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Minutes 96-04-22MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 22, 1996 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, April 22, 1996 in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding. PRESENT: ABSENT: Councilmembers Age, Carroll, Jones, Kerry and Bowman None Also present were City Manager Darrell Essex, City Attorney John Cavanaugh, Community Development Director Chris Kelly, City Planner Alice Angus and Assistant Planner Rosemary Chavez. WORKSHOP SESSION: General Plan Amendment - Walker Street Project. The Community Development Director explained that staff attempted to incorporate the comments made by Council at previous Council meetings and identified some questions for the Council. The City Planner reported that staff had looked at the City of Orange project. She mentioned the difficulties in creating a new zone, the standards to be applied to a new zone and provided some options on RS-5,000 zoning. A table, depicting the existing RS- 6,000 development standards and suggested RS-S,000 standards, was incorporated into the staff report and explained by the City Planner. There was discussion on density, building site, lot width and depth and front yard area. The issue of how much parking and its impact was discussed. Councilmember Jones voiced the opinion that four parking spaces per unit was not acceptable. RECESS: Mayor Bowman recessed the meeting at 5:30 p.m. to enable the Councilmembers to continue the meeting in the Council Chamber. The meeting was reconvened at 5:40 p.m. with all Councilmembers present. Also present were City Manager ESSEX, City Attorney Cavanaugh and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. ORAL COMMUNICATIONS: For Matters On the 5:30 P.M. Agenda. No one spoke. AWARD OF CONTRACTS: CONSIDERATION OF AWARD OF CONTRACT FOR THE ASPHALT CONCRETE OVERLAY AND INSTALLATION OF SIGNAL INTERCONNECT CONDUITS IN CERRITOS AVENUE, PUBLIC WORKS PROJECT NO. 9577: The City Manager asked the Public Works Director to summarize the staff report dated April 11, 1996, which reported the award of a contract for the construction of asphalt concrete and installation of signal interconnect conduits in Cerritos Avenue from Denni Street to Walker Street. The work included removal and replacement of deteriorated sections of existing pavement, installation of signal interconnect conduits and the addition of 1.5" thick new asphalt on the entire surface of Cerritos Avenue. The City of Cypress will be reimbursed approximately $41,000 of Measure M funds from the City of Los Alamitos for the installation of the traffic signal interconnect conduit portion of this project. It was moved by Councilmember Carroll and seconded by Councilmember Kerry to: Determine the lowest responsible bidder for Public Works Project NO. 9577 to be R. J. Noble Co., and o Award a contract for the Asphalt Concrete Overlay and Signal Interconnect of Cerritos Avenue to R. J. NOble Co., 15505 E. Lincoln Avenue, Orange, California 92666, in the amount of $199,255.75 (award amount of $181,141.59 plus 10% contingency). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CONTRACT FOR 1996 FIREWORKS VENDOR: The Recreation and Park District Director reviewed the staff report dated April 16, 1996, which indicated that the City of Cypress has been working with the cities of Los Alamitos, Seal Beach, the CITY COUNCIL MINUTES April 22, 1996 Rossmoor Community Services District and the LOS Alamitos Armed Forces Reserve Center (AFRC) since 1988 to produce one of the finest July 4th celebrations in Orange County. The Multi-Agency Fireworks Committee offers the various constituents a family- oriented, patriotic event. For the past three years, the Cypress Recreation & Park District, representing the Multi-Agency Fireworks Committee, has contracted with Fireworks America to supply the pyrotechnics. It was moved by Councilmember Carroll and seconded by Councilmember Jones that the Cypress City Council acting as the ex-officio Board of Directors for the Cypress Recreation and Park District: Determine that it is in the best interest of the City to dispense with formal competitive bidding, pursuant to City Code Section 21A-10F, and o Authorize the award of contract, in the amount of $10,500, to Fireworks America, P.O. Box 488, Lakeside, CA 92040, as the pyrotechnics vendor for the 1996 4th of July Fireworks Celebration. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CONFIRMATION OF THE TERMINATION OF THE ClTY'S CURRENT CITY CONTRACT FOR CUSTODIAL SERVICES, AND AWARD OF THE CONTRACT TO THE NEXT QUALIFIED BIDDER: At the request of the City Manager, the Public Works Director referred to the staff report dated April 15, 1996 and the performance problems associated with the custodial contractor. Authority was requested and granted by Council to terminate the current contract at the end of thirty days if their performance did not change. Performance has not improved and staff recommended that the contract be formally terminated and a new contract awarded to the next qualified bidder, Orange County Janitorial Company. It was moved by Councilmember Jones and seconded by Councilmember Kerry to: Confirm the 30 day notice issued to Bell Building Maintenance Company terminating their City of Cypress Custodial Contract effective May 1, 1996, and o Award a new two year contract, effective May 1, 1996, to Orange County Janitorial Company, 17801 Sky Park Circle, Suite K, Irvine, California 92714, to provide custodial services as per Request for Quotation No. 9596-9, at an annual cost of $21,240.00. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF SELECTION OF FIRM TO PROVIDE AUDIT SERVICES: The City Manager requested the Finance Director to present the staff report dated April 16, 1996, which provided the results of negotiations with the two potential firms to provide annual audit services for the City over three years. Staff suggested that KPMG Peat Marwick be awarded the contract based on price. It was moved by Councilmember Carroll and seconded by Councilmember Jones to award the contract for audit services to the firm of KPMG Peat Marwick for the three fiscal years starting with Fiscal Year 1995-96 in the total amount of $54,000. Councilmember Bowman referred to the Orange County bankruptcy and the fact that Peat Marwick is being litigated against by the County. He didn't believe it was prudent to award them a contract at this time and he would prefer to contract with the other provider. Councilmember Carroll commented that auditors audit an organization's adherence to their policies, they don't second guess judgment. They question whether the client followed their own policies. Councilmember Kerry agreed with Mayor Bowman in that the community expects the auditor to review the financial position of the entity and people expect they would inform the agency if there was a problem. The motion carried by the following roll call vote: 2 CITY COUNCIL MINUTES April 22, 1996 AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Carroll and Jones 2 COUNCILMEMBERS: Kerry and Bowman 0 COUNCILMEMBERS: None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered bv the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Carroll asked that Items No. 10, 11, 15 and 16, i996-97 Capital Improvement Program General Plan Consistency Finding, Franchise Tax Audit Subpoena Resolution, Amendment to the OCCRMA Joint Powers Agreement and Additional Appropriation for Business License Information, respectively, be pulled. OCouncilmember Jones requested Item No. 20, Employee Military Leave of Absence, be removed. It was moved by Councilmember Kerry and seconded by Councilmember Carroll to approve the Consent Calendar Items NO. 5 through 20 with the exception of Items No. 10, 11, 15, 16 and 20. The motion unanimously carried by the following roll call vote: vote AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item No. 5: Motion to Approve City Council Minutes of April 1, 1996 and April 8, 1996. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of April 1, 1996 and the Regular Meeting of April 8, 1996, as submitted, with Council Member Jones abstaining on the April 8, 1996 Minutes due to her absence at the meeting. Item No. 6: Motion tO Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 7: Consideration of Proclaiming April 21-27, 1996, as "1OF Foresters Child Abuse Prevention Week." Recommendation: That the Mayor and City Council officially proclaim April 21-27, 1996, as the "1OF Foresters Child Abuse Prevention Week" in the City of Cypress. Item No. 8: Consideration of Proclaiming May 1996, as "Clean Air Month." Recommendation: That the Mayor and City Council officially proclaim May 1996, as "Clean Air Month" in the City of Cypress. Item No. 9: Consideration of Proclaiming May 11, 1996, as "Fire Service Recognition Day." Recommendation: That the Mayor and City Council officially proclaim May 11, 1996, as "Fire Service Recognition Day" in the City of Cypress. Item NO. 12: Consideration of Proclaiming May 1996, as "Older Americans Month." Recommendation: That the Mayor and City Council officially proclaim May 1996, as "Older Americans Month" in the City of Cypress, as requested. Item NO. 13: Consideration of an Application for Alcoholic Beverage License Transfer Filed by Matthew Harvey & Betricia Annette Smith, D.B.A. Cypress Family Pizza, 6189-6195 Ball ROad, Cypress. Recommendation: Receive and file. Item No. 14: Consideration of Budget Appropriation for Cable TV Services. Recommendation: That the City Council move to approve an appropriation from the General Fund Unreserved Fund Balance to Account NO. 4187-11-119-02 (other Contract Services-Private), in the amount of $11,500, for the installation of Cable TV transmission lines to schools in the Cypress School District. CITY COUNCIL MINUTES April 22, 1996 Item NO. 17: Consideration of Refund of Fees for Design Review Committee NO. 96-8 and Administrative Adjustment No. 96-4. Recommendation: That the City Council approve partial refund of the processing fee for Design Review Commi~ee No. 96-8 in the amount of Eighty Dollars ($80.00) and full refund of fees for Administrative Adjustment No. 96-4 in the amount of Fifty Dollars ($50.00) for a total refund of One Hundred Thirty Dollars ($130.00). Item No. 18: Consideration of Design Review Committee No. 96-11, Amendment to Sign Program, 10953 Meridian Drive, Cypress. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 96-11, eliminating the words, "and may not duplicate the sign colors used by adjacent stores'~ from Section B. of the approved sign program for Meridian Plaza. RESOLUTION NO. 4621 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 96-11 - WITH CONDITIONS. Item No. 19: Consideration of Revised Job Specifications for Maintenance Attendant. Recommendation: That the City Council move to approve the job specifications for the temporary/seasonal position of Maintenance Attendant, with no change in compensation. Regarding Item NO. 10, Consideration of 1996-97 Capital Improvement Program General Plan Consistency Finding, Councilmember Carroll had several questions on the capital improvements, which were answered by staff. It was moved by Councilmember Carroll and seconded by Councilmember Age to find the 1996-97 Fiscal Year Capital Improvement Program consistent with the Cypress General Plan as required by Government Code Section 65103(c). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None With regard to Item NO. 11, Consideration of Franchise Tax Audit Subpoena Resolution, Councilmember Carroll asked who was to be subpoenaed and why. The Finance Director explained that the records of the utility companies were being subpoenaed so the City could perform an audit and that information would not be supplied unless they were subpoenaed. It was moved by Councilmember Carroll arid seconded by Councilmember Age tO adopt the Resolution by title only, title as follows, requiring a subpoenaed party to provide certain information to the City for the purpose of conducting an audit of franchise taxes. RESOLUTION NO. 4622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUIRING A SUBPOENAED PARTY TO PROVIDE CERTAIN INFORMATION TO THE CITY AND/OR ITS AUTHORIZED REPRESENTATIVES FOR PURPOSES OF CONDUCTING AN AUDIT OF THE ClTY'S FRANCHISE TAXES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Referencing Item NO. 15, Consideration of Amendment to the OCCRMA Joint Powers Agreement, Councilmember Carroll asked who comprised the Board of Directors for the RiSk Management Authority. The Administrative Services Director explained that each City has a representative and an alternate and that City pays their insurance policies through the joint venture known as OCCRMA. After further explanation, it was moved by Councilmember Jones and seconded by Councilmember Kerry to adopt the 4 CITY COUNCIL MINUTES April 22, 1996 Resolution bv title only, title as follows, approving the Amendment of the Joint Powers Agreement for the Orange County Cities Risk Management Authority. RESOLUTION NO. 4623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT OF THE JOINT POWERS AGREEMENT FOR THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Regarding Item No. 16, Consideration of Additional Appropriation for Business License Information, the Finance Director responded to Councilmember Carroll's inquiry about incurring a $24,000 expense for business license information. The State wishes to have information as quickly as possible on business licenses so they can determine if they are receiving the proper revenues and indicated they will reimburse the City if they update their lists more often. It was moved by Councilmember Carroll and seconded by Councilmember Age tO authorize an additional appropriation of $24,000 in Account NO. 4189-11-155-04 (Business License) and an increase in estimated revenues of $24,000 in ACcount No. 3518-11 (State Mandated Reimbursement). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Regarding Item No. 20, Consideration of Employee Military Leave of Absence, Councilmember Jones asked if any City employee who chose to enlist in a branch of the military services was entitled to receive the benefits outlined during the temporary military leave of absence. She was concerned about paying for sick leave and vacation and if there would be documentation required. The Administrative Services Director replied that the leave was granted by State law and proof of the employee's military service was required. After further discussion, it was moved by Councilmember Age and seconded by Councilmember Kerry to approve the Military Leave of Absence, without pay, as per the Cypress Personnel Rules and Regulations and State Law. The motion unanimously carried bv the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Councilmember Kerry noted that the vote recorded in the Minutes of April 8, 1996 was in error. She had voted "no" on the second reading of the Adult Business Ordinance, not "yes". She asked those Minutes be amended to reflect the "no" vote and hearing no objection, the Mayor so ordered. ORDINANCES (Second Reading): It was moved by Councilmember Age and seconded by Councilmember Kerry to order the following ordinance ready by title only, title as follows, and to adopt the Ordinance regulating noncommercial signs, including political signs. ORDINANCE NO. 952 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CODE OF THE CiTY OF CYPRESS REGARDING THE REGULATION OF NONCOMMERCIAL SIGNS, INCLUDING POLITICAL SIGNS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 3 COUNCILMEMBERS: Age, Kerry and Bowman I COUNCILMEMBERS: Carroll 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Jones 5 CITY COUNCIL MINUTES April 22, 1996 Councilmember Jones abstained due to her absence at the meeting of April 8, 1996. CLOSED SESSION: Mayor Bowman recessed the meeting at 6:10 p.m. to enable the Councilmembers to enter into a Closed Session to discuss the agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6) on the Public Safety Employees Association; and Conference with Legal Counsel, Existing Litigation (Government Code 54956.9(a) Case No. 751159, Jon Hockey. The meeting reconvened at 7:30 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Storey and Wicker. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Jones. PRESENTATIONS: Mayor Bowman read and presented a Fire Service Recognition Day Proclamation to Don FOrsythe, Battalion Chief, of the Orange County Fire Authority. Mr. Nick Eighmy, representing the Cypress Bingo Council, made a monetary presentation of approximately $1,200 to Chief Wicker in support of the Police Department's D.A.R.E. Program. Police Chief Daryl Wicker presented the City with a check for $89,752.08, the Federal Grant Reimbursement for police services, for the two officers who have been in service for a year. The City Manager briefly related the discussions held by Council during the Workshop Session on the General Plan Amendment concerning the Walker Street Project. He then summarized the actions taken by Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed the discussions held during the agendized Closed Session items of Labor Negotiations with the Public Safety Employees Association and a pending Litigation matter on Jon E. Hockey. ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A SPECIAL PERMIT - PIZZA HUT ~8991, 4185 BALL ROAD, CYPRESS: The public hearing was opened by Mayor Bowman. The City Manager presented the staff report dated April 15, 1996 to which was attached an application for a Special Permit to conduct door-to-door solicitation of discount food coupons by Mr. Kevin Bulger of Pizza Hut. The Affidavits of Publication and Posting of the Public Hearing Notice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this Special Permit application. The Chief of Police has conducted an investigation in accordance with Section 15-60 of the Cypress City Code and the report is attached. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The applicant, Kevin Bulger, Area Manager for Pizza Hut, 4185 Ball Road, Cypress, clarified that they would be distributing free coupons door-to-door, without contacting the homeowner. NO one wished to speak in favor of or in opposition to the application. It was moved by Councilmember Age and seconded by Councilmember Jones to close the public hearing and approve the permit, subject to the standard conditions of solicitation being conducted only during daylight hours; no solicitation on Sundays; and each solicitor to carry a copy of the Special Permit for identification purposes. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES April 22, 1996 AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR SPECIAL PERMIT- ALICIA PAWN SHOP, 5177 LINCOLN AVENUE, CYPRESS: Mayor Bowman opened the public hearing. The City Manager summarized the staff report dated April 15, 1996, which indicated this issue was rescheduled for a Public Hearing due to the fact that the applicant changed the location of Alicia Pawn Shop to 5177 Lincoln Avenue from the location originally stated on the application for a special Permit to operate as a pawnbroker. Attached were copies of the original application and report from the Chief of Police. The Affidavits of Publication, Mailing and Posting of the Public Hearing NOtice on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this Special Permit application. In accordance with Section 15-62 of the Cypress City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. In response to Councilmember Jones' inquiry on the imposition of conditions on the application, the City Attorney replied that if there are special circumstances surrounding this application, the Council may impose conditions that are appropriate to this particular operation outside of those indicated by State law. The Chief summarized the requirements imposed by the Business and Professions Code of the State which regulate the Pawn/Secondhand Dealing shops. Mrs. AliCia Wagner, the applicant, her daughter and husband volunteered to answer any questions from Councilmembers. Mayor Bowman asked if anyone wished to speak in support of the application. No one did so. He then asked if anyone wished to speak in opposition to the application. Ms. Jo Anne West, 9375 Cambridge Street, Cypress, expressed concern about pawning guns. She didn't want to see any more guns in Cypress, especially across from a school. NO one else spoke. The applicant advised that they had indicated on their license that they would not deal in guns. The Police Chief added that if they were to take guns it would require another licensing process as a firearms dealer with the Federal government and that application had not been made. Councilmember Carroll asked that a restriction be placed on the permit that items will not be displayed outside the store and any signage be in conformance with the City's sign ordinance. Councilmember Kerry referred to the report which stated that the Council is to determine whether or not the operation will comport with the peace, health, safety, convenience, good morals and general welfare of the public. The major concern that she had was that Lincoln Avenue was in redevelopment, had a very high crime rate compared to the rest of the City and would it be appropriate to deny this application because of the problems in the area. The City Attorney advised that the Council needs to make a finding that it comports with the peace, health, safety and welfare of the public. The Council is charged with considering all the facts on this application, i.e., the area, the crime statistics, if that's something the Council's concerned with, and then make a decision whether or not it falls within that public health/safety definition. If it does not, then the decision can be made to deny or, if it does, then a decision to approve, subject to whatever hours are appropriate for the operation of the business. Councilmember Kerry asked if it would be appropriate to obtain some of the crime statistics for that area before making a decision. 7 CITY COUNCIL MINUTES April 22, 1996 The Police Chief remarked that the primary focus has been east of that location. He didn't know what statistics he could produce that would tell them that the pawn shop would impact the existing crime rate without a comparison. If the concern is the impact on the public health and safety in that area, the Chief suggested the permit be issued for a limited period of time when any impacts could be evaluated and reported to the Council appropriately. The City Manager said the permit could be conditionally approved, asking for a year's evaluation to review the crime statistics. Councilmember Kerry commented that if statistics show that Lincoln Avenue is a higher crime area in general, then why allow something that may impact it. Councilmember Jones agreed with Councilmember Kerry. She had a concern with the proximity of the proposed business to schools, churches and the senior center, the character of people coming into the community and she didn't feel the business complied with the public health and safety standards. Mr. Bob Eckes, property owner at 5171 to 5185 Lincoln Avenue, advised that the property had been rehabilitated through the Cypress Redevelopment Agency. Responding to Councilmember Carroll, the Police Chief answered that historically pawn shops have a reputation associated with property crimes; however, they do have the legitimate purpose of loaning money. The Chief advised that his department would be making inspections of the operation. Councilmember Jones commented that she didn't think the citizens in the City of Cypress would be provided a convenience because they have no need for a pawn shop, it didn't meet the standards and it is not something that is appropriate in the City of Cypress. She would be voting no on this item. Councilmember Kerry stated that Lincoln Avenue is in redevelopment, it has a higher crime rate and issues associated with it that the City is trying to resolve. She didn't think the granting of the permit was in the best interest of peace, health or safety of the community and she moved to close the public hearing and deny the permit. The motion was seconded by Councilmember Jones. Councilmember Age said she would vote for this application because the Chief would be making arbitrary inspections, reporting to the Council and with the restrictions suggested by Councilmember Carroll, it would be unfair to deny the applicants an opportunity to open a shop. Councilmember Bowman said he would not vote in favor of this application. He didn't believe this type of operation was what the community had in mind when redevelopment was begun along Lincoln Avenue. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Carroll, Jones, Kerry and Bowman I COUNCILMEMBERS: Age 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT GRAND AMERICAN COFFEE AND TEA COMPANY, 10569 VALLEY VIEW STREET, CYPRESS: The Mayor opened the hearing. The staff report dated April 15, 1996 was summarized by the City Manager. An application had been submitted for a Live Entertainment Permit by Messrs. Otsuka and Durham, D.B.A. Grand American Coffee and Tea Company, 10569 Valley View Street, Cypress, to allow a varie~/of entertainment, Monday through Saturday from 6 p.m. to 10 p.m., and on Sundays from I p.m. to 5 p.m. The Public Hearing to consider this application has been scheduled for 7:30 p.m., on Monday, April 22, 1996. The Affidavits of Posting, Publication and Mailing of the Public Hearing Notices on this matter are on file in the Office of the City Clerk and, as of this date, no written communications have been received either in favor of or in opposition to this application. In accordance with Section 9-6 of the Cypress City Code relating to Live Entertainment Permits, the Chief of Police has completed an investigation of the applicant and the proposed type of entertainment. The Planning Department was requested to submit any comments relative to the proposed entertainment at the establishment which was approved under Conditional Use Permit No. 96-2. Staff would recommend that no entertainment take place outdoors. Pursuant to Section 9-8 of the Cypress City Code, the City Council may issue or deny the permit upon a determination as to whether or not the operation of the trade, occupation or business by the applicant and the live entertainment will comport with the peace, health, safety, convenience, good morals and general welfare of the public or that the applicant is unfit to be trusted with the privileges granted by such permit or possesses bad moral 8 CITY COUNCIL MINUTES April 22, 1996 character, intemperate habits or bad reputation for truth, honesty or integrity. The Council has previously established the condition for all live entertainment permits reserving the right to reconsider the granting of the permit in the event the noise or other problems associated with the operation at the premises rises to a level which is of concern to the neighbors. The Council may impose any other conditions which they feel are required under the provisions of this Section. Messrs. George Otsuka and Rensey Durham, 10569 Valley View Street, Cypress, said they wanted a place for the citizens to gather in the evening and enjoy light entertainment. The type of entertainment will depend on the preference of the clientele. Mayor Bowman mentioned that staff recommended that no entertainment take place outdoors and Mr. Durham advised that was not a problem. No one wished to speak in support of or in opposition to the live entertainment application. It was moved by Councilmember Kerry and seconded by Councilmember Jones to close the public hearing and conditionally approve the permit, with Council review in one year, including the hours and conditions that staff had proposed. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: RENEWAL OF CONDITIONAL USE PERMIT NO. 94-10, AUTOMOTIVE PAINTING AND RESTORATION BUSINESS WITHIN AN EXISTING RECREATIONAl VEHICLE STORAGE YARD, 5692 LINCOLN AVENUE: Mayor Bowman referred to the staff report dated April 15, 1996, in which the applicant had notified staff that he would be out of town on April 22, 1996 and requested that this item be continued. It was moved by Councilmember Jones and seconded by Councilmember Kerry to continue this item to the City Council meeting of May 13, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS-. None CONTINUATION OF CONSIDERATION OF AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95-42, TWO SPECULATIVE OFFICE/WAREHOUSE BUILDINGS, 10700 VALLEY ViEW STREET & 6100 GATEWAY DRIVE: The City Manager asked the Community Development Director to summarize the staff report dated April 8, 1996 and she began with a modification to Condition No. 8, deleting the word, "sidewalk" and Condition NO. 52, second line, replace the words "use permit" with the word "approval." She continued with her report which represented a request by Warland Investments to construct two speculative office/warehouse buildings containing a total of 130,000 square feet located at the southeast corner of Valley View Street and Gateway Drive within Planning Area 2 of the PC-4 Planned Community Business Park Zone. The buildings are proposed to be built in phases. This application for Design Review was continued from an earlier Council meeting because they had redesigned the proposed development. The modification of the proposed site plan necessitated revisions to the original environmental analysis (Initial Study/Environmental Checklist) and recirculation of the Negative Declaration for the project. DUe tO these required revisions of the environmental document and recirculation of the Negative Declaration, staff is processing this revised request as Amendment to Design Review Committee NO. 95-42. The proposed buildings meet all development codes and standards set forth in the PC-4 Planned Community Business Park Zone and the Warland/Cypress Business Center Specific Plan. The proposed buildings are also consistent with the goals and policies set 'Forth in the Cypress General Plan. In accordance with the requirements of the California Environmental Quality Act, an Initial Study and Mitigated Negative Declaration have been prepared for this development. Mr. Carl Robertson, Warland Investments Co., 1299 Ocean Avenue, Suite 300, Santa Monica, introduced the architect on the project Mr. Howard F. Thompson who has designed many of the Warland buildings in the Business Park. Mr. Thompson stated that CITY COUNCIL MINUTES April 22, 1996 they have attempted to emulate the design of the existing buildings in the proposed spec buildings. Mr. Robertson said that the anticipated buildout would be consistent with other buildings they have built throughout the Business Park. The buildings are aimed at the higher end of the market spectrum; people who distribute or manufacture very expensive products. Warland typically plans more parking space than what they anticipate the use to be. He provided some statistics on the Business Park that aren't generally known and they will be conferring with the Chamber of Commerce in developing facts with respect to the Business Park. Regarding the sidewalk along Gateway Drive, Mr. Robertson commented that although they are not required to do so, they will probably construct a sidewalk there because there is a need. It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve the Mitigated Negative Declaration and direct staff to file a NOtice of Determination; and adopt the Resolution by title only, title as follows, approving Amendment to Design Review Committee No. 95-42, subject to conditions. RESOLUTION NO. 4624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 95-42 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF RESOLUTION ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS: The City Manager reviewed the staff report dated April 16, 1996. Attached to the report was a Resolution repealing the current Resolution NO. 4572 and moving the Award of Contracts, Consent Calendar and Ordinances (Second Reading) sections to the evening session which will begin at 7:00 p.m. instead of 7:30 p.m. The commencement of the new order of business would be the Council meeting of May 13, 1996. Mayor Bowman asked the City Attorney to check if there could be a three minute time limit under Oral Communications for Clarification of Matters on the 7:00 p.m. Agenda. Regarding public hearings, the Mayor felt that a time limit needed to be considered on public comment by any particular speaker and he suggested a limitation of 10 minutes per speaker. He believed the applicants were in a different position. Councilmember Carroll asked if there could be a problem letting the applicant speak without a time limit and limiting the public to 10 minutes. He would agree to the restriction but to speak longer would require approval of the Council. Councilmember Age asked the City Attorney to determine what the fine line was where Councilmembers did not have to listen to abuse from the public. Mayor Bowman cited 2.2 15 (b) of the City Code that says, "any personal, impertinent or slanderous remarks or anyone who becomes boisterous shall be barred by the Mayor unless overruled by a majority of the Council." Councilmember Kerry suggested that statement be printed at the top of the Agenda for the benefit of those people who wish to speak to the Council. She believed that an applicant could make their presentation within a 10 minute time limit. The question and answer period should be outside the 10 minute limit for the applicant. Councilmember Carroll would concur with 10 minutes and longer if the Council would approve, inc!uding the applicant. The Council concurred with Councilmember Carroll's suggestion. Mayor Bowman asked if the three minute limitation on Oral Communications for Matters on the Agenda was in effect. The City Manager recommended that the time limits be printed on the Agenda for clarification on both the Oral Communications and Public Hearings. 10 CITY COUNCIL IVlINUTES April 22, 1996 Councilmember Jones felt that waiting to speak on Oral Communications for Matters Not on the Agenda was a disservice to the Community and she wished to provide those citizens with a forum at 7:00 p.m. rather than later. Mayor Bowman remarked that the present situation seemed to be working quite well. Councilmember Kerry suggested the citizens write communications to the Council and/or staff expressing their concerns. The City Attorney clarified that the comment during public hearings would be ten minutes or longer if the Council approved with a majority vote. It was moved by Councilmember Kerry and seconded by Councilmember Jones to adopt the Resolution by title only, title as follows, establishing the order of business of City Council meetings, including time restrictions. RESOLUTION NO. 4625 A RESOLUTION OF THE CITY COUNCIL OF TFIE CITY OF CYPRESS, REPEALING RESOLUTION NO. 4572 AND ESTABLISHING THE ORDER OF BUSINESS OF CITY COUNCIL MEETINGS. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CONSIDERATION OF WICKER DRIVE LAND USE ADVISORY COMMITTEE FINAL REPORT: The Community Development Director introduced Mr. Bill Wostenberg, Chairperson of the Wicker Drive Land Use Advisory Committee, who presented the final report and answered questions from Council. Mr. Wostenberg thanked each of the committee members and City staff for their work and dedication during the past six months. Councilmembers commended the Committee and asked some questions on the prioritizing of the five options for the Wicker Drive land use. He emphasized that they were presenting five options to consider either as individual proposals or a combination of land uses. The Committee did not reach a consensus on the number one use for the property. Responding to Councilmember Age on the size of the group, Mr. Wostenberg suggested that the Council consider the applicants' backgrounds and not necessarily appoint all those who apply. Mayor Bowman reported that he had received a phone call from a resident residing at the corner of Orange and Walker who expressed opposition to a fire station on the Wicker Drive property because of the noise. The Mayor suggested that the report be received and filed but Council should have a workshop on this item soon. Councilmember Carroll asked for a clarification on the status of receive and file. The City Attorney explained that the Council takes the report and flies it, with action or a decision on the issue at some later time. Mr. Wostenberg mentioned the apprehension of some Committee members that the report might get shelved and he asked that this not happen. He also said that there were five recommendations, an attempt was made to rank those recommendations but a consensus could not be reached. Councilmember Jones suggested that in the first workshop session there be a presentation in detail of each of the proposals made from the sub-committees, then ask the Fire Authority for a presentation. Councilmember Age added that the funding is not available in redevelopment to start building now. The City wanted to know the interim uses until a decision is made. She thanked the committee members for their extensive work. 11 CITY COUNCIL MINUTES April 22, 1996 In response to Councilmember Carroll's inquiry, Mr. Wostenberg remarked that there was a strong desire expressed to have public use of the land versus return on investment. Councilmember Kerry recommended a workshop, with the chairperson of each subcommittee making a presentation. Councilmember Carroll suggested that all the members of the committee be invited to the workshop. It was moved by Councilmember Jones and seconded by Councilmember Age to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None The City Manager said that the Council should have the total impact of the budget, then follow up with a workshop. Councilmember Jones suggested that this workshop be held when the new City Manager has assumed the position. Mayor Bowman suggested that a workshop date be selected at the May 13, 1996 Council meeting. CONSIDERATION OF THE "DISCLOSURE STATEMENT" AND THE SECOND AMENDED PLAN OF ADJUSTMENT IN ORDER TO COMPLETE A VOTE ON ACCEPTING OR REJECTING THE ORANGF COUNTY'S PLAN OF ADJUSTMENT: The Finance Director summarized the staff report dated April 15, 1996, to which was attached the "Plan" from the County of Orange. The County is requesting that the City vote to accept or reject the Plan which settles approximately $1.9 billion of the County's pre-bankruptcy liabilities. The County feels that the Plan assures its ability to provide essential services to its residents. Following approval, the Bankruptcy Court will consider confirmation of the Plan beginning May 1, 1996. Following this timetable, the County contemplates emerging from bankruptcy before the end of June 1996. The City of Cypress has received nine ballots to cast on accepting or rejecting the Plan. It was moved by Councilmember Age and seconded by Councilmember Jones to authorize the City Manager to accept and vote on the Plan of Adjustment, if it is determined that the Plan is compatible with the Joint Agreement approved by the City Council on February 26, 1996. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF ORANGE COUNTY LANDFILL TIPPING FEE: The staff report dated April 15, 1996 was presented by the City Manager. This issue is presented to the Council for information and discussion at the request of Councilmember Carroll. The Orange County Board of Supervisors approved a 23% reduction in the County landfill gate fee from $35 per ton to $27 per ton, effective April 1, 1996. The rate adjustment process is designed to annualize the rate change to customers, effective September 1, and each time the City changes the residential rate, Southern California Water Company charges the City nearly $5,000 for computer programming/billing changes. The decrease in the landfill gate fee equates to about an 8.5% reduction in trash rates. However, it is projected that, due to anticipated increases in the other economic factors of the formula, the rate adjustment may still be a decrease, but probably not an 8.5% decrease in the overall rate. An option would be to consider a change in the Franchise Agreement to amend the formula used to set the rates. Councilmember Carroll advised that he would like to see some equity built into the future billings, so that people aren't put in a speculative position. He would like the rate calculations before approval of future rates and some data on the impact to the customer. He was not in favor of an interim billing between now and September. After some discussion, the City Manager advised that the City is working with the contractor on an on-going basis. There are other things that have a monetary impact that are not part of the advertised formula. Mr. George Briggeman, Briggeman Disposal, Inc. believed that the Board of Supervisors acted in a hasty fashion when they reduced the landfill tipping fees several weeks ago. 12 CITY COUNCIL MINUTES April 22, 1996 Some cities are diverting their waste out of the County. He felt that the Board will have to raise their tipping fees again. Responding to Councilmember Carroll's inquiry, Mr. Briggeman advised that the formula came from the County franchise agreements and he didn't think much of it. He would like to establish a contract with the management of the Waste Energy Plant in Long Beach. Councilmember Kerry reported that there is a lot of waste truck traffic coming through Cypress that is not from Orange County. Mr. Briggeman remarked that it was extremely important to continue diverting as much of the waste as possible and to continue to develop green waste disposal. It was moved by Councilmember Jones and seconded by Councilmember Age to receive and file the report. The City Manager clarified that staff would review the equity in the existing formula prior to September 1. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CYPRESS HIGH SCHOOL'S GRAD NITF: The City Manager said that Mayor Bowman had asked that this item be placed on the agenda in response to the communication received from Sandy Longobardy, Co-Chairperson of the Cypress High School Grad Nite. Attached to the staff report dated April 17, 1996 was a copy of the Minute ACtion taken by the City Council last year in regard to this issue. Police Chief Wicker advised that $1,000 was available in the Drug Asset Seizure Fund. Councilmember Jones asked that the funds be made available to all the high schools serving the residents of the City, not just Cypress High School. Councilmember Carroll would be in favor of providing Grad Nite funds on a per capita basis. Councilmember Kerry said that the money was matched based on a dollar figure per student. Mayor Bowman believed $2,000 was given to Cypress High School and calculated on a per capita basis in the event another high school made a request. It was moved bv Councilmember Jones to appropriate monies from another fund and grant $2,000. Police Chief Wicker said he would approach Cypress Community Safety Coordinating Council (CCSCC) for the second $1,000 later this month if that was agreeable to the Council. The motion was seconded by Councilmember Kerry and unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF CURFEW ENFORCEMENT: The City Manager asked Police Chief Wicker to summarize the report dated April 15, 1996, which indicated that at the April 8, 1996 meeting, City Council heard complaints about juveniles loitering about neighborhoods in violation of the City's curfew ordinance. Council subsequently directed the Chief to provide information about curfew enforcement and, specifically, the City of Anaheim's juvenile curfew ordinance. Anaheim treats curfew as an infraction and the Cypress City Code makes curfew violations a misdemeanor. Because it is an infraction, the Anaheim Police Department may issue citations to minors found to be in violation of their curfew ordinance. Minors cannot be issued a citation for misdemeanor city code violations and, subsequently, Cypress officers cannot take enforcement action for Cypress curfew violations. Members of the Orange County Chiefs' and Sheriff's Association and the Orange County School Superintendents' Association have been trying to work out an agreeable solution with the court to allow for infraction citations for both truancy and curfew violations. Responding to Councilmember Carroll's question on bringing curfew violations to an infraction offense, the Chief would prefer not to consider it an infraction. He would prefer to defer on that because when a request is made of the Council for action that it be consistent with what will be done on a County level. The staff recommendation is pending further recommendation that will come to the Council later. 13 CITY COUNCIL MINUTES April 22, 1996 Councilmember Carroll asked the Council to consider the need for both a curfew and truancy ordinance. Councilmember Kerry believed it would be to the City's advantage to try and do something now about curfew and truancy. The City Attorney explained the differences between a curfew ordinance and a truancy ordinance. The intent behind truancy ordinance is State driven to keep the children in school. Curfew ordinances have a history of attempted enforcement and the original intent was to protect the juveniles. The ordinance would not be unconstitutional based on the status but unconstitutional because in the enforcement of such an ordinance the primary purposes have to be delineated on the reason for the ordinance and there must be exceptions. The ordinance in the City Code has some flaws which are the lack of exceptions. If the Council would like to revisit the current ordinance it could be revised to be more constitutional. It was moved by Councilmember Kerry and seconded by Councilmember Jones to direct the City Attorney to review the current curfew ordinance and the truancy ordinance. Councilmember Carroll asked if it would be more expeditious to review the curfew ordinance first and the truancy ordinance second and the City Attorney replied in the affirmative. Councilmember Kerry agreed. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF RESOLUTION OF THE SAN CLEMENTE CITY COUNCIL REQUESTING THF SADDLEBACK COLLEGE STUDENT GOVERNMENTS, FACULTY AND DEANS TO REINSTATE THE PLEDGE OF ALLEGIANCE AS AN AGENDIZED ITEM FOR THEIR PUBLIC MEETING.~: Mayor Bowman referred to the staff report dated April 17, 1996 which he had asked be placed on the April 22, 1996 agenda. Attached to the report was a copy of a communication from Mayor Steve Apodaca of the City of San Clemente transmi~ing a copy of their Resolution on this issue. Apparently the representatives of Saddleback College have determined that the Pledge of Allegiance is not reflective of society and that it alienates foreign exchange students. The City of San Clemente felt that including the Pledge of Allegiance on an agenda invites, but does not mandate, public participation. Councilmember Kerry stated that it was beyond belief that a public entity would even consider not saying the Pledge of Allegiance. Councilmember Jones concurred and the Pledge reminded the people of the rights and freedoms that they do enjoy. Councilmember Carroll felt that the symbols of unity were very important for society and he supported the recommendation. Councilmember Age concurred. It was moved by Councilmember Jones and seconded by Councilmember Kerry to forward a communication to Saddleback College urging the officials to reconsider their position on the recitation of the Pledge of Allegiance. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILIVIEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST OF WARRANTS NO. 20302 - 20517: It was moved by Councilmember Age and seconded by Councilmember Jones to approve the Warrant List for Warrants No. 20302 through 20512 in the amount of $982,491.71. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: At this time, the staff was excused and Mayor Bowman recessed the meeting at 10:32 p.m. The meeting was reconvened the at 10:37 p.m. with all Councilmembers present. 14 CITY COUNCIL MINUTES ORAL COMMUNICATIONS: For Matters Not on the Agenda. April 22, 1996 Mr. Jerry Sharber, 11615 Lakia Drive, Cypress, presented the Council with five snapshots showing various views in his neighborhood and he explained those pictures. He asked if the City could help them with additional landscaping to screen the Warland building from the neighbors and to mitigate the intensity of the lights on the building. He mentioned that trucks are dropping their trailers on Orangewood Avenue in the "no parking" zone. Mayor Bowman suggested that the Police be called in these situations. Mr. Sharber would like to see a "no truck" zone. Councilmember Jones suggested that the Council advise the Police Department that it has been brought to their attention about the no parking violations. Mr. Sharber asked what the City could do so the neighborhood would not have to look at the building. Nothing has been planted in addition to the original landscaping. He also asked about receiving money for Pacifica High School's Grad Nite and the Council advised him that a request needed to be made from that school. Mr. Howard Cromer, Cypress resident, complained about the ticket he received on his Toyota camper, which is his wife's primary means of transportation. He was unaware that the code had been amended, the citation was issued without a warning of any kind and he felt he was being treated unfairly. Mayor Bowman said that the warnings have been issued for some time and he suggested that Mr. Cromer provide the information to staff and the proper person will contact him. Ms. Verna Dodson, 5771 La Jolla Way, Cypress, asked about the response to her letter. Mayor Bowman said that there was a response from the Recreation & Park District Director that the Council had not had an opportunity to read. Councilmember Kerry mentioned the Mini Grand Prix that was held last Sunday in the Business Park. A good turnout for the Arthritis Foundation and a lot of fun for all. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Bowman adjourned the meeting at 11:00 p.m. to Monday, April 29, 1996 at 5:30 p.m. in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 15