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Minutes 96-03-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL Held March 25, 1996 The Regular Meeting of the Cypress City Council was called to order at 4:35 p.m., Monday, March 25, 1996 in the Council Chamber, 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, Community Development Director Chris Kelly and Public Works Director Mark Christoffels. WORKSHOP SESSION: CONTINUATION OF CONSIDERATION OF OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 95-1 AND ZONE CHANGE NO. 95-1, 9737-61 WALKER STREET, AND GENERAL PLAN AMENDMENT NO. 95-2 AND ZONE CHANGE NO. 95-2, 9731 WALKER STREET: Mayor Bowman opened the public hearing. The Community Development Director read a letter into the record from Linda Keenan, which is on file in the City Clerk's office. The Council held their workshop session discussion which was a continuation of the public hearing on the General Plan Amendment to determine the various alternative uses for the Amendments and Zone Changes. Council then continued the public hearing to the 7:30 p.m. agenda. THE CITY ATTORNEY ARRIVED AT 4:40 P.M. CONSIDERATION OF AWARD OF CONTRACT, FINAL PAYMENT, AND APPROPRIATION OF FUNDS FOR THE CONSTRUCTION OF EMERGENCY STORM DRAIN REPAIRS ON PROGRESS WAY, PUBLIC WORKS PROJECT NO. 9606: The Public Works Director presented the staff report dated March 12, 1996, which advised that a small section of the storm drain had required immediate repair. Due tO the need to restore this drain as soon as possible, three bids were promptly obtained, a contract executed and the work completed. Procedures for such emergency repair work require that staff go to the next available Council meeting for formal approval of the contract work and appropriation of funds. It was moved by Councilmember Age and seconded by Councilmember Carroll to: Award the contract for Emergency Storm Drain Repairs on Progress Way to Ken Thompson, Inc., P.O. Box 749, Cypress, California 90630, in the amount of $12,000.00. 2. Accept the work as complete and authorize final payment. o Appropriate $12,000.00 from the Unrestricted General Fund Balance to Storm Drain Account No. 4186-11-496-23. 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 AWARD OF CONTRACT FOR THE REMOVAL AND DISPOSAL OF AN UNDERGROUND WASTE OIL STORAGE TANK AT THE CYPRESS MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 9323, REQUEST FOR QUOTATION NO. 9596-11: The City Manager asked the Public Works Director to summarize the staff report dated March 12, 1996 which referred to the receipt of an above~jround storage tank to be utilized for the storage of used motor oil prior to recycling. The existing underground storage tank must be removed prior to placement of the new tank. Bids for the anticipated excavation and disposal of the existing tank were solicited from six contractors and two responses were received. It was moved by Councilmember Age and seconded by Councilmember Kerry to award a contract for the removal and disposal of the underground storage tank to Cornerstone CITY COUNCIL MINUTES March 25, 1996 Technologies, Inc., 1300 Quail Street, Suite 203, Newport Beach, California 92660, in the amount of $12,600. 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 AWARD OF CONTRACT FOR THE INSTALLATION OF SECURITY LIGHTS AT VARIOUS PARKS, PUBLIC WORKS PROJECT NO. 9534: The Public Works Director reviewed the staff report dated March 18, 1996 which asked to award a construction contract for the Installation of Security Lights at the Community Center, Evergreen Park, Willow Park and Arnold Cypress Park. Four bids were received for the installation of new light poles, foundations, fixtures, conduits, pullboxes and replacement of some old light poles. It was moved by Councilmember Age and seconded by Councilmember Jones to: Determine the lowest responsible bidder for Public Works Project No. 9534 to be BRW Electric, and o Award a contract for the Installation of Security Lights at Various Parks to BRW Electric, 129 S. 10th Street, Suite ~C, Montebello, California 90640, in the amount of $39,288.00 (award amount of $35,716.00 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 CONSENT CALENDAR: All ma~ers listed on the Agenda under "Consent Calendar" 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. Councilmember Carroll requested that Item No. 10, Request from the Arthritis Foundation for Fee Waiver, be removed for discussion. The Administrative Services Director noted that he had provided the Council with a revised staff report for Item NO. 11, Employment List - Records Clerk 1/11, wherein the job title read Police Clerk 1/11. It was moved by Councilmember Jones and seconded by Councilmember Kerry to approve the Consent Calendar Items NO. 5 through 11, with the exception of Item No. 10. 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 Item NO. 5: MOtion tO Approve City Council Minutes of March 11, 1996. Recommendation: That the City Council approve the Minutes of the Regular Meeting of March 11, 1996, as submitted. 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 Design Review Committee's Approval of DRC ~96-9. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Commi~ee Permit No. 96-9 - with conditions. RESOLUTION NO. 4606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 96-9 - WITH CONDITIONS. Item No. 8: Consideration of Monthly Investment Program for the Month of February 1996. 2 CITY COUNCIL MINUTES March 25, 1996 Recommendation: Receive and file. Item No. 9: Consideration of Extension of Variance No. 95-1, Waiver of Required Open Parking Space; and Reduction in Driveway Width, 8?92 Cypress Avenue. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving a six (6) month extension for Variance No. 95-1 through AUgUSt 27, 1996. RESOLUTION NO. 4607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A SIX MONTH EXTENSION OF VARIANCE NO. 95-1. Item No. 11: Consideration of Employment List- Police Clerk 1/11. Recommendation: Receive and file. Regarding Item No. 10, Consideration of Request From the Arthritis Foundation for waiver of Fees for the Second Annual Mini Grand Prix and for Determination that Requested Amusements are Accessory to the Mini Grand Prix, Councilmember Carroll asked if the total fees being waived was $195.00. The Community Development Director responded in the affirmative and explained the difference between having rides for 12 and under versus a carnival. Councilmember Kerry stated that she will abstain from voting on this item as she is engaged in making banners for the event. It was moved by Councilmember Carroll and seconded by Councilmember Jones to approve the following actions: Consistent with Council policy, grant the request to waive the TUP fee of $50.00, and all Building Permit and Public Works fees for this event; 2. Determine that the requested amusements are accessory to the race; and 3. Direct staff to process it as part of the TUP for the race. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Age, Carroll, Jones and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Kerry ORDINANCES (Second Reading): It was moved by Councilmember Kerry and seconded by Councilmember Age tO order the following Ordinance read by title only, title as follows, and to adopt the Ordinance providing supplement, additional and alternative provisions to the Street Lighting Act of 1919. ORDINANCE NO. 949 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING CHAPTER 27A TO THE CODE OF ORDINANCES PROVIDING SUPPLEMENTAL, ADDITIONAL AND ALTERNATIVE PROVISIONS TO THE STREET LIGHTING ACT OF 1919 AND DECLARING A PUBLIC PURPOSE THEREFORE. 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 CLOSED SESSION: Mayor Bowman recessed the meeting at 5:50 p.m. to enable the Council to conduct a Closed Session on the agendized items of: Conference with Labor Negotiator (Government Code Section 54957.6) Public Safety Employees, Public Works 3 CITY COUNCIL MINUTES March 25, 1996 Maintenance Supervisors and Cypress Maintenance Employees Associations; and Conference with Real Property Negotiator (Government Code Section 54956.8) for property located at 5792 Lincoln Avenue. 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. 7:30 P.M. SESSION PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Carroll. ORAL COMMUNICATIONS: FOr Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. The City Manager reviewed discussions held during the Workshop Session on the Walker Street General Plan Amendment and Zone Change. He then summarized the actions taken by the Council on the items on the 5:30 p.m. Agenda. The City Attorney reviewed discussions held on the agendized items of Conference with Labor Negotiator on Cypress Maintenance Employees Association and Conference with Real Property Negotiator dealing with property negotiations involving 5792 Lincoln Avenue. The first item, Conference with Labor Negotiator on the Public Safety Employees and Public Works Maintenance Supervisors Associations, was not discussed. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 95-1 AND ZONE CHANGE NO. 95-1, 9737-61 WALKER STREET, AND GENERAL PLAN AMENDMENT NO. 95-2 AND ZONE CHANGE NO. 95-2, 9731 WALKER STREET: Mayor Bowman commenced the public hearing, which was continued from the Workshop Session held at 4:30 p.m., beginning with comments from the applicant. Mr. Mahendra Desai, 1150 Orangethorpe, #112, Placentia, asked for a recap on those items discussed during the workshop session. He understood that four Councilmembers were in favor of 12 homes on the site, which would be approximately 5,000 square feet of land area per unit. He had a meeting with Mrs. Trautman and they are in agreement with the 12 homes on the site and he asked for design perimeters. The Mayor asked the City Attorney to provide a sequencing of events. The City Attorney explained that there has to be a zone created for the property, the applicant would work with staff on design, staff would return to Council to set forth development standards falling within the RS 5000 zone. Council could provide staff with guidelines on the development standards for this particular zone. The applicant will then know exactly what is expected from him for the property. Councilmember Carroll clarified that when he talked about RS 5000 zoning, he meant 5,000 square feet gross, including the private street. Councilmember Jones clarified that the code defined a minimum lot size. The scope of what RS 5000 means today has significantly changed from what was talked about two weeks ago. Councilmember Kerry mentioned that her main concern was the number of streets in the project exiting onto Walker. After further Council discussion on lot and site size, definitions for the zone, street width and development standards, Mayor Bowman asked if anyone wished to speak in support of the application. Mr. Don BrOOkS, 9740 Rome Street, Cypress, commented that he preferred residential and he was not opposed to the development of the Trautman property. Mr. Calvin Meekoff, 5438 Hanover Drive, Cypress, owner of the parcel next to the Trautman property, believed it was important that the property be developed properly. He expressed his support of the 12 unit development because commercial zoning would be a detriment to the area. No one else wished to speak in favor of the application. Mayor Bowman asked those who wished to speak in opposition to the application to provide their input. Mr. RiCk Hue~tl, 5468 Hanover Drive, Cypress, expressed his disappointment and urged the Council to deny the application if they were going to be pushed to the wall by the applicant. He then showed a drawing of a plan of RS 5000 with a one way public street until the contiguous property is developed. He felt there was a potential danger from the ingress and egress off of Walker Street. He didn't believe that a private street was 4 CITY COUNCIL MINUTES March 25, 1996 the best use of the land for the residents and neighbors. He urged the Council to deny the project if pushed by the developer and to look at the entire City. Mr. Henry Livington, 5408 Hanover Drive, cypress, said he was very disappointed because the results proved to him that the developer does not want to work with the Council. He strongly urged the Council to stay with RS 5000 square foot lot, excluding streets and he urged the Council to vote tonight. Mr. Mark Holmes, 5478 Hanover Drive, Cypress, said he thought it was agreed that the lot size would be RS 5000 net and that is what he would like to see, with public streets and parking consideration. Mr. Eric Burk, 5423 Rome Avenue, Cypress, expressed confusion with RS 5000 as to the size of the lots. He wanted what was best for Cypress and appropriate to the community. Ms. Joanna Burger, 5166 Edgemont Circle, Cypress, stated that Walker is an extremely busy street and she didn't want narrow, private drives exiting onto Walker Street. She didn't believe this was a precedent that should be set in this City. Mr. Chuck Schmid, 9681 Glenbrook Street, Cypress, remarked that he left the last meeting with many erroneous ideas, one of which was a lot size that didn't include streets. If the property is rezoning it should be made clear that 5000 square feet is the lot size. Mr. Ko Chen, 5458 Hanover Drive, Cypress, said that the property owner will sell and leave and the people who stay want to protect their investment in their homes. He urged the Council to make their decision in favor of the neighbors. Mr. Howard Nista, 9750 Room Street, Cypress, asked for an explanation of what is being proposed as far as the 5000 square feet, but different interpretations seem to be made. He said he was in favor of residential and of the 5000 square feet. Mr. Desai, applicant, mentioned how long this project has taken. He hoped that bringing in the church property for rezoning wouldn't further delay the project. He asked the Council to expedite making a decision on the Trautman property and he would like approval for a specific plan for the 12 homes on the Trautman land. Ms. Allison Young, representing Mrs. Trautman, advised that the lots would be very long and she wasn't sure that was what was wanted. After some discussion on taking action on the three properties, the City Attorney explained that the applicant could bring in a site plan and conditional use permit, but nothing is going to happen until the zoning ordinance becomes effective and that ordinance will have to go through the normal process. The Community Development Director advised that they would need direction from Council on what development standards they wanted in the RS 5000 zone and individual comments could be made on the plan as part of the conditional use permit. The City Manager suggested that the best approach would be for Council to direct staff to develop the standards pursuant to the codes, return with the standards to be included at a workshop and then proceed with the ordinance. Councilmember Jones expressed her opposition to the private road, lack of parking space and she wanted something better than a 24 foot wide drive. Councilmember Carroll felt that the Council has worked hard to achieve a balanced solution for this property and there has to be some new affordable housing. made available. It was moved by Councilmember Carroll to close the public hearing and direct staff to develop the standards for an RS 5000 zone, which could include a private street with time phasing for the Meekoff property. The zoning would be in place but the church would operate as long as they wanted a church and when it ceased to operate as a church, change the zone to residential. The motion was seconded by Councilmember Age with additional guidelines, such as, single family residential. She didn't mind a 5 CITY COUNCIL MINUTES March 25, 1996 private drive and suggested looking at different widths, perhaps 30 feet instead of 24 feet and an adjustment factor. Councilmember Kerry concurred with the absolute necessity for single family homes, RS 5000 gross, but place the private drive on the north end of the project so when the Meekoff property is developed, it could be widened into a T. The road would be 24 feet but the entrance onto Walker Street would be wider. Councilmember Jones had some photos and she asked that they be displayed for the developer and the residents. She expressed opposition to the 24 foot drive. The photos showed parking pads, inserts for parking, entrance enhanced with landscaping and other green space. She would like to see additional parking, a wider street, greenbelt and a nice entrance. Mayor Bowman felt there should be single family detached dwellings, incorporating as many of the site standards in the RS 6000 zone into this zoning as possible. There needed to be some height restrictions on the units. By cutting the units from 15 to 12 some of the ideas mentioned by Councilmember Jones could be incorporated as far as off street parking. Councilmember Carroll asked the City Attorney if Council had handled the developer's application correctly. The City Attorney said that Councilmember Carroll made the correct motion which was to direct staff to come back with an RS 5000 zone in accordance with the guidelines that the Council had given and then staff will return with that zoning ordinance for Council's consideration for approval or denial. Responding to Councilmember Age, the City Attorney advised that it would be a public hearing. He stated the applicant can submit an application on the 12 units now, but the Council will not consider it until everything is done. The City Manager said that it would be advisable to wait until the standards have been adopted by the City Council before a final map is submitted. The City Attorney advised that no development standards have been set yet and his recommendation was that when the ordinance comes in, introduce it with the development standards then the applicant can come in with the site plan knowing what standards will be expected of him. Mayor Bowman mentioned minimum setback from the street on the first two lots should be enough so the homes don't loom over the street. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman I COUNCILMEMBERS: Jones 0 COUNCILMEMBERS: None RECESS: Mayor Bowman recessed the meeting at 8:40 p.m. and reconvened at 8:50 p.m. with all Councilmembers present. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: EXTENSION OF CONDITIONAL USE PERMIT NO. 93-3, SIX-MONTH EXTENSION OF CHURCH USE OPERATIONS, PENDING COMPLETION OF EXTERIOR SITE IMPROVEMENTS, JOONG ANG KOREAN CHURCH OF SOUTHERN CALIFORNIA, 6381 BALL ROAD: Mayor Bowman opened the public hearing. The City Manager asked the Community Development Director to summarize the staff report dated March 14, 1996, which was before the Council at the March 11, 1996 meeting and continued to allow the church's Pastor, as the authorized representative, to be present at the hearing. The application represented a request by the Joong Ang Korean Church of Southern California, for a six month extension of Conditional use Permit No. 93-3, in order to allow an existing church use to continue to operate pending completion of required exterior site improvements. A church use was originally approved at this location in May of 1993. Conditional Use Permit No. 93-3 previously expired under this provision and was renewed in March of 1995. Since the renewal, the subject has completed the required interior site improvements. However, the applicant/church claims that due to funding and weather constraints, the church has not yet completed the exterior site improvements required as conditions of approval. Therefore, the applicant/church is requesting the proposed time extension. Responding to Councilmember Carroll's question regarding any risk to the City, the City Attorney replied that there are risks if the conditions are not complied with during the time articulated. The conditions mitigate the risks but the applicant must realize that those conditions must be complied with. Pastor Shim of the Joong Ang Korean Church, 6381 Ball Road and Plus Kim, architect on the project, who made a presentation to the Council on March 11, 1996, provided three reasons why the extension was requested. Mr. Kim reported that Pastor Shim was ready 6 CITY COUNCIL MINUTES March 25, 1996 to accept all the conditions but would like something in the conditions that would extend the time due to inclimate weather. The Public Works Director commented that the Public Works Inspector would note any weather-related delays and extensions could be granted based on that. NO one wished to speak in favor of or in opposition to the application. The City Attorney requested the Mayor to ask Pastor Shim if he has read and understood all the conditions of approval to avoid any misunderstanding. Pastor Shim, in responding to Mayor Bowman, stated that he understood and agreed with all the conditions. Councilmember Carroll asked the applicant if he understood what the consequences were if the conditions were not complied with in a timely manner. Mr. Kim stated that there is no reason Pastor Shim could not finish the project, except for weather conditions. It was moved by Councilmember Age and seconded by Councilmember Kerry to close the public hearing and adopt the Resolution by title only, title as follows, approving the Extension of Conditional Use Permit No. 93-3, subject to conditions. RESOLUTION NO. 4608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE EXTENSION OF CONDITIONAL USE PERMIT NO. 93-3 - 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 PUBLIC HEARING RE: APPLICATION FOR A SPECIAL PERMIT - ALIClA PAWN SHOP, 5529 LINCOLN AVENUE: Mayor Bowman referred to the staff report dated March 20, 1996, which requested that this item be continued. It was moved by Councilmember Age and seconded by Councilmember Kerry to continue this Public Hearing to the City Council meeting of April 8, 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 PUBLIC HEARING RE: VARIANCE NO. 96-2, ENCROACHMENT INTO REAR YARD SETBACK; REDUCTION IN REAR YARD OPEN AREA; AND INCREASE IN LOT COVERAGE, LOCATED AT 5855 REXFORD AVENUE: The public hearing was opened by Mayor Bowman. The Community Development Director presented the staff report dated March 18, 1996, which represented a request to vary from the Cypress Zoning Ordinance to allow construction of a patib enclosure located at 5855 Rexford Avenue. The proposed variance included: 1) a reduction in the rear yard setback from the required ten feet to five feet; 2) a reduction in the rear yard open area from the required 1,100 square feet to 874 square feet; and 3) an increase in lot coverage from the standard maximum 40% to 49%. Based on a review of the subject proposal, surrounding uses, similar variances previously approved by the City Council, the findings required to grant a variance can be made. In accordance with the requirements of the California Environmental Quality Act, the proposed project is considered to be categorically exempt. Notices of this public hearing were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. After analyzing the applicant's proposal, staff believed there was sufficient justification to support this variance request. The findings of hardship required for variances can be made based on the substandard size of the subject parcel, the lack of anticipated adverse impacts on surrounding properties and the previous granting of similar variances for properties located in the same zone. CITY COUNCIL MINUTES March 25, 1996 Responding to questions from Councilmembers, the Community Development Director explained the process identified by State law. The applicant submits to the City a certified list of property owners within a 300 foot area of the project. The City then sends public hearing notices to those property owners. The City Manager confirmed that a public hearing notice was mailed to the Cypress School District. Mr. Frank Gialketsis, 15102 Bolsa Chica Road, Suite D, Huntington Beach, advised that he had no problems with the conditions of approval. The request was for a patio enclosure, strictly for recreational purposes. He accepted an additional condition that the patio will not be made into a room. Mayor Bowman asked if anyone wished to speak in support of or in opposition to the application. NO one spoke. It was moved by Councilmember Kerry and seconded by Councilmember Jones to close the public hearing and adopt the Resolution by title only, title as follows, approving Variance NO. 96-2, subject to conditions of approval, including the condition that the patio will not be made into a room. Councilmember Carroll said that he would vote to approve this permit because the school had not complained. RESOLUTION NO. 4609 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTIONS 9.2.B.8 AND 9.2.B.9 TO ALLOW A REDUCTION IN THE REQUIRED REAR YARD SETBACK; A REDUCTION IN THE REQUIRED REAR YARD OPEN AREA; AND AN INCREASE IN THE MAXIMUM LOT COVERAGE - VARIANCE NO. 96-2. 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: CONDITIONAL USE PERMIT NO. 96-1, UNMANNED PCS TELECOMMUNICATIONS FACILITY, 5285 CYPRESS STREET: The Mayor opened the public hearing. The City Manager requested the Community Development Director to summarize the staff report dated March 18, 1996, which described an application to construct an unmanned PCS telecommunications facility, consisting of a 40 foot high antenna monopole with three antenna support arms, nine antennas and seven ground mounted electronic equipment cabinets. She read into the record a communication received today from the owners of Greenbrook Apartments on Walker Street opposing the construction of the monopole. A COpy of the letter is on file in the City Clerk's office. The Public Works Director clarified that the storage of pipe materials referred to in the letter is not the City's, but belong to Ken Thompson. The Community Development Director continued with the staff report advising that the total height of the antennas and monopole does not exceed 40 feet. The subject lease area is located in the side yard area of the Cypress Maintenance Yard located at 5285 Cypress Street. Approval of this permit should be subject to the approval of the Lease Agreement between the City of Cypress and Cox California PCS, which is scheduled for Council consideration under the New Business portion of the agenda. In accordance with the California Environmental Quality Act (CEQA), an Initial Study and a Negative Declaration have been prepared for this project. NOtices of the Public Hearing were posted, published and mailed to all property owners within 300 feet of the subject parcel. To date, staff has received one phone call from Mr. Robert Kernes whose residence is located adjacent to the northwest portion of the City Yard property. Mr. Kernes requested and was sent a copy of the site plan illustrating the location of the proposed facility. The monopole was imposed on a picture of the site, along with the proposed vegetation and landscaping proposed and shown to the audience. Councilmember Kerry asked if there was any way of obtaining a bond to ensure that if the equipment is no longer in use, it be removed from the site. Mr. Wes Murray, JM Consulting Group, 3760 Kilroy Airport Way, Long Beach, representing Cox California PCS. Inc., said that the Site Acquisition Specialist and Project Engineer were available to answer questions. He supported the staff report and concurred with the recommendations of staff. He referred to Condition NO. 19 and asked that the periodic 8 CITY COUNCIL MINUTES March 25, 1996 review be extended from three years to five years. This would bring the Council's review of the permit in line with their lease review. Responding to Councilmember Kerry, Mr. Murray replied that because they are paying rent and with the large investment, they are not going to abandon any of the equipment in place. However, if Council wishes a bond be posted, he asked that staff be allowed to negotiate with his client and then return to Council. Councilmember Kerry asked that the bond be in the Conditional Use Permit and not negotiated separately. She also requested that there be a condition preventing any video transmissions. After some discussion, the City Attorney explained that the Council had a concern that telecommunications poles would be erected with the ability to transmit video to the residents and Council wanted the ability to negotiate that feature through a franchise agreement, which could be stated in the Conditions of Approval or the Lease Agreement. Councilmember Carroll agreed that the prevention of video transmissions should be made a condition of approval. It was moved by Councilmember Kerry to close the public hearing, approve the Negative Declaration and direct staff to file a Notice of Determination and adopt the Resolution by title only, title as follows, approving CUP No. 96-1, subject to conditions. Councilmember Jones mentioned the change in Condition No. 19 from three years to five years and Councilmember Kerry included that change in her motion. Councilmember Jones seconded the motion. RESOLUTION NO. 4610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 96-1 - 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 CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 74- 17, ADDITION OF TWO (2) AWNINGS AND COVERED WORK AREA, AT CYPRESS AUTO BODY, 8900 WALKER STREET; CONDITIONAL USE PERMIT NO. 95-26 AND VARIANCE NO. 96-1, ESTABLISHMENT OF AN AUTO ASSEMBLY USE WITH REDUCED PARKING, 5510 DANNY AVENUE; AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-17, CONTINUATION OF AUTOMOBILE STORAGE, 8882-86 WALKER STREET: Mayor Bowman opened the public hearing. The City Manager requested that the Community Development Director present the staff report dated March 1, 1996. She reported that she had received a phone call from MrS. Black, the owner of 8882-8886 Walker Street, apologizing for the lack of a permit to continuously operate a vehicle storage yard on her property. She wanted the Council to know that Mr. and Mrs. Rodriguez had been courteous and responsible tenants. She read into the record a lel~er dated March 25, 1996 from Mrs. Kori Nevarez, who was not opposed to the business itself; however, she asked the Council to address the health and safety issues to the Danny Avenue residents. The lel~er is on file in the City Clerk's office. MrS. Kelly then referred to the report, which described the processing of four discretionary permits by Mr. Tom Rodriguez, owner of Cypress Auto Body, located at 8900 Walker Street. Cypress Auto Body is requesting that they be allowed to retain two existing awnings and a covered work area which were not approved under the conditional use permit. The awnings cover vehicle service bay areas, which are used to dry vehicles and body parts after being painted and to detail cars. Conditional Use Permit NO. 95-26 and Variance NO. 96-1 are requests to legalize an automotive assembly facility for Cypress Auto BOdy with reduced parking. Amendment to Conditional Use Permit No. 86-17 is a request for the continued use of the separate off-site location as a customer vehicle storage yard. In researching past files, staff discovered that Conditional Use Permit No. 86-17 expired in 1989. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed for these projects. Notices of the Public Hearing were mailed to all property owners within a 300 foot radius and staff has received one call regarding the parking and smell of paint discussed 9 CITY COUNCIL MINUTES March 25, 1996 within this report. On February 26, 1996, staff received another call from the same resident who lives on Danny Avenue, regarding the lack of public parking and the smell of paint. Mr. TOny Rodriguez, Cypress AUtO BOdy, 8900 Walker Street, Cypress, said that he has attempted to mitigate some of the neighbors concerns. Councilmember Age asked to impose a condition that the permit come back to Council for review in one year. Mr. Rodriguez had no objection. In response to Councilmember Jones' inquiry to refer the parking situation to the Traffic Commission, the Public Works Director would present the issue to the Traffic Commission. Councilmember Jones asked about the possibility of converting the storage area to a gravel covered, designated parking area. She expressed concern about the conditions not being followed. Councilmember Kerry also expressed concern about the additional parking. Mayor Bowman asked if anyone wished to speak in support of the application. Mr. Mike Cardone, 9785 St. George Circle, Cypress, who maintained a neon sign business at 5510 Danny Avenue before Mr. Rodriguez assumed his lease. The sign business was a much heavier use than the current auto body shop. No one else wished to speak in favor of or in opposition to the application. Councilmember Kerry expressed a greater concern for additional parking in the area rather than the length of time for storage. After some discussion, Mayor Bowman asked the applicant if he would provide seven spaces at the storage lot for employee parking and Mr. Rodriguez agreed. Councilmember Age concurred with Councilmember Kerry in not placing a time frame on the length of storage as long as the parking space is being made available. It was moved by Councilmember Jones and seconded by Councilmember Carroll to close the public hearing, determine that the proposed awnings are not in conflict with Section 14.1 Basic Parking Requirements, direct staff to receive and file a notice of Categorical Exemption for an Amendment to Conditional Use Permit No. 74-17, Conditional Use Permit No. 95-26 and Amendment to Conditional Use Permit NO. 86-17 and adopt Resolutions by title only, titles as follow, approving a) Amendment to Conditional Use Permit No. 74-17 permitting the continued use of the covered work area and the two existing awnings, subject to conditions, b) Conditional Use Permit No. 95-26 for the establishment of an automotive assembly facility including Variance No. 96-1 for reduced parking, subject to conditions, c) Amendment to Conditional Use Permit No. 86- 17 for a vehicle storage yard for Cypress Auto Body, subject to conditions. Also, adding a condition to require seven employee parking spaces in the storage area, refer the red curbing to the Traffic Commission and Council review of the Conditional Use Permit in one year. Mayor Bowman referred to the hours of operation and asked the applicant if he had any objection to applying those hours, 7:00 a.m. to 5:30 p.m., to 8882-8886 Walker Street. The applicant replied in the negative. Councilmember Jones would amend her motion to include this condition also and Councilmember Carroll agreed. RESOLUTION NO. 4611 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 74-17 - WITH CONDITIONS. RESOLUTION NO. 4612 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-26 - WITH CONDITIONS. RESOLUTION NO. 4613 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE REDUCTION OF REQUIRED ONSITE PARKING - VARIANCE NO. 96-1. 10 CITY COUNCIL MINUTES March 25, 1996 RESOLUTION NO. 4614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-17 - WITH CONDITIONS. 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 PUBLIC HEARING RE: ADOPTION OF AN ADULT BUSINESS ORDINANCE AND AN URGENCY INTERIM ADULT BUSINESS ORDINANCE, AMENDING THE PROVISIONS OF THE CYPRESS CITY CODE, ESTABLISHING CRITERIA FOR THE REGULATION AND LICENSING OF SAID BUSINESSES: The Public Hearing was declared open by Mayor Bowman. The City Attorney summarized the staff report dated March 20, 1996, which explained that an urgency ordinance was adopted by the Council on April 25, 1994, placing a 45 day moratorium on adult businesses within the City of Cypress. It did provide an exception for adult businesses within specified Iocational criteria with an approved Conditional Use Permit and an Adult Business License. Ordinance No. 914, as an interim ordinance was extended as authorized under state law. The purpose of the interim ordinance was necessary for City staff to provide interim criteria and standards for adult businesses while the City of Cypress developed permanent zoning and licensing control over such adult business. The current interim ordinance expires on March 25, 1996. Staff is presenting to the City Council for consideration a comprehensive regulatory ordinance for adult businesses within the City of Cypress. He summarized the status with respect to regulation of these types of uses. He then made some corrections in the ordinances regarding the exemption from the California Environmental Quality Act and consideration of a Negative Declaration. On page 9 of the Urgency Ordinance, Section 15F-3.(3), the second paragraph should be changed to read, "...Adult Businesses shall be permitted onl~ in those I~ortion$ of b~e PC'I, PC2, PC3, PC4 and PBP zones of the City of Cypress .... Councilmember Kerry expressed concern about the adult businesses being allowed contiguous to the PS zone and questioned why the PS zone with the underlying church use was even made a part of the Ordinance and should be removed from the Ordinance. Mayor Bowman said he did not have a problem leaving that zone in the ordinance. Councilmember Jones stated that she preferred to limit the number of sites because the people of Cypress do not want this type of business and the Council should restrict them as much as possible. Councilmember Age asked the City Attorney if he felt that the Ordinance was restricted as much as possible. The City Attorney replied that the Ordinance that he has drafted is probably the most restrictive in the State. Councilmember Carroll asked if the map stood up to location standards and the City Attorney replied that it does but things are going to change. NO one wished to speak in support of or in opposition to the proposed Ordinance. Mayor Bowman believed that further restriction of the sites would invite challenge. Councilmember Kerry commented that the area along Katella Avenue was adequate for adult businesses. After additional discussion on the amount of acreage and zones, Mayor Bowman suggested that the Urgency Ordinance be adopted giving staff some time to calculate the acreage under discussion. It was moved by Councilmember Carroll and seconded by Councilmember Age to close the public hearing, approve the Negative Declaration and direct staff to file a NOtice of Determination, with the change to Section 15F-3.(3) identifying the zones in the permitted area, and: adopt an urgency ordinance of the City Council of the City of Cypress amending the Cypress Municipal Code by providing standards for regulation of adult 11 CITY COUNCIL MINUTES March 25, 1996 businesses; providing for licensing and regulation of adult businesses; providing additional health and safety regulations for adult businesses; and repealing sections inconsistent therewith; and o approve the first reading of the Ordinance by title only, title as follows, amending the Cypress Municipal Code by providing regulation of adult businesses. Councilmember Jones commented that some time should be taken to look at the acreage and she urged the Councilmembers to approve only the Interim Ordinance at this time. The Council owed the people of Cypress that consideration of having the City Attorney review the amount of acreage and she would not support the item. Councilmember Kerry commended the City Attorney and requested the Council to vote only on the Urgency Ordinance. She believed that the Council should have the right to know if a reduction of a portion of the acreage would really impact the final outcome. She would vote no. ORDINANCE NO. AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH AND DECLARING THE URGENCY THEREOF. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Carroll and Bowman 2 COUNCILMEMBERS: Jones and Kerry 0 COUNCILMEMBERS: None The City Manager noted that the Urgency Ordinance required a four-fifths vote of the Council and the City Attorney concurred. Subsequently, the Council made the decision to separate the two ordinance and revote on each. It was moved by Councilmember Age and seconded by Councilmember Carroll to order the following Urgency Ordinance read by title only, title as follows, amending the Cypress Municipal Code by providing standards for the regulation of Adult Businesses, with the same conditions included as made in the previous motion. ORDINANCE NO. 950 AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH AND DECLARING THE URGENCY THEREOF. 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 It was moved by Councilmember Carroll and seconded by Councilmember Age tO approve the first reading of the Ordinance by title only, title as follows, amending the cypress Municipal Code by providing standards for regulation of adult businesses. 12 CITY COUNCIL MINUTES March 25, 1996 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING THE CYPRESS MUNICIPAL CODE BY PROVIDING STANDARDS FOR THE REGULATION OF ADULT BUSINESSES; PROVIDING FOR LICENSING AND REGULATION OF ADULT BUSINESSES; PROVIDING ADDITIONAL HEALTH AND SAFETY REGULATIONS FOR ADULT BUSINESSES; AND REPEALING SECTIONS INCONSISTENT THEREWITH. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Age, Carroll and Bowman 2 COUNCILMEMBERS: Jones and Kerry 0 COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF CITY OF CYPRESS INVESTMENT POLICY: The City Manager advised that this item was continued from the March 11, 1996 City Council meeting and the changes discussed at the prior meetings have been incorporated into the proposed Policy before Council. Councilmember Jones recounted the policy set during a previous meeting where she had recommended that the City Council approve the list of brokers. The Council would not be directing the Treasurer to make investments. She asked the City Attorney if he had an opportunity to determine the liability that could potentially be incurred by approving the broker list. The City Attorney replied that State law says anyone who is authorized to make investments pursuant to the Code is going to be characterized as a trustee. He provided some scenarios that may or may not create a liability situation for the Council in regard to the investment policy. Regarding the question of receive and file vs. approval of the list, he didn't believe there was a difference. The crux is not how it is presented to the Council but what Council does with the list possibly overriding the Finance Director. Councilmember Jones' stated that her purpose was to know the people the City is doing investment business with and approve the list in general. She had no intention of directing the Finance Director to pick one broker over the other. Councilmember Kerry stated that it wasn't the Councilmembers' position to express an opinion because there are some liability issues involved. Councilmember Age remarked that the Council was a part-time body and there is a difference between a Charter City and a General Law City. She mentioned the bond process for Sorrento Homes. The Treasurer and the Finance Director were bonded, full- time, paid employees and it is their responsibility. Councilmember Carroll spoke about the absurdity of not knowing in advance who the City's brokers may be. If staff brings the Council a list of reputable brokers, Council indicates which of those are approved, he believed that was well within the Council's policy responsibilities. After further discussion, Mayor Bowman remarked that the Council already had the names of the brokers and the amounts invested under each brokerage. What further information is the requested list going to contain that the Council does not now have. Councilmember Kerry remarked that she was in favor to receive and file the list of brokers and the Council had no right to modify that list. Councilmember Jones suggested that, on an annual basis, there be a list approved by the City Council and possibly an addendum attached to the policy showing who the brokers are in that particular year. Councilmember Carroll said he saw no problem with the Council being notified in advance of the approved brokers and approving the list. Councilmember Age concurred with Councilmember Kerry because Council knows who the brokers are. They are reputable and the Council does have the ultimate approval on any type of bond issue. 13 CITY COUNCIL MINUTES March 25, 1996 It was moved by Councilmember Jones and seconded by Councilmember Carroll to adopt the Resolution by title only, title as follows, for the proposed Statement of Investment Policy with the addition that there be an addendum to the policy showing who the approved list of broker-dealers are for the City for that current Fiscal Year or whenever staff updates the list. The Finance Director explained that the Government Code states that any change in the policy shall be considered by the Council at a public meeting. If it was an addendum to the policy it would be treated differently than a list of brokers provided to the Council. If the list were a~ached to the investment policy the policy would have to brought back to Council each time a broker was added or deleted. Councilmember Age advised that she would vote no. Councilmember Jones modified her motion to receive the broker list separately from the investment policy as long as there is language in the investment policy that says the list is approved bv the City Council. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Carroll and Jones NOES: 3 COUNCILMEMBERS: Age, Kerry and Bowman ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Kerry and seconded by Councilmember Age tO attach a list of approved investment brokers to the monthly investment statement for receive and file and adopt the Resolution by title only, title as follows, approving the proposed Statement of Investment Policy. RESOLUTION NO. 4615 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: I COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman Jones None CONSIDERATION OF LEASE AGREEMENT WITH COX CALIFORNIA PCS, INC., FOR THE PLACEMENT OF A PCS ANTENNA IN THE CITY YARD: The Public Norks Director presented the staff report dated March 12, 1996, which represented a request from Cox Communications to lease 1,000 square feet of space in the City Yard for the installation of a PCS antenna. Attached to the report was a copy of the proposed lease for the Council's information and discussion. DUe to the lateness of the hour, it was moved by Councilmember Age and seconded by Kerry to continue the meeting past 11:30 p.m. 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 Continuing discussion on the agreement, Councilmember Kerry wanted assurance that there be wording addressing a bond posted for removal of the equipment if abandoned and also that any use of video equipment had to come before the Council for review. Councilmember Carroll asked that any extension of the contract be made by mutual agreement. Mayor Bowman referred to page 1, and requested further restriction on the parking of Lessee's vehicles. On page 2 (C), he didn't feel that the Lessee should be able to approve or disapprove of any requests from third parties to locate transmitting/receiving 14 CITY COUNCIL MINUTES March 25, 1996 equipment on Lessor's property. Regarding the term of the lease and extensions on page 1, 3(B), Mayor Bowman felt that the maturity was too long and he suggested ten years, five years with a five year option to renew. He said that the rent amount should reflect something other than only the CPI. Councilmember Kerry said she did not want automatic renewals where the only thing the City can do is negotiate the rate because there may be many more issues involved. Also, any changes to the uses should be reviewed by the Council. Councilmember Jones concurred. Councilmember Carroll suggested the term of the lease be for five years and the rental amount renegotiated each five years. Mayor Bowman clarified that the City Attorney would draft the suggested changes and his normal contract provision changes and communicate those to the Lessee. It was moved by Councilmember Kerry and seconded by Councilmember Jones to approve the lease agreement subject to the terms and conditions presented by Council and subject to final City Attorney and City Council approval. AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Carroll, Jones, Kerry and Bowman 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF POLICY REGARDING RE-ROOFING: City Planner Alice Angus reviewed the staff report dated March 11, 1996, which represented a request to staff to address the issue of residential roofing. Specifically, Councilmember Kerry expressed an interest in having the City review re-roofing requests for design compatibility, perhaps through the design review committee process. She mentioned the three options that the City Council could consider regarding regulation of residential re-roofing and sought Council direction. Councilmember Kerry commented that she didn't believe the Council should unilaterally make a decision on re-roofing, but it is a concern as the community ages. Councilmember Age said she was not present at the Council meeting when this item was discussed. But, as long as building codes are being met, she didn't believe the Council should be selecting residents' roofing and she didn't see a need to continue this. Councilmember Jones concurred. It was moved by Councilmember Jones and seconded by Councilmember Age to receive and file. 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 EMPLOYEE MEMORANDUM OF UNDERSTANDING AND AUTHORIZING RESOLUTION: The City Manager advised that the request was to continue this item to the next meeting. It was moved by Councilmember Kerry and seconded by Councilmember Age tO continue this item to the Council meeting of April 8, 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 COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 19809 - 20056: It was moved bv Councilmember Age and seconded by Councilmember Kerry to approve the Warrants List No. 19809 through 20056 in the amount of $1,039,726.70. 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 15 CITY COUNCIL MINUTES March 25, 1996 ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Bowman reminded the audience that there was an election March 26, 1996. Mr. Alan Beek, 2007 Highland, Newport Beach, spoke on cities being forced to buy a sewage treatment plan from the County Sanitation Districts of Orange County. He reported that a city in Orange County is attempting to treat its own sewage and create duck ponds from the water. There will be a Regional Water Quality Control Board hearing on this application held at 9 a.m. on April 19, 1996 and he urged the City to send someone to express opposition to the application. Councilmember Age asked the City Manager to obtain some information from the City of Newport Beach explaining the application. Councilmember Kerry mentioned the railroad has installed fencing and blocked off a major portion of the parking on the east side of the market located at the corner of Lincoln Avenue and Walker Street. She asked what their authority was and they have blocked one of the driveways into the east end of the center. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda ADJOURNMENT: Mayor Bowman adjourned the meeting at 12 midnight to 5:30 p.m., Monday, April 1, 1996 in the Administrative Conference ROOm. ATTEST MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 16