Loading...
Minutes 68-06-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 10, 1968 The regular meeting of the Cypress City Cotmcil was called to order at 4:00 p.m. on Monday, June 10, 1968, in the City Council Chambers, 5275 Orange Avenue, Cypress, Mayor Richard L. Bowen presiding. PRESENT: Councilman Harvey, Kanel, Kanode, Noe, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Attorney Leonard Hampel, and Administrative Assistant Gene Poertner. MINUTES: It was moved by Councilman Noe and seconded by Councilman Kanel to approve the MInutes of the regular City Council meeting of May 27, 1968, as mailed. Following inquiry from Councilman Kanode, it was moved by Councilman Noe and seconded by Councilman Kanel to amend their motion and approve the Minutes of the Regular City Council Meeting of May 27, 1968, subject to re-wording of the second to the last-paragraph on page 12 to read as follows: "The original motion, as amended by Councilman Kanode, was then unanimously carried by the following roll call vote:" The motion as amended was then unanimously carried. Upon the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Kanel and unanimously carried, to place consideration of a Claim for Damages against the City of Cypress on the agenda for consideration at this time. The City Manager reviewed a Claim for Damages, dated June 7, 1968, from Mr. Larry L. Sherrer, 9080 Bloomfield Street, Space 253, Cypress, California, for damages to his car which purportedly occurred as a result of an accident with a patrol car at the comer of Ball Road and Moody Street in Cypress. It was moved by Councilman Harvey and seconded by Councilman Kanode to deny the Claim for Damages submitted by Mr. Larry L. Sherrer, 9080 Bloomfield Street, Cypress, for damages to his car which purportedly occurred as a result of an accident with a patrol car at the comer of Ball Road and Moody Street; and to request the City Manager to forward this information to the City's insurance carrier for settlement. 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 The City Manager presented the notice of the Executive Meeting of the Orange County League of Cities to be held J~ne 13, 1968. He also presented a communication from the City of La Habra indicating that a report on the status of the Orange County Harbor District will be heard before the Board of Supervisors at its meeting of June 12, 1968, and inviting all Mayors, Councilmen and City Managers to attend this meeting. It was generally agreed that a member of the City Staff would attend this meeting. General discussion ensued in regard to the scheduling of the budget sessions, following which it was agreed that the budget sessions will be held on Friday, June 14, 1968 at 1:00 p.m., Saturday, June 15, 1968 at 9:00 a.m. and on Sunday, June 16, 1968 starting at 10:00 a.m. June 10, 1968 The City Manager reported that he has been advised that the population of the City of Cypress according to the recent State Department of Finance Census is 24,100. He indicated that official notification is anticipated in the near future. General discussion was held relative to the most convenient location for the proposed trophy case and the procedure to be followed in displaying various trophies. The City Manager presented a report on State legislative matters dated June 10, 1968, for the Council's information and review. At this time, City Attorney James Erickson introduced Mr. Stewart Waldrip, an attorney with the firm of Rutan and Tucker. Upon the request of the City Attorney, it was moved by Councilman Kanode, seconded by Councilman Nee and anunimously carried, to go into Executive Session at 4:28 p.m. for the purpose of dis cussing pending litigation, known as Miller vs. City of Cypress; and Cypress vs. Helms. The meeting was called back to order at 5:30 p.m., all City Councilmen being present. RECESS: It was moved by Councilman Nee, seconded by Councilman Kanode and unanimously carried, to recess at 5:34 p.m. until 7:30 p.m. 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, Nee, and Bowen ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Administrative Assistant Gene Poertner, Public Works Director Arthur Schatzeder, Finance Director Jim Grissom, Planning Director George Putnam, Building Superintendent Tom Nudson, and Police Lieutenant Clyde Guard. ORAL COMMUNICATIONS: There were no oral communications presented at this time. PRESENTATION OF RESOLUTION OF COMMENDATION TO STAFF AND STUDENTS OF JULIET MORRIS SCHOOL RE: HISTORICAL PAGEANT: It was moved by Councilman Harvey and seconded by Councilman Nee to adopt the following Resolution, title as follows: RESOLUTION NO. 877 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE STAFF AND STUDENTS OF THE JULIET MORRIS SCHOOL FOR THEIR EFFORTS IN PRODUCING AN ANNUAL FREEDOM MESSAGE PAGEANT. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Nee, and Bowen None None Mayor Bowen then read the above Resolution in full and presented a copy to Mrs. Elizabeth Dickerson, Principal of the Juliet Morris School. Mayor Bowen also gave special recognition to the members of the staff who were responsible for writing and producing the pageant. Mrs. Dickerson thanked the City Council for this presentation on behalf of the students and staff of the Juliet Morris School. Councilman Harvey stated that he is pleased with the manner in which the activities of the Juliet Morris School are conducted. June 10, 1968 PRESENTATION OF COMMUNITY SERVICE PLAQUE TO SUZY KUZ, MISS CYPRESS, 1967: At this time, Mayor Bowen presented a Conmunity Service Plaque to Miss Suzy Kuz, in recognition of her contribution of time and effort to the City during her reign as Miss Cypress of 1967. Miss Kuz thanked the Council for this presentation and expressed her appreciation for the opportunity to participate in cormnunity activities. INTRODUCTION OF JAKKI HARPER~ MISS CYPRESS~ 1968: At this time, Mayor Bowen presented MIss Jakki Harder, who was recently named as Miss Cypress, 1968. Miss Harper expressed her desire to represent the City of Cypress to the best of her ability. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMAN FRANK P. NOE ON BEHALF OF THE ORANG~ COUNTY SANITATION DISTRICT: At this time, Mayor Bowen read in full a Resolution of the Board of Directors of the Orange County Sanitation District commending Councilman Frank P. Noe for his outstanding contribution to the District during his years of service. Mayor Bowen also presented Councilman Noe with a plaque from the Orange County Sanitation District in recognition of his contribution. Councilman Noe expressed his surprise and gratitude for this presentation. Since Item No. 5 was a Public Hearing scheduled for 8:00 p.m., it was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to proceed to Item No. 8 on the agenda and continue until 8:00 p.m. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: ON SALE BEER LICENSE FOR BOOTS AND SADDLE BEER BAR (CLARK): The City Manager reviewed a comanunication dated May 20, 1968, from the Alcoholic Beverage Control Board notifying the City of an application for transfer of an on-sale beer license for the Boots'~nd Saddle Beer Bar, 4352 Lincoln Avenue, Cypress, from Rex O. McDonald to Dave and Patricia J. Clark. The Police Department investigation of the applicants revealed no legal basis for protesting the application. It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried, this communication be received and filed. In answer to an inquiry from Councilman Kanel, the City Manager indicated that the Boots and Saddle was formerly known as the Pour House. COMMUNICATION FROM ALCOHOLIC BEVERAGE CONTROL BOARD RE: NEW VETERANS' CLUB LICENSE (AMERICAN LEGION CYPRESS POST NO. 295): The City Manager reviewed a communication dated May 22, 1968, from the Alcoholic Beverage Control Board notifying the City of an application for a new Veterm~s' Club License requested by the American Legion Post No. 295, 9739 and 9739½ South Walker Street, Cypress. The Police Department investigation of this applica- tion revealed no basis for protest. It was meved by Councilman Noe and seconded by Councilman Kanode this communication be receded and filed. In response to a question from Councilman Kanel, the City Attorney advised that as long as a Councilman is not an officer in a particular organization of which he is a member, he may vote on items concerning the organization. Councilman Noe's metion was then unanimously carried. COMMIrNICATION FROM CYPRESS JUNIOR WOMEN'S CLUB RE: DEDICATION CEREMONIES AT CEDAR GLEN PARK: The City Manager reviewed a communication dated May 27, 1968, from Sandra Griggs, Corresponding Secretary of the Cypress Junior Women's Club, extending an invitation to the Mayor and members of the City Council to attend the dedication ceremonies to be held Saturday, June 15, 1968 at I1:00 a.m. at Cedar Glen Park in honor of the military platoon adopted by the Junior Women's Club. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, to authorize the City Manager to notify Mrs. Griggs that all members of the Council will be in attendance at the dedication ceremonies. June 10, 1968 COMMUNICATION FROM CITY OF NEWPORT BEACH RE: ORANGE COUNTY AIRPORT: The City Manager presented a connnunication dated May 29, 1968, from the City of Newport Beach transmitting a copy of a Resolution of the City Council of Newport Beach expressing its policy concerning the use and development of the Orange County Airport. Councilman Harvey indicated his reluctance to become involved in the controversy over development of Orange County Airport. It was moved by Councilman Noe, seconded by Councilman Kanode and unanimously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT RE: MINUTES OF BOARD OF TRUSTEES MEETING: The City Manager reviewed a communication dated May 22, 1968, from the Orange County Mosquito Abatement District transmitting a copy of the minutes of the Board of Trustees meeting held May 16, 1968. A copy of these minutes is on file in the office of the City Clerk. It was moved by Councilman Harvey, seconded by Councilman Noe and unanimously carried, this cormnunication be received and filed. COMMUNICATION FROM CALIFORNIA JUDICIAL MERIT PLAN COMMITTEE REQUESTING ENDORSEMENT OF CALIFORNIA JUDICIAL MERIT PLAN: The City Manager presented a communication dated Jane 4, 1968, from Mr. William F. Bramstedt, Chairman of the California Judicial Merit Plan Committee, requesting the endorsement of the City Council of the California Judicia~ M~rit Plan. In response to a question from Councilman Harvey, the City Attorney advised that the California Bar Association feels this Plan is a substantial improvement over the methods now utilized in selecting judges. In response to a question from Councilman Kanode, the City Attorney indicated that the Judicial Merit Plan would be a measure on the November, 1968 Ballot. It was moved by Councilman Harvey and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 878 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDORSING TIlE CALIFORNIA JUDICIAL MERIT PLAN The motion was annanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None COMMUNICATION FROM LONG BEACH SHRINERS RE: WAIVER OF ADMISSIONS TAX AND BUSINESS LICENSE FEE FOR ANNUAL CIRCUS: The City Manager reviewed a communication dated Jane 6, 1968, from Mr. LeManquais, Executive Secretary of the Long Beach Shriners, requesting a waiver of the Admissions Tax and Business License fee for a circus which will be held at the Los Alamitos Race Course on Saturday and Sanday, Jane 15 and 16, 1968. The City Manager advised that similar waivers have previously been granted for this activity based on the non-profit status of the organization. Councilman Kanel expressed concern as to whether insurance is provided by organizations, such as the Shriners, which would hold the City of Cypress harmless for injuries which occur during these activities. The City Manager indicated that the City requires electricl permits for the installation of carnival equipment which insures that the equipment will be inspected by the City Building Department. The Building Superintendent further advised that the companies responsible for installing the carnival equipment must be licensed by the State and if the City finds any defects in the building, electricl or mechanical portions of the equipment, the State is contacted to investigate the defects. Jane 10, 1968 It was moved by Councilman Harvey and seconded by Councilman Noe to waive the admissions tax for the annual circus to be held at the Los Alamitos Race Course on Saturday and Sunday, June 15 and 16, 1968, as sponsored by the Long Beach Shriners. 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 Harvey and seconded by Councilman Noe to waive the business license requirement for the annual circus to be held at the Los Alamitos Race Course on Saturday and Sunday, June 15 and 16, 1968, as sponsored by the Long Beach Shriners. 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 RECESS: The Mayor declared a recess at 7:58 p.m. The meeting was called back to order at 8:00 p.m., all City Councilmen being present. CONTINUATION OF PUBLIC HEARING RE: AMENDMENT TO MASTER PLAN OF DRAINAGE (WATSON~ WALKER AND LINCOLN AREA): The Mayor announced this was the time and place for continuation of the Public Rearing to consider an amendment to the Master Plan of Drainage in the Watson, Walker and Lincoln area, initiated by the Secretary of the Planning Commission. As the Public Hearing was already open, the Mayor requested the Staff to present its reports. The City Manager read into the record of the Public Hearing a report dated June 6, 1968, indicating that the affidavits of posting and publication of the Public Hearing notices and the Notice calling for continuation of the Public Hearing are on file in the office of the City Clerk and no written coranunications have been received either in favor of or in opposition to the proposed amendment. The Public Works Director read into the record of the Public Hearing a report dated June 6, 1968, outlining the scope of the proposed amendment which consists of changing the drainage facility at the end of Watson Street to conform with Alternate "C" of the Floor Water Disposal Study in the Walker-Lincoln area previously approved by the City Council. The amendment will also provide for inclusion of a proposed concrete pipe storm drain in Grindlay extending from north of Lincoln southerly to the 2-A-3 facility. This amendment will increase the total cost of existing and proposed facilities from $4,169,800 to $4,226,900. The boundaries of the Drainage District have also been revised to include the area annexed by in Annexation No. 67-3. The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the proposed amendment. Councilman Noe indicated that he would abstain from voting on this amend- ment since he owns property within the area under consideration. General discussion ensued in connection with the scope of the proposed amendment. There being no written communications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING THE CITY ENGINEER'S REPORT ON THE REVISION OF THE MASTER PLAN OF DRAINAGE. June 10, 1968 The motion was 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 It was moved by Councilman Kanel and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING AN AMENDMENT TO THE MASTER PLAN OF DRAINAGE The motion was unanimously 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 PUBLIC HEARING RE: SPECIAL PERMIT FOR SOLICITATION OF DRIVEWAY AND PARKING LOT SEALING WITH GILSABIND (DONALD B. SNYDER): The Mayor anno~mced this was the time and place for the Public Hearing to consider an application for Special Permit to allow the solicitation of driveway and parking lot sealing with Gilsabind in the City of Cypress, as requested by Donald G. Snyder, 1025 Oak Forest Lane, Pasadena, California. 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 June 6, 1968, indicating that the affidavits of posting and publication of the Public Hearing notices for this matter are on file in the office of the City Clerk and no written con~nunications have been received either in favor of or in opposition to the application. The report indicated that the Police Department has completed an investigation of the applicant and has found no legal basis to protest this application. The Police Chief had suggested that the Council consider the possibility of conditioning the permit on the requirement that the applicant provide Cypress residents who contract for this service with a surety bond for services rendered. The report further indicated that the City Council is required to determine whether or not to issue, deny or conditionally approve the subject permit if it is determined that the business comports with the peace, health, safety, convenience, good morals and general welfare of the public; or further, that the applicant, his employees or associates are fit to be trusted with the privileges grunted by the permit or whether or not they have a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The Mayor asked if anyone in the audience wished to speak in favor of the subject permit. Mr. Donald Snyder, 1025 Oak Forest Lane, Pasadena, California, addressed the Council reviewing his experience with Gilsabind products and generally explaining the operation. He further indicated that their initial solici- tation will not be on a city-wide door-to-door basis. Their primary reason for seeking a permit is to allow them to solicit in areas in which they are currently working. In connection with the suggestion of the Police Chief to require Mr. Snyder to furnish a surety bond to each of his customers, Mr. Snyder indicated that this requirement would be difficult to fulfill. He further indicated that there are controls placed on his company to insure that the property owner receives a satisfactory performance. In reference to the surety bond requirement, the City Manager advised that this Special Permit could be revoked by the City Council if it was determined that the work being accomplished was not satisfactory to the citizens in Cypress. June 10, 1968 General discussion was held in connection with the composition of the material to be applied and the average cost to the property owner. Mr. Snyder further indicated that the contract between his company and the property owner states the composition of the material. The City Manager suggested that the City Council consider imposing a condition which would prevent the possibility of Mr. Snyder's company and employees advertising any endorsement of Gilsabind products by the City of Cypress. Although Mr. Snyder advised that he had filed a copy of the specifications for this product with the Finance Department upon applying for a City business license, the City Attorney advised that an additional set of specifications and contract documents be maintained in the City Clerk's files in reference to this Special Permit. In response to a question from Councilman Harvey, the City Manager reviewed the procedure followed for renewal of special permits. There being no written con~nunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Councilman Harvey and seconded by Councilman Noe to approve the application submitted by Donald G. Snyder, 1025 Oak Forest Lane, Pasadena, California, to allow the solicitation of driveway and parking lot sealing with Gilsabind in the City of Cypress, subject to the following conditions: All employees who will be involved in the door-to-door solicitation shall be registered with the Cypress Police Department. A copy of the specifications and the sales contract documents shall be maintained in the office of the City Clerk. The applicant or his employees are not to advertise Gilsabind as being endorsed in any way by the City of Cypress. 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 SOLICIT LANDSCAPE CONTRACT SERVICES (JOHN A. RAWLEY): The Mayor announced this was the time and place for the Public Hearing to consider an application for Special Permit to allow the solicitation of landscape contract services in the City of Cypress, as requested by John A. Rawley, 16641 Mockingbird Road, RIverside, California. The Mayor declared the Public Hearing open and requested the Staff to present its reports. The City Manager presented a report dated June 6, 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 written communications have been received either in favor of or in opposition to the requested permit. The report also indicated that the Police Department has cor~leted an investigation of the applicant and has found no legal cause to protest the subject application. The Police Chief has suggested the possibility of conditioning the permit on the requirement that the applicant provide Cypress residents who contract for this service with a surety bond for services rendered. The report also indicated that the City Council, following the Public Hearing, is required to determine whether or not to ssue, deny or conditionally approve the subject permit if it is determined that the business will comport with the peace, health, safety, convenience, good morals, and general welfare of the public; and further that the applicant, his employees or associates are fit to be trusted with the privileges granted by the permit or whether or not they have a bad moral character, intemperate habits or a bad reputation for truth, honesty, or integrity. June 10~ 1968 The Mayor asked if anyone in the audience wished to speak in favor of or in opposition to the requested permit. The applicant was not present at the Public Hearing. In answer to a question from Councilman Kanel, the Finance Director reviewed the circumstances by which the City is informed of solicitors operating without a business license and/or special permit which is primarily from inquiries from citizens. The Finance Director then advised that the mlicitation activities of the subject applicant was brought to his attention by a citizen who was dissatisfied with the performance received from the applicant. In response to further questions, the Finance Director advised that the City will not issue a business license to any firm which is not licensed by the State of California Contractor's License Board. He further advised that any person possessing a valid City Business License is authorized to distribute samples and advertising fliers but may not conduct door-to-door solicitation. In answer to an inquiry from Com%cilman Harvey, the City Manager stated that the applicant had been contacted and advised that the Public Hearing for the application for Special Permit would be held this evening. There being no written connnunications and no oral protests, the Mayor declared the Public Hearing closed. It was moved by Coancilman Harvey and seconded by Councilman Noe to deny the application for Special Permit to allow the solicitation of landscape contract services in the City of Cypress, requested by John A. Rawley, 16641 Mockingbird Road, Riverside, California. Following general discussion, Councilman Harvey'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 General discussion ensued relative to enforcing the Special Permit provi- sions of the City Code concerning solicitation and Mayor Bowen requested that the City Manager request the citizens' cooperation in enforcing these provisions in the next Newsletter. RECESS: The Mayor declared a recess at 9:02 p.m. The meeting was called back to order at 9:10 p.m., all City Councilmen being present. CONSIDERATION OF AWARD OF CONTRACT FOR CITY TOWING SERVICE: The City Manager presented a report dated June 6, 1968, advising that the current contract for towing service between the City of Cypress and Cypress Auto Tow expires on June 30, ~68, and that Mr. Leo C. Hansen, owner of Cypress Auto Tow, has requested renewal of the contract for a one-year period under the same terms and conditions as currently exist. The report further indicated that the Police Chief in a review of the activities of Cypress Auto Tow Service has indicated that the service rendered by this company during the past ~iscal year has been considered adequate and no complaints have been received from police personnel or from the public. The Police Chief further recormnended renewal of the current towing service contract due to the fact that no competitive business exists in the City and it is necessary that the towing service be locally based in order to take care of daily dispositions that must be made of stored or impounded vehicles. It was moved by Councilman Noe and seconded by Councilman Kanel to renew the designation of the Cypress Auto Tow Service as the City towing service for a period ending June 30, 1969, with the condition that the Cypress Auto Tow Service continue to adhere to the specifications and rates as outlined in the existing agreement with the Cypress Auto Tow Service. 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 June 10, 1968 CONSIDERATION OF REQUEST FOR AUTHORIZATION TO FILE APPLICATION FOR FEDERAL SEWER AND WATER GRANT: The City Manager presented a report dated June 6, 1968, indicating that the City has received the necessary forms for applying for funds under the Basic Sewer and Water Grant Program of the Federal Government and in order to officially submit this application, it is required that the City Council adopt a resolution which authorizes the filing of the application and further delegates an official of the City to execute and file the application on behalf of the City. The report further outlined the major storm sewer projects which would be included under the application, including the completion of the ultimate facilities required in the former 2-A Drainage District and the extension of the Dairyland Storm Channel from Walker Street south and the construction of the major storm sewer required in Walker Street from Cerritos south to the Bolsa Chica Channel. The estimated total application will be $600,000, which would mean a total construction estimate of storm sewer facilities in the amount of $1,200,000, with the city's share of this program being financed through the sale of storm sewer bonds. The report further advised that the State office of Housing and Urban Development has requested that a pre-application meeting be held in its offices with the City Manager, Planning Director, and Public Works Director to review the scope of the project. General discussion was held relative to the extent of the projects sub- mitted for participation by the Federal Government and the methods to be utilized by the City in financing the construction of the remaining master drainage facilities not included in the application. In response to a question from Councilman Noe, the City Manager stated that the Resolution of authorization was requested to be submitted by June 7, 1968 and it is important that the City supply the Housing and Urban Development officials with as much information as possible to assist in their review of the City's application. The City Manager further stated that the final application would be avail- able for the Council's review at its meeting of June 14, 1968. It was moved by Coancilman Noe and seconded by Councilman Harvey to adopt the following Resolution, title as follows: RESOLUTION NO. 881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AUTHORIZING FILING OF APPLICATION WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, FOR A GRANT UNDER P.L. 89-117 The motion was unanimeusly carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILM1N: Harvey, Kanel, Kanode, Noe, and Bowen None None It was then moved by Councilman Noe and seconded by Councilman Kanode to authorize the City Manager to file the application on behalf of the City and to further authorize the reimbursement of actual and necessary expenses for the City Manager, Planning Director and Public Works Director to attend the pre-application conference on this application in San Francisco on Thursday, Jane 13, 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 APPROVAL OF AGREEMENTS AND ACCEPTANCE OF DEEDS FROM THE LOS ALAMITOS RACE COURSE ET AL AND APPROVAL OF THE JOINT POWERS AGREEMENT WITH THE CITY OF LOS ALAMITOS REGARDING KATELLA AVENUE IMPROVEMENT: The City Manager presented a report dated June 6, 1968, reviewing negotiations which have been conducted between the City of Cypress and the Los Alamitos Race Course and other property owners on the north side of Katella from the east City limits to the proposed extension of Walker Street for the dedica- tion of right of way and the completion of required street improvements, June 10, 1968 including curb and gutter and drainage easements to be included with the City of Los Alamitos Katella Avenue Improvement Project which will be scheduled for construction during the summer of 1968. These improvements will be constructed in participation with the City of Los Alamitos' improvement project which will require execution of a Joint Powers Agree- ment between the City of Los Alamitos and the City of Cypress. The report also reviewed the various deeds, agreements, and other documents for dedication of the additional right of way on Katella Avenue and for partici- pation by property owners with the City in the additional construction, the cost of which is estimated at $35,000. The right of way for both the street iraprovements and the required drainage easements has also been executed by all parties and advertisement for bids and award of contract should be awarded some time prior to the end of June 1968. Following discussion, it was moved by Councilman Kanel and seconded by Councilman Noe to approve the Joint Powers Agreement between the City of Cypress and the City of Los Alamitos for the inclusion of the additional street improvements required on the north side of Katella from the east City limits to the proposed extension of Walker Street to be included as part of the Los Alamitos Katella Avenue Project. The metion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: ~ COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Noe, and Bowen None None It was moved by Councilman Kanel and seconded by Councilman Kanode to authorize the City Manager to accept and record the deeds of right of way and easements from adjacent property owners on Katella Avenue. In response to a question from Councilman Kanel, the City Manager indicated that the agreement between the City and the Los Alamitos Race Course should be approved separately. He explained that the Race Course wished to dedicate the property in fee to the City rather than granting an ease- ment which would mean that in the future if the City desires to vacate this property it would have to be accomplished through public auction. Councilman Kanel's motion was then 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 It was moved by Councilman Kanel and seconded by Councilman Noe to approve and authorize the Mayor to sign and the City Clerk to attest the agreement between the City of Cypress and the Los Alamitos Race Course et al guaranteeing payment for the additional street improvement costs for construction of the Katella Avenue Improvement Project, to be constructed in cooperation with the Katella Avenue Project in the City of Los Alamitos. The metion 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. 5374 (LARWIN COMPANY): The City Manager presented the Final Map for Tract No. 5374, located north of Ball Road midway between Denni and Bloomf~ald Street consisting of 13.70 acres, 141R-1 lots, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. The City Manager then presented a report dated June 6, 1968, from the Publi.c Works Director reviewing the subject map and recommending approval, subject to the developer's compliance with certain conditions. It was moved by Councilman Harvey and seconded by Councilman Noa to approve the Final Map for Tract No. 5374, accept the bonds and agreements for public improvements in the amount of $111,400.00, which is not less than 50% or more than 100% of the total improvements, authorize the Mayor and City Clerk to sign the agreements and authorize the City Clerk to sign the record map upon completion of the following requirements: June 10, 1968 Completion of corrections required on the improvement plans and Final Tract Map for Tract No. 5374. 2. Approval of bonds and agreements 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, Nee, and Bowen None None CERTIFICATION OF EMPLOYMENT LIST--CLERK TYPIST: The City Manager presented a report dated June 10, 1968, reviewing the results of an open competitive examination for the position of Clerk Typist. It was moved by Councilman Harvey, seconded by Councilman Nee and unanimously carried to certify the employment list for Clerk Typist as submitted. CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 19068 THROUGH 19143: It was moved by Councilman Harvey and seconded by Councilman Kanode to approve the Con~nercial Warrant List for Warrants No. 19068 through 19143 in the amount of $57,164.66. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Nee, and Bowen None None SECOND READING ORDINANCE RE: UNIFORM BUILDING CODE~ 1967 EDITION WITH AMENDMENTS: It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried to read the following Ordinance by title only, title as follows: ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ENDING 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 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, Nee, and Bowen None None SECOND READING ORDINANCE RE: ADOPTION OF UNIFORM PLUMBING CODE 1967 EDITION WITH AMENDMENTS: It was moved by Councilman Harvey, seconded by Councilman Kanode and unanimously carried, to read the following Ordinance by title only, title as follows: ORDINANCE NO. 378 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, THEREBY ADOPTING BY REFERElqCE, THE UNIFORM PLUMBING CODE, 1967 EDITION. It was moved by Councilman Harvey and seconded by Councilman Kanode to approve the second reading of this Ordinance. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILM~q: ABSENT: 0 COUNCILMEN: Harvey, Kanel, Kanode, Nee, and Bowen None None June 10, 1968 The City Manager advised the City Council that he had received a copy of a communication addressed to the City Council of Hawaiian Gardens dated June 4, 1968, from Mr. Daniel P. Sullivan requesting that the development of the property located in the City of Hawaiian Gardens at the intersection of Bloomfield Street and Orange Avenue be developed with uses compatible with surrounding areas in the City of Cypress; and voicing an objection to the property being developed as a mobile home park. The City Manager and City Attorney advised the City Council that, although the City Council has no control over zoning and development of properties located in the City of Hawaiian Gardens, the City Council could advise the City of Hawaiian Gardens as to the City of Cypress' suggestions for zoning and development of properties located adjacent to the City. During discussion regarding the possible development of a mobile home park on the property, the City Council was advised by the Planning Director that he had been advised that a mobile home park is an allowable use in the zone which exists on the property and, therefore, it is doubtful that any public hearings will be held on this matter. It was moved by Councilman Kanel and seconded by Co~mcilman Kanode to request the City Staff to contact the City Manager and City Council of the City of Hawaiian Gardens and advise them of the concern of the Cypress City Council and residents neighboring the City of Hawaiian Gardens relative to the trailer park zoning which currently exists in the vicinity of Bloomfield Street and Orange Avenue; and authorizing the Cypress Planning Director to attend any meetings at which the proposed use of that parcel is discussed; and to further notify Mr. Sullivan of the City Council's action in this matter. Following discussion, the motion was unanimously carried. ORAL COMMUNICATIONS: There were no oral communications presented at this time. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe and seconded by Councilmm~ Harvey to adjourn the meeting at 10:03 p.m. to Friday, June 14, 1968 at 1:00 p.m. in the Administrative Conference Room in the West Wing of the Cypress Civic Center, 5275 Orange Avenue, Cypress, California. Councilman Kanel amended the motion to further indicate that this Council meeting be adjourned in memory of the late Senator Robert F. Kennedy and that the City Manager be requested to advise Mrs. Robert Kennedy of the Council's action. Councilman Noe and Harvey agreed to include this amendment as part of the original motion, following which it was unanimeusly carried. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY >'C~RN' 6~ THE C~TY OF CYPRESS June 10, 1968