded by Councilman Kanel to authorize the Mayor and City Clerk to execute on behalf of the City of Cypress the Administrative Agreements for the widening of Moody Street from Orange to Lincoln Avenue and of Orange from Moody to 660 feet east (.H.F.P. Project 445); the extension of Walker Street from Cerritos to Katella Avenue (A.H.F.P. Project 467); and the widening of the Bloomfield Street Bridge (A.H.F.P. Project 453), subject to approval of the form of the Agreements by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Harvey, Kanel, Kanode, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Bowen CONSIDERATION OF AUTHORIZATION TO PROCEED WITH URBAN ENVIRONMENTAL PLAN: The City Manager presented a report dated May 23, 1968, reviewing dis- cussions which the City Manager and Planning Director have conducted with three landscape architect and urban planner consulting firms relative to the preparation of a general plan of arterial beautification. As a result of these discussions, it became apparent that the $4,000 allocation previously authorized by the City Council was not sufficient to complete the project. The report further reviewed discussions between the City Manager and a representative from the Department of Housing and Urban Development office in Washington, D. C. relative to the procedure for development of an arterial beautification program during w~h it was suggested that the City of Cypress would appear to qualify under the 701 Planning Assistance Program in which the Federal Government parti- cipates to the extent of two-thirds of the cost of the plan. The City Manager advised that the Planning Director had been in contact with the Housing and Urban Development officials in San Francisco and Los Angeles who are of the opinion that the City's program would appear to have merit and could receive high priority. Since allocations for the 701 Program are made on a quarterly basis, the City Manager stressed the desirability for the City to submit an early application which would be considered for the first quarter of the 1968-69 fiscal year. The City Manager indicated that if the City is successful in obtaining approval of a 701 Planning Grant, the Urban Environmental Plan, including arterial beautification could be completed within the $8,000 which had originally been alloced for the Arterial Beautification Program. This would allow for a total project cost of $24,000, which according to the dis cussions with the lands cape and urban planner consultants would appear to be sufficient to complete the study. The City Manager also indicated that as a result of the interviews with the planning consultants, he and the Planning Director concurred that the firm of Eckbo, Dean, Austin and Willjams were highly qualified due to their extensive background in the area of community environmental planning and, therefore, it was recon~nended that ~is firm be requested to submit a definite proposal including scope of the work and estimated costs of the development of an Urban Environmental Plan, which would be presented to the Council for final acceptance, subject to the approval of the 701 Grant by the Federal Government. The Planning Director advised that under the 701 Grant Program the Federal Government would reimburse the City for Staff time which is donated to this project on a 1/3 to 2/3 basis. In answer to an inquiry from Councilman Harvey, the City Manager indicated that the City has budgeted sufficient personnel to adequately maintain existing parkways and stated that the Urban Environmental Plan, if approved, would anticipate the future needs of the City in the area of parkway beautification and maintenance. May 27, 1968 It was moved by Councilman Noe and seconded by Councilman Kanel to authorize the Staff to prepare the necessary documents to request a Planning Assistance Grant under the 701 Program for development of an Urban Environmental Plan, in an amount not to exceed $8,000. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanel and seconded by Councilman Noe to request the Staff to obtain a proposal from the consulting firm of Eckbo, Dean, Austin and Willjams for con~letion of this study. Following general discussion relative to the qualifications of the subject firm, Councilman Kanel's motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF AUTHORIZATION FOR INVESTMENT OF SURPLUS FUNDS: The City Manager presented a report dated May 23, 1968, transmitting a Resolution which provides for investment of surplus funds of the City by the City Treasurer, rather than by the Director of Finance as previously delegated; and designates the City officials authorized to sign checks. This Resolution was required due to recent changes made to the Government Code by the State Legislature in reference to the authority for investing surplus funds and will allow the City Treasurer more flexibility in investing monies. It was moved by Councilman Noe and seconded by Councilman Kanode to adopt the following Resolution, title as follows: RESOLUTION NO. 876 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING RESOLUTION NO. 728, PROVIDING FOR THE INVEST- MENT OF SURPLUS FUNDS OF THE CITY BY THE CITY TREASURER AND DESIGNATING THE CITY OFFICIALS TO SIGN CHECKS. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CLAIM FOR DAMAGES--PROTECTIVE ASSOCIATION OF GOVERNMENTAL EMPLOYEES: The City Manager presented a report dated May 23, ~68, advising that the City Clerk was served a Claim for Damages on May 20, 1968, in the amount of $25,000 by the Protective Association of Governmental Employees for purported injury to this organization as a result of publication of false and defamatory statments in documents entitled "POLICE I{EVIEWBOARD COMMITTEE" which was claimed to have been published and disseminated orally and in writing by City agents and employees. The report further indicated that the Police Chief has reviewed the Claim and has advised that the Police Department has never before seen the documents referred to in the subject Claim and, therefore, the allegation that the document was published both orally and in writing by agents of the City of Cypress is completely without merit. The Police Chief further advised that the personnel of the Cypress Police Departmant do not belong to the Police Officers Research Association of California, nor do they attend meetings of this organization and, there- fore, have had no knowledge of the report prior to the filing of the subject Claim. May 27, 1968 It was moved by CouncRman Harvey and seconded by Councilman Noe to officially deny the Claim for Damages in the amount of $25,000 filed by the Protective Association of Governmental Employees; and to authorize the City Manager to notify the City's insurance carrier of this action. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF APPROVAL OF JOINT AGREEMENT RE: OPERATION OF ORANGE COUNTY AUTOMATIC TELECOMMIFNICATIONS SYSTEM: The City Manager presented a report dated May 23, 1968, advising that the City had been requested to approve amd execute the Joint Agreement between the City and Orange County for operation of the new Orange County Automatic Teleconmnunications System in which the City Council had previously indicated its desire to partici- pate. The new System would require a monthly service charge of $125.50 in addition to the $154.00 one-time installation service for new equipment. In answer to an inquiry from Councilman Kanode, the Police Chief reviewed the operation of the new telecommunications system which will allow direct communication between police agencies in Orange County. It was moved by Councilman Kanode and seconded by Councilman Noe to approve the Joint Agreement for operation of the Orange County Automatic Tele- coranunications System; and to authorize the Mayor to sign and City Clerk to attest the Agreement, subject to approval as to form by the City Attorney. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 19009 THROUGH 19067: It was moved by Councilman Kanel and seconded by Councilman Noe to approve the Commercial Warrant List for Warrants No. 19009 through 19067 in the amount of $41,773.92. In response to a question from Councilman Harvey, the City Manager advised that there were two warrants on the subject Commercial Warrant List relating to the trip to Washington, D. C. which was made by the Mayor and City Manager. He further advised that these Warrants were for reimbursement of actual expenses incurred during their stay in Washington, D. C. and covered such items as meals and transportation. Councilman Kanode reported as a member of the City Audit Committee that he had noted the Mayor's reimbursement request included only meals and transportation which he felt was quite reasonable. Councilman Harvey then indicated that since he had initially opposed the Mayor traveling to Washington, D. C., since it had not been voted on publicly by the Council, he felt obligated to deny those expenses incurred by the Mayor as a result of his trip. It was moved by Councilman Kanode to amend Councilman Kanel's motion to approve the Commercial Warrant List for Warrants 19009 through 19023 and 19025 through 19067 in the amount of $41,763.92. Councilmen Kanel and Noe agreed to the amendment to the original motion. The original motion, as amended by Councilman Kanode, was then unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanode and seconded by Councilman Noe to approve Conmercial Warrant No. 19024 in the amount of $10.00. May 27, 1968 Prior to voting on the motion, the City Manager in response to a question from Councilman Kanel, indicated that the only other Warrant on the Commercial Warrant List involving the Washington, D. C. trip was Warrant No. 19040 which was the expenses incurred on the trip by the City Manager. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEN: Kanel, Kanode, and Noe NOES: 1 COUNCILMEN: Harvey ABSENT: 0 COUNCILMEN: None ABSTAINED:i COUNCILMEN: Bowen Following a request from Councilman Kanel, Councilman Harvey clarified his position in opposing an expenditure for the Mayor to travel to Washington, D. C. due to the fact that the authorization was not approved at a public meeting prior to the trip. He further stated that although the expenditure was later approved by the Council, this was after the fact rather than before the fact. In answer to a question from Councilman Kanel, Councilman Harvey stated that he was opposed to the expenditure because it was not approved in advance by the Council at a public meeting. Councilman Kanel then inquired as to why Councilman Harvey voted for approval of the City Manager's traveling to Washington, D. C. Councilman Harvey stated that the City Manager is a highly paid Staff member and it is his responsibility and job to provide the best possible action for this City, and if it is in the best interests of the City for him to go to Washington, D. C. or Sacramento, this is his responsibility, and what he should do and he has no objection for any man fulfilling his job or responsibility. A public official is elected by the people and is there to protect the public trust and in his opinion is not there to spend the taxpayers money making trips to Washington, D. C. Councilman Kanode indicated that as an elected member of the City Council he feels it the duty and obligation of the Council to protect the citizens' interest in this community; and, if a Councilman feels this means making a trip to Washington, D. C., he feels the trip should be made. Councilman Kanel then stated that the City Manager is a public official and the City Council did approve his traveling to Washington, D. C. He further indicated that he would never take the position that it is an authorized expense to send one person and not an authorized expense to send another. He also indicated, as the City Attorney has stated, the Commercial Warrants are public information and open for inspection. Councilman Kanel then indicated that there are many expenditures made prior to Council approval and he feels that these expenditures are part of the duties of the City officials. Councilman Noe then stated that he would concur in the statements made by Councilman Kanode. Councilman Harvey then stated that it was his understanding that the purpose o f the Council was to present their individual opinions and statements whether they are in complete agreement with those of the other members of the Council or not. Mayor Bowen then indicated that had he not felt it was the best interests of the City to send both the titular head and administrative head of the City to Washington, D. C., he would not have gone. He further stated that in making the trip he lost a total of $40.00 per day for two days for being absent from his job; and, had he not felt the trip was in the best interests of the City, he would not have suffered the loss. Councilman Harvey then stated that he is not questioning Mayor Bowen's sincerity in making the trip to Washington, D. C. in the best interests of the City, but rather the principle. May 27, 1968 CONSIDERATION OF REQUEST FOR BUDGET TRANSFERS--1967-68 BUDGET: The City Manager reviewed the necessity of making a transfer of funds in the amount of $915 from the Engineering Division Salaries Account to the Special Departmental Supplies Account of the Traffic Safety Section of the Public Works Department; the transfer of $150 from the Engineering Division Salaries Account to the Parkways Section Maintenance and Repair of Equipment Account; and a transfer of $690 from the Engineering Division Salaries Account to the Parkways and Grounds Contractual Services Account. It was moved by Councilman Noe and seconded by Councilman Harvey to approve the transfer of $915 from the Engineering Division Salaries Account to the Special Departmental Supplies Account of the Traffic .Safety Section; the transfer of $150 from the Engineering Division Salaries Account to the Parkways Section Maintenance and Repair of Equipment Account; and a transfer of ~690 from the Engineering Division Salaries Account to the Parkways and Grounds Contractual Services Account. The motion was unanimously carried by the following roll call vote: AYE S: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF TRANSFER OF CITY FUNDS: The City Manager advised that arrangements have been made for the City of Cypress to open the first two accounts in the new Cypress Branch of Security First National Bank located at the northwest corner of Ball Road and Walker Street; and requested the Councills authorization to transfer funds from the City's present depository to the subject Bank. The City Manager stated that the City would not withdraw its securities and would utilize all existing checks. The total transfer of funds would not be finalized for several months. It was moved by Councliman Harvey and seconded by Councilman Noe to authorize the orderly transfer of City funds from the Lincoln and Valley View Branch of Security First National Bank to the Walker and Ball Road Branch of~e Security First National Bank to be effective June 6, 1968. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None CONSIDERATION OF PRESENTATION OF PLAQUE TO MISS CYPRESS OF 1967: It was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, to authorize the presentation of a community service plaque to MIss Cypress of 1967 at the City Council meeting of June 10, 1968. CERTIFICATION OF RIGHT OF WAY--VALLEY VIEW FROM CERRITOS TO ORANGE: The City Manager presented a report from the Public Works Director advising that the necessary rights of way for the Valley View Street Improvement Project from Cerritos to Orange Avenue have been acquired and plans and specifications for this project will be submitted to the Orange County Road Department within the next week. Prior to approval of plans and specifications, the County requires certification that right of way has been acquired by the City. The City Manager advised that the rights of way for this Project were acquired from both the Anaheim Union High School District and Mr. John Leal. It was moved by Councilman Noe and seconded by Councilman Kanode to authorize the Mayor and City Clerk to execute the right of way certification for the Valley View Street Improvement Project from Cerritos Avenue to Orange Avenue. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None May 27, 1968 384 SECOND READING ORDINANCE RE: ZONE CHANGE NO. Z-168 (CYPRESS PLANNING COMMISSION): It was moved by Councilman Noe, secondedby Councilman Kanode and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ORDINANCE NO. 90, THE ZONING ORDINANCE, BY CHANGING THE ZONE OF A CERTAIN PARCEL OF LAND FROM R-4 (HIGH DENSITY MULTIPLE-FAMILY RESIDENTIAL), TO R-i (ONE-FAMILY RESIDENTIAL), ZONE CHANGE NO. Z-168. It was raoved by Councilman Kanel and seconded by Councilman Noe to approve the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None ORAL COMMUNICATIONS: There were no oral communications presented at this time. General discussion ensued in connection with various items contained in the May 27, 1968, Progress Report, specifically the requested purchase of bleachers for Little League; tree planting cerenmnies at Cedar Glen Park; and litigation between the City and Squirrel Cage. Councilman Noe moved to adjourn the meeting. Prior to receiving a second on the motion the Council held further discussion. Councilman Kanode stated that on June 5, 1968, the University of Southern California is conducting a seminar in cooperation with the Southern California Association of Governments in which he has been requested to participate. Councilman Kanel indicated that there was a damaged fire hydrant at Orange Avenue and Graham Street, and the City Manager advised that he would advise the agency responsible for maintenance of the hydrant. In response to a question from Mayor Bowen, the Public Works Director reviewed the action taken to correct the condition which was reported to exist in the open ditch on the east side of Carob Street and indicated that an investigation is being conducted to determine in whose jurisdiction the maintenance of the east side of Carob Street is located. In response to a question from Councilman Kanel, the City Manager advised that the Staff had not as yet determined the method to be utilized in maintaining and repairing the fences adjacent to arterials which are located on private property. Councilman Kanode seconded Councilman Noe's previous metion to adjourn at 10:28 p.m. which was unanimously carried. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 2~ ~7 MAYOR OF THE CITY OF CYPRESS May 27, 1968