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Minutes 2000-06-12MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 12, 2000 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor Piercy in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. PRESENT: Piercy ABSENT: Council Members Keenan, Sondhi, Mayor Pro Tern McGill, Mayor Council Member McCoy Also present were City Manager Importuna, City Attorney Wynder, and staff members Alice Angus, Lt. David Birozy, Keith Carter, Chief John Hensley, June Liu, and Jeff Sinn. A workshop was presented to the City Council by Chief John Hensley, Lieutenant David Birozy, and Barbara Miller, President of Redflex Traffic Systems, on the use of Red Light Cameras for Traffic Safety. Lt. Birozy provided a brief background of City of Cypress Goal #5 for 2000-2001, which is to maintain and improve public safety. It was decided during the Strategic Planning Workshop to examine red light violation enforcement technology to meet this goal. Lt. Birozy reviewed background documentation, citing approximately 40 traffic collisions per year, due to signal violations, which accounts for approximately 15% of all reported injury traffic collisions in the City of Cypress. The current traditional method of red light violation enforcement was discussed, in addition to the proven technology which now exists to automate enforcement. Lt. Birozy discussed the photo red light enforcement technology, which only becomes active during a red light violation, and only when a vehicle is traveling at a certain speed. Barbara Miller discussed the dual camera system configuration, which involves a main scene camera system and secondary face camera. The main camera confirms the violation, recording a rear-shot of the full intersection scene, and records a high- resolution, zoomed rear license plate image. The secondary camera provides a high- resolution face shot image of the driver of the vehicle only. Ms. Miller provided an overview of the program operations for the system, and discussed police department electronic authorization options, which allows a police officer to review the visual evidence and images prior to a violation notice being mailed to the driver of the vehicle, in addition to tabulating statistical traffic data. A sample violation notice was viewed, which includes full-color images, a scene shot, an image of the vehicle proceeding through the red light, a face image of the driver, and a zoomed rear-plate image. Lt. Birozy discussed the financial implications and common misconceptions of the red light camera system. Lt. Birozy fielded questions from members of the public, confirming that only images of the driver are recorded, and not passengers. Mayor Piercy shared a letter of support from Alfred and Edith Schwartz, whose family was involved in a major traffic accident in Cypress, for the implementation of a red light camera system. CITY COUNCIL MINUTES JUNE 12, 2000 Mayor Piercy stated that further investigation and proposals would be necessary, in addition to informing the public of the purpose of the system, before implementation of a red light camera system, which could take approximately six months to one year. It was moved by Councilmember Keenan and seconded by Mayor Pre Tem McGill to direct staff to include automatic speed enforcement technology of red light violations in future proposals. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy WORKSHOP/CLOSED SESSION: At 6:15 p.m., the Mayor recessed the workshop meeting. There were no agendized Closed Session items. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:03 p.m. by Mayor Piercy. PRESENT: Council Members Keenan, Sondhi, Mayor Pro Tem McGill, Mayor Piercy. ABSENT: Council Member McCoy Also present were City Manager Importuna, City Attorney Wynder, and staff members Angus, DeCarlo, Hensley, Liu, and Sinn. PLEDGE OF ALLEGIANCE: Keenan. The Pledge of Allegiance was led by Council Member INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATION: The Mayor presented a Community Service Plaque and publicly recognized Alicia Kimble, Former Cultural Arts Commissioner. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The Mayor asked for the report of the Workshop and Closed Session Agenda items discussed earlier in the evening. City Manager Importuna advised that there were no agendized Closed Session items on tonight's Agenda, therefore there were no items to report. · City Manager Importuna advised that the City Council had met for a Workshop regarding the installation of photo red light enforcement technology for traffic safety in order to mitigate violations, traffic accidents, and injuries in the City's most dangerous intersections. Staff received direction from the Council to pursue an analysis of an automatic speed enforcement technology which would effectively monitor drivers who violate intersection laws relating to traffic lights. Staff will bring back an analysis in the future for further consideration to Council. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Piercy asked anyone who wished to speak on any topic not included on the meeting agenda to come forward. CITY COUNCIL MINUTES JUNE 12, 2000 Mary Crowder, 6881 Reefton Avenue, Cypress, first approached the podium. Ms. Crowder stated her concerns about an adult soccer organization who uses the Patten Bixby Elementary School for tournaments, with no available restroom facilities. The soccer players have designated Peppertree Park as a restroom facility. Robert Mumey, 5255 Halifax Drive, Cypress, spoke about the unavailability of residential parking the weekend prior to and during Memorial Day weekend due to a soccer league tournament at the Oxford Academy, which created a parking problem for nearby residents. Bette Zabish, 6364 Anguilla Avenue, Cypress, next spoke, in favor of the implementation and installation of red light cameras for traffic safety at the busiest and most dangerous intersections in Cypress. Mayor Piercy stated that if the Council does in fact approve the implementation of red light automated enforcement technology, the Council will communicate to the public the purpose for such a program, which is not to invade the privacy of citizens, but to improve public safety. The Council is currently in the informational stage of this proposal. Council Member Keenan recognized and congratulated Kevin Justen, Personnel Analyst, who will be resigning from the City of Cypress to pursue a promotional opportunity with the City of Huntington Beach. Mr. Justen has been coordinating the Cypress Recreation & Park District quarterly newsletter, and has been employed with the City of Cypress for the last four and one-half years. Council Member Keenan announced that the Armed Forces Reserve Center will be hosting for the first time the U.S. Olympic mens' and womens' water polo teams at the Olympic pool from June 27th through July 9, 2000, for pre-Olympic trial games. Additionally, Olympic water polo teams from Australia, Croatia, Italy, Yugoslavia, Canada, Russia, and the Netherlands will also be featured. Tickets are available to the public and information can be obtained by contacting the Los Alamitos Park & Recreation Department at (562) 430-1073. Mark Veturis, 8774 La Salle Street, Cypress, approached the podium and spoke concerning the Public Works Project at Cypress Acres and the elimination of the installation of sidewalks. Mr. Veturis presented a brief history of the future plans and phases of the Cypress Acres project, in addition to presenting resident signatures agreeing on a one-time basis to donate frontal residential property to the City of Cypress, which would be necessary for the installation of sidewalks. Mayor Piercy requested that Mr. Veturis contact the Public Works Director on the status of the project. Mayor Piercy announced that the Soroptimist International of Cypress presented a $750.00 check on May 24, 2000, at the annual service awards luncheon, to the Cypress Police Department's D.A.R.E. program. Mayor Piercy publicly commended Soroptimist International of Cypress, and thanked them for their generous support of the D.A.R.E. program. AWARD OF CONTRACT: AWARD OF CONTRACT FOR THE REPLACEMENT OF FASCIA AT CITY HALL AND COUNCIL CHAMBERS, PUBLIC WORKS PROJECT NO. 9913: The Public Works Director presented the staff report which described the replacement of deteriorated fascia at City Hall and Council Chambers. He indicated that the fascia is the prominent wood band around the buildings, just below the roof line. The contractor will remove the existing fascia and replace it with marine plywood apd redwood. The Council approved plans and specifications for this project on April 10, 2000, and authorized staff to advertise the project for bid. Bids were opened in the Office of the City Clerk on May 3 CITY COUNCIL MINUTES JUNE 12, 2000 23, 2000. It was recommended that Council determine the lowest responsible bidder for Public Works Project No. 9913 to be Austin/Jones Corporation; approve a transfer of $160,000 from the Unreserved Fund Balance of the General Fund to the Capital Improvement Fund; appropriate $160,000 from the Fund Balance of the Capital Improvement Fund to Account No. 4186-15-819-24; and award a contract for Replacement of Fascia at City Hall and Council Chambers to Austin/Jones Corporation of Los Alamitos, in the amount of $293,926, which is the award amount of $244,926 plus 20% contingency. The Public Works Director discussed, at the request of Mayor Pro Tem McGill, that the bid of Austin/Jones Corporation is 42% below the architect's estimate of $423,000, due to the contractor proposing to use more efficient methods of construction, including an innovative technique of using boom trucks in lieu of the considerable expense involved in setting up scaffolding around the building. Smaller scaffolding which can be moved will also be used in lieu of placing scaffolding completely around the perimeter of the building. Additionally, the contractor will be constructing the fascia panels offsite and transporting them for installation at City Hall and Council Chambers, which in combination with the use of boom trucks and smaller scaffolding, will contribute to the 42% savings. The Public Works Director clarified, at the request of Council Member Sondhi, that the recommendation to approve a transfer of $160,000 from the Unreserved Fund Balance of the General Fund to the Capital Improvement Fund, and to appropriate $160,000 from the Fund Balance of the Capital Improvement Fund to Account No. 4186-15-819- 24 is the transfer and appropriation of a total amount of $160,000. The Public Works Director responded to Council Member Keenan's concern about the efficiencies that the contractor will implement, and if those efficiencies will contribute in any way to a shorter life span of the fascia. Marine grade plywood will be used, which should withstand the rigors of weathering, in addition to the installation of redwood. The latest and most effective sealant will also be used, which in combination with the high quality wood should contribute to a long life span of the fascia. It was moved by Mayor Pro Tem McGill, and seconded by Council Member Keenan to determine the lowest responsible bidder for Public Works Project No. 9913 to be Austin/Jones Corporation; approve a transfer of $160,000 from the Unreserved Fund Balance of the General Fund to the Capital Improvement Fund; appropriate $160,000 from the Fund Balance of the Capital Improvement Fund to Account No. 4186-15-819- 24; and award a contract for Replacement of Fascia at City Hall and Council Chambers to Austin/Jones Corporation, 10542 Calle Lee, #116, Los Alamitos, California 90720- 2550, in the amount of $293,926 (award amount of $244,926 plus 20% contingency). The motion unanimously carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy CONSENT CALENDAR: Al~ matters listed on the Agenda under "Consent CalendaF are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Mayor Pro Tem McGill requested that Item No. 6, Approval of Design Review Committee Permit No. 2000-12., Request to Construct a Two-story Addition Located at 9411 Lime Circle, Cypress, be pulled from the Consent Calendar. CITY COUNCIL MINUTES JUNE 12, 2000 It was moved by Council Member Keenan and seconded by Council Member Sondhi to approve the Consent Calendar, items No. 2 through 12, with the exception of Item No. 6. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE ADJOURNED REGULAR MEETING OF MAY 15, 2000 AND THE REGULAR MEETING OF MAY 22, 2000. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of May 15, 2000, and the Regular Meeting of May 22, 2000, as submitted, with Councilmember McCoy abstaining on the Minutes, due to his absence at the meetings. Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: ANNUAL REQUALIFICATION OF PARTICIPATING CITIES IN THE COUNTY Of ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP). Recommendation: That the City Council adopt the Resolution by title only, title as follows, informing the Orange County Transportation Authority (OCTA) that the Circulation Element of the Cypress General Plan conforms to the County Master Plan of Arterial Highways (MPAH): RESOLUTION NO. 5241 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE STATUS OF THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS. Item No. 5: ACCEPTANCE OF THE ABATEMENT OF SEASONAL AND RECURRING WEEDS FOR PHASE II OF THE 1999/00 PROGRAM AND ADOPTION OF RESOLUTION CONFIRMING THE ASSESSMENTS. Recommendation: That the City Council accept the work of weed and rubbish abatement as being satisfactorily completed in accordance with the specifications for the work; and Adopt the Resolution by title only, title as follows, confirming weed abatement assessments and imposing special assessment as a lien on the parcels listed on Exhibit "A": RESOLUTION NO. 5242 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFIRMING THE REPORT OF COSTS OF ABATEMENT OF WEEDS, RUBBISH, REFUSE, DIRT, AND PUBLIC NUISANCES AND IMPOSING SPECIAL ASSESSMENTS AS LIENS ON PARCELS WITHIN THE CITY OF CYPRESS. Item No. 7: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2000-13, REQUEST TO MODIFY THE BUILDING FACADE AND SIGNAGE COLORS LOCATED AT 6001 ORANGE AVENUE, CYPRESS. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-13 - with conditions: 5 CITY COUNCIL MINUTES JUNE 12, 2000 RESOLUTION NO. 5244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMfFI'EE PERMIT NO. 2000-13- WITH CONDITIONS. Item No. 8: RESOLUTION ESTABLISHING THE CITY OF CYPRESS 2000-01 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, title as follows, establishing the City's appropriation limit: RESOLUTION NO. 5245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 2000-01 FISCAL YEAR. Item No. 9: REQUEST FROM ST. IRENAEUS CHURCH FOR THE WAIVER OF FEES ASSOCIATED WITH THE CHURCH'S 37TM ANNUAL FIESTA. Recommendation: That the City Council grant this request to waive the $150.00 temporary use permit fee and approximately $400.00 in building permit fees and $275.00 in-kind services/support for the St. Irenaeus Catholic Church's 37th Annual Fiesta. Item No. 10: APPROVAL OF APPOINTMENT OF YOUTH COMMISSIONERS FOR THE 2000-2001 TERM, AS RECOMMENDED BY THE RECREATION AND COMMUNITY SERVICES COMMISSION. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, accept the appointment of seven candidates to serve on the Youth Commission, and two candidates to serve as Alternate Commissioners, as recommended by the Recreation and Community Services Commission. Recreation & Park District Matters: Item No. 11: APPROVAL OF SENIOR CITIZENS NUTRITION AMENDMENT NO. 3 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FORA ONE YEAR PERIOD, JULY 1, 2000, THROUGH JUNE 30, 2001. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, approve Amendment No. 3 to Agreement No. C-8-0189 with the Orange County Transportation Authority extending the term of the Agreement for one (1) year, July 1, 2000, to June 30, 2001, with no changes to the cost per passenger trip or to the terms and conditions of the Agreement. Item No. 12: ADOPTION OF RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S 2000-01 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, establishing the District's appropriation limit: 6 CITY COUNCIL MINUTES JUNE 12, 2000 RESOLUTION NO. 5246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2000-01 FISCAL YEAR. Regarding Item No. 6, Approval of Design Review Committee Permit No. 2000-12, Request to Construct a Two-story Addition Located at 9411 Lime Circle, Cypress, Mayor Pro Tern McGill commented that he met with staff earlier in the day, and he is pleased that this addition met the requirements of being in character within the neighborhood and had some design features which made it look recessed. It was moved by Mayor Pro Tem McGill seconded by Council Member Keenan that the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 2000-12 -with conditions. RESOLUTION NO. 5243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2000-12 -WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy City Attorney Wynder requested that the Council add an item to the Agenda, on the grounds that the need to take action on this item arose subsequent to the posting of the Agenda and cannot be postponed until the next Council meeting. City Attorney VVynder referred to a copy of a correspondence from the Law Offices of Burke, Williams & Sorensen, LLP, writing on behalf of the League of California Cities, which the Council received a copy, urging the City to participate in the filing of an amicus brief in connection with the case entitled County of Sonoma, et al. v. California Department of Finance, et al. It was moved by Council Member Keenan and seconded by Mayor Pro Tem McGill that the Council approve the addition of an Agenda item, at the request of City Attorney Wynder, relating to the correspondence from the Law Offices of Burke, Williams & Sorensen, LLP. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy City Attorney Wynder proposed that this item be added to the Agenda as Item No. 12.b. City Attorney Wynder stated that during the State of California's budget crisis, the State took money from special districts and local agencies in the form of ERAF (Educational Revenue Augmentation Fund) assessments, which was a take away in the form of property taxes from cities and special districts. With respect to the City of Cypress, the amount of money involved is in excess of $400,000. The County of Sonoma sued the California Department of Finance, arguing that the ERAF take away was a reimbursable State mandate under Section XIII B 6 of the California Constitution (the GANN Initiative), which prohibited the State from imposing requirements on cities without 7 CITY COUNCIL MINUTES JIYNE 12, 2000 providing a funding mechanism. The Trial Court in Sacramento found that the State had violated Section XIII B 6 of the California Constitution (the GANN Initiative) when it took ERAF money from states and public agencies. The State of California has appealed the case to the Court of Appeals. The County of Sonoma requested that the League of California Cities sponsor a brief representing all special districts and other public agencies, urging that the Court of Appeals uphold the decision of the Trial Court and mandate that ERAF take away monies be reimbursed to states and other special agencies. The Law Firm of Burke, Williams & Sorensen will be writing this brief on behalf of the cities and other special interested districts, with the cost to be borne by the League of California Cities. City Attorney Wynder requested that the Council authorize the City Attorney's office to add the name of the City of Cypress and the Cypress Recreation and Park District to this amicus brief, urging that the Court of Appeals affirm the decision of the Trial Court and mandate that the State of California reimburse the City and/or the Recreation and Park District, where applicable, all funds that were taken as a part of the ERAF property tax take away. City Attorney Wynder confirmed, at the request of Council Member Keenan, that the exposure to the State of California regarding this case is in the billions of dollars, and the League of California Cities is willing to file the amicus brief on behalf of cities which authorize participation in the brief. Mayor Pro Tem McGill stated that ERAF is a silent property tax assessment which the State took under the guise of education in order to attempt to balance the budget, and those monies belong to the cities. City Attorney VVynder confirmed that this lawsuit does not seek to take away money from schools or school districts, but to require the State to reimburse the cities, not the school districts to whom the money was distributed. It was moved by Council Member Keenan and seconded by Council Member Sondhi that the Council authorize the City Attorney's office to add the name of the City of Cypress and the Cypress Recreation and Park District to the amicus brief, urging that the Court of Appeals affirm the decision of the Trial Court and mandate that the State of California reimburse the City and/or the Recreation and Park District, where applicable, all funds that were taken as a part of the ERAF property tax take away. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 13: PUBLIC HEARING REGARDING EXTENSION OF CONDITIONAL USF PERMIT NO. 97-3 AND AN AMENDMENT TO ALLOW SUNDAY SALES OPERATIONS AT THE USED AUTOMOBILE SALES LOT LOCATED AT 9060 WALKER STREET: The Mayor opened the public hearing. The Community Development Director presented the staff report which described the applicant's request to permanently extend Conditional Use Permit No. 97-3 to allow the continued operation of an existing automobile sales business, and second request to amend Condition of Approval No. 47 to add Sunday sales operations at 9060 Walker Street, within the CM Commercial Mixed Use District of the PC Planned Community Zone, Lincoln Avenue Specific Plan. Staff recommendation is that the City Council adopt the Resolution for approval of the Extension of Conditional Use Permit No. 97-3, subject to CITY COUNCIL MINUTES JUNE 12, 2000 the original and amended conditions in Exhibit "A" and "B", and the current amended conditions in Exhibit "C" of the Resolution, but deny the amendment to extend business operations to Sundays. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. Residents of the adjacent neighborhood have contacted staff regarding this application and can be expected to testify during this public hearing or provide correspondence, or both. The Community Development Director responded to Council Member Keenan that in addition to the letter which was submitted by Kimberly Preuss and eight other Bishop Street residents, the Community Development Department has heard from at least one or two of the neighbors throughout the year, specifically telephone calls to Code Enforcement relating to vehicles being parked on the street. When the first public hearing notice relating to this Conditional Use Permit was published, the Community Development Department received notification from Kimberly Preuss that she had some concerns and would be submitting a letter. The Community Development Director responded to Council Member Sondhi that there are police reports from 1999-2000 relating to the applicant's automobile sales business, and none of the complaints which were filed dealt with test driving of vehicles on Bishop Street. Mayor Piercy asked the applicant, if present, to come forward. Mr. Nat Briganti stated that he does not park any vehicles on Bishop Street for sale, but vehicles may temporarily be parked on Bishop Street until the paperwork has been processed in order to place the vehicle for sale on the sales lot. Mr. Briganti discussed the police reports which were filed by neighboring residents, indicating that none of the police calls resulted in citations. Mr. Briganti stated that Action Auto Sales does not open for business or any sales on Sundays, however, there may be employees in the office who are working on paperwork. Mr. Briganti responded to Council Member Sondhi that he sells approximately 30-50 vehicles each month, with approximately 80-100 test drives, with no more than five customers at one time on the sales lot. Mr. Briganti responded to Council Member Sondhi that he employs two salespersons with overlapping schedules who drive to and from work in vehicles which are listed for sale, which provides additional parking space on the lot for employees and customers. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. Robert Sundwall, 5486 Vista Sierra, Cypress, came forward to speak. He indicated that as the neighborhood watch block captain, he has witnessed that many of the cars which are parked on Bishop Street belong to residents, and not to Mr. Briganti's auto business. Mayor Piercy asked if there was anyone else who wished to speak in favor of the application. Kathy Barrett, Controller, Action Auto Sales, came forward to speak. She stated that Mr. Briganti has increased his expenditures by $1,400 per month in order to rent a warehouse to accommodate the overflow of vehicles from the sales lot. She indicated that vehicles are only parked on Bishop Street temporarily for approximately two to three hours while paperwork is being processed in order to place the vehicle for sale on the sales lot. She also indicated that no vehicle sales take place on Sunday,s, but salespersons may in fact be in the office processing paperwork for gales which occurred on Saturday. No one else wished to speak in favor of the application. Mayor Piercy asked if there was anyone who wished to speak in opposition to the application. The following came forward to speak, indicating that Mr. Briganti does not abide by the conditions of the Conditional Use Permit, and customers are unable to CITY COUNCIL MINUTES JUNE 12, 2000 access parking on the sales lot due to the driveway being continually blocked, which forces them to park on Bishop Street, in addition to employees parking in front of residences. Used vehicles are continually being test driven on Bishop Street, and the concern and opposition to Sunday auto sales is that test driving, subsequent speeding, and parking of vehicles is occurring in the Bishop Street residential area, and not on Walker Street. A letter which was sent to Mr. & Mrs. Preuss from Mr. Briganti's attorney was presented to the Council, requesting that the complaints be immediately ceased, or subsequent legal action would occur. lan Barker, 5532 Bishop Street, Cypress; Kimberly Preuss, 5552 Bishop Street, Cypress; Richard Preuss, 5552 Bishop Street, Cypress. No one else wished to speak in opposition to the application. Mr. Briganti came forward and stated that the letter from his attorney to Mr. and Mrs. Preuss was to cease and desist from continual harassment and telephone calls to the Police Department. Mr. Briganti submitted nine surveys of residents on Bishop Street who indicated that they did not feel inconvenienced by business being conducted at Action Auto Sales, and did not object to Action Auto Sales conducting business on Sundays. Mr. Briganti indicated that he feels he is being subjected to religious discrimination by not being allowed to conduct business on Sundays, as several other used automobile sales lots in Cypress are open for business on Sundays. Mr. Briganti responded to Mayor Pre Tem McGill that the owner of Duke and Duchess clothing store permits employees of Action Auto Sales and the Action Auto repair service to park in the Duke and Duchess parking lot. There are available parking areas in the front and rear for customers for either the sales lot or the repair service. Mr. Briganti confirmed for Mayor Pro Tem McGill that he has no future plans for expansion of either Action Auto Sales or the Action Auto repair service. Mr. Briganti confirmed for Mayor Piercy that his employees are parking in the Duke and Duchess clothing store parking lot, and very seldom does the need arise to park vehicles temporarily on Bishop Street while paperwork is being processed. Mr. Briganti confirmed for Mayor Piercy that there is signage on Walker Street to notify customers of available parking in the rear of the business. Mr. Briganti confirmed for Mayor Pre Tem McGill that he personally purchases vehicles from auctions and pays drivers to transport the purchased vehicles from the auction location to the sales lot, and none of these deliveries take place on Sunday. Mayor Pro Tem McGill stated that he has personally driven by the sales lot on Sundays and has counted between twenty-three and twenty-four vehicles on the lot, which is in violation of the Conditional Use Permit, which only allows for twenty vehicles at one time on the lot. Mr. Briganti responded to Mayor Pro Tem McGill that the situation of additional vehicles occurs due to vehicles being traded in on Friday and/or Saturday evenings, and the warehouse being closed on the weekends, which does not allow for the transport of trade vehicles. The trade vehicles are transported to the warehouse at the opening of business on Monday. Mayor Piercy closed the public hearing. Mayor Pro Tern McGill stated that it is evident from the public hearing testimony, that Mr. Briganti should be credited for enjoying a good reputation among some citizens in the community, however, the Council is obligated to monitor the conditions of the 10 CITY COUNCIL MINUTES JUNE 12, 2000 Conditional Use Permit for this business, as it operates in a high use facility in a residential area. Mayor Piercy concurred with Mrs. Preuss that perhaps Mr. Briganti needs to further instruct his sales staff to not test drive vehicles on Bishop Street, and employees to not park their vehicles on Bishop Street. Additionally, Mayor Piercy suggested an arbitration between the residents and Mr. Briganti to discuss related concerns, as the zoning on Walker Street will remain as commemial zoning that is adjacent to residential zoning. Mayor Piercy stated she is in favor of granting permission to amend the Conditional Use Permit to add Sunday sales operations, however, she is not in favor of the requested hours of Sunday operations from 9:00 a.m. to 5:00 p.m., but would be in support of opening for Sunday sales after 9:00 a.m. Council Member Sondhi stated that the claim that business is currently being conducted on Sundays is unsubstantiated, and she would support the consideration of Sunday sales operations. It appears that Mr. Briganti has addressed and/or readdressed the parking concerns, as evidenced by employees parking their vehicles offsite in the Duke and Duchess clothing store parking lot. Additionally, perhaps the applicant should implement an educational process among employees, customers, and vehicle transport drivers on parking restrictions and test driving of vehicles, and implement a public relations process for citizens in the community. Council Member Sondhi stated she is in favor of an extension of the Conditional Use Permit for another year in order to allow further monitoring of the parking and test driving concerns, and the development of cooperative agreements between the applicant and the residents. The Community Development Director responded to Council Member Sondhi that to date staff has not participated in a cooperative process between the applicant and the residents, however, staff has communicated separately with both the applicant and concerned residents and responded to and investigated complaints with respect to possible violations. Staff is willing to facilitate a cooperative process between the applicant and the residents in order to incorporate and implement public relations procedures to address the complaints regarding the effects of the business operations on residents. Council Member Keenan stated he was on the Council in 1997 when the original Conditional Use Permit was approved, and he believed at that time that the applicant was sincere and the business was viable. He received telephone calls this week from community members in support of Mr. Briganti, however, there are existing concerns among the residents who are effected by the business operations which need to be addressed. Council Member Keenan indicated that he has personally observed sales transactions occurring on three different Sundays in the past year, and he is disappointed that violations of the Conditional Use Permit have continued. He stated he is in favor of staff recommendation to approve the extension of the Conditional Use Permit, subject to the original and amended conditions, but deny the amendment to extend business operations to Sundays. It was moved by Council Member Keenan to adopt the Resolution for approval of the Extension of Conditional Use Permit No. 97-3, subject to the original and amended conditions in Exhibit "A" and "B", and the current amended conditions in Exhibit "C" of the Resolution, but deny the amendment to extend business operations to Sundays. There was no second to the motion. City Attorney Wynder stated that he is deeply troubled with the letter from the applicant's attorney, and disagrees entirely with the applicant's characterization, which is clearly an attempt to muzzle the exercise of free speech. 11 CITY COUNCIL MINUTES JUNE 12, 2000 It was moved by Mayor Pro Tem McGill and seconded by Council Member Sondhi to continue this item for a period of one month, during which time both parties, the applicant and residents, will enter into good faith mediation of all related issues, with staff reporting back to Council the results of the mediation and the intent and willingness of both parties to participate. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piemy None McCoy Item No. 14: PUBLIC HEARING REGARDING AMENDMENT NO. 3 TO DEVELOPMENT AGREEMENT NO. 90-1, A REQUEST TO MODIFY PARAGRAPH 16 OF THE DEVELOPMENT AGREEMENT REGARDING THE TYPE OF HOTEL AND DEADLINE BY WHICH THE HOTEL SHALL BE OPEN AND OPERATING WITHIN PLANNING AREA 6 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN AREA: The Mayor opened the public hearing. The Community Development Director presented the staff report which described the applicant's request to modify the requirement for a full service hotel from a high class first quality hotel to a "first class business oriented hotel with meeting room(s) and other amenities," in addition to the request for a three (3) year extension, thereby modifying the requirement to have the hotel open and operating by May 24, 2003. Staff recommendation is to approve the first reading of the Ordinance approving Amendment No. 3 to Development Agreement No. 90-1 between the City of Cypress and Cypress Development Partnership; Los Alamitos Race Course; and FJC U.S.A. Inc. ("Developer") modifying the type of hotel from a high quality first class hotel to a first class business oriented hotel with meeting rooms, and extending the requirement for a hotel to be open and operating on Planning Area 6 until May 24, 2003. Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has received one letter from the Los Alamitos Race Course indicating their concern with the type of hotel product. The Community Development Director responded to Council Member Sondhi that the City's original intent of requiring a first class high quality hotel for the subject site was to provide the City and Business Park tenants with a full service hotel facility containing meeting rooms and other amenities. The four (4) hotel categories described in the staff report were derived from the Official Hotel Guide Classification System, which contains four (4) levels of first class hotels, consisting of Superior First Class, First Class, Limited Service First Class, and Moderate First Class. The Mayor asked the applicant, if present, to come forward. The applicant, Mr. Rick Morey of CB Richard Ellis, representing FJC U.S.A. Inc., stated that F JO U.S.A. Inc. has entered into a contract with Marriott International to construct a Residence Inn by Marriott on the subject site. Both FJC U.S.A. Inc. and Marriott International have worked very diligently in order to incorporate the Cypress Golf Course and the Clubhouse into the development architecturally in order to tie in both developments. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. The following came forward to speak, and indicated that the hotel classification system is subjective and very ambiguous. Marriott International intends to build a hotel with the largest guest rooms in the City and achieve the highest average rate in the City. Renderings of additional Marriott Hotel projects were shared with the Council: Chris Ivy, Marriott International Kelly Carlyle, Marriott International Mr. Ivy responded to Mayor Piercy that Marriott International is composed of eight (8) different brands of hotels, with the Residence Inn accommodating business markets 12 CITY COUNCIL MINUTES JUNE 12, 2000 where the economics do not justify a full-service hotel. The average stay at a Residence Inn is between three (3) and five (5) nights. Mr. Ivy responded to Council Member Keenan that the Residence Inn by Marriott in Cypress is planned as a four-story structure with indoor hallways. Ms. Carlyle stated that amenities were designed for this site in order to accommodate business travelers, including full breakfast, computer ports in suites, grocery service, and other communications services. Ms. Carlyle confirmed for Mayor Piercy that the design for this site includes a pool, spa, and meeting rooms. No one else wished to speak in support of the application. Mayor Piercy asked if there was anyone who wished to speak in opposition to the application. The following came forward to speak, indicating their concern of constructing a residence-type hotel of anything less than a first class hotel and the need for additional banquet rooms in the City of Cypress. Frank A. Sabato, Vice President & Plant Superintendent, Los Alamitos Race Course Rick Henson, President & General Manager, Los Alamitos Race Course Mr. Sabato responded to Mayor Pro Tem McGill that when he wrote the letter dated April 13, 2000, a copy of which is included in the staff report, he was unaware of what type of hotel was being planned for this site. Mr. Sabato indicated that the Los Alamitos Race Course and FJC U.S.A. Inc. enjoy a positive working relationship. Mr. Sabato responded to Council Member Keenan that the Los Alamitos Race Course has no financial interest in the property which is currently under hotel development, and there are approximately thirteen (13) frontal acres from Winners Circle Drive to the Katella Avenue entrance which is currently owned by the Los Alamitos Race Course and is used for parking. Council Member Keenan stated that he met with Mr. Sabato a few weeks ago and discussed this project in theory, and indicated that the Council does not own, and has no control over this property, with the exception of conditions which can be placed upon the property. The Council is not involved in negotiations with any hotel developers, as that process involves the owner of the property. City Attorney Wynder stated that a modification from a vague, ambiguous term to a more generally acceptable quantifiable term which is accepted in the industry preserves both the rights of the hotel developer and the Los Alamitos Race Course, and brings clarity to an agreement which may be ambiguous. The Community Development Director responded to Council Member Sondhi that the intention of requiring a first class high quality hotel for the site was to provide the City and Business Park tenants with a full service hotel facility containing meeting rooms and other amenities. The modification to a "first class business oriented hotel" will include meeting rooms and other amenities. No one else wished to speak in opposition to the application. The applicant, Mr. Rick Morey of CB Richard Ellis, representing FJC U.S.A. Inc., stated that he had no further comments. Mayor Piercy closed the public hearing. 13 CITY COUNCIL MINUTES JUNE 12, 2000 Council Member Keenan stated that the Council needs to be as non-limiting as possible in order to encourage development in the City of Cypress, as the Council has worked diligently in order to be aggressive in economic development. The Community Development Director responded to Mayor Pro Tern McGill that the specific plan for this project area calls out the hotel and support service and retail use as anticipated uses subject to the Conditional Use Permit. The Community Development Director responded to Mayor Pro Tern McGill that the original Development Agreement was a multi-party agreement between the Los Alamitos Race Course and FJC U.S.A. Inc. The Community Development Director responded to Mayor Pro Tem McGill that notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel, and the Los Alamitos Race Course was included and noticed of this public hearing. It was moved by Council Member Keenan and seconded by Council Member Sondhi to approve the first reading to the Ordinance approving Amendment No. 3 to Development Agreement No. 90-1 between the City of Cypress and Cypress Development Partnership; Los Alamitos Race Course, and FJC U.S.A. Inc. ("Developer") with Exhibit "A" as amended, modifying Paragraph 16 of the Development Agreement to have a first class hotel, of a caliber of not less than that defined as a "moderate first class hotel" by the Official Hotel Guide classification system, built and operated on Planning Area 6. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNClLMEMBERS: McCoy Item No. 15: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2000- 03, A REQUEST TO ADD SIXTY (60) GUEST ROOMS, FOUR MEETING ROOM~ AND ASSOCIATED SUPPORT SPACE TO THE EXISTING COURTYARD BY MARRIO'I-D HOTEL AT 5865 KATELLA AVENUF: The Mayor opened the public hearing. The Community Development Director presented the staff report which described a Conditional Use Permit request to expand an already successful business hotel that has been in place in the Cypress Business Park for many years. The proposal meets or exceeds all applicable City requirements, has been conditioned in a manner that will ensure its compatibility with surrounding uses and the community as a whole, and is a reflection of the continued viability and growth of the Business Park area. Staff recommendation is for approval of Conditional Use Permit No. 2000-03, subject to the conditions of approval listed in Exhibit "A." Notices of this public hearing were posted, published, and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The Community Development Director responded to Council Member Keenan's concerns regarding available parking spaces that with the existing number of hotel rooms, a parking consultant study indicated that many hotel guests arrive via van service or taxi, therefore, there is not a one-to-one parking space to hotel room ratio, even including employee parking. The proposed 240-room hotel will be required to provide 240 parking spaces, and the site will provide 269 spaces, including the 99 spaces on the Office Max parcel. The Mayor asked the applicant, if present, to come forward. The applicant, Charles Biederman, Executive Vice President of Sunstone Hotel Investors, Inc., representing ownership of the Courtyard by Marriott hotel, commended the Community Development Department for their professionalism, cooperation and commitment to ensuring a successful endeavor. The Courtyard by Marriott hotel is a limited-service hotel, but 14 CITY COUNCIL MINUTES JUNE 12, 2000 does include a full-service restaurant. The height, architecture and design of the addition is proposed to match the existing hotel, which will create a uniform elevation with the existing facility. The ground floor of the proposed addition will contain four (4) new meeting rooms, three (3) of which are convertible to a larger room if needed, which will accommodate the need for meeting space in the City of Cypress. Mr. Biederman responded to Council Member Keenan that there are twenty-five (25) designated parking spaces available for employee parking. A study conducted by the Courtyard by Marriott hotel last January revealed that even during full occupancy at 180 rooms, no more than 105 parking spaces were utilized. Mr. Biederman confirmed for Mayor Pro Tem McGill that three (3) of the four (4) new meeting rooms will have the capability of converting to a larger room if needed. Mayor Piercy asked if there was anyone who wished to speak in favor of the application. Chris Ivy, Marriott International, stated that Sunstone Hotel Investors, Inc. is a franchise which owns and operates the Courtyard by Marriott hotel. Marriott International conducted their own internal feasibility study and believes the proposed hotel expansion will be beneficial to the City of Cypress and successful in terms of occupancy and capture of market share in this area. No one else wished to speak in favor of the application. Mayor Piercy asked if there was anyone who wished to speak in opposition of the application. No one wished to speak in opposition of the application. Mayor Piercy closed the public hearing. It was moved by Council Member Keenan and seconded by Mayor Pro Tern McGill to adopt the Negative Declaration and Resolution for approval of Conditional Use Permit No. 2000-03, subject to the conditions of approval listed in Exhibit "A". Council Member Keenan stated that the proposal to expand the Courtyard by Marriott hotel which will provide extra meeting space will be a welcome addition to the City of Cypress. The Courtyard by Marriott hotel has demonstrated that they have a viable business and are willing to expand. RESOLUTION NO. 5248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2000-03 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: McCoy NEW BUSINESS: Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 43429 - 43600. It was moved by Council Member Keenan and seconded by Council Member Sondhi to approve the Warrant List for Warrants No. 43429 through 43600 in the amount of $848,190.69. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Keenan, Sondhi, McGill, and Piercy NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: McCoy 15 CITY COUNCIL MINUTES JUNE 12, 2000 RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. Mayor Piercy recessed the meeting at 10:12 p.m., to enable to Council to convene as the City of Cypress Redevelopment Agency. PRESENT: Agency Board Members Keenan, Sondhi, Agency Vice Chairman McGill, and Agency Chairperson Piercy. ABSENT: Agency Board Member McCoy CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. Item No. 17: APPROVAL OF MINUTES OF APRIL 10, 2000. It was moved by Agency Board Member Keenan and seconded by Agency Board Member Sondhi that the Cypress Redevelopment Agency approve the Minutes of April 10, 2000, as submitted. The motion unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: I BOARD MEMBERS: BOARD MEMBERS: BOARD MEMBERS: Keenan, Sondhi, McGill, and Piercy None McCoy Item No. 18: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH ECONOMIC DEVELOPMENT SYSTEMS. The Community Development Director presented the staff report which described the need for more full service restaurants in Cypress to accommodate the lunch and dinner markets. Cypress Redevelopment Agency staff entered into negotiations with the consulting firm of Economic Development Systems to provide restaurant recruitment services. Staff recommendation is for the Cypress Redevelopment Agency Board to award a contract to Economic Development Systems (EDS), in an amount not to exceed $25,682.40 for Phase II restaurant recruitment services. The Community Development Director responded to Agency Board Member Keenan and discussed the "Scope of Services" (Exhibit "A") specifications of work and services which will be performed by Economic Development Systems. The Community Development Director responded to Agency Board Member Sondhi that the Schedule of Compensation in Exhibit "B" is for services rendered for a six (6) month period, which should be a sufficient amount of time for Economic Development Systems to supplement staffs efforts to contact and recruit desirable restaurant uses. Agency Board Member Keenan recommended that a meeting be scheduled with the target marketing subcommittee and the Council in order to review the scope of work. It was moved by Agency Board Member Keenan and seconded by Agency Vice Chairman McGill that the Cypress Redevelopment Agency approve the Consultant Services Agreement with Economic Development Systems. The motion unanimously carried by the following roll call vote: AYES: 4 BOARD MEMBERS: Keenan, Sondhi, McGill, and Piercy NOES: 0 BOARD MEMBERS: None ABSENT: 1 BOARD MEMBERS: McCoy Mayor Piercy adjourned the meeting of the City of Cypress Redevelopment Agency at 10:24 p.m., and reconvened the Regular City Council Meeting at 10:25 p.m. 16 CITY COUNCIL MINUTES JUNE 12, 2000 REPORT BY COUNCIL REPRESENTATIVE ON COMMITI'EE ASSIGNMENTS: Mayor Piercy requested reports from the Councilmembers on their respective committee assignments. Mayor Pro Tem McGill: Attended an Orange County Fire Authority board meeting on May 25, 2000, in the Irvine City Council Chambers, and heard a brief by Captain Scott Brown, Public Affairs Officer, on the foam backflow incident related to the Stanton fire and drinking water alert in Cypress which occurred last month. Attended an Economic Development meeting with Alice Angus on Friday, June 9, 2000, which was hosted by the Gas Company at the Orange County Sanitation District Office. A presentation was given on community development and economic development. Mayor Piercy: Attended the League of California Cities meeting on Thursday, June 8, 2000, and heard a presentation on dealing with difficult people. Attended the community reception for City Manager Importuna at the Cypress Golf Club, which was well attended. Had the opportunity and pleasure to test drive a Honda Insight electric and gasoline hybrid car, which was offered by the Air Quality Management District. Council Member Keenan and City Manager Importuna also had the opportunity as well to test drive the hybrid car. Attended the Chamber of Commeme installation dinner and awards on June 3, 2000. Mayor Piercy congratulated Pat Cavanaugh, who was installed as the President; Walter K. Bowman, Man of the Year; Judith Eighmy, Woman of the Year; and Willows - A Floral Impression, Business of the Year. Council Member Sondhi: Will be attending committee meetings this week, and will give a report at the next Council meeting. Council Member Keenan: Thanked the Air Quality Management District for implementing the hybrid car test drive program, which is an innovative program that they have made available to surrounding cities as well. Attended an Orange County Council of Governments meeting. The focus of the meeting was transportation, and a SCAG representative discussed the preparation for an upcoming Regional Transportation Plan and the needs of the region. Attended a SCAG Transportation/Communications Committee meeting, as he serves as the Council representative. A presentation was given on aviation and recommendations were made by the Aviation Task Force to study four (4) options as the next Regional Transportation Plan is developed. Attended an Orange County Transportation Authority committee meeting. The committee approved the purchase of twenty (20) articulated buses for high usage routes due to the increase in demand for bus ridership. 17 CITY COUNCIL MINUTES JUNE 12, 2000 Attended an Orange County Transportation Authority board meeting. A public hearing was held on the budget, and the budget was subsequently approved. OCTA approved the purchase of LNG fuel tanks, which will be installed and on-line within a few weeks. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. No items were presented. ADJOURNMENT: Mayor Piercy adjourned the meeting at 10:35 p.m. to Monday, June 26, 2000, at 5:30 p.m. in the Board Room, West Wing of City Hall, 5275 Orange Avenue, Cypress, California. k~AYOR OF THE CITY OF CYP~SS ATTEST: CLE"RK OF ~ CITY d~-~YPRESS 18