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Minutes 95-08-14 1. MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 14,1995 The Regular Meeting of the Cypress City Council was called to order at 4:30 on MOnday, August 14,1995, In the Administrative Conference Room, West Wing, City Hall, 5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Councllmembers Bowman, carroll, Kerry and Age Councllmember Jones Also present were City Manager/City Clerk Darrell Essex, Community Development Director Chris Kelly, Finance Director Richard storey and Redevelopment Technician Jim Dellalonga. INTRODUCTION OF COMMUNITY SAFETY ADVISORY COMMITTEE MEMBERS: Chief Wicker introduced the newly formed Community safety AdVisOry Committee Members Elsie carruthers, Bill Dumas, Beverly Martin, Louis Bolchlno, Clifford BOS and Bill Reimer to the City Council. Committee Members Michael Tillson and Janet spurgeon were absent. WORKSHOP SESSION: Wicker Drive Committee Discussion. The Council discussed the Wicker Drive committee, with the decision being made that the Committee will begin Its work In september. There will be a six month period for completion of the project with a review of zoning, land use and the fiscal Impact of the development of that property. The employment of a facilitator will be considered to help the process and assist with the Committee's discussions. There was a brief discussion on the Lincoln Avenue Committee with an overview of the programs expected on Lincoln Avenue, Including an upgrading of several portions of the area with new projects. The Council then provided direction for the Lincoln Avenue process. RECESS: Mayor Age adjourned the meeting at 5:32 p.m. to enable the Council to move to the Council Chamber to continue the 5:30 p.m. portion of the meeting. The meeting reconvened at 5:40 p.m. with all Council members present except Council member Jones. Also present were the City Manager/City Clerk, City Attorney John cavanaugh and staff members Bacock, carter, Decarlo, Kelly, Raymond and storey. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Ms. Helen schwab, Attorney for the APpellant MaSSey, 16055 Ventura Blvd., Ste. 1000, Encino, stated she was present for the Closed Session Item on Public Employee Dismissal. She asKed the Council to consider her remarks In addition to the letter brief, dated August 7,1995, which she had already submitted. The hearing officer had suggested that the employee be reinstated and MS. Schwab requested the Council reconsider his recommended penalty of nine months suspension without pay. The Administrative services Director provided the Council with the status of the CATV Commission's PEG Channel survey for which almost 1,000 responses have been received, representing a 12% return of surveys mailed. CONSIDERATION OF AWARD OF CONTRACT FOR WEED ABATEMENT CONTRACT FOR FISCAL YEAR 1995/96, REQUEST FOR QUOTATION NO. 9596-2: The City Manager presented the staff report dated AugUst 1,1995, which advised that two bids were received for weed abatement services for vacant parcels within the City. The low bidder has performed this worK for the City in prior years, Including the last fiscal year and the unit prices quoted In the current proposal are consistent with the last fiscal year. It was moved by Councilmember Carroll and seconded by Councllmember Bowman to award the 1995/96 weed abatement contract to Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, California 92647, In the amount of 520,270. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF AWARD OF CONTRACT FOR DEMOLITION OF A STORAGE BUILDING IN THE CITY YARD: The City Manager asked the pUblic Works Superintendent to summarize the staff report dated August 1,1995, which Indicated that three bids had been received to 1. MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUgust 14,1995 The Regular Meeting of the Cypress City Council was called to order at 4:30 on Monday, August 14,1995, In the Administrative Conference Room, West Wing, City Hall, 5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Councilmembers Bowman, carroll, Kerry and Age Council member Jones Also present were City Manager/City ClerK Darrell Essex, community Development Director Chris Kelly, Finance Director Richard Storey and Redevelopment Technician Jim Dellalonga. INTRODUCTION OF COMMUNITY SAFETY ADVISORY COMMITTEE MEMBERS: Chief Wicker introduced the newly formed community safety AdVisory Committee Members Elsie carruthers, Bill Dumas, Beverly Martin, Louis Bolchlno, Clifford BOS and Bill Reimer to the City Council. committee Members Michael Tillson and Janet spurgeon were absent. WORKSHOP SESSION: Wicker Drive Committee Discussion. The Council discussed the Wicker Drive committee, with the decision being made that the Committee will begin Its work In september. There will be a six month period for completion of the project with a review of zoning, land use and the fiscal Impact of the development of that property. The employment of a facilitator will be considered to help the process and assist with the Committee's discussions. There was a brief discussion on the Lincoln Avenue Committee with an overview of the programs expected on Lincoln Avenue, including an upgrading of several portions of the area with new projects. The Council then provided direction for the Lincoln Avenue process. RECESS: Mayor Age adjourned the meeting at 5:32 p.m. to enable the Council to move to the Council Chamber to continue the 5:30 p.m. portion of the meeting. The meeting reconvened at 5:40 p.m. with all council members present except Council member Jones. Also present were the City Manager/City Clerk, City Attorney John cavanaugh and staff members Bacock, carter, DeCarlo, Kelly, Raymond and storey. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Ms. Helen schwab, Attorney for the Appellant Massey, 16055 Ventura Blvd., Ste. 1000, Encino, stated she was present for the Closed session Item on Public Employee Dismissal. She asked the Council to consider her remarks in addition to the letter brief, dated August 7,1995, which she had already submitted. The hearing officer had suggested that the employee be reinstated and Ms. schwab requested the Council reconsider his recommended penalty of nine months suspension without pay. The Administrative Services Director provided the Council with the status of the CATV commission's PEG Channel survey for which almost 1,000 responses have been received, representing a 12% return of surveys mailed. CONSIDERATION OF AWARD OF CONTRACT FOR WEED ABATEMENT CONTRACT FOR FISCAL YEAR 1995/96, REQUEST FOR QUOTATION NO. 9596-2: The City Manager presented the staff report dated August 1,1995, which advised that two bids were received for weed abatement services for vacant parcels within the City. The low bidder has performed this worK for the City in prior years, including the last fiscal year and the unit prices quoted in the current proposal are consistent with the last fiscal year. It was moved by Council member CarrOll and seconded by Council member Bowman to award the 1995/96 weed abatement contract to Edwin Webber, Inc., 8472 Rembrandt Drive, Huntington Beach, California 92647, In the amount of 520,270. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF AWARD OF CONTRACT FOR DEMOLITION OF A STORAGE BUILDING IN THE CITY YARD: The City Manager asKed the Public Works superintendent to summarize the staff report dated AugUst 1,1995, which indicated that three bids had been received to , ' / . /..... 5 CITY COUNCIL MINUTES August 14,1995 2. Award a contract for the Construction of a Retaining Wall at the Newman/NanCY Intersection and storm Drain Pump station NO.2 to Pioneer Masonry, Inc., P.O. Box 1295, Artesla, California 90702-1295, in the amount of $14,047 laward amount of $12,770 plus 10% contingency. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSENT CALENDAR: All matters 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. Councllmember Carroll asked that Items No. 17 and 18, the two Recreation & Park District matters, be removed. Mayor Age requested that Items NO.9 and 15, Consideration of Attendance to the League of California Cities' Annual Conference and Consideration of ReqUest for Additional APpropriation from the General Fund Unreserved Fund Balance to Reformat the City's Municipal code, be pulled. It was moved by Councllmember Bowman and seconded by Council member Carroll to approve the Consent Calendar Items NO.6 through 18 excluding Items No.9, 15, 17 and 18. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones Item No: 6: Motion to Approve City Council Minutes of July 24, 1995 and July 31, 1995. Recommendation: That the City Council approve the Minutes of the Regular Meeting of July 24, 1995 and the Adjourned Regular Meeting of July 31, 1995, as submitted. Item NO.7: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title only and to Waive Further Reading. Item NO.8: Consideration of Design Review Committee's Approval of DRC 895-38. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit 895-38 - with conditions. RESOLUTION NO. 4520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-38 - WITH CONDITIONS. Item No. 10: Consideration of proclaiming september 17 - 23,1995, as "Constitution Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim the week of September 17 - 23,1995, as "Constitution WeeK" In the City of Cypress. Item No. 11: Consideration of Claim Flied by Quinton Flynn. Recommendation: Receive and file. Item No. 12: Consideration of proclaiming August 17, 1995, as "Victory In the paCific Day" In the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim August 17,1995, as "Victory in the Pacific Day" In the City of Cypress. Item No. 13: Consideration of Promotional Employment List - Police sergeant. Recommendation: Receive and file. 3 4 CITY COUNCIL MINUTES AugUst 14,1995 Item No. 14: Consideration of Acceptance of Project for Structural Repairs to the Police Department Foundation and Floor Slab, Public WorKs project NO. 9123. Recommendation: That the City Council: 1) Accept the structural Repairs to the Police Department Foundation and Floor Slab, Public Works project No. 9123, as being satisfactorily completed In conformance with the project specifications; 2) Approve the final retention payment to pressure Grout company, 1301 W. 11th Street, Long Beach, CA 90813,35 days after the Notice of Completion Is flied; and 3) Authorize the City ClerK to release the Labor and Materials Bond upon expiration of the required lien period, If no claims or objections have been flied, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of PUblic Works' concurrence. Item No. 16: Consideration of Recommendation From the CATV Commission Regarding Cable TV public, Education & Government Channel 1992-1994 Review. Recommendation: That the City Council move to approve the CATV Commission 1992- 1994 public, Education & Government Channel Review; and authorize transmittal of recommendations to appropriate parties. END OF CONSENT CALENDAR With regard to Item NO.9, Attendance to the League of california Cities' Annual Conference, Mayor Age advised that she did not have a problem with attendance at any of the League meetings, but cautioned that there Is a need to watch expenditures and she asked the Council to be conservative on expenses. Regarding air flight tickets, the City Manager suggested that the Council advise staff as soon as possible so the air fares can be coordinated. It was moved by Mayor Age and seconded by Councllmember Bowman to authorize the attendance of any Interested Council Members and staff to attend the 97th Annual Conference of the League of California Cities, scheduled to be held on October 22 - 24, 1995, in san Francisco, and be reimbursed for all actual and necessary expenditures Incurred. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones In regard to Item NO. 15, Request for Additional Appropriation From the General Fund Unreserved Fund Balance to Reformat the City's Municipal code, Mayor Age expressed her dislike of an 8-1/2 x 11 sized code book and asKed Council for their opinion. It was the consensus of the Council that the 8-1/2 x 11 was easier to read and would be thinner compared to the present size. It was moved by Mayor Age and seconded by Council member Kerry to authorize the appropriation of $4,000 from the General Fund unreserved Fund Balance to 4187-11-115-02. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones Regarding Item 17, Authorization to Attend the California and Pacific Southwest Recreation and park Conference ICPSRPC), Councllmember carroll noted that 11 people would be attending the conference and he asKed for a total dollar estimate of the cost. The Recreation & park District Director reported that If each Commissioners attended the entire conference, It would be 54,100 For the four staff members, it would be approximately $2,500, all inclusive, with no air fares. It was moved by Council member Carroll and seconded by Councllmember Bowman that the City Council, acting as the ex. officio governing Board of Directors for the Cypress Recreation and Park District, authorize the attendance of the Recreation and ParK Director, three (3) Recreation Services Managers and seven m Recreation and Community Services Commissioners to the California and Pacific Southwest Recreation and Park Conference (CPSRPC), scheduled for February 3 -11, 1996, In san Diego; and be reimbursed for all actual and necessary expenses Incurred. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones 4 5 CITY COUNCIL MINUTES August 14,1995 In regard to Item No. 18, Cypress Recreation and ParK District's Debt Service Tax Rate for the 1995-96 Fiscal Year, Council member carroll asKed the amount of debt service. The Finance Director advised that It was 57.40 per 5100,000 and the .0074 per cent Is the actual tax rate covering both principle and interest for the Park District's bond. The bonds will be paid Off In 1998 with three more assessments against the home owners. It was moved by Councllmember carroll and seconded by Council member Kerry that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and park District, adopt the Resolution by title only, title as follows, fixing the District's debt service tax rate to be .0074 per cent 1.000074) of the assessed value. RESOLUTION NO. 186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1995-96. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CLOSED SESSION: Mayor Age recessed the meeting at 6:05 p.m. to enable the Council to enter Into Closed Session to discuss those agendized matters of: Conference With Legal Counsel - Existing litigation (Government Code Section 54956.9(a) orange county Superior Court case No. 737801; Public Employee Dismissal (Government Code Section 54957); Conference with Legal Counsel - Anticipated Litigation IGovernment Code 54956.9(b); liability Claims (Government Code Section 54956.95), Nick Trujillo vs the Cities of Cypress and Los Alamltos and Goldie ziegler vs the City of Cypress. The meeting reconvened at 7:30 p.m. with all Council members present except Council member Jones. staff members present Were the City Manager/City Clerk, City Attorney, Director of Administrative services, Director of Recreation & ParK District, community Development Director, Finance Director and Chief of Police. PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Carroll. PRESENTATIONS: Mayor Age presented a special ReCognition Certificate to Brandon pacheco, National Scholastic Outdoor Track and Field Champion from Brethren Christian High SChool. Police Chief Wicker recognized the following donors to the D.A.R.E. program, Cypress American Legion post #295, 51000; Ramada Plaza Hotel, 5266 and woman's Club of Cypress, 5200. The City Manager reported on discussions held with Council during the worKshop session on the WicKer Drive and Lincoln Avenue Committees. He then summarized those Council actions taKen during the 5:30 p.m. portion of the Cypress City Council agenda. The City Attorney reviewed discussions held during Closed Session on the five agendlzed items. The first Item on existing litigation, the Citizens Association vs. the City of Cypress and the Warland Center. Two Items InVOlving personnel matters with Council voting 4 to zero to continue the Police Dispatcher matter for 30 days when action would be taken. The next two were tort liability claims of NicK TrujillO and Goldie ziegler with a vote of four to zero to reject both those claims. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. Dr. Alan Buck, 6073 Nauru street, cypress, mentioned the letter he had written to the City Attorney about traffic studies and Warland Drive. He had advised that he was going to report on true environmental crimes at every meeting. He had asKed the City Attorney to report the crimes to the orange county District Attorney and asked the citizens to sign a list to have the City Attorney disbarred. The City Attorney reported that the matter referred to by Dr. BucK had been submitted to the orange County District Attorney's office. He stated that Dr. Buck has made allegations of criminal conduct and the City Attorney does not have the authority to 5 6 CITY COUNCIL MINUTES August 14,1995 make any recommendations or Issue decisions on criminal conduct, the District Attorney does. An opinion Is being solicited from another environmentalist, which Is being referred to the District Attorney also. Ms. Kim warrington, 7100 Cerrltos Avenue, #15, Stanton, introduced herself to the Council and advised that she was starting a campaign for a left turn signal at Knott and Cerritos Avenues. She hoped that the Cities of stanton and Cypress could work together and she left copies of campaign material. Mr. Don wesling, 11431 Anegada street, Cypress, addressed what occurred at the last Council meeting on the Cypress Land settlement and remarks made by the Council on that SUbject. Mr. Carmine Pillchl, 4521 Victoria Court, Cypress, asKed what the disposition will be of the dirt pile next to Veterans park. He also asKed why the meter maid does not follow the sweeper on Denni street, which the Chief will review and respond. The Mayor replied that the plastic has been taken off and they are starting to remove the dirt. Mr. MIKe Grltchen, 11619 Malden Street, Cypress, discussed again the permit prepared by Councllmember Bowman and communications between the Post Office, Council member Bowman and the City Manager. The City Manager responded that a copy of the communication from the Post Office was given to Mr. Grltchen advising that the Post Office had made an error and It was corrected. Council member Bowman stated that the City had not been billed one penny on the permit. MS. Jane wozniak, 4480 Avenida Granada, Cypress, referred to the sign on Valley View which stated that, "You are witnessing the Rape of Cypress. Recall Is necessary. Age, Bowman and Kerry." She said the only rape in Cypress Is the $70,000 or more for the special recall election and the money from the lawsuit settlement. She made responses to the letter to the editor from Mr. Bob Pepper. MS. Laurette potter, orange Avenue, Cypress, expressed her opposition to the Shaw warehouse project and she believed all of Cypress should be concerned. Her major concerns were traffic, the EIR, noise and pollution. MS. Kathy simcox, 6143 Trinidad Avenue, Cypress, expressed her concern about the council's judgment. It sounds as if money is the only concern. The property values are down because the mammoth trucKing warehouse Is moving across the street. she also referred to the Council member Bowman's permit application from the post office. MS. Jo Dutro, 10002 St. Stephen Circle, Cypress, spoke about the lawsuits filed against warland Investments and Cypress Land on noise, traffic and Pollution even though the Citizens for Sensible Development had not objected previously at the permit hearing and she spoKe of the settlement with Cypress Land. She mentioned she had called Briggeman and then provided a breakdown of the trash bill. Mr. Justin Conde, 11301 Anegada street, Cypress, said he was awakened at 2:30 a.m. by trucKs working on the Shaw project and he was frustrated that he will not be able to sleep when the project Is completed. His grades will drop because of tiredness which will happen because of the cumulative Ignorance of the Cypress City Council. Mr. Nicholas Eighmy, Cypress, voiced his support for the Council. The proponents of the recall effort have gone too far in maKing personal attacks, innuendos and lies about the City Council and staff. The sales tax revenue from the Shaw Warehouse is desperately needed by the City. Ms. Alice Rogers, 4219 Dover Circle, Cypress, expressed her disfavor of the settlement Cypress Land made with the Citizens for Sensible Development. The use of that property has been zoned for a long time. There was no reason for a lawsuit and because it Is Cheaper to settle, an agreement was made. She then spoke on the decrease in land values in the last two years in the City as well Orange County. Mr. Ted Hill, 10001 St. Vincent Circle, Cypress, stated he has been listening to people lie, say the same things over and over every meeting for the last ten months. They are only 6 l.~""~...._". .__.__._.___~', _.... '__ 7 CITY COUNCIL MINUTES August 14, 1995 using the microphOne for political attention. He praised the Council for doing a good job. MS. Alicia Kimble, 4463 Via Linda, cypress, spoKe against the recall and expressed her support for the Council. She suggested that the Council pursue legal counsel if lies are being told and she did not liKe all the fighting. Mr. Dave Conde, 11301 Anegada street, Cypress, said the City Council approved a 24 hour project with no limitations on the volume, the number of trucks and the hours of operation. His objection was that there were no limitations on the number of trucks or subleasing the warehouse. He commented that he has no problem with reasonable development. Responding to Mayor Age's question on hearing testimony on the Shaw warehouse because of the appeal that has been flied, the City Attorney replied that any evidentiary information on the appeal Is from what the superior Court already has and the comments will not have any effect on the appeal. Mr. Morrie spatz, 4508 Larwln Avenue, Cypress, remarKed that he did not like what is happening in the City. Every road in the City of cypress is an artery that the whole county passes through. Mr. Louie Glampapa, 4921 Marion Avenue, cypress, said that the majority Of people in the City benefit from the revenue that the Shaw warehouse and other projects will generate. The Shaw warehouse probably has more conditions on it than any other project In the City. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-9 AND VARIANCE NO. 95-5. CONSTRUCT SINGLE-FAMILY RESIDENCE, 8721 ACACIA DRIVE, CYPRESS: Mayor Age opened the pUblic hearing. The City Manager called upon the community Development Director to summarize the staff report dated JUly 13,1995, which represented a request to construct a two story, single-family residence which included a 1,440 square foot, four (4) car garage with recreational vehicle parKing. The square footage of the lot is 28,500 square feet. The proposed structure is mediterranean architecture which offers a clay tile roof, arched windows and stucco facade. The development meets the reqUired parKing, landscaping and architectural design for the zone. As a result of the balcony being located in the rear yard, a conditional use permit is required. A variance Is required for the three foot encroachment of the first story into the required side yard setback and the extension of the depth of the balcony by four feet. Because the second story side yard setback is recess over 13 feet and the conditions of approval will require that landscaping be installed along the south property line, the proposal should not have a negative impact on the surrOunding properties in the area. In accordance with the California Environmental Quality Act, a categorical Exemption will be filed for this project. Notices of the publiC hearing were mailed to all property owners within a 300 foot radius. To date, the Community Development Department has not received written or oral comment. MS. Maria Dantema, 17924 Pioneer Blvd., Artesla, stated they are looking forward to building their dream house. Mayor Age asKed if anyone wished to speaK in support of or In opposition to the project. No one spoKe. It was moved by Council member Bowman and seconded by Council member Carroll to close the pUblic hearing and adopt Resolutions by title only, titles as fOllOW, approving CUP No. 95"9 and granting Variance NO. 95"5. RESOLUTION NO. 4521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-9 - WITH CONDITIONS. 7 ( 8 CITY COUNCIL MINUTES August 14,1995 RESOLUTION NO. 4522 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 ENCROACHMENT OF THREE (3) FEET INTO THE SIDE YARD SETBACK AND A BALCONY THE EXTENSION OF FOUR FEET TO TEN FEET IN ONE DIRECTION - VARIANCE NO. 95-5. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-11, OFFICEIWAREHOUSE/DISTRIBUTION SPEC. BUILDING, 11261 WARLAND DRIVE, CYPRESS: The Mayor declared the public hearing open. The City Manager asKed the community Development Director to present the staff report dated July 28,1995, which represented a request to construct a 181,924 square foot multi-tenant office/warehouse/distribution spec building on the property located at 11261 Warland Drive. The Director read into the record the names of people that have submitted communications regarding this project. Wild Ish and Nlalis, attorneys for Citizens Association for the Sensible Development of Warland Center, submitted comments and objections on Conditional Use Permit No. 95-11. A phone call from Mrs. Susan Eldridge asKing If the trucKing activity will be restricted the same as for Diamond Sports. A communication from Kathy L. Simcox expressing concerns about CUP No. 95-11; from Bob Pepper requested that no new CUPS In Area 1 be approved until a full and comprehensive environmental Impact report (EIRI is completed; from Kay Pepper not to approve the project or any new building without an EIR; from wayne and Gall Comeau opposing any trucKing warehouses on the property northwest of orangewood and valley View; from Beverly and Dale peloquin objecting to any CUP for future truck warehouses in the area bounded by Katella Avenue, valley View street and orangewood Avenue.. A request to reject the negative declaration for the Distribution Center and the associated CUP and demand completion of a full and impartial EIR for Planning Area 1 from Regan Smith; from Mike Grltchen a request for consideration of an EIR; from Anthony L. Smith an objection to the proposed CUP requesting rejection of the permit denying the negative declaration and requesting preparation of a full, complete and Impartial EIR. The Community Development Director continued with the review of the staff report stating that a conditional use permit was required for the proposed "distribution" use of the building. The proposed project meets all development codes and standards set forth in the Cypress zoning Ordinance, as well as the warland/Cypress Business Center specific Plan. The proposed project is also consistent with the goals and policies set forth in the Cypress General Plan and the warland/cypress Business Center Specific Plan. In accordance with the requirements of the california Environmental Quality Act, an Initial StUdY and Mitigated Negative Declaration have been prepared for this project. In addition, a finding of de Minimis Impact will also be flied for this project. Notices of the public hearing were published, posted and mailed to all property owners within a 300-foot radius of the subject property. In addition, both the City of Garden Grove and Los Alamltos have been notified of this project and, to date, staff had not received any comments regarding the project. StUdies on traffic and noise were done for this project. Also present were the environmental consultants who prepared the negative declaration. The applicant had informed staff that no speCific tenants are proposed for this location at this time. In the event a tenant exceeds what Is approved under the permit, staff has Included Condition No. 24. Mr. Steve sasaki, weston pringle & Associates, will be sitting in on behalf of staff as well as answering questions as the consultant. Mr. SasaKi provided a brief statement of his qualifications and then summarized the traffic study that was prepared for the project. He stressed that the analyses do include development of the Business Park area, address projects that have been previously approved and also include analyses for projects that may be built in the future. He referred to the traffic stUdy and the current project Is noted to project 900 trip ends per day and based on the cumulative traffic analyses, the proposed project Is anticipated to generate less traffic than what was previously anticipated. Mr. Fred Greve, Mestre Greve Associates, provided an overview of his background and advised that they had conducted the noise stUdY for this particular project. They relied heavily on the traffic for their analysis, and this project would generate about 900 vehicles per day, 13% of which would be trucks with 117 trucKs per day occurring 8 I I L. ( 9 CITY COUNCIL MINUTES August 14,1995 between the hours of 7 a.m. and 7 p.m. The trucKs would be routed up Warland Drive onto Katella Avenue. The three areas of noise impact studied were construction, loading dock activity and truck traffic on public roadways. Mr. Dwayne Mears, principle of the Planning Center said that he served as project director and Is responsible for the analysis and conclusions In the Initial study, incorporating the traffic and noise studies. He noted the checklist used which Is a series of environmental questions designed to assure that every issue Is addressed. Another document prepared was the mitigation monitoring program listing all Of the mitigation measures Identifying responsibilities. The Community Development Director summarized the project by advising that upon a review of the reports and information from the consultants, staff made their recommendations. Council member Bowman asked if there was a weight given to truck traffic vs. vehicle traffic. Mr. sasaKI responded that there was In this case because the amount of traffic related to this particular project vs. all of the surrounding areas and being situated on two routes designated to carry trucks. Since the specifics of the project are unknown, higher rates were used. After further discussion on traffic studies and fees, the City Manager advised that Cypress not only collects a local traffic fee but have also developed a regional fee which Is being put Into a fund. There continued to be an Interchange of questions and answers on the traffic and environmental studies between the Council, Mr. sasaki and Mr. Greve. After some discussion on Condition No. 69, the condition was changed to read, "In general, construction trucks shall be...." Council member Kerry referred to the communications received and asked Dwayne Mears to clarify some of those questions on air pollution. Mr. Mears referred to the South Coast Air Quality Management (SCAQM) handbooK which provided a comparison between those thresholds and the emissions on the project and the Kind of analysis they are asking for Is In the report. There are options available in the reports to insure that the monitoring is being done. Mr. Brian Harvey, Cypress Land company, 2203 E. Carson street, Suite A-1, Long Beach, stated that had asked the Planning Department for a worst case scenario environmental impact report. He then spoke about the design and architecture of the building. Mr. MarK Armbruster, attorney for Cypress Land company, commented that they strongly believe that there are no significant environmental Impacts created by this project. He has reviewed some of the correspondence received by the City, particularly from Messrs. Wild Ish and Nlalls. The letter appears to have the same general comments that were made for other projects In the past and not specific to this project. There will be no refrigerated trucks with this project. The City requirements are actually stricter than those of the orange county Transportation Authority. The project is consistent with the Development Agreement, the Specific Plan and the General Plan. Councilmember Bowman asked that "no refrigerated trucks" be added to Condition NO. 24 and Mr. Harvey agreed. Mayor Age asked If anyone wished to speaK In favor of the project. Dr. BucK approached the pOdium and Mayor Age, after asKing several times, stated she would assume he was for the project because he was speaKing at this time. Dr. Alan Buck, 6013 Nauru, Cypress, said that he was trying to point out the misstatements, errors and omissions In the environmental documentation that has been filed for this project so far. He questioned the amount of acreage In Parcel 1, Planning Areas 2 and 3; water quality; flooding; traffic studies and congestion; hazardous materials from the Los Alamltos Air Base; contaminated solis; Impacts upon communications from electromagnetic fields from the buildings and sewage systems. He then proceeded through the report noting various areas where he was In disagreement. He stated that at best there Is a caveat needed In the contracts that the City should be held harmless in the event that contaminated materials are found under these properties and the developer then has to pay for the cleanup costs. 9 fa /,.., . CITY COUNCIL MINUTES August 14,1995 Councllmember Carroll asked Dr. Buck to provide three to five most salient points of his discussion so they could be addressed. Dr. Buck mentioned the possibility of contaminated solis, underestimation of the amount of traffic, and the traffic related to noise. Mayor Age recommended that all the questions be taKen and then answered at one time. NO one wished to speak In support of the project. Mayor Age asked If anyone wished to speak In opposition to the project. Ms. Mary crowder, 6881 Reef ton Avenue, Cypress, said that before any more building Is done, another look should be taken at police protection because there are not enough officers to cover the City now. Ms. Regan smith, 6033 Trinidad Avenue, Cypress, stated she realized her arguments would be futile but voiced her concerns and asked that the Negative Declaration and associated conditional use permit be rejected and demanded a full and Impartial EIR for Planning Area 1. She asked the City Council to reject any approval of this project based on a Negative Declaration and then cited the reasons. Mr. Mike Grltchen, 11619 Malden street, Cypress, expressed his confusion on the traffic study and asked what rate was used to determine the level of traffic for this project. He believed the whole process was flawed, needed revision and further consideration by staff and the City Council. He then went on record by demanding a new EIR for the entire area to see the cumulative effect on the region with reference to noise traffic, Pollution, soli contamination and every other aspect of what an ErR would address. Mr. Bob pepper, 6273 Trinidad Avenue, Cypress, stated, for the record, that he was not against development In the City nor was he anti-development. He expressed concerns about quality of life, property values and air and noise pollution. His opinion was that the people of the City are the Council's first consideration, not raising money. He strongly urged the Council to demand a complete and Impartial EIR, before any additional projects are approved. That's what they've been asking for and that's what they deserve. Ms. Viki conde, 11301 Anegada street, Cypress, expressed her opposition to the proposed project. She recommended that the City Council review the 1984 Planning Area 1 specific Plan objectives and she continued to oppose a Negative Declaration and Insisted on an EIR that will bring development Into compliance with today's environmental requirements. MS. Kitty Grltchen, 11619 Malden street, Cypress, said she was not anti-business or anti- development. She questioned the type of development and how It continued to be approved. She urged that before additional warehouse and distribution centers are approved In that area, the City conduct a new comprehensive and Impartial EIR. Mr. Brian Black, 11382 Anegada street, Cypress, asked the City Council to delay a vote on the proposed project until a complete and comprehensive EIR has been complied. He urged the Council to listen to the residents and do the right thing. Mr. Bill sanchez, no address given, Cypress, asked why a complete and comprehensive EIR was not done since 1984. He requested that a full and comprehensive EIR be done on the entire area. Mr. Tony smith, 6033 Trinidad Avenue, Cypress, remarked that It was apparent that the concerns, viewpoints and priorities of the Cypress residents are set aside by the Council in favor of outside business developers. He strongly objected to the proposed CUP No. 95-11 for the construction of another mega-warehouse, demanded the Council reject the permit for this project and deny the Negative Declaration. He then provided his reasons, Including errors and omissions In the studies, for his objections and urged the Council to reject the recommendation to approve the Negative Declaration, reject the request for Conditional Use Permit NO. 95-11, and demand that a full and Impartial updated EIR be performed on Planning Area 1 before any additional projects are approved for construction In that area. 10 ( 1 1 CITY COUNCIL MINUTES August 14, 1995 Mr. Don wesllng, 11431 Anegada street, Cypress, commented that the Council did not listen to the people. This entire situation could have been avoided If the Council would have continued the hearing on the Shaw warehouse for an additional two weeks. Dr. Buck stated that he had the critique of the Initial study and $100,000 for an EIR would not be quality work. The same traffic study has been used time and time again. MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, apologized to the people In the audience that were present and had to listen to this. One of her major concerns was that CUP No. 95-11 was for a spec warehouse and she asked when the cumulative effect of more warehouses and trucks would be addressed. The City needs a new EIR and 550,000 to 5100,000 would be money well spent. She reqUested that the Council reject CUP No. 95-11 until a full and complete EIR can be done on the entire property. No one else wished to speak In support of or opposition to the project. Mayor Age advised that there would be no further public comment after the recess, the applicants will have an opportunity to rebut and then the Council will vote. RECESS: Mayor Age recessed the meeting at 10:45 p.m. and reconvened at 11:12 p.m. with all Council members present except Council member Jones. Responding to Mayor Age, the Community Development Director would recommend a continuance to allow the consultants time to answer all the questions posed during the meeting. Mr. Mark Armbruster, representing Cypress Land, advised that the entire property was planned, zoned, and has had agreements for this type of development specifically for many years. The amount of studies done on this property and planning area, the entire Business park, are more extensive than any City he knows. There has not been any piecemeal development and cumulative Impacts have been analyzed extensively. He stated that he was appalled by what he heard tonight. This project falls within the guidelines of the settlement agreement for projects that the citizens group says they will not litigate with them, the City or any affiliated parties. He wondered what was different about tonight'S project from the Diamond Sports project where an EIR wasn't needed for that project but was for this one and he urged the Council's approval of the project. It was moved by Council member Carroll and seconded by Councilmember Bowman to close the public hearing and continue this Item to the Council meeting of AugUst 28, 1995. Council member Bowman asked the environmental consultant to check a new prOduct being developed by Englehart Industries In New Jersey called "Premalr" designed to reduce the pOllutants in the air and provide that Information at the next meeting also. Responding to Councllmember Kerry's question on Dr. Buck's letter regarding supposed criminal conduct, the City Attorney advised that letter had been sent to the State environmental office. He emphasized that when criminal conduct Is alleged against certain Individuals and submitted to the District Attorney, those grounds must be reasonable for them to Investigate. The motion unanimouSly carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones Mayor Age reiterated that at the next City Council meeting there will be no pUblic comment. CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 95-37, CORPORATE HEADQUARTERS BUILDING FOR BANDAI AMERICA. 5551 KATELLA AVENUE, CYPRESS: The City Manager asked the community Development Director to summarize the staff report dated JUly 28,1995, which represented a request to construct a 57,125 square foot corporate headquarters facility for Bandal America on the property located at 5551 Katella Avenue In the PC-3 Business Park Zone. Included with the application was a request for a minor adjustment In the required landscape setbacks for Katella Avenue and Walker Street. The proposed project meets all development codes and standards set forth In the McDonnell Center specific Plan with the exception of the landscape setbacks on Katella Avenue and Walker Street. In accordance with the requirements of the California Environmental Quality Act, an Initial StUdy and Mitigated Negative 11 '..Jc~'.L ___.~ ...",-,-.: . ,''':' _c-'.'_"~ ~~...c.._.-'---_.__._~'~~_~,_.__~__~'__.-'--.. '-"---',~,~,,'----'----~-~-~,'----"'--'----'- 12 CITY COUNCIL MINUTES August 14,1995 Declaration have been flied for this project. In addition, a finding of de Minimis Impact will also be flied. The applicant has provided colored renderings and a model of the proposed building. Responding to Council member Carroll as to why this project does not require a public hearing, the community Development Director explained that It was due to the type of use. Mr. Randy Gustafson, Attorney for Bandal American, Inc., mentioned Richard Martin, the project manager for TaKenaka and sammy Placell, Director of Human Resources for Bandal, and thanked the Council for considering their project. Bandai does look forward to coming to Cypress. Due to the lateness of the hour, It was moved by Councilmember Kerry and seconded by Council member Bowman to continue the City Council meeting beyond the hour of 11:30 p.m. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones It was moved by Councllmember Bowman and seconded by Council member Kerry to: 1. Adopt a finding of de Minimis Impact, approve the Negative Declaration and direct staff to file a Notice of Determination and de Minimis Impact Exemption; and 2. Adopt the Resolution approving Design Review Committee NO. 95-37, subject to conditions. RESOLUTION NO. 4523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-37 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF A PRELIMINARY PROJECT REVIEW FOR A REQUEST BY COTTONWOOD CHRISTIAN CENTER TO CONSTRUCT A CHURCH FACILITY ON THE PROPERTY LOCATED AT THE WEST SIDE OF WALKER STREET. NORTH OF KATELLA AVENUE AND SOUTH OF THE RAILROAD TRACKS: The City Manager requested the community Development Director present the staff report dated July 28, 1995, which Indicated that the City Council had determined that proposals regarding the location of church and school uses In commercial and business park zones would be considered on a case-by-case basis. The subject proposal for a church use Is being presented to the City Council during the preliminary project review stage for Information and comments. No formal project application has been flied at this time; therefore, upon review and discussion regarding the policy Issues identified, staff recommended the City Council direct staff as to whether to proceed with the analysis Identified In the report. It should be noted that the scope of work Is significant, requiring preparation of new specific Plan text, preparation of new environmental documentation, completion of a staff analysis and the noticing and conducting of a public hearing. The analysis by the Finance Director Indicated that there could be a net loss of current revenues of 5133,691 and a potential Business ParK revenue totaling approximately 5434,389. In addition to the subject preliminary proposal, staff has also been contacted regarding preliminary proposals by the Brethren Christian Schools, First Church of the Nazarene and the Grace Church regarding properties In the same vicinity. Mr. Chris Bardls, representing the property owner, advised that the property Is getting too costly. The development agreement would allow uses currently In the PS zone, which Is churches and schools and It would also allow uses proposed by Cypress Development pursuant to a Specific Plan. He believed they were In conformance with the General Plan, the specific Plan and these types of uses are permissive In the existing 12 l~ . v '/-':;'13 CITY COUNCIL MINUTES August 14, 1995 zoning and they should go forward. He asKed the Council to do something and do it qUicKly. Councllmember Bowman stated that the problem the Council Is faced with Is the fiscalization of land. Another thing to be considered Is that the southwest corner of Cerritos and Walker is already approved for a church site. He recommended that this be brainstormed at a workshop rather than at a Council meeting. Mayor Age agreed that this be moved along and she asKed the community Development Director If a workshop should be conducted. The community Development Director stated that nothing has been done on this because no project has been filed and she explained the steps that needed to be taken. Several studies would have to be made and they would taKe from four to six weeKs. After some discussion, the Finance Director explained Attachment B-2 which was the financial impact analysis of Los Alamltos Race Track parcels. Mayor Age did not have a problem asKing the community Development Director to proceed with the analysis of the options on that property as a church site. The property owners need to Know If that is a viable plan and It needs to be expedited. Mr. Bardis would be willing to pay for the study on the environmental analysis, possibly the traffic studY and financial impact analysis If the proposed project was fast-tracKed. Councllmember Bowman commented that In order to expedite this certain studies need to be made and the Council Is going to have to maKe the decision regarding the economic impact. RECESS: Mayor Age recessed the meeting at 12:10 a.m. and reconvened at 12:20 a.m. with all Council members present except Council member Jones. The City Attorney advised that the process needs to be set forth the use of the property can be evaluated. Consultants need to be retained, studies will take between four to six weeKs to complete and then the information presented to the Council. Council can then make a determination if they want to change the specific Plan to accommodate the church uses. He emphasized that this was not permissive zoning; the zoning Is public/semi-public but church uses are allowed subject to a conditional use permit, which Is a discretionary permit. The City Manager advised that the total time frame would be three months assuming that action is taken at this time. The community Development Director reported that staff would be taking action on the plans they have, assuming that what is on file is what Is planned to be built. Council member Kerry remarKed that there are no guarantees for the first three months, but if there are concerns that Individual Council members have they should be given to staff for answers. Councilmember Carroll said he didn't believe that the Council could given any indication to the property owner as to the vote the Council will take. Council member Bowman stated that the Council needed to worKshop this and make a decision on whether or not they were going to allow this type of use on this property. It has to do with the economic impact and the Council needs to determine what the positive Influence is of churches and schools. After additional discussion as to what the studies would entail and how quickly a workShop could be held, It was a consensus of the Council to conduct a workshop at 9 a.m. on Thursday, August 17. Council member Bowman asKed the applicants for any suggestions with the understanding that one of the problems is the potential loss of revenue to the community regarding sales and property tax potential. It was moved by Council member Bowman and seconded by Councllmember Kerry to continue this Item to 9:00 a.m., Thursday, August 17,1995. The motion unanimously carried by the following roll call vote: 13 ~j 4 CITY COUNCIL MINUTES AYES: NOES: ABSENT: August 14,1995 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF A PRELIMINARY PROJECT REVIEW FOR A REQUEST BY BRETHREN CHRISTIAN SCHOOLS TO CONSTRUCT A JUNIOR HIGH SCHOOL CAMPUS ON THE PROPERTY LOCATED AT THE WEST SIDE OF WALKER STREET, SOUTH OF CERRITOS AVENUE AND NORTH OF THE RAILROAD TRACKS: The staff report dated August 9,1995 Indicated that due to the several POliCY Issues Involved In this project review, the proposal for a school use Is being presented to the City council for Information and comments. Staff Is looking for direction as to whether to Initiate studies regarding consistency of the proposed use with the Cypress General Plan, the Cypress Business and Professional Center Specific Plan and Environmental Impact Report, the Development Agreement and the Redevelopment Plan. No formal project application had been flied; therefore, upon Identification of the Issues, staff recommended the City Council direct them as to whether to proceed with the analysis as outlined In the report. Mr. Dennis Brown, Superintendent of the Greater Long Beach Christian SChools, advised that Brethren Christian has been a member of the Cypress community for almost six years. They plan to place a junior high school on this property, committing two fields for community use, when available, relocatlble modular units and they are looking forward to a long term relationship. Mr. Bardls Introduced Reverend Bayless Connolly, pastor of the Cottonwood Church. Rev. connolly remarKed that they started from humble beginning, have grown to a congregation of approxlmatelv 3,000 members and they have had a positive Impact on their community. They do bring business Into the City with all of the people that attend the church. It was moved by Council member Bowman and seconded by Council member Kerry to continue this item to the workshop session on Thursday, August 17,1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF DISCUSSION ON THE ROSE INSTITUTE STUDY: It was moved by Councllmember Kerry and seconded by Councilmember Carroll to continue this Item to the Council meeting of August 28, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF DISCUSSION OF ELECTRICAL OUTLETS FOR THE CIVIC CENTER GREEN AREA: It was moved by Council member Carroll and seconded by Councllmember Kerry to continue this Item to the Council meeting of August 28, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 16380 -16633: It was moved by Council member Carroll and seconded by Councllmember Kerry to approve the Warrants No. 16380 through 16633 In the amount of $1,094,204.84. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mayor Age responded to some comments made earlier In the meeting by Dr. Buck by explaining that Council positions are part-time and do not work In an Office. She comes 14 /S' CITY COUNCIL MINUTES August 14, 1995 in periodically to sign documents. Regarding campaign funds, it Is not a City expense, it is money vOluntarily contributed to her campaign. Mayor Age addressed the crude sign on valley View south of Katella, which stated, "You are witnessing the rape of Cypress" and she understood that sign has now been removed. I The Mayor reported on the success of the Cypress Business Breakfast and thanked the Los Alamltos Race Track, who partially sponsored the event, staff and the Cypress Chamber of Commerce. The City Manager advised that he had received several very positive calls from the business community on the breakfast. Responding to Mayor Age's query regarding the possibility of using the agenda item Oral Communications for Clarification of Matters on the Agenda for any further Input on the Cypress Land item, the City Attorney replied that it was only for clarification and not a forum on a position. Council member Kerry mentioned the very successful POPS concert held last saturday evening. Council member Bowman stated that the newsracks In front of the post office, for the most part, are gone. At this time, Mayor Age excused staff. Ms. Kathy Simcox advised Council member Bowman that she had a copy of the original post office application for a permit and the altered application. She then addressed Briggeman Disposal $2.00 fee for the trash containers, the 20 year franchise agreement and requested answers to her questions. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 1:05 a.m. to Thursday, August 17, 1995 at 9:00 a.m. in the Administrative Conference Room. ATTEST: ,~ . ((l~ -' CITY L ~~ CITY~ CYPRESS 15