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Minutes 99-06-28CITY COUNCIL MINUTES CITY OF CYPRESS June 28, 1999 AGREEMENTS - Adopt Reso. appvng. Coop. Agmt, with Co. of Orange Allwng. City Participation in CDBG/HOME Progs, For FY 2000-02 - Renew Agmt. for Shared Court Liaison Svcs. Betw. Cypress, Los Alamitos and Sea] Beach - Adopt Bldg. Damage Safety Assessment Mutual Aid Agmt. AIRPORT - Oppose Avigation Easements in Orange Cnty. AELUP CONDITIONAL USE PERMITS - Adopt Reso. denying C.U.P. 96-17 ~ Req. to add a full-service hand Car Wash at 5999 Cerritos Avenue - Adopt Resos. appvng. C.U.P. 994 - Request for Auto. Repr. & Towing Use at 5640 Lincoln Ave. CAPITAL IMPROVEMENT PROGRAM - Appv. 199%2000 C.I.P. General Plan Consistency Finding CONTRACTS - Award of Car Wash Conh:act for FY 1999-2000 DESIGN REVIEW COMMITTEE - Adopt Reso. Appvng. DRC 99-14 - Second story addition to exist. res. @ 4266 Manchester P1. - Adopt Reso. Appvng. DRC 99o15 -Inst. Bldg. I.D, sign & two wall-mounted directional signs @ 6603 Darin Way - Adopt Reso. Appvng. DRC 99-16 Replc. ExisPmg Wall signs @ 4988 Ball Road DONATIONS - Appv. Donation of Used City Computers to Cypress High School FINANCE - Adopt Reso. Establ. City of Cypress 199%2000 Approp. Limit - Adopt. Reso. appvng the 1999-2000 Budget for City of Cypress - Appv. Comm. Warrant List Nos. 38070-38282 PUBLIC WORKS - Cert. Of Local Pavement Mgmt. Prog. As Req. by Rev. Traffic Impvmt and Growth Mgmt Plan RECREATION & PARKS - Adopt Reso. Establ. Cypress Rec. & Park Dist. 1999-2000 Approp. Limit - Adoption of the 1999-2000 Budget - Adopt Reso, Estab. Sal, Ranges - Dept. Heads - Adopt Reso. Estab. Hourly Pay Ranges for Temp. Part-time/ Seasonal Positions PAGE 5 5 5 12-13 7-10 10-11 5 3 4 4 4 5 5 11-12 13 5 5-6 11 4-5 5 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUNE 28, 1999 A regular meeting of the City of Cypress city Council was called to order at 5:00 p.m. by Mayor Keenan in the Board ROOm, West Wing of City Hall, 5275 Orange Street, cypress, california. PRESENT: Councilmembers McOill, Sondhi, Mayor Pro Tern Piercy, Mayor Keenan ABSENT: Councilmember MCCOV Also present were City Manager Ochenduszko, City Attorney Wynder, Community Development Director Angus, Finance Director Storey, Planning Manager Commerdinger, Code Enforcement Officer Pollard. WORKSHOP SESSION: A workshop session was held with City Councilmembers and staff to review a limited pro-active code enforcement policy, developed per the 1998-99 fiscal year Strategic Plan Workplan. Community Development Director AngUS introduced Code Enforcement Officer Jon Pollard, and presented staff's report concerning this item. The plan was developed in response to a need for more aggressive code enforcement indicated by several residents at a TOWn Hall Meeting conducted in May, 1997, and which was identified as a goal in the City's Strategic Objective NO. 5. Following this presentation, It was decided that staff would take a more pro-active approach toward code enforcement In the city; targeting landscaping and trash violations for both residential and commercial uses. Within 90 days, a report will be submitted to Council regarding establishment of a program to issue administrative citations as a form of "alternative dispute resolution", in an effort to speed up compliance by avoiding litigation in an already jammed court system. Further, staff would investigate the concept of giving the public an opportunity to "adopt" a section of the public right-of-way, as a means of keeping the area clean and free of violations. RECESS: At 5:45 p.m., Mayor Keenan recessed the meeting to the City Council chamber Conference Room, to enable the council to enter into Closed Session to discuss the scheduled items. 7:00 P.M. SESSION: The meeting reconvened at 7:00 p.m. PRESENT: Councilmembers McOill, Sondhi, Mayor Pro Tern Piercy, Mayor Keenan. ABSENT: Councilmember MCCOV. AlSO present were City Manager Ochenduszko, City Attorney Wynder, and staff members Storey, DeCarlo, Hensley, Hawkins, Dadbeh and Nevarez. PLEDGE OF ALLEGIANCE: Mayor Pro Tern Piercy led the Pledge Of Allegiance. INVOCATION: The invocation was given by Pastor Weldon Lelmer, Holy Cross Lutheran Church. CITY COUNCIL MINUTES JUNE 28, 1999 REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager provided a report regarding the proactive code enforcement approach discussed during the Workshop Session. He advised that a limited proactive code enforcement program which will target landscaping, lawn parking, debris and inoperative vehicles on both commercial and residential uses, will be implemented. The City Attorney reported that a Public Employee Performance Evaluation (cal. Govt. code ,~54957) for the City Manager had taken place during the Closed Session. Also discussed was an authorized offer of settlement in the matter of Via Maria, Inc., v. City of Cypress, eta/., USDC NO. SACV 98-171-AHS (CaI. GOvt. COde ,~54956[a1). Further, two liability claims (Cal. Govt. Code ,~54956.9[b]) submitted bY Southern California Edison and by vincent Waiters, et al., were discussed. ORAL COMMUNICATIONS: once. Limited to one-half hour. Three minutes per speaker, speaking Mayor Pro Tem Piercy reported on the meetings she attended which were conducted by the orange County Sanitation DiStriCt during the previous week. She advised that one of the meetings was a "Legislators' Day", during which it was discussed that water usage is up and an increase in need is anticipated, while at the same time Californla's supply from the Colorado River will be diminished In the future. AS one way of meeting the increased demand, a system of groundwater replenishment as a means of recycling wastewater will be done. other items discussed were the Infrastructure and the strategic plan for the future. AWARD OF CONTRACTS: 1. Award of Contract for Temporary Jail Services. Chief HensIcy presented the staff report for this item. State of California Title 15 mandates that certain requirements be met in terms of jail staffing and supervision. In addition, the recently completed Police Services Study recommended that "...The Police Department must, very quickly, make a decision regarding its future approach to jail services...". AS a result, it has been decided to create a "Pollce Services Officer" position, which will be a broader classification than just that of a jailer, and will provide the flexibility of allowing additional support in the field. It is anticipated that it will take up to six months to recruit and hire Police Services Officers. In the meantime, the need for additional jail supervision/staffing can be adequately met through the use of interim services provided by Correctional Systems, Inc., at an expense of not more than S50,000. Funds for this project are available in the budget. FOllowing this presentation, a motion was made by Mayor Pro Tem Piercy, seconded by Councilmember MCGiI1, and carried by the following roll call vote, that the City of Cypress will enter into an Agreement with Correctional Systems, Inc., to provide temporary jailer services at a cost not to exceed $50,000 for a perlod of not less than three (3) months and not to exceed six (6) months: AYES: 4 COUNCILMEMBERS: MCGilI, SOndhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCiLMEMBER: MCCOy 2. Award of Contract to Purchase Police Department Firearms, Request for Quotation NO. 9899-5. Mayor Keenan observed that Cypress Police Officers currently own their own CITY COUNCIL MINUTES JUNE 28, 1999 The Police Department defined a need for fifty-four (54) standard and eight (8} compact Heckler & Koch USP40.40 caliber handguns, and solicited bids for same. Of four vendors submitting bids, the ]ow bid was received from Evan's ounsmithing Shooters World, at a total cost of $36,172. The Chief reported that this expense will be adequately funded in the budget, by combining two Community Development Block Grants into ACCOUnt NO. 4305-90-656-35. A motion was made by Councilmember Sondhi, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote, that the CIty Counclh 1. Transfer S21,000 from ACcoUnt NO. 4003-11-175-05 (gang suppression overtime funds) to AcCOUnt NO. 4305-90-656-35 to purchase the H&K USP40..40 caliber semi-automatic handguns; and 2. Award a contract to purchase fifty-four (54) standard and eight (8) compact H&K USP40.40 caliber semi-automatic handguns from Evan's Ounsmithing Shooters world in an amount not to exceed S36,395, from funds in Account NO. 4305-90- 656-35. AYES: 4 COUNCILMEMBERS: MCGilI, sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBER: MCCOy Item No. 3. Award of Car Wash Contract for Fiscal Year 1999-2000. Director of Finance & Administrative Services Storey provided the staff report regarding this item. Mr. Storey advised that since 1977, the City has been using the services of Cypress Car Wash, located at 9971 Valley View. Recently, the car wash changed ownership. B. Yoon, Ph.D., the new owner, has advised the City that with the expiration of the current contract, the car wash's prices Will be increased. Because of the increase in fees, bids were solicited for the city's car wash services. The low bid was submitted by Crescent Hand Car wash. Staff is recommending that the contract for the City's car wash Services be awarded to Crescent Hand Car Wash for several reasons. FirSt, it will result in cost savings of approximately S350.00 per year. Secondly, although Crescent is located in the City of La Palma, it is about the same distance from City Hall as Cypress Car Wash, and, in fact, a little bit closer to the City Maintenance Yard. Finally, there is an outstanding invoice for damage to two City vehicles caused by employees at cypress Car Wash in the amount of S1,136.24. This bill is almost a year old, and still has not been paid. At the conclusion of the staff report, Mayor Keenan asked if the matter of the unpaid invoice was being pursued. The Mayor Pro Tern asked if the previous owner had been billed. There was some question as to whether the current owner assumed the debts of the prior owner when purchasing the business. Mr. Storey reported that the matter was being followed up on, and that it would probably end up in Small Claims Court. A motion was made by Councilmember Sondhi, seconded by Mayor Keenan, and carried by the following roll call vote, that the City Council award the city of Cypress car wash contract to Crescent Hand Car Wash located at 8471 Walker Avenue, La Palma, for a one-year period beginning on July 1, 1999 through June 30, 2000. AYES: 4 COUNCILMEMBERS: MCGilI, Sondhl, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCoy CONSENT CALENDAR: CITY COUNCIL MINUTES JUNE 28, 1999 AYES: 4 COUNCILMEMBERS: MCGili, Sondhi, Pieroy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOV Item No. 5. Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 6. Approval of Design Review Committee Permit No, 99-14, Request to Construct a Second-story Addition tO an ExiSting Residence, Located at 4266 Manchester Place; Design Review Committee Permit NO. 99-15, Request to Install One (1) Buildinq Identification Sign and Two (2) WaifMounted Directional Signs for the Parker Company, Located at 6603 Darin Way; and Design Review Committee Permit No. 99-16, Request tn Replace an ExiSting Wall Sign and Building Fascia for AM-PM Mini-Mart, Located at 4988 Ball ROad. Recommendation: That the City Council adopt the Resolutions bV title only, titles as follows, approving, with conditions, Design Review Committee Permit NOS. 99-14, 99-15 and 99-16. Resolution No. 5104 A ResOlUtiOn Of the City Council of the City of Cypress Approving Design Review Committee Permit No. gg-14, with Conditions Resolution NO. 5105 A Resolution of the City Council of the City of Cypress, Approving Design Review Committee Permit No. 99-15, with Conditions ResOlution NO. 5106 A Resolution of the City Council of the City of Cypress Approving Design Review Committee Permit NO. 99-16, with ConditiOns Item No. 7. AdOptiOn Of a Resolution Accepting Certain Findings in Connection with a Claim for Disability Retirement for Stephen P. Spernak. Recommendation: That the City Council adopt the Resolution by title only, title as follows, accepting certain findings in connection with a claim for disability retirement for Stephen P. Spernak and direct the City Manager to notify the Public Employees' Retirement System that based on these findings, Mr. Spernak's application Is denied. Resolution NO. 5107 A Resolution of the City Council of the City of Cypress Accepting Certain Findings in connection with a Claim for Disability Retirement Item NO. 8. Approval of Cooperation Agreement with the County of Orange, Allowing Continued City Participation in the Community Development Block Grant (CDBG) and HOME Programs for Fiscal Years 2000-2002. Resolution No. 5108 A Resolution of the City Council of the City of Cypress Approving the City's Participation in the HOUSIng and Community Development BlOCk Grant and HOME Programs with the County of Orange Item No. 9. Adoption of Resolution Establishing Salary and Benefits for Department Head Positions. CITY COUNCIL MINUTES JUNE 28, 1999 Item NO. 10. Approval of 1999-2000 Capital Improvement Program General Plan Consistency Finding. Recommendation: That the City Council make the finding that the 1999-2000 fiscal year Capital Improvement Program is consistent with the City of Cypress' General Plan 1993 Update, as required by CaI. Govt. Code §65'103[c]. Item No. 11. Approval of Donation of Used City Computers. Recommendation: That the City Council authorize staff to donate the City's outdated computer equipment to Cypress High School. Item NO. 12. Review of Monthly Investment Program for the MOnth Of May, 1999. Recommendation: Receive and file. Item No. 13. Adoption of Resolution Amending Hourly Pay Ranges for Temporary Part-Time and Seasonal Positions. Recommendation: That the City Council adopt the Resolution by title only, title as follows, authorizing an amendment to the hourly pay ranges for temporary part-time and seasonal positions in fiscal year 1999-2000. Resolution No. 5110 A Resolution of the City Council of the City of Cypress, and Acting as the Ex OffiCiO Board of Directors of the Cypress Recreation and Park District, a Subsidiary DistriCt Of the City of Cypress, Amending Resolution No. 4777, EStabliShing Hourly Pay Ranges for Temporary Part-Time and Seasonal Positions Item No. 14. Renewal of Agreement for Shared Court Liaison Services Between the Cities of Cypress, LOS Alamitos, and Seal Beach. Recommendation: That the City Council authorize the City Manager to execute renewal of the contract agreement with the Cities of Los Alamitos and Seal Beach for Cypress to provide law enforcement court liaison services to those municipalities on a contractual basis. Item No. 15. Certification of Local Pavement Management Program as Required by the Revised Traffic Improvement and Growth Management Plan (Measure "M") Recommendation: That the city Council: 1) Certify that the City of Cypress has a Pavement Management Plan that will remain in place and be maintained to qualify for allocation of revenues generated from Measure "M"; and 2) authorize the city Manager, or his duly designated representative, to execute the Local Pavement Management Plan Certification on behalf of the City of Cypress and to submit the document to the orange County Transportation Authority (OCTA) as required by Measure "M." Item No. 17. Adoption of Resolution EstabliShing the City of Cypress' 1999-2000 Appropriation Limit. Recommendation: That the City Council adopt the ReSOlUtiOn by title only, title as follows, establishing the City's appropriation limit. Resolution NO. 5111 A Resolution of the City Council of the City of Cypress, EStablishing the City's Appropriations Limit for the 1999-2000 Fiscal Year Item NO. 18. Authorization for Acceptance of Orange County Building Damage CITY COUNCIL MINUTES JUNE 28, 1999 Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park DiStriCt, a subsidiary district of the City of Cypress, adopt the Resolution by title only, title as follows, establishing the Cypress Recreation and Park District appropriations limit for the 1999-2000 fiscal year. Resolution No. 195 A Resolution of the City of Council of the City of Cypress, Ex Officio Governing Board Of Directors of the Cypress Recreation and Park District, a subsidiary DistriCt Of the City Of Cypress, Establishing the Cypress Recreation and Park District's Appropriations Limit for the lggg-2000 FiSCal Year Item No. 4. Approval of City Council Minutes of the Adjourned Regular Meetinq of June 7, 1999 and the Regular Meeting of June 14, 1999. This item was pulled by Councilmember MCGIII. On Page 20 of the minutes of the City Council meeting of June 14, 1999, discussion regarding the proposed Adult Day Care center at 4470 Lincoln Avenue was recorded. Councilmember MCGill requested that more detail regarding the discussion of the project be added prior to approving those minutes. Mayor Keenan requested that the time the meeting was called to order be changed from 5:15 p.m. to 5:30 p.m. Councilmember Sondhi asked that in the future, when changes are made to the minutes that they be highlighted in some way, in order for the Councilmembers to distinguish what changes or modifications were effected. A motion was made by Councilmember MCGIII, seconded by Mayor Pro Tern Piercy, and carried by the following roll call vote, that the City Council approve the minutes of the Adjourned Regular City Council Meeting of June 7, lggg, as submitted; and that it continue its consideration of the minutes of the Regular Meeting of June 14, lg99, to its next regularly scheduled meeting on July 12, 199g: AYES: 4 COUNCILMEMBERS: MCGilI, Sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOy Item NO. 16. Review of Citywide Carport Survey. Councilmember MCGill reported that this was a very thorough and well-executed report regarding the city-wide use of carports. He said he had requested that It be pulled in order to determine its history, and whether it had been generated by staff or by City Council request. Community Development Director Alice AngUS provided the background, saying the survey had been generated by the City Manager on the request of a Councilmember. Historically, the City of Cypress has allowed the use of carports in certain areas for apartments, condos and designated single-family dwellings. However, the recent update to the Zoning Ordinance now provides that only garages will be permitted. In addition to determining where and how carports are currently being utilized in the City of Cypress, the purpose of the survey was to help determine ways in which the conversion of the carports to garages could be encouraged. Councilmember Piercy referred to the first photo in the report Which depicted a single-family home with a carport situated in front of a home. She questioned whether or not it was a permitted use. The Community Development Director responded that she CITY COUNCIL MINUTES JUNE 28, 1999 PUBLIC HEARINGS: (Public comments restricted to ten minutes per speaker, unless extended by the City Council.) 20. Public Hearing Re: Continuation of Amendment to Conditional Use Permit NO. 96-17, Request to Add a Full Service Hand Car Wash, Located at 5999 Cerritos Avenue. Community Development Alice Angus presented the staff report on this item, which had been continued from the City Council meeting of May 10, 1999. At that meeting, staff had been directed by Council to hire a noise consultant to determine the effects of the proposed project on the adjacent residences, as well as to determine if noise levels generated by the project would be in violation of the City's Noise Ordinance. David Wleland of Wieland & Associates, the consultant selected DV the City to conduct the noise study, addressed the Council. Mr. Wieland explained that the study had involved the noise impacts of the new car wash building, and the tunneling effect of the car wash tunnel on the adjacent neighborhood residences. The result of the study indicated that while the noise levels generated by the project would not be in violation of the City's Noise Ordinance, the noise would be clearly audible from the adjacent homes. This would be particularly noticeable during lulls in traffic. Councilmember Sondhi requested clarification regarding decibel levels as outlined in the Wieland report, and how they could be mitigated. She said that she had been advised by the Community Development Director that a 7' wall would typically be utilized as a sound-buffering mechanism. Councilmember Sondhi asked if materials other than concrete blocks were typically used to buffer sound, as the six decibel reduction in noise indicated in the noise report did not appear to be significant. Mr. Wieland responded that there were many other types of materials available for this purpose. Additionally, installation of a sound-absorbing wall could reduce the sound an additional three decibels. In response to a question posed by Mayor Keenan, Mr. Wieland advised that a sound-buffering wall could reduce the decibel level generated bV an average of one decibel per foot of wall in height. At the conclusion of Mr. Wieland's report, Community Development Director AngUS advised that while staff conceded that the applicant had made significant progress in eliminating the noise impacts of the project, staff was of the opinion that the noise generated would result in adverse impacts to the residences adjacent to the site. Because of the noise, public concern about negative impacts on their property values, traffic impacts, loss of quality of life and various other concerns, staff felt the use to be incompatible with the area, and was recommending denial of the project. The applicant, Mr. Sal Hassan, then addressed the Council. Mr. Hassan Said that since he originally proposed this project, staff had requested many modifications, with which he had complied. He noted that he had paid for several noise studies, in addition to making expensive modifications to his project. He explained that his vacuums were underground, and would not be as noisy as those in a typical car wash. In addition, he would not allow his employees to yell at customers and slam car doors, and that the mitigation measures he would put into place would more than adequately reduce any noise levels generated. Mr. Hassan said he would be happy to respond to any questions anyone had. At the conclusion of his comments, the Mayor opened the public hearing. He first requested that those in favor Of the project to please step forward. FirSt tO speak was Francis Tenggardjaja, who supported Mr. Hassan's project, and offered the use of his sound meter to any member of the City Council who wished to use it. Next to offer support was Mr. Edgar A.K. Aramouni, architect for the project. Mr. CITY COUNCIL MINUTES JUNE 28, 1999 At the conclusion of the supportive comments, the Mayor asked for input from those opposed to the car wash. Ms. Brenda Green addressed the Council. MS. Green had been delegated by the residents of the adjacent neighborhood, many of whom were in the audience, to speak on their behalf. Ms. Green provided a presentation outlining the various areas of concern, complete with a graphic diagram. Points covered included the following opinions of the residents: 1) The site of the proposed car wash was very close to an already busy and dangerous intersection; 2) Not enough space was allowed for the stacking of Vehicles, which will result in negative impacts upon the existing traffic; 3) Three other similar type car wash operations were surveyed. All averaged 150-400 cars per day. An increase in traffic of this size would further snarl existing traffic congestion at the site; 4) There is a distance of only 69' between the proposed car wash and the closest residence. 5) Lights generated by the use were disturbing to the residents. At the conclusion of her presentation, Ms. Green said she would be happy to respond to any questions. John Clement, resident of Cypress, also addressed the Council in opposition to the project. Mr. Clement stated that the noise meter responses were questionable, and that the people in the back of the room could barely hear the noise consultant above the sound of the air conditioning in the room. Ms. Darlelle TOm also addressed the Council. Ms. Tom also represented the interests of the people in the neighborhood adjacent to the proposed use. MS. TOm requested the Council to keep the vision statement of the City in mind when considering this issue; especially the part that related to "...in partnership with the community..." MS. TOm then showed a short videotape taken at a car wash She stated was similar to what the proposed project would be like. Included in the video were shots of her holding a noise meter which showed various decibel levels for different areas of the car wash. MS. Tom said that their neighborhood enjoyed a quiet quality of life which would be negatively impacted bY the proposed use. She made the following points: She and more than 30 residents, most of whom were present, felt the use to be an incompatible land use; cars would be stacked up into their neighborhOOd if the use was approved, 80% of the neighborhood residents are retirees who are entitled to enjoy their property in peace and quiet; their property values would be reduced if the project Were to go forward; the neighborhood's stability would be negatively affected by the project; there are no other car washes built against any other neighborhoods in the area; the Use would preclude another business from making Use of the adjacent Commercial- zoned parcel. Mayor Keenan then asked noise consultant David Wieland to comment on the videotape shown by MS. TOm. Mr. Wieland said that the car wash shown was on ROUte 1, which has considerable traffic noise. He couldn't comment on the results of the noise meter shown, because he was not familiar wiCh its calibration. CITY COUNCIL MINUTES JUNE 28, 1999 constructed in t968. Further, they required a buffer from the Commercial-zoned adjacent property. The Mayor then asked if the applicant wished to address the allegations. Mr. Hassan observed that this was the third or fourth time there had been a "stand-up show" from opponents of his project. He claimed that if he had the business he's accused of having, he wouldn't need to ,construct the car wash. Mr. Hassan also said that the car wash tunnel shown in Ms. Tom's video differed considerably from the one he was proposing in several aspects: 1) it was closed overhead; his would be open; 2) it had an overhead vacuum; his would be underground; 3) it used blowers; his would have none; 4) he has never seen an accident on the street near his gas station; and 5) stacklng would be minimal as a result of the car wash. He has more than adequate room to allow vehicles to maneuver. He acknowledged that 4:00 p.m. to 6:00 p.m. was his busiest time of day, but that he did not average over 100 customers per hour. Mayor Keenan asked if blowers would be added later to the operation. Mr. Hassan said they Would not, as it would be too expensive to do so. The Mayor then asked about the Veiling and honking bV employees issue, and wanted to know how customers were actually notified that their vehicles were ready. Mr. Hassan said he did not like his employees to yell or honk, although sometimes honking was done. A notification system using walkie-talkies was mostly used. Councilmember Sondhi addressed the stacking issue, asking how many spaces were available for how many cars at any one time. The applicant responded that there was adequate room to allow for 12 to 14 Vehicles with their doors in an open position. Councilmember Sondhi then asked about the noise issue, asking if it would be possible to add soundproofing material to the buffering wall. The applicant stated that he could not definitively answer that question, as he had already spent considerable sums of money making modifications requested by the City, and he did not know What kind of costs would be involved. He stated that the wall alone would be constructed at a cost of $24,000.00. FOllowing these comments, the Mayor closed the public hearing. Councilmember McGill asked if the noise consultant had considered the tunnel wind direction, and what effect it would have on the noise levels. Mr. Wleland responded that he had taken it into consideration, but that it Was not a factor in the short distances involved. Councilmember McGill then asked if the open roof construction had been also considered; Mr. Wieland replied that it had. When asked about the "Velllng employee" factor, Mr. Wieland responded that it was not a significant noise source. Mayor Pro Tern Piercy observed that she had reviewed the noise study and had noted that a one-decibel increase was barely noticeable, while a five-declbel increase was significant. It was the Mayor Pro Tem's opinion that the project would be an incompatible land use for several reasons. Two of these were the fact that there were bright lights from the current use already disturbing the neighbors, and that if the tunnel were constructed with an open roof, car wash residue would be blown all over the neighborhood--with indeterminable results. Councilmember McGill expressed his agreement with these statements. Mayor Keenan commented that while some of the opponents had noted there were no similar uses, he was aware of one in LOng Beach. The car Wash Was in the vicinity of Wardlow and Norwalk IBIvd., and was a hand car wash bordering some very expensive homes. He also noted that Mr. Hassan's station is a very large facility with more than adequate setbacks. Councilmember Sondhi observed that it may have been more helpful if the sound study was completed more deeply into the development, as opposed to being conducted at its perimeter. She also noted that the light issue Should be adequately addressed, and that it Was difficult to deterrnin~ th~ ;:ihi;nlllfl~ nrne: ~nrl t-nnc CITY COUNCIL MINUTES JUNE 28, 1999 Resolution NO. 5112 A Resolution of the City Council of the City of Cypress Denying Amendment to COnditional Use Permit NO. 96-17 for the Construction of a Car Wash at 5999 Cerrltos Avenue The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: I COUNCILMEMBERS: I COUNCILMEMBER: McGilI, SOndhi, Piercy Keenan Mccoy At 9:30 p.m., the Mayor recessed the meeting and reconvened it at 9:37 p.m. 21. Continuation of Public Hearing Re: Conditional Use Permit No. 99-1, Request for the Operation of an Automotive Repair and Towln.q use, Located at 5640 LinCOln Avenue and variance No. 99-1, Request to AllOW overnight Outdoor Vehicle Parking Durln.q Phase 1, Less than the Standard Ten-Foot riO') Wide Landscape Setback in a Portion of the Front Yard Area, and No Five-FOOt (5') Wide Landscape Buffer Around the Front of the Existing Building. Community Development Director Angus provided the staff report for this requested Conditional Use Permit. She reminded the Council that the item had been continued from the City Council meeting of June 14, to allow staff to modify the Conditions of Approval and to develop revised findings for the Resolution approving Variance NO. 99-1, pursuant to the City Council's direction. The following revisions had been effected: Condition No. 37 was revised, allowing outdoor vehicle parking only during Phase I operations. This is allowed within the fenced enclosure area, no more than 72 hours per vehicle, for a maximum of seven (7) vehicles at any one time. Condition NO. 46 was amended to include an eight-foot (81 high overnight parking area screening Wall during Phase I improvements. Condition No. 47 now extends the completion deadline for Phase 2 improvements to 24 months from the date of City Council approval. Also, it stipulates removal of the Phase 1 parking enclosure wall. Findings listed on the Resolution approving Variance No. 99-1 have been modified to include findings for approval of the proposed overnight parking, as restricted by Conditional Use Permit No. 99-1. The Resolution for the Variance therefore now authorizes approval of the proposed landscape and parking variances. At the conclusion of her report, the Community Development Director advised that she would be happy to answer any of the Council's questions, as the applicant was not present. councilmember McGill asked if the overnight parking would be allowed only in the screened area; Director Angus responded in the affirmative. Mayor Keenan asked when Phases I and II were scheduled for completion; the Community Development Director responded that they would be done in three (3) and twenty-four (24) months, respectively. The Mayor then opened the public hearing. No comments were offered in favor of or in opposition to the project, and the public hearing was closed. Councilmember Sondhi commented that it was good to attract viable businesses to the LinCOln Avenue Project. Mayor Keenan agreed, and expressed the wish that CITY COUNCIL MINUTES JUNE 28, 1999 Resolution NO. 5113 A Resolution of the City Council of the City of Cypress Approving Conditional Use Permit NO. 99-1, with Conditions Resolution No. 5114 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, Section 27.11 Landscaping Requirements, and also Granting a Variance from the Terms of the Lincoln Avenue Specific Plan, Section 4.5.3, Landscape Setback Areas - Variance NO. 99-1 The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: MCGill, Sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: McCOV The City Council, acting as the ex officio Board of Directors of the Cypress Recreation and Park DiStrict: 22. PUbliC Hearing Re: Adoption of the 1999-2000 BUdget of the Recreation and Park DiStriCt. Director of Finance & Administrative Services Richard Storey presented the staff report for this item. He explained that the proposed budget represented a balanced spending plan for delivery of programs and services to Cypress residents. The total proposed budget Is $3,101,630, which represents a 4.98% decrease over the previous fiscal year's budget. The total operating revenues presented for adoption are $3,030,537 which is S37,373 or 1.3% higher than the prior year's adopted budget. The increase is due to higher projected property tax collection and user fee proceeds. The Mayor opened the public hearing. NO comments were offered, and the public hearing was closed. Councilmember McGill stated that he was impressed with the frugality of the budget. A motion was made bV Councilmember MCGilI, seconded bV Mayor Pro Tem Piercy, and carried by the following roll call vote, that the City Councll, acting as the ex officio governing Board of Directors of the Cypress Recreation and Park District, adopt the 1999- 2000 DistriCt BUdget as proposed: AYES: 4 COUNCILMEMBERS: MCGill, Sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBER: MCCoy NEW BUSINESS 23. Adoption of the 1999-2000 BUdget for the City of Cypress. Director of Finance & Administrative Services Storey presented the report on this item. He advised that the proposed City of Cypress Budget for fiscal year 1999-2000 represented a balanced spending plan for the delivery of services and programs to Cypress residents and businesses. The total proposed budget of $1,546,255 is 7.3% higher than the last fiscal year. The total Operating Expenditures recommended for adoption are $483,103; 2.9% higher than the previous year. Capital Projects total S1,169,178 and CITY COUNCIL MINUTES JUNE 28, 1999 the Several funds and the functions, departments and activities carried on under such funds: Resolution NO. 5115 A Resolution of the City Council of the City of Cypress Approving the Annual Budget for the Fiscal Year Commencing July 1, lggg, and Fixing the Limitations of Expenditures for the Several Funds and the Functions, Departments and ACtiVitieS Carried on Under Such FUndS The motion carried bv the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: 0 COUNCILMEMBERS: I COUNCILMEMBER: McGilI, Sondhi, Piercy, Keenan None MCCOV 24. Proposed Limitations on Hours of Construction and Maintenance. The Community Development Director provided the staff report for this item. She said that the cypress city code currently mandates that noise associated with construction of real property be restricted between the hours of 8:00 p.m. and 7:00 a.m,, Monday through Saturday, and all day on Sundays and federal holidays. NoiSe associated with maintenance of real property is also restricted by the Code between 8:00 p.m. and 7:00 a.m., Monday through Saturday, and 8:00 p.m. and 9:00 a.m. on Sundays and Federal holidays (Municipal Code of the City of Cypress, §13-70), Panasonic, Inc., recently installed a roof air conditioning unit through the use of a helicopter, resulting in numerous complaints from residents residing in a development south of the Panasonic location. While the operation was conducted within the hours mandated by the code., staff was of the opinion that a modification of those hours may be indicated. Therefore, staff was recommending that the Council direct staff to prepare a Code amendment to address this issue, and submit it to the City Council for consideration. Mayor Keenan referred to the City's ordinance regulating leaf blowers, and observed that lawn mowers and chain saws should be similarly regulated. The Mayor Pro Tern agreed, and noted that after the hour of 9:00 a.m. on the weekends would be appropriate. Councilmember Sondhi felt that a start time after 9:00 a.m. on Saturdays would be appropriate. A motion was made by Councilmember Sondhi, seconded by Mayor Pro Tern Piercy, and carried by the following roll call Vote, that the City Council direct City staff to prepare a Code amendment to address the issue of proposed limitations on hours of construction and maintenance and return it to the City Council for consideration: AYES: 4 COUNCILMEMBERS: McGill, Sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOV 25. Proposed city Position on Potential 1999 Airport Environs Land use Plan (AELUP) Revisions by the county of orange Airport Land Use Commission (ALUC). The Community Development Director presented stafrs report regarding this issue. She explained that the County of Orange has both an Airport Land Use Commission (ALUC) and an Airport Environs Land Use Plan (AELUP) as mandated by the Publlc Utilities Commission for counties having an airport within their boundaries. The AELUP'S are periodically revised, in response to changes in the facility, new legislation or In response CITY COUNCIL MINUTES JUNE 28, 1999 Because of these concerns, staff was recommending that the CIty Council 1) adopt a position to oppose the inclusion of avigation easements and direct staff to proceed with the administrative, legal and political actions outlined in the staff report to respond to the potential revisions to orange County's AELUP. Mayor Keenan asked if the meetings of the Orange County Airport Land Use Commission were monitored by staff; the Community Development Director assured him that they were. She also reported that when questioned about the revisions, the ALUC staff informed City of Cypress staff that the changes "were minor" and "not to worry about it." MrS. AngUS Said that this was a cause of great concern, as the changes proposed were certainly not of a minor nature. A motion was made by Mayor Keenan, seconded by Councilmember Sondhi, and carried by the following roll call vote, that the City Council adopt a position to oppose inclusion of avigation easements and direct staff to proceed with the administrative, legal and political actions in the staff report dated June 28, 1999, to respond to the potential revisions to Orange CounW's AELUP: AYES: 4 COUNCILMEMBERS: MeGill, Sondhi, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBER: MCCOy 26. Approval of Commercial Warrant List for Warrant NOS. 38070-38282. Mayor Keenan abstained from voting on Warrant NOS. 38098 and 38243. Because of a discussion held during the City Council meeting on June 14, 1999, regarding the exposed footings at the recently opened Nature Park, Councilmember Sondhi questioned the authorization of payment to the contractor who did the fence work at that location. Associate Civil Engineer Kamrin Dadbeh advised that he had personally inspected the site, and the condition had been partially corrected, but not completely. Ten percent (10%) of the funds due the contractor were still being held, and would not be released until the job was completed to the City's satisfaction. A motion was made by Mayor Pro Tern Piercy, seconded by Councilmember MCGilI, and carried by the following roll call vote (wlth Mayor Keenan abstaining on Warrant NoS. 38098 and 98243) to approve the Commercial Warrant LiSt for Warrant Nos. 38070-38282, totaling S778,392.67, as presented. AYES: 4 COUNCILMEMBERS: MCGilI, Sondhl, Piercy, Keenan NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBER: MCCOy The meeting was recessed at 9:50 p.m. in order that the City Council could meet as the Cypress Redevelopment Agency. REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS FOllOwing discussion of the Redevelopment Agency business, the Mayor reconvened the City Council meeting at 10:10 p.m., and requested reports on the Committee Assignment reports from the Council Representatives. Councilmember Sondhi reported that the video regarding the El Toro conversion from the Orange County Airport Alliance was not yet available, but would be given to the media for public access once it is received. She also advised that she was a member of Loretta Sanchez' HOUSing Summit Task Force which met in Santa Ana on June 21st. One of the topics discussed during this meeting, during which much dialogue was encouraged, was the need for affordable housing in orange County. Councilmember Sondhi encouraged staff to contact CITY COUNCIL MINUTES JUNE 28, 1999 Mayor Keenan reported that during the last two meetings of the Orange Count2/ Transportation Authority, several things had been discussed/accomplished. A budget for 1999-2000 had been adopted, some Orange County routes had been straightlined, expanded services would be implemented, and the next phase of the "Gateway" project had been approved. That project will involve the construction of several large gateway- style monuments constructed at various locations around the boundaries of Orange County, welcoming visitors/residents, and visible from the freeways. The first one will be erected in Brea. The Mayor also artended a meeting In San Jose of the League of California Cities Policy Committee on Transportation and Public Works. He stated that the Committee's focus is to make recommendations on legislation affecting transportation and public works throughout the State of California. Mayor Keenan also reported that a budget for West-Comm had been adopted, and a salary adjustment for the West-Comm Director had been approved. ORAL COMMUNICATIONS: FOr matters not on the agenda. The Mayor encouraged everyone to attend the Joint Cities 4th Of July celebration scheduled for Sunday, July 4th, at the Armed Forces Reserve Center. The celebration was being jointly sponsored by LOS Alamitos, Cypress, Rossmoor and Seal Beach. Mayor Keenan said that the gala would begin at 4:00 p.m., and that Mayors' speeches would be presented at 7:00 p.m. A band was scheduled and there would also be fly-overs. The Mayor then encouraged everyone to attend the Concert on the Green series held on the Civic Center grounds. WRITTEN COMMUNICATIONS: FOr matters not on the agenda. There were no written communications to consider. ADJOURNMENT: The meeting was adjourned by Mayor Keenan at 10:20 p.m. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS