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Minutes 67-09-11134 MINUTES OF THE CITY COUNCIL OF THE CITY OF CYPRESS HELD September ll, 1967 The regular meeting of the Cypress City Council was called to order at 4:00 p.m. on September 11, 1967, in the City Council Chmnbers. 5275 Orange Avenue, Cypress, California, Mayor Robert C. Harvey presiding. PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex and City Attorney James Erickson. MINUTES: It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to approve the Minutes of the meeting of August 28. 1967, as mailed. It was moved by Councilman Noe, seconded by Councilman Kanel, and unanimously carried, to approve the Minutes of the meeting of September 1, 1967, as mailed. STAFF REPORTS AND DISCUSSIONS: City Attorney James Erickson advised the City Council that he had dis- cussed the statements, which were reported to have been made by Mr. Howell, criticizing the manner in which the Cypress Civic Center was developed, and that the remarks had not been made by Mr. Howell. The City Manager advised the City Council that Mr. McCarger had submitted a cormnunication to the City indicating that he would not be available for consideration for appointment to the Cypress Civic Center Corporation and inquired as to whether or not the City Council wished to recomnend another person for consideration by the Corporation for appointment to fill the existing vacancies on the Board. Following discussion in reference to the procedures to be used by the Corporation in filling the vacancies, the Mayor suggested, with unanimous agreement of the City Council, that Mr. Ray Ritchie be recommended for consideration by the Corporation for appointment to the Board of Directors. The City Manager reviewed the condition which had been placed by the City Council upon the approval of the Cypress Chamber of Commerce Contract renewal relative to conducting quarterly meetings between the City Council and the Cypress Chamber of Commerce Board of Directors and suggested that the Council might wish to consider a date for this quarterly meeting. It was unanimously agreed that the quarterly meeting between the City Council and the Cypress Chamber of Commerce Board of Directors be held on Monday, September 18, 1967, at 7:30 p.m. in the City Hall. The City Manager stated that the Cypress Chamber of Commerce, in anticipation of Don Knotts attending the ground-breaking ceremonies at the Cypress Plaza Shopping Center at Ball Road and Walker Street on September 12, 1967, had requested that the City Council consider appointing Don Knotts as Honorary Mayor for the day. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, to place this matter on the agenda at this time. APPOINTMENT OF DON KNOTTS AS HONORARY MAYOR OF THE CITY OF CYPRESS: It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to appoint Don Knotts as Honorary Mayor of Cypress. SeDtembar 11. Upon a request from the City Manager, it was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, that a Claim for Damages from M. H. and Kathy Marley be placed as Item 18 a. on the agenda for the evening portion of the meeting. The City Manager reviewed a letter for the City Council's information from the Orange County Mosquito Abatement District regarding the City Council's recent request of the District to abate a mosquito nuisance which report- edly existed in the Carbon Creek Channel between Moody and Walker Streets. The communication indicated that the inspectors of the Mosquito Abatement District could find no evidence of mosquito breeding in the Channel and further explained the regular preventive program which is utilized by the District. The City Manager notified the City Council that the General Assembly meeting of the Southern California Association of Governments will be held on September 29, 1967. The City Manager presented a communication which had been received by the Mayor from the Constitution Week Observance Committee requesting the City Council to proclaim the week of September 11 through 18, 1967, as "Constitution Week". It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to consider this matter as Item 7 a. on the evening portion of the City Council agenda. The City Manager presented the members of the City Council with invitations from the Cypress Chamber of Commerce to attend the Kick-Off Dinner for Cypress Beautification Day sponsored by Woman's Club of Cypress and Cypress Chamber of Commerce to be hold on September I6, 1967, at 6:30 p.m. Discussion was introduced by Councilman Noe in regard to all five members of the Planning Commission being authorized to attend the 1967 League of California Cities Conference in San Francisco. It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to place this matter on the agenda for consideration at this time. CONSIDERATION OF AUTHORIZATION FOR PLANNING COMMISSIONERS TO ATTEND ANNUAL LEAGUE OF CALIFORNIA CITIES 1967 CONFERENCE IN SAN FRANCISCO: Following a general discussion regarding the advantages and disadvantages of authorizing all members of the Planning Commission to attend the 1967 Annual League of California Cities Conference in San Francisco, it was moved by Councilman Kanel and seconded by Councilman Noe to authorize the attendance of all five of the Planning Commissioners at the 1967 League of California Cities Conference in San Francisco. The motion failed to carry by the following roll call vote: AYES: 2 COUNCILMEN: NOES: 3 COUNCILMEN: ABSENT: 0 COUNCILMEN: Kanel and Noe Bowen, McCarney, and Harvey None RECESS: It was moved by Councilman Kanel, seconded by Councilman Noe, and unanimously carried, to declare a recess at 4:35 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 follow- ing in attendance: PRESENT: Councilmen Bowen, Kanel, McCarney, Noe, and Harvey ABSENT: None Also present were City Manager/City Clerk Darrell Essex, City Attorney James Erickson, Assistant City Manager Darrell Dalton, Administrative Assistant Gene Poertner, Finance Director Jim Grissom, Planning Director George Putnam, Public Works Director Art Schatzeder, Building Superinten- dent Tom Nudson, and Police Lieutenant Robert Murray. September 11, 1967 RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FORMER PLANNING COMMISSIONER LEO BAROLDI: It was moved by Councilman Kanel and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING LEO BAROLDI FOR HIS SERVICE TO THE COMMUNITY ON THE CYPRESS PLANNING COMMISSION. 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 RESOLUTION OF COMMENDATION AND PRESENTATION OF COMMUNITY SERVICE PLAQUE TO FORMER PLANNING COMMISSIONER FRANK FERREIRA: It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the follow- ing Resolution, title as follows: RESOLUTION NO. 810 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING FRANK FERREIRA FOR HIS SERVICE TO THE COMMUNITY ON THE CYPRESS PLANNING COMMISSION. 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 Mayor Harvey then read Resolution No. 810 in full and presented Mr. Ferreira with a signed copy, thanking him on behalf of the City Council for his many years of service to the Community as a member of the Cypress Planning Commission. The Mayor then presented Mr. Ferreira with a Community Service Plaque. Mr. Ferreira thanked the Mayor and members of the City Council for the Resolution and Community Service Plaque. Mayor Harvey then read Resolution No. 809 in full and presented Mr. Leo Baroldi with a signed copy, thanking him on behalf of the City Council for his service to the Community as a member of the Cypress Planning Commission. The Mayor then presented Mr. Baroldi with a Community Service Plaque. Mr. Baroldi thanked the Mayor and members of the City Council for the presentation of the Resolution and Community Service Plaque. RESOLUTION OF COMMENDATION AND PRESENTATION OF RESOLUTION TO CYPRESS BOBBY SOX SENIOR ALL STAR TEAM OF 1967: It was moved by Councilman Noe and seconded by Council Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 811 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING THE MEMBERS OF THE CYPRESS BOBBY SOX SENIOR ALL STAR TEAM The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None Mayor Harvey then read Resolution No. 811 in full and presented a signed copy of the Resolution to Mrs. Ann Nieto, Manager of the All Star Team. Mrs. Nieto thanked the Council for this presentation. September 11, 1967 ORAL COMMUNICATIONS: There were no oral communications presented at this time. WRITTEN COMMUNICATION FROM PUBLIC UTILITIES COMMISSION RE: APPLICATION OF GRAY LINE TOURS COMPANY RE: RATE INCREASES: The City Manager presented a communication dated August 22, 1967, from the Public Utilities Commission notifying the City that an application has been submitted by Gray Line Tours Company for authorization to increase rates, which includes increased tour rates to the Los Alamitos Race Track. A copy of the proposed tour rate schedule is on file in the Office of the City Clerk. It was moved by Councilman Kanel, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. WRITTEN COMMUNICATION FROM ASSEMBLYMAN BOB MONAGAN RE: ASSEMBLY JOINT RESOLUTION NO. 29 CONCERNING FEDERAL TAX SHARING PROGRAM: The City Manager presented a communication dated September 4, 1967, from Assembly- man Bob Monagan transmitting a copy of Assembly Joint Resolution No. 29, which requests the Congress of the United States to enact some form of a federal tax sharing program, and further urging the City Council to adopt a similar resolution in support of this program. The communication outlined the need for a Federal tax sharing program which will provide additional revenues to states and local communities without federal restrictions and which could also provide a solution to the increasing need for additional revenues to provide local services. The City Manager suggested that inasmuch as the request made in Assembly Joint Resolution No. 29 is general in nature, it would appear to be in the best interest of the City to support a general resolution of this type until such time as the cities have a further opportunity to explore the types of federal tax sharing programs which would be of most benefit to the local communities. It was moved by Councilman Kanel and seconded by Councilman Bowen to adopt the following Resolution, title as follows: RESOLUTION NO. 812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS SUPPORTING THE FEDERAL TAX SHARING PROGRAM AS OUTLINED IN CALIFORNIA ASSEMBLY JOINT RESOLUTION NO. 29 The motion was unanimously carried by the following vote: AYES: 5 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCarney, Noe, and Harvey None None WRITTEN COMMUNICATION FROM LEAGUE OF CALIFORNIA CITIES RE: STATEWIDE CONFERENCE ON UNDERGROUNDING UTILITIES: The City Manager presented a communication from the League of California Cities announcing a Statewide Conference on Undergrounding Utilities to be held on November 29 through December 1, 1967, at the Biltmore Hotel in Los Angeles and extending an invitation to members of the City Council and City Staff to attend this Conference. The purpose of the Conference is to explore all of the aspects of undergrounding utilities. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, this communication be received and filed. WRITTEN COMMUNICATION FROM LOCAL AGENCY FORMATION COMMISSION RE: VAN RUITEN ANNEXATION TO CYPRESS COUNTY WATER DISTRICT: The City Manager presented a communication dated August 28, 1967, from Mr. Richard T. Turner, Executive Officer of the Local Agency Formation Commission, noti- fying the City that a hearing will be held on September 13, 1967, at 2:00 p.m. to consider an annexation proposal designated as the Van Ruiten Annexation to the Cypress County Water District. The purpose of the annexation is to provide sewer service to a triangular piece of property, located on the northwest corner of Bloomfield Street and Orange Avenue within the City of Hawaiian Gardens and County of Los Angeles, which is owned by Mr. Van Ruiten, from the existing sewer located in Bloomfield Street which is under the jurisdiction of the Cypress County Water District. September 11, 1967 The City Manager indicated that he could see no objection to the annexation. It ~aa moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, this communication be received and filed. PROCLAMATION OF CONSTITUTION WEEK--SEPTEMBER 11 THROUGH SEPTEMBER 17, 1967: The City Manager presented a communication dated September 5, 1967, from the Constitution Week Observance Committee, 855 South Hill Street, Los Angeles, California, requesting the Mayor and City Council to proclaim the week of September 11 through September 17, 1967, as "Constitution WeeR" as part of the Annual Observance which celebrates the 180th Anniversary of the signing of the United States Constitution on September 17th. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to proclaim the week of September 11 through September 17, 1967, as "Constitution Week" in the City of Cypress. Mayor Harvey officially proclaimed the week of September 11 through September 17, 1967, as '~Constitution Week", in observance of the 180th Anniversary of the signing of the United States Constitution on September 17th. CONSIDERATION OF TENTATIVE TRACT MAP NO. 5373 (Revised) (LARWIN COMPANY): The City Manager presented Tentative Tract Map No. 5373 (Revised), generally located at the southeast corner of Bloomfield Street and Larwin Avenue, consisting of 52 P-D lots, 13.4 acres, requested by Larwin Company, 9300 Wilshire Boulevard, Beverly Hills, California. Planning Director George Putnam reviewed the subject map and outlined the conditions of approval recommended by the Planning Commission. He indicated that this Tentative Tract Map is a resubmittal of an expired Tentative Tract Map No. 5373 and will be the final development of the Tanglewood Townhouse project residential construction southerly of Ball Road. He further indicated that this map is in conformance with the original Tentative Tract Map except that, upon the recommendation of the staff, Lots 11 through 15 have been reorientated toward Bloomfield Street to eliminate the necessity for the dead end alley. After general discussion, it was moved by Councilman McCarney, seconded by Councilman Bowen, and unanimously carried, to approve Tentative Tract Map No. 5373 subject to the following conditions: Full street improvements and dedication to the City of Cypress shall be made in accordance with the Tentative Tract Map as submitted. 2. All alley turn-arounds to be approved by the City Engineer. Curb return and alley turn-arounds to be a minimum of 15 feet where trash truck access is necessary. A minimum 25 foot separation between buildings facing front to side shall be maintained. 5. Drainage to be solved to the satisfaction of the City Engineer. Boat and trailer storage area shall be provided to the satisfaction of the staff. 7. All alleys to be 26 feet minimum width. A chain link fence shall be constructed along the flood control channel to meet the Orange County Flood Control District's standards. Drainage fees shall be paid in accordance with the Master Plan of Drainage. 10. Street lights on Larwin Avenue shall be replaced with mercury vapor lamps, modified and relocated as required, to the satisfaction of the City Engineer. 11. The Larwin Avenue median shall be dedicated as a Lot "A" and maintained by the Tanglewood Homeowners Association. A modification in the CC and R's requiring the maintenance of the median strip by the Homeowners Association will satisfy this condition. 12. Larwin Avenue median openings, if required, shall be relocated, closed, or reconstructed to the satisfaction of the City Engineer. 13. Alley improvements shall be installed to the satisfaction of the City Engineer. A bond shall be posted for removal of landscaping from the north side of Larwin Avenue. An agreement for maintenance of the landscaped area by th~ Larwin Company shall be submitted to the City. 15. Existing pavement section shall be reconstructed to the satistaction of the City Engineer. 16. Public improvement plans to be revised by registered Civil Engineer to reflect as-built conditions. Street sections on Larwin Avenue to provide adequate cross fall. 17. All broken curbs, gutters and sidewalks on existing improvements to be replaced or repaired to the satisfaction of the City Engineer. 18. Electrical system for private ground lighting may be required to be removed from the public right-of-way. 19. All street trees to be 15 gallon size and advance street light energy charges to be paid. 20. Lots 11 through 15 shall be orientated toward Bloomfield Street. RESOLUTION ADOPTING BUDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES: The City Manager presented a report dated September 7, 1967, from the Public Works Director, outlining the necessity to submit a revised budget to the State Division of Highways which will reallocate the 2107 funds to the Katella Street Project which were previously allocated to the Valley View Street Project and to correct the sixty percent apportionment of the 1967-68 allotment for maintenance. The City Manager further indicated that a revised budget has been pre- pared and approved by the State Division of Highways but, before any funds will become available, it will be necessary for the City Council to adopt a Resolution adopting the approved budget for the expenditure of these funds. It was moved by Councilman Bowen and seconded by Councilman Noe to adopt the following Resolution, title as follows: RESOLUTION NO. 813 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADOPTING BIrDGET FOR EXPENDITURE OF FUNDS ALLOCATED FROM THE STATE HIGHWAY FUND TO CITIES 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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR VALLEY VIEW STREET WIDENING CONSTRUCTION FROM CERRITOS AVENUE TO SOUTH CITY LIMITS (YODER AND SONS): The City Manager presented a report dated September 7, 1967, from the Public Works Director advising that as of August 31, 1967, Yoder and Sons have completed the street and drainage improvements on Valley View Street from Cerritos Avenue to the south City limits in accordance with the plans and specifications approved by the City Council. The cross- ing protection devices will be installed by the Southern Pacific Company under separate contract and at the completion of said work, the four lane street improvement may be fully utilized. September 11, 1967 It was moved by Councilman Noe and seconded by Councilman Bowen that the work completed by Yoder and Sons, consisting of street and drainage improve- ments for Construction Project R-008-66-67 be accepted and that the City Clerk be authorized to release the bonds after expiration of the required lien period. 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 ACCEPTANCE OF IMPROVEMENTS AND RELEASE OF BONDS FOR BALL ROAD SANITARY SEWER RELOCATION FROM DENNI STREET WESTERLY (M.P. MITROVICH): The City Manager presented a report dated September 7, 1967, from the Public Works Director advising that as of August 25, 1967, M.P. Mitrovich has com- pleted the construction of the Ball Road Sanitary Sewer relocation from Denni Street westerly in accordance with the plans and specifications approved by the City Council. It was moved by Councilman Bowen and seconded by Councilman Kanel to accept the work completed by M.P. Mitrovich, 233 Longley Way, Arcadia, California, consisting of sanitary sewers and appurtenances for Con- struction Project SS-001-66-67 and to authorize the City Clerk to release the bonds after the expiration of the required lien period. AUTHORIZATION TO PREPARE JOINT POWERS AGREEMENTS--CYPRESS SCHOOL DISTRICT: The City Manager presented a report dated September 7, 1967, reviewing the discussions which have been held between the City Staff and represen- tatives of the Cypress Elementary School District regarding the need for a joint powers agreement and reimbursement agreement for the street and drainage improvements required in the development of the Cypress Elemen- tary School Administrative site at Moody Street and Orange Avenue and in the development of the elementary school site located on the west side of Denni Street north of Orange Avenue. The Public Works Director presented a map and described the extent of the required street and drainage improvements which would be included in the joint powers and reimbursement agreements. After general discussion, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to authorize the City Attorney to prepare the necessary joint powers agreements and reimburse- ment agreements between the City and the Cypress Elementary School District for street and drainage improvements required in the development of the Cypress School District's properties located at the northeast corner of Moody Street and Orange Avenue and on the west side of Denni Street north of Orange Avenue. CONSIDERATION OF LINCOLN AVENUE ANNEXATION: The City Manager presented a report dated September 7, 1967, reviewing the previous action taken by the City Council in authorizing the preparation of maps and legal descrip- tions for submittal to the Local Agency Formation Commission for the annexation of the County unincorporated area located on the south side of Lincoln Avenue from Moody to Grindlay Streets. The City Manager stated that in the process of preparing the maps, he had the opportunity to make further contact with the property owners on the north side of Lincoln Avenue east of Moody Street in reference to their interest in an annexation proposal to the City of Cypress and the total assessed valua- tion of the property owned by persons on the north side of Lincoln Avenue who were either in favor of or not opposed to the annexation is $31,140, compared to an assessed valuation of opponents of $18,860. The City Manager advised that since the total assessed valuation of property owners on both the north and south sides of Lincoln who were not opposed to the annexation in the area now represent in excess of 87% of the total assessed valuation, the City Council may wish to include the entire area under one annexation proposal to be submitted to the Local Agency Formation Cormnission. September 11, 1967 Mr. J. Graetch, 5171 Lincoln Avenue, Cypress, addressed the Council as a property owner in the subject annexation, stating that although he had originally stated that he would not be opposed to the annexation, the persons who will be leasing his property desire to remain within the County unincorporated area, and that, for this reason, he would now be required to oppose the annexation proposal. In answer to an inquiry from Councilman McCarney, the City Manager advised that Mr. Roberts indicated he would not take a position either in favor of or in opposition to the annexation of his property on Lincoln Avenue. In response to various questions from the City Council, both the City Attorney and City Manager reviewed the actions whic~ could be taken by the Local Agency Formation Commission and the procedures which would be used to notify property owners of the annexation proposal, if approved by the Local Agency Formation Commission. Councilman Kanel indicated that he felt there were some aspects of the annexation proposal including the north side of Lincoln Avenue that he feels may not be in the best interests of the City of Cypress. Concern was expressed by Councilman McCarney as to the possibility of the Local Agency Formation Commission imposing another condition upon the subject annexation proposal as was imposed on Annexation No. 67-1 in setting a one-year time period before refiling in the same area. General discussion ensued as to the possibility of the annexation being blocked by court action initiated by the opponents of the annexation. The City Attorney advised that, of course, if the annexation procedures were invalid, they could be held up permanently by an injunction. How- ever, if a preliminary or permanent injunction were not issued by the trial court, the annexation would not be held up pending an appeal by the unseccessful plaintiff, except if a Writ of Supersedeas were issued, which would be very unusual in these cases. A temporary Restraining Order might be secured from the trial court, regardless of the merits of the case, but that, generally, would only be effective for a couple of weeks, or 15 days. On the other hand, a new annexation could be initiated at any time it is determined that the present one was invalid. The City Attoraey also advised, that the Local Agency Formation Commission had almost plenary powers, and might withhold approval of the annexation for almost any reason. This might hold up the beginning of a new annexa- tion, beeause of the normal one year period before the same annexation could be re-filed. However, this period can be waived by the Commission. Councilman Noe inquired of the City Attorney as to whether or not, as an adjacent property owner to the proposed annexation, he should abstain from voting. The City Attorney advised that this would not be a legal basis for abstention. It was moved by Mayor Harvey and seconded by Councilman Bowen to authorize the City Staff to prepare maps and legal descriptions including both sides of Lincoln Avenue east of Moody Street and to further authorize the Staff to file an uninhabited annexation proposal with the Local Agency Formation Commission. Councilman Kanel stated that he felt the reluctance of any Councilman to make the foregoing motion was indicative that some aspects of the proposal were not entirely satisfactory to the Council. Mayor Harvey stated that as motions have been made by the Mayor in the past, he did not feel that his action in making the above motion was out of order. Thefollowing roll call vote was taken on Mayor Harvey's motion: AYES: 4 COUNCILMEN: NOES: 1 COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, McCarney, Noe, and Harvey SePtember 11. 1967 CONSIDERATION OF EXPANDING COMPOSITION OF TRAFFIC ADVISORY COMMITTEE: The City Manager presented a report dated September 7, 1967, reviewing the previous discussions with the City Council regarding the possibility of expanding membership of the Traffic Advisory Cormnittee. The City Manager further indicated that, upon a review of the provisions of the City Code concerning the establishment, duties and composition of the traffic committee, it would appear that the traffic cormnittee could be expanded without altering the City Code since the Mayor is authorized to appoint representatives to the committee. He further suggested that if the City Council should wish to enlarge the advisory traffic committee, that a further study be made of other cities who utilize advisory traffic committees to determine which type of traffic advisory committee would best serve the interests of the City. It wes moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to authorize the City Manager to prepare a study and report regarding the enlargement and organization of an expanded advisory traffic committee for the City of Cypress. AUTHORIZATION TO PURCHASE ROTO-MIST SPRAYER: The City Manager presented a report dated September 7, 1967, advising that a used roto-mist sprayer which originally sold for the price of $5,275 six years ago is available for purchase from Alco Chemical Company for a price of $890. The sprayer, which has a capacity of 100 gallons, is in serviceable condition and would require only minor repairs to be placed into operation. The City Manager further outlined the uses for the spraying machine, which include spraying trees, shrubs, etc. for insects and other pests. In addition, the machine is adaptable for use in the fly control program. It was moved by Councilman Noe and seconded by Councilman Kanel to authorize a transfer of $1,000 in the 1967-68 Budget from the Reserve for Capital Improvements Account to the Parkway and Grounds Account to be used for the purchase of a roto-mist sprayer and parts. As Mayor Harvey expressed concern in the additional manhours that would be spent in the fly control program, the City Manager explained that it would be the intention of the City to make the equipment available to the Orange County Health Department's personnel, if needed for emergency spraying. Councilman Noe's 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 APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR POLICE VEHICLES: The City Manager presented a report dated September 7, ]967, reviewing the need to replace four police vehicles and requesting approval of the specifications and authorization to advertise for bids. It was moved by Councilman Bowen, seconded by Councilman Noe, and unanimously carried, to approve the specifications for four 1968 police vehicles and further to authorize the City Clerk to advertise for bids for the vehicles. CERTIFICATION OF EMPLOYMENT LIST--CROSSING GUARD: The City Manage~ presented a report dated September 6, 1967, setting forth the results of an examination conducted for Crossing Guard. It was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to certify the employment list for Crossing Guard as submitted. APPROVAL OF COMMERCIAL WARRANT LIST~ WARRANTS NOS. 17539 THROUGH 17619: It was moved by Councilman Bowen and seconded by Councilman Noe to approve the Commercial Warrant List, Warrants Nos.17539 through 17619 in the total amount of $70,177.77. The motion was carried by the following roll call vote: AYES: 4 COUNCILMEN: NOES: ] COUNCILMEN: ABSENT: 0 COUNCILMEN: Bowen, Kanel, McCaraey, and Noe Harvey None September 11~ 1967 Mayor Harvey stated that as long as a firm with which a City Councilman is associated is on the Commercial Warrant List, he would not vote in favor of the passage of the Commercial Warrant List. Councilman Kanel stated that he is not an associate of the finn to which Mayor Harvey made reference. CLAIM FOR DAMAGES--M. J. AND KATHY MARLEY: The City Manager presented a report dated September 7, 1967, presenting a Claim for Damages against the City as submitted by M. J. and Kathy Marley, 10391 Miranda, Buena Park, in the amount of $145.00. The damages were incurred to their automobile in the construction area of VallEy View Street which was under contract by the City to Yoder and Sons. It was moved by Councilman Bowen, seconded by Councilman Kanel, and unanimously carried, to officially deny the Claim for Damages submitted by M. J. and Kathy Marley and to authozize the City Manager to notify the City's fnsurance carrier of this action. ORAL COMMUNICATIONS: Mr. Peter Van Ruiten, 9432 Bloomfield Street, Cypress, addressed the Council inquiring as to the extent of the City's enforcement of local ordinances regarding taxpayers within the City of Cypress. The City Attorney advised Mr. Van Ruiten that the ordinances of the City, where applicable, apply to all the citizens of the City of Cypress without exception. Councilman Kanel requested clarification from Mayor Harvey in regard to remarks made earlier in the meeting with regard to the approval of the Commercial Warrant List. In answer to a question from Councilman Kanel, the City Attorney stated that the position of Councilman Kanel in connection with the Cypress- Los Alamitos News-Enterprise does not involve a conflict of interest. Mayor Harvey stated that in previously considering the award of contract for legal publications to the Cypress-Los Alamitos News-Enterprise, Mr. Erskine had indicated that Mr. Kanel was not associated with the Newspaper and that a letter from his office relative to this statement was on file with the City. Mr. Erskine had further indicated that he would publish a statement to the effect that Mr, Kanel was not associated with the Newspaper so as to avoid any criticism of the City. Mayor Harvey stated that he had not seen the letter to which Mr. Er~kine made reference nor was he satisfied with the statement made in the Newspaper regarding the relationship of Councilman Kanel with the News-Enterprise. Councilman Kanel again stated that he was not associated with the Los Alamitos-Cypress News-Enterprise. He further stated that he could not understand Mayor Harveyis concern with his relationship with the Newspaper, when the Mayor had previously indicated his support of placing City funds in a bank in which a City Councilman was a major stockholder. ADJOURNMENT: There being no further business to come before the City Council, it was moved by Councilman Noe, seconded by Councilman Bowen, and unanimously carried, to adjourn the City Council meeting at 8:52 p.m. until September 18, 1967, at 7:30 p.m. in the City Hall, 5275 Orange Avenue Cypress. ATTEST: ClT~ CEEk%b~I~H~ C~TY OF CYPRESS MAYOR OF THE CITY OF CYPRESS September 117 1967