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Minutes 67-05-08MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD May 8, 1967 The regular meeting of the Cypress City Council was called to order at 3:00 p.m. on May 8, 1967, b~ Deputy City Clerk Dorothy Jones in the City Council Chambers, 5275 Orange Avenue, Cypress, California. PRESENT: None ABS~qT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey There not being a quorum, the Deputy City Clerk declared the meeting adjourned at 3:02 p.m.,until 4:00 p.m. this date. CALL TO ORDER: Mayor Harvey called the meeting to order at 4:00 p.m. in the City Council Chambers, with the following in attendance: PRESENT: Councilmmn Bowen, Kunel, McCarney, Noe, and Harvey ABSENT: None Also presen~ were City Manager/City Clerk Darrell Essex, City Attorney James EriCkson, arid Assistant City Manager Darrell Dalton. MINUTES: Councilman Noe made a motion to approve the minutes of the City Council meeting of April 24, 1967, as mailed; however, the motion died for lack of a second. Following discussion concerning portions of the City Council minutes, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried to approve the minutes of the meeting of April 24, 1967, as mailed with the first paragraph on Page 13 tobe changed to read as follows: "At the request of Councilman Bowen, Mr. Masullo read in full a conmmnication addressed to Assemblyman Cory from Mr. Robert Stone on behalf of Doctor Russell of the Orange County Health Department, indic~ti~g that there were three major potential contributors to the fly problem in the vicinity of Mr. Masullo's residence." STAFF REPORTS AND DISCUSSIONS: Brief discussion was held concerning general rules of conduct for City Council meetings, with reference to the conduct ~ Public Hearings and the proper wording of City Council motions. The City Manager reviewed various items contained in a Progress Report dated May 8, 1967. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to consider participation in a government exhibit during the dedication of the new Anaheim Convention Center. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to accept the offer of the Anaheim Convention Center Dedication Committee for the City tO provide a governmental exhibit during the dedica- tion of the Center from July 12-16, 1967, said exhibit to be coordinated by the City Manager's office. Discussion was held concerning the litigation with the Columbia Outdoor Advertising Company, following which it was agreed to postpone any action on this matter until the adjourned City Council meeting to be held on May 18, 1967. May 8, 1967 The City Attorney reviewed discussions he had held with various legislative representatives in Sacramento regarding the operation of the Fertilizer Plant in the City of Cerritos. In answer to questiom from Councilman Kanel, the City Attorney explained that the Fertilizer Plant had the authority to construct the buildings and equipment at the fertilizer plant; however, a permit to operate had not yet been issued by the Air Pollution Control District. Following further discussion, it was agreed to postpone any action concerning this matter until the City Council meeting of May 22, 1967. Following discussion, it was agreed to schedule the City Council budget discussions for 4:00 p.m. on June 8 and 9, and 9:00 aom. on June 10 and 11. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to consider various items of State legislation at this time. Following a review of Assembly Bill No. 399 by the City Manager, it was moved by Councilman Bowen and seconded by Councilman Noe to go on record in support of Assembly Bill No. 399, which allows cities to impose a local cigarette tax at the rate of 3~a¢ per pack. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None At the suggestion of Councilman Kanel, it was moved by Councilman Bowen, and seconded by Councilman Kanel to consider the remaining items of legis- lation at the evening portion of the meeting. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUCNILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None At the suggestion of Mayor Harvey, it was moved by Councilman Noe, seconded by Councilman McCarney, and unanimously carried, to consider Item No. 9 on the agenda at this time, with reference to City Council appointments to various boards. Following discussion, it was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried to designate Councilman John Kanel as the City's representative on the Orange County Mosquito Abatement District. It was moved by Coancilmm~ Noe, seconded by Coancilman McCarney, and unanimously carried, to designate Councilman Richard Bowen as the City's representative on the Executive Committee of the Orange County League of Cities, effective July 1, 1967. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to designate Councilman John Kanel as the City's representative on the Cypress Park and Recreation District Advisory Board, effective July 1, 1967. It was agreed to postpone appointment of an alternate to this Board antil the Joint Meeting of the City Council and Planning Commission, scheduled for May 18, 1967. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to appoint Councilmen Frank P. Noe and Martin G. McCarney as members of the City Audit Committee. Mayor Harvey requested Councilman Frank P. Noe to serve as his alternate on the Orange County Sanitation District, and Councilman John Kanel to serve as his alternate on the Southern California Association of Governments Committee. City Attorney James Erickson reviewed discussions held at the recent Le ague of California Cities City Attorney Conference with reference to interpreta- tions of the Brown Act. May 8, 1967 RECESS: It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to declare a recess at 5:35 p.m. until 7:30 p.m. CALL TO ORDER: The Mayor called the meeting back to order at 7:30 p.m., with the following in attendance: PRESENT: Councilmen Bowen, McCarney, Noe, and Harvey ABSENT: Councilman Kanel Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Police Chief George Savord, Building Superintendent Tom Nudson, Public Works Director Arthur Schatzeder, and Finance Director Jim Grissom. ORAL COMMUNICATIONS: Mr. Richard Parker, 4662 Ashbury, Cypress, addressed the Council on behalf of the Federation for Con~nunity Affairs, reading a Resolution adopted by the Federation which designed Councilman Frank P. Noe as the recipient of the first Annual Citizenship Award for 1967. COUNCILMAN KANEL ARRIVED AT 7:34 P.M. AND TOOK HIS CHAIR ON THE PODIUM Mayor Harvey commended the Federation for Conmunity Affairs for making such a presentation, following which Mr. Parker presented Councilman Noe with an engraved plaque from the Federation. No further oral communications were presented at this time. CONTINUATION OF PUBLIC HEARING RE: APPEAL OF DECISION OF PLANNING COMMIS- SION RE: ZONE CHANGE NO. Z-153 (INVESTORS TRUSTS~ INC.): The Mayor announced this was the time and place for continuation of the Public Hear- ing to consider an appeal of the decision of the Planning Commission in the denial of an application for amendment to the Zoning Ordinance No. 90 to change the zone from R-1 (One-family Residential) to C-1 (Neighborhood Stores) on property generally located north of the northwest corner of Moody Street and Orange Avenue, known as 9451 Moody Street, requested by William T. and Arliss M. Rogers, 9451 Moody Street, Cypress, California, known as Zone Change No. Z-153, said appeal filed by C. S. Douglass, President, Investors Trusts, Inc., 1801 Avenue of the Stars, Los A~ngeles, California, authorized agents for the applicants. The Mayor declared the Public Hearing open and requested the staff to present its reports. The City Manager stated that the affidavit of posting the Notice of Continuation of the Public Hearing was on file in the Office of the City Clerk. He further advised that a telephone call have been received this date from Mrs. Mueller, representing Investors Trusts, Inc., stating that they wish to withdraw their request for an appeal of the decision of the Planning Commission at this time. The Mayor asked if anyone in the audience wished to speak for or against the subject appeal. Mr. William T. Rogers, owner of the subject property, addressed the Council, stating that he was not aware of Investors Trusts' desire to withdraw their appeal, and he would still be in favor of changing the zone on his property from R-1 to C-1 zoning. In answer to a question from Councilman Kanel, the City Manager indicated that although the appeal applicants, Investors Trusts, had requested withdrawal of the mater, the City Attorney advised that the Council should hear any testimony given at the Public Hearing prior to making a decision on the appeal. May 8, 1967 At the request of Councilman Bowen, Planning Director George Putnam reviewed a report dated March 8, 1967, which set forth the results of a zoning study of the entire northwest corner of Moody Street and Orange Avenue, which confirmed the Planning Co~nission's previous action in denial of the Zone Change to C-1. Mr. A. E. Peterson, 4871 Orange Avenue, Cypress, addressed the Council, stating that he is opposed to commercial zoning on Orange Avenue in the vicinity of the subject zone change, as he would prefer multiple family zoning for his 1.38 acres of property. In answer to a question from the City Counicl, Mr. Peterson indicated he was not opposed to the C-1 zoning requested on Moody Street. Discussion ensued concerning the past considerations by the Council of this matter, with Mayor Harvey reviewing the previous actions of the Council, indicating that the matter before the Council at this time is to either concur in the action of the Planning Con~nission in denial of the zone change, or to approve the zone change to C-1. Councilman Kanel indicated he felt the Council should consider the fact that C-1 property does exist adjacent to the subject property. Mr. James Bartosh, 4920 Orange Avenue, Cypress, addressed the Council, expressing his concern for the need to develop the property on the corner of Moody and Orange, which is currently in an unsightly condition. Mr. Boswell also questioned the need for another service station in this area, following which Mayor Harvey explained that the results of an economic survey conducted of the City, indicated the area could support additional service stations. There being no further oral communications and no written protests, the Mayor declared the Public Hearing closed. Councilman Kanel made a motion to approve Zone Change No. Z-153; however, the motion died for lack of a second. Councilman Bowen indicated he had not seconded Councilman Kanel's motion as he would prefer to see the entire area developed instead of just one parcel. Following dis cussion, it was moved by Councilman Bowen and seconded by Councilman McCarney to concur with the decision of the Planning Commission in denial of Zone Change No. Z-153. The motion was carried by the follow- ing roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey Kanel None Following further discussion concerning development of the entire com~er at Moody and Orange, it was moved by Councilman Bowen and seconded by Councilman McCarney to schedule Public Hearings to consider the change of zoning from R-1 to C-1 for the area of the study conducted by the Planning Commission and Planning Department at the northwest corner of M~ody and Orange. Prior to voting on this motion, further discussion was held. Councilman Bowen stated that his purpose in making the subject motion was to allow the property owners in the area to express their views on the matter. Upon an explanation of various alternate methods in considering the zoning at Moody and Orange, Councilman Bowen withdrew his motion, and Councilman McCarney withdrew his second to the motion. A further motion~made by Councilman Bowen and seconded by Councilman McCarney to direct the Planning Commission to conduct a Public Hearing to determine the best sue and zoning for the property previously considered in a zoning study at the northwest corner of Moody and Orange Avenue. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, KaneL McCarney, Noe, and Harvey None None The Planning Director advised that the Public Hearing before the Planning Commission would be scheduled for Jane 1, 1967 May 8, 1967 COMMUNICATION FROM MAYOR OF CITY OF NORTH LAS VEGAS~ EXPRESSING APPRECIATION FOR DONATION TO GARDEN OF CITIES PROJECT: The City Manager presented a communication dated March 27, 1967, from the Mayor of the City of North Las Vegas, expressing appreciation for the donation of the Cypress Tree to the Garden of Cities project constructed in conjunction with the North Las Vegas Civic Center. The communication further transmitted a copy of the Deed to the plot of ground on which the Cypress tree was planted. It was moved by Councilman Noe, seconded by Councilman Kanel, and unani- mously carried, this communication be received and filed. COMMUNICATION FROM ORANGE COUNTY AIR POLLUTION CONTROL DISTRICT RE: REVISIONS TO DISTRICT'S RULES AND REGULATIONS: The City Manager presented a communication dated April 18, 1967, from the Air Pollution Control District Officer for the County of Orange, transmitting a copy of the proposed revisions to the District's Rules and Regulations, and urging the City Council to recon~nend adoption of the rules to the Orange County Board of Supervisors. Upon the recommendation of the City Manager, it was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to refer this communication to the staff and City Attorney for report and recommendation at the regular City Council meeting of May 22, 1967. COMMUNICATION FROM ORANGE COUNTY MOSQUITO ABATEMENT DISTRICT TRANSMITTING BOARD MEETING MINUTES: The City Manager presented a communication dated April 24, 1967, from the District Manager of the Orange County Mosquito Abatement District, transmitting a copy of the Board meeting minutes of April 20, 1967. It was moved by Councilman Noe, seconded by Councilman Bowen, and unani- mously carried, this communication be received and filed. COMMUNICATION FROM FRANK G. MICHELENA RE: SUPPORT OF ADDITION OF THIRD AIRLINE TO SACRAMENTO FROM ORANGE COUNTY AIRPORT: The City Manager presented a communication dated April 27, 1967, from Frank G. MIchelena, transmitting Resolutions in support of the addition of a third airline at the Orange County Airport for flights between Orange County and Sacramento via San Francisco. The City Manager further advised that a connnunication has been received from Air California, Inc., suggesting a protest to the application for the additional airline service. Following discussion concerning this matter, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to receive and file this communication. COMMUNICATION FROM CYPRESS PARK AND RECREATION DISTRICT RE: CITY REPRESEN- TATIVE TO 1967-68 PARK ADVISORY BOARD: The City Manager presented a communication from the Cypress Park and Recreation District, requesting the City Council to consider the representative to be appointed to the 1967-68 Advisory Board of the Cypress Park and Recreation District. Mayor Harvey advised that during the afternoon session the Council had considered the appointments of Councilmen to various committees, at which time Councilman Kanel was appointed as the City's representative to the Park Advisory Board, effective July 1, 1967. COMMUNICATION FROM NORTH ORANGE COUNTY INDEPENDENT GARAGE OWNERS OF CALIFORNIA~ INC.~ RE: VEHICLE SAFETY CHECK: The City Manager presented a communication from the Publicity Chairman for the North Orange County Independent Garage Owners of California, Inc., advising of a vehicle safety check to be conducted at the Orange Auto Center in Buena Park on May 20, 1967, and requesting the issuance of a Proclamation to indicate the impor- tance of vehicle safety. May 8, 1967 In answer to a question from Councilman Noe, the Police Chief indicated that there are no brake and light safety check stationswithin the City of Cypress. It was moved by Councilman Bowen, seconded by Councilman McCarney, and unanimously carried, to grant the request of the Independent Garage Owners, whereupon Mayor Harvey proclaimed May 20, 1967, as "Vehicle Safety Day" in the City of Cypress. CONSIDERATION OF CITY CODE PROVISIONS RE: DOOR-TO-DOOR SOLICITATION: The City Manager advised that the City Council, at its meeting of April 10, 1967, had requested the report presented by the City Attorney's office regarding the solicitation provisions of the City Code be continued until this meeting. Councilman Bowen stated he had requested a review of the present provisions of the City Code regarding solicitation, as he feels solicitors should be invited to the homes of residents rather than going door-to-door. The City Attorney advised that under the present provisions of the Code which require a solicitor to obtain a permit to go door-to-door, the City Council could impose a condition requiring the solicitor to obtain prior consent from the occupant. Councilman Kanel expressed his feelings regarding the difficulty of regulating solicitors as it pertains to the right of individuals to engage in selling their products. In answer to a question from Councilman Noe, the Chief of Police indicated that there have not been numerous complaints from residents regarding door-to-door solicitors. Councilman Bowen suggested the possiMlity of informing all new residents that door-to-door solicitors are requi red to obtain a permit from the City Council. It was moved by Councilman Noe and seconded by Councilman Kanel to recieve and file the City Attorney's report concerning the soliciation provisions of the City Code, and further to request the Chamber of Commerce to advise new residents of the requirement for solicitors to obtain a Special Permit. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel, McCarney. Noe, and Harvey Bowen None CITY COUNCIL APPOINTMENTS: Mayor Harvey advised that this matter had been considered during the afternoon portion of the City Council meeting, and reviewed the appointmants of the Councilmen to the various conmittees. CONSIDERATION OF FIRE STUDY COMMITTEE REPORT: The City Manager presented a report dated May 4, 1967, transmitting a copy of the Fire Study prepared by the Fire Study Technical Committee appointed by the City Council on November 14, 1966. The City Manager's report further reviewed thmalternate actions which could be taken by the City Council. Following brief discussion, it was moved by Councilman McCarney, and seconded by Councilman Bowen to receive and file the Fire Study Committee report and request the City Manager to pursue in more detail the methods of financing the various types of fire service for consideration at the City Council meeting of June 12, 1967. Prior to voting on this motion further discussion was held. At the request of Mayor Harvey, the City Manager summarized the present fire protection service provided by the Volunteer Department, as well as the costs for providing this type of service. The City Manager further stated that in preparation of the 1967-68 budget, the staff would project the continuation of the existing service, as any change in the type of service would require an additional source of revenue. May 8, 1967 Councilman McCarney~ motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUN CILMFjq: ABSENT: 0 COUNCILMEN: Kanel, McCarney, Noe, and Harvey Bowen None It was further moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to instruct the City Manager to send letters of commendation to the members of the Fire Study Committee, thanking them for volunteering their time and efforts in the completion of this study. RECESS: The Mayor declared a recess at 8:57 p.m. The meeting was called back to order at 9:06 p.m., all City Councilmen being present. REQUEST FOR APPEAL OF DECISION OF PLANNING COMMISSION RE: UNDERGROUND STREET LIGHTING REQUIREMENT: The City Manager presented a report dated May 4, 1967, stating that following the Planning Con~nission denial of a Larwin Company request for waiver of the underground utility requirement for street lighting standards in Tract No. 6276, the Larwin Company requested an appeal of this decision before the City Council. The City Attorney has advised that this matter is not a subject for appeal to the City Council; however, the Council may, if it dis agrees with the Planning Commission decision, request the Planning Commission to reconsider its denial. In answer to an inquiry from Councilmen Kanel, the City ARDrney explained that the underground utility requirement is the only matter pertaining to subdivisions which is not appealable to the City Council, and suggested the Council consider an amendment to the City Code to provide for appeals of this nature. Following discussion, it was moved by Councilman Noe and seconded by Councilman McCarney to concur in the decision of the Planning Commission in requiring the installation of the permanent underground street lighting system on Bloomfield Street by the Larwin Company, and further instruct the staff to prepare the necessary amendment to the City Code to provide for appeals of the Planning Commission decisions regarding waiver of the underground utility requirement to the City Council. The motion was anani- mously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None TRANSFER OF FUNDS--FIRE PROTECTION SERVICES: The City Manager presented a report dated May 4, 1967, outlining the need to authorize a transfer of funds to the Fire Protection Services account in order to pay the final billing for 1966-67 from the Orange County Fire Department. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize the transfer of $1,364.00 from the Reserve for Capital Improve- ments to the Contractual Services Account of the Fire Budget for the 1966- 67 fiscal year. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None APPLICATION FOR FEDERAL AID FOR BEAUTIFICATION: The City Manager presented a report dated April 27, 1967, indicating that the Department of Housing and Urban Development has advised the City of the need for an additional Resolution to be submitted with the City's application for Federal Assis- tance in its Beautification Program. It was moved by Councilman Bowen and seconded by Councilman McCarney to adopt the following Resolution, title as follows: RESOLUTION NO. 770 A RESOLUTION OF THE CITY COUNCIL OFT HE CITY OF CYPRESS, CALIFORNIA, RELATING TO BEAUTIFICATION May 8, 1967 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None PROPOSED DIVISION OF LAND ORDINANCE: The City Manager presented a report dated May 4, 1967, transmitting an amendment to the City Code Chapter 25, regarding the dividing of land four or less lots. The amendment changes the current Code sections from "Record of Survey" to "Division of Land", and complies with the State Subdivision Map Act for Records of Survey. Following a brief explanation of portions of the proposed Amendment, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, the following Ordinance be read by title only, title as follows: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING ARTICLE VI OF CHAPTER 25, OF THE CYPRESS CITY CODE, "RECORD OF SURVEY" It was moved by Councilman Noe and seconded by Councilman Kanel to adopt 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: Bowen, Kanel, McCarney, Noe, and Harvey None None E~EMPT POSITION--ADMINISTRATIVE SECRETARY/DEPUTY CITY CLERK: The City Manager presented a report dated May 4, 1967, reviewing the provisions of the City Code dealing with exemption from the Personnel Merit System for assistant to the City Manager, and suggesting the position of Administrative Secretary/Deputy City Clerk be considered as an exempt position due to the responsibilities and relationship of the position of the City Manager. Following discussion regarding the advantages and disadvanmges of exempt pesitions, it was moved by Councilman Noe and seconded by Councilman McCarney to concur in the request of the City Manager to consider the position of Administrative Secretary/Deputy City Clerk as an exempt position., The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CHANGE OF CLASSIFICATION--ASSISTANT PUBLIC WORKS SUPERINTENDENT TO PUBLIC WORKS FOREMAN: The City Manager presented a report dated May 4, 1967, reviewing the results of a study conducted by the City Manager and Publk Works Director regarding the organization and operation of the Public Works Street Maintenance Division, with specific regard to the need to fill the vacancy of Assistant Public Works Superintendent. The study indicated that the size of the operation of the City's Street Maintenance Division does not warrant the title of Assistant Public Works Superintendent, and the person in charge of the Division should be classified as a Public Works Foreman. It was moved by Councilman Bowen and seconded by Councilman Noe to authorize a change in classification from Assistant Public Works Superintendent to Public Works Foreman at Salary Range No. 28, to become effective on June 12, 1967. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None CERTIFICATION OF EMPLOYMENT LIST FOR SECRETARY: The City Manager presented a report dated May 3, 1967, setting forth the results of an examination ~onductedforthe position of Secretary. It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to certify the employment list for Secretary as submitted. May 8, 1967 APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NO. 16997 THROUGH 17080: It was moved by Councilman Noe and seconded by Councilman McCarney to approve the Commercial Warrant List, Warrants No. 16997 through 17080, in the total amount of $135,674.32. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None SECOND READING ORDINANCE AMENDING CITY CODE RE: CHANGE IN TIME OF CITY COUNCIL MEETINGS TO 4:00 P.M.: It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to read by title only, the following Ordinance changing the time of the afternoon sessions of the City Council meetings to 4:00 p.m. Title of the Ordinance is as follows: ORDINANCE NO. 348 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING GHAPTER 2, ARTICLE I, SECTION 2-1 OF THE CYPRESS CITY CODE RELATING TO THE TIME OF CITY COUNCIL MEETINGS It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt 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: Bowen, Kanel, McCarney, Noe, and Harvey None None REVIEW OF PENDING STATE LEGISLATION: The Mayor advised this was the time to consider the various legislative bills which had been reviewed by the City M~nager in a Progress Report to the City Council and were discussed briefly at the afternoon session of the City Council meeting. At the request of Coancilman Kanel, the action taken at the afternoon session in support of Assembly Bill No. 399, which allows cities to impose a local cigarette tax, was read. The City Manager reviewed A.B. 66, A.B. 623, and S.B. 424, all of which deal with improved procedures for removing abandoned vehicles on public and private property. It was moved by Councilman Bowen and seconded by Councilman Noe to support these three bills. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: Bowen, Kanel, McCarney, Noe, NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None and Harvey The City Manager reviewed S.B. 78 and 79, which are carefully drafted m~asures in the elimination of obscene matters within the rules recently established by the United States Supreme Court, and define those matters which are harmful to children, prohibiting distribution of these materials to children under 18 years of age. The City Attorney advised that these two bills have received the support'of the California Bar Association. It was moved by Councilman McCarney and seconded by Councilman Bowen to support Senate Bills 78 and 79. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None The City Manager reviewed S.Bo 446, which repeals the current provision of the Revenue and Taxation Code, which prohibits cities, counties, and other local governments from levying and collecting income tax. Councilman Kanel indicated he would be opposed to this measure. Following brief discussion, it was nDved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to receive and file Senate Bill No. 446. The City Manager reviewed A.C.A. 35, which provides that money allocated by the legislature to cities to replace revenuas lost by reason of any exemption of personal property from property taxes may be used for local or municipal purposes and need not be used for State purposes, as now provided for in the State Constitution. Following discussion, it was moved by Councilman McCarney, and seconded by Councilman Bowen to support A.C.A. 35. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None The City Manager reviewed Assembly Bill 877, indicating that although the City Council has supported this bill, the League of Cities has suggested that the City indicate support of the inclusion of the measure of curfew and dangerous weapons as items not to be pre-empted by the State. It was moved by Councilman Noe, and seconded by Councilman McCarney to request the State legislators to include in A.B. 877 curfew and dangerous weapons as items not to be pre-empted by the State. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None The City Manager reviewed A.B. 901 and 902, which deal with the compensation, fringe benefits, training, and equipment for Police Officers and define law enforcement as a matter of State concern. He advised that the League's primary opposition to these measures is finding that law enforcement is a State concern. The League is in support of the voluntary aspects of these measures dealing with compensation, retirement, and other benefits. At the request of the Council, the Chief of Police indicated that the Police Association has supported these ~lls. Following further discussion concerning these two bills, it was moved by Councilman Noe, and seconded by Councilman McCarney to receive and file A.B. 901 and 902. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, and Noe Harvey None Councilnknn Bowen suggested the possibility of obtaining the actual copies of these bills for review by the City Council. The City Manager reviewed A.B. 421 and A.B. 430, dealing with time limits for fi ling Workmen's Compensation benefits and for Eommencing proceedings for disabilities, which the League of California Cities has recommended be opposed by the City Council. Discussion ensued concerning the background of the bills recommended for opposition by the League of Cities, following which it was moved by Councilman Bowen and seconded by Councilman McCarney to continue the following bills until the next regular meeting in order for the City Council to receive additional information concerning said bills: A.B. 421, A.B. 430, S.B. 222, S. B. 824, A.B. 776, A.B. 880, A.B. 943, and A.B. 945. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None EXPRESSION OF APPRECIATION FOR RECEIPT OF ANNUAL CITIZENSHIP AWARD: Councilman Frank Noe stated that he wanted to express his appreciation for the Annual Citizenship Award presented to him earlier in the evening by the Federation for Con~nunity Affairs, indicating that it is a great honor to receive this award from a group of citizens who are interested in the community affairs. May 8, 1967 TEMPORARY CLOSING OF ORANGE AVENUE EAST OF BLOOMFIELD STREET: At the request of the City Manager, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to consider a report regarding the temporary closing of Orange Avenue at this time. The City Manager advised that the pipeline contractor for Tract No. 6276 has requested authorization to close Orange Avenue between Denni and Bloomfield for approximately four days in order to allow for the installa- tion of the sanitary sewers. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to authorize the closing of Orange Avenue between Bloomfield and Denni from May 9-12, 1967, in order to allow construction of the sanitary sewer connection. AUTHORIZATION FOR AWARD OF CONTRACT FOR CONSTRUCTION OF MASTER STORM DRAIN FACILITIES IN CONNECTION WITH TRACT 6276: At the request of the City Manager, it was moved by Councilmen Noe, seconded by Councilman Kanel, and unanimously carried, to consider a report regarding the award of contract for construction of the Storm Drain facilities in Tract No. 6276 at this time. THe City Manager advised that the recently approved reimbursement agreement with the Larwin Company for the cons truction of the master storm drain facilities in connection with Tract No. 6276 requires the Larwin Company to obtain bids for completion of the work. THree bids have been received, with the lowest being in the amount of $12,872.00 from the William B. Long Constructors, Inc. In answer to a question from Mr. Peter Van Ruiten, the City Manager stated that copies of the bids were on file ,lth the City. It was moved by Councilman McCarney and seconded by Councilman Kanel to determine that the bid submitted by William B. Long Constructors, Inc., 15816 East Xmar Road, Industry, California, in the amount of $12,872.00 is the lowe~ and best bid and approve the award of the contract by the Larwin Company to the William B. Long Company, with the terms of the contract to be subject to the approval of the City Engineer. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None ORAL COMMUNICATIONS: Councilman Kanel suggested the possibility of the City purchasing a trophy display case which would be utilized by the Cypress Show Stoppers Youth Band for display of its trophies. The City Manager advised that funds for the purchase of a display case were b&ing included in the 1967-68 budget. Councilman Kanel clarified his statements made at a previous Council meeting regarding the Chamber of Comerce subsidy and voiced his objec- tions to being singled out by Mayor Harvey at a(hamber of Corranerce luncheon in which reference was made to his remarks without providing an opportunity for him to express his viewpoint. He further stated that he had concurred in the comments of Councilman Noe in commending the efforts of the Chamber and had made the other remarks regarding the subsidy to generate ~discussion among the City Council members. He also requested that the City Council consider the enactment of ground rules regarding statements to be made at public functions. Councilman Noe stated that although he concurred with a nuxnber of Councilman Kanel's aoranents, Mayor Harvey's statements had not identified any one of the Council members, and further indicated that everyone should be allowed one mistake without too much criticism. Mayor Harvey stated that he did not intend to answer these comments and further that he would stand behind all of his statements. No further oral communications were presented at this time. May 8, 1967 ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to adjourn this meeting at 10:27 p.m. until 7:30 p.m. on May 18, 1967, at which time a joint meeting will be conducted with the Cypress Planning Commission. ATTEST: CITY CLERK OF THE CITY OF CYPRESS MAYOR OF THE CITY OF CYPRE~ May 8, 1967