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Minutes 95-08-28 20 CITY COUNCIL MINUTES August 28, 1995 CONSIDERATION OF RENEWAL OF CITY-WIDE CONCRETE REMOVAL AND REPLACEMENT CONTRACT WITH TERRY CONSTRUCTION: The City Manager asked the Public Works Director to review the staff report dated August 18, 1995, which indicated that the Council had approved a three year agreement, renewable annually with Terry Construction, to provide City-wide concrete removal and replacement. The cost Increases are due primarily to the cost of concrete and tree root removal. The 1995-96 bUdgeted amount for concrete removal and replacement is $150,000. The contract costs are limited to said amount. It was moved by Council member Bowman and seconded by Council member Carroll to renew the existing concrete removal and replacement contract with Terry construction, 9757 7th street, Suite 805, Rancho Cucamonga, California 91730, for year two beginning september 1,1995 and terminating August 31,1996. 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 requested that Item NO.4, City Council Minutes of August 14, 1995; Item NO.7, proclaiming October 1995 as "Escrow Month" and Item No.8, proclaiming October 1995 as "Independent Living Month" be removed. Mayor Age asked that Item No. 10, Newsrack Permit Ordinance be pulled. It was moved by Councllmember Bowman and seconded by Council member Carroll to approve the Consent Calendar Items NO.4 through 10, with the exception of Items NO.4, 7,8 and 10. 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.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: Consideration of proclaiming September 24,1995, as "Race for the Cure Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim september 24, 1995 as "Race for the Cure Day" in the City of Cypress. Item NO.9: Consideration of Appointments to the 1995-96 Youth Commission. Recommendation: That the City Council ratify the recommendations by the Recreation and Community Services Commission for the 1995-96 Youth Commission as outlined in the report. END OF CONSENT CALENDAR Regarding the Minutes of AugUst 14, 1995, Councllmember Carroll referred to the Item under Oral Communications addressing the left turn signal at Knott and Cerritos Avenues. He wondered If this was an appropriate tasK for the Traffic Commission and he encouraged staff to work with the City of Stanton. The PUblic Works Director reported that the design Is ready, but Stanton is short $50,000; however, Indications are that they should be able to get the money this year. The City of Cypress does not have any part of that Intersection. The City Manager would send a letter to the City of Stanton encouraging the Installation of the left turn signal. The City Manager made a correction to the time the meeting convened, which should read 4:30 p.m. rather than 5:30 p.m. 2 1__, 19 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AugUst 28, 1995 The Regular Meeting of the Cypress City Council was called to order at 5:32 p.m. on Monday, AugUst 28, 1995, in the Council Chamber, 5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Council members Bowman, Carroll, Kerry and Age Council member Jones Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Christoffels, Decarlo, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. No one spoke. CONSIDERATION OF AWARD OF CONTRACT FOR UPDATE OF CITY AERIAL PHOTOGRAPHS: The PUblic Works Director presented the community Development staff report dated JUly 31,1995, which requested an update of the aerial photographs of the City. The photographs are used for research, site analysis, meetings with developers and as an Informational tool for the general public. The City has updated the aerials every five years In order to keep up with development. For the record, the Public WorKs Director added the address of the low bidder, I.K. Curtis, at 2919 Empire Avenue, Burbank, CA 91504. Council member Carroll said that the aerial photos were nice but they didn't appear to be essential and he was opposed to spending $8,000 for them at this time. It was moved by Councllmember Bowman to award the contract for the update of City aerial photographs to I.K. Curtis, 2919 Empire Avenue, BurbanK, CA 91504. Councllmember Kerry asked for some comments from the staff. The Public Works Director advised that the aerials are used extensivelY In reviewing project areas and he used Lincoln Avenue as an excellent example. They are also used in Engineering to keep track of pavement markings and signs. The motion was seconded by Councilmember Kerry and carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 1 COUNCILMEMBERS: carroll 1 COUNCILMEMBERS: Jones CONSIDERATION OF AWARD OF CONTRACT FOR A 24 HOUR LOGGING RECORDER: The City Manager requested the Police Chief to summarize the staff report dated AugUst 8, 1995, which Indicated that the City Council, at Its June 26, 1995 meeting, directed that this award of contract be subjected to the formal bid process. Subsequent to that process, this report seeks authorization to award the contract for the purchase of a 24 hour logging Stancil Centurion recorder and one year's equipment maintenance. The Chief made a correction to the account number which should read 4470-90-656-35. Council member carroll commended the Police Department for maintaining the integrity of the bidding process. It was moved by Council member Bowman and seconded by Council member Carroll to: 1. award the contract for the purchase of a Stancil Centurion machine to Pacific Arepco, 3195-B Airport LOOp Drive, Costa Mesa, California 92626, for a cost of $28,788.73; 2. authorize the expenditure of $28,788.73 to purchase this equipment from funds available In Account Number 4479-90-656-35; and 3. award the contract for the first year of equipment maintenance to Pacific Arepco at a cost of $1,000.00 with funds from Account No. 4161-90-642-05. 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 1 CITY COUNCIL MINUTES . "/21 August 28, 1995 It was moved by Council member Carroll and seconded by Council member Bowman to approve the Minutes of AugUst 14,1995, as amended. 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.7, Council member Carroll stated he did not believe the City should engage in proclaiming "Escrow Month." It was moved by Councllmember Bowman and seconded by Councllmember Kerry to proclaim the month of October 1995, as "Escrow Month" In the City of Cypress. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 1 COUNCILMEMBERS: Carroll 1 COUNCILMEMBERS: Jones With regard to Item No.8, Councllmember Carroll remarked that this proclamation was more of the same and It wasn't proper for the City to engage In this kind of activity proclaiming the month of October as "Independent Living Month." Mayor Age mentioned If stopping all proclamations was justified and POSSibly there should be parameters set. Council member Carroll would be in favor of either setting parameters or excluding all proclamations. It was moved by Council member Kerry and seconded by Councllmember Bowman to proclaim October 1995 as "Independent living Month" In the City of Cypress. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 1 COUNCILMEMBERS: carroll 1 COUNCILMEMBERS: Jones Regarding Item No. 10, City'S Newsrack permit Ordinance, Mayor Age suggested that this Item be deferred until the 7:30 p.m. agenda. Councilmember Bowman recommended that It be placed on the 7:30 p.m. Agenda because It was of concern to many people. It was moved by Council member Bowman and seconded by Councilmember carroll to place Consideration of Status Report on the City'S Newsrack Permit Ordinance as Item No. 15A on the 7:30 Council Agenda. 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 5:45 p.m. to allow the Council to enter Into a Closed Session to discuss those agendlzed Items of: liability claims IGovernment Code section 54956.95) Hlen V. Huynh vs. City of Cypress; Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9Ia) orange county Superior Court case No. 751524, Darrell Essex vs. Cypress Recall Committee and Citizens Association for Sensible Development; and Public Employee Performance Evaluation (Government Code Section 54957) City Attorney. The meeting reconvened at 7:35 p.m. with all Councllmembers present except Council member Jones. Also present were the City Manager/City Clerk, City Attorney and staff members Bacock, Chrlstoffels, DeCarlo, Kelly and storey. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councllmember Kerry. PRESENTATIONS: Mayor Age presented the "Award of Financial Reporting Achievement" to Richard M. Storey, Finance Director, and the "Certificate of AChievement for Excellence In Financial Reporting" to the City of Cypress, for the Fiscal Year Ended June 30, 1994, from the Government Finance Officers Association of the United states and Canada. The Finance Director advised that this was the 10th consecutive year that the City has been given this award. There was a presentation by Mayor Age of Certificates of Special Recognition to Members of the Cypress Girls Softball 10 and Under All stars Team -1995 Western Regional Amateur Softball Association "B" Champions. 3 CITY COUNCIL MINUTES . "/2 f AugUst 28,1995 It was moved by Councllmember Carroll and seconded by Councllmember Bowman to approve the Minutes of August 14, 1995, as amended. 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.7, Councllmember carroll stated he did not believe the City should engage In proclaiming "Escrow Month." It was moved by Councllmember Bowman and seconded by Councllmember Kerry to proclaim the month of October 1995, as "Escrow Month" In the City of Cypress. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 1 COUNCILMEMBERS: Carroll 1 COUNCILMEMBERS: Jones With regard to Item No.8, Council member Carroll remarked that this proclamation was more of the same and It wasn't proper for the City to engage In this kind of activity proclaiming the month of October as "Independent Living Month." Mayor Age mentioned If stopping all proclamations was justified and possibly there should be parameters set. Councllmember Carroll would be in favor of either setting parameters or excluding all proclamations. It was moved by Council member Kerry and seconded by Councllmember Bowman to proclaim October 1995 as "Independent Living Month" In the City of Cypress. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 1 COUNCILMEMBERS: carroll 1 COUNCILMEMBERS: Jones Regarding Item NO. 10, City'S Newsrack permit ordinance, Mayor Age suggested that this Item be deferred until the 7:30 p.m. agenda. Councllmember Bowman recommended that It be placed on the 7:30 p.m. Agenda because It was of concern to many people. It was moved by Councllmember Bowman and seconded by Councllmember carroll to place Consideration of status Report on the City's Newsrack permit Ordinance as Item NO. 15A on the 7:30 Council Agenda. 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 5:45 p.m. to allow the Council to enter Into a Closed Session to discuss those agendlzed Items of: liability claims (Government Code Section 54956.95) Hlen V. HUynh vs. City of Cypress; Conference with Legal Counsel - Existing litigation (Government Code section 54956.91al Orange county superior Court Case No. 751524, Darrell Essex vs. Cypress Recall Committee and Citizens Association for Sensible Development; and PUblic Employee Performance Evaluation IGovernment Code Section 54957) City Attorney. The meeting reconvened at 7:35 p.m. with all Council members present except Councllmember Jones. Also present were the City Manager/City Clerk, City Attorney and staff members BacocK, Chrlstoffels, DeCarlo, Kelly and storey. 7:30 P.M. SESSION: PRESENTATIONS: PLEDGE OF ALLEGIANCE: The Pledge was led by Councllmember Kerry. Mayor Age presented the "Award of Financial Reporting Achievement" to Richard M. storey, Finance Director, and the "Certificate of Achievement for Excellence in Financial Reporting" to the City of Cypress, for the Fiscal Year Ended June 30, 1994, from the Government Finance Officers Association of the united States and canada. The Finance Director advised that this was the 10th consecutive year that the City has been given this award. There was a presentation by Mayor Age of Certificates of Special Recognition to Members of the Cypress Girls Softball 10 and Under All Stars Team - 1995 Western Regional Amateur Softball Association "B" Champions. 3 CITY COUNCIL MINUTES August 28,1995 Mr. Bob Pepper, 6273 Trinidad Avenue, Cypress, commented on the settlement of the lawsuit with Cypress Land company. He had several meetings with Mr. Brian Harvey of Cypress Land and they agreed to settle and not go to court. He stated he was one of the negotiators and anything that Is said by anyone other than himself or Mr. Harvey Is purely speculative. Ms. Vlkl Conde, 11301 Anegada street, Cypress, referred to the complaint of construction noise and Illegally parked vehicles. She also read a letter from peggy Kratka of Warland responding to the construction activity occurring after hOurs and the vandalism. Mayor Age suggested security guards be placed on the property. The City Manager said he understood that because of the sensitivity of the Issue, an officer has been assigned to patrol that area. Staff will be taking direct action on these concerns and will be getting back to the Council and the residents. Mr. Don Wesllng, 11431 Anegada street, Cypress, said Mr. Kernes assured him he had not been contacted by the Public Works Director. He then distributed and read a newspaper article from the L.A. Times on exhaust particles linked to deaths. Ms. Regan Smith, 6033 Trinidad Avenue, Cypress, said that the Cypress taxpayers should not have to pay for patrolling the Shaw development. It Is not the residents' jOb to watch the Warland property In case there Is vandalism and It certainlY Isn't the Cypress Police Department's jOb to patrol the area. It Is the Council's job to enforce the condItions placed on the use permit. Ms. Mary Crowder, 6881 Reefton Avenue, Cypress, spoKe about the lacK of police officers and suggested Warland take care of their own security. MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, reported that she had driven down Warland Drive and encountered two trailers without tractors parked on the Island In the middle of Warland Drive making It Impossible for any emergency vehicles to pass through that street. Staff assured the residents that a 109 was being Kept and Infractions recorded. She remarked that she does not have the written answers to her questions and asked where they were. The Mayor said the responses are coming. Ms. Simcox referred to the post office permit application taKen out by Council member Bowman. Mayor Age clarified that during Oral Communications at the end of the meeting, it has been a unanimous Council decision to dismiss staff at that time. Mayor Age asked the City Manager to contact the postmaster and Invite her to attend a Council meeting to explain exactly what happened. If she chooses not to attend, obtain a written statement from her. The City Manager agreed. Mr. perez, 6711 Forest street, Cypress, took Issue with the people because they disagree with some of Council's actions and Intimidated other citizens. He expressed opposition to spending taxpayers money on a recall election. The money should be used for youth or senior citizen activIties. He commended the Council because they didn't get paid to put up with all this nonsense. Ms. Ingrid Kline, 6163 Trinidad Avenue, cypress, stated that when the citizens have a problem they should be able to confront their elected offIcials and tell them their problems. The people wanted to be heard and the Council obstructed the process. If the Council doesn't taKe care of the problem when the Shaw facility is not yet built, how will the Council taKe care of the problems when It Is built. Council member carroll advised that he had served on the Citizens Fiscal AdVisory Committee and recommended some changes that he thought would streamline the Police organization. Four more officers and a large Increase In the budget have been authorized for the police Department. He believed In a strong Police force, he hoped there were more citizens who really wanted to support the force and the first function of a City government was public safety. Councllmember Bowman advised that, for business reasons, he has found it necessary to resign from some of the committees he serves on, such as, the Southern California Association of Governments (SCAGl, vice-Chairperson of the Land Use and Implementation committee, Chairperson of the Permit Streamlining Committee for SCAG, the orange County Regional Planning Council and the orange county Airport Land Use Commission. Resignation from this committees will allow him additional time to 5 , " 23 24 CITY COUNCIL MINUTES AugUst 28, 1995 devote to his increased business activity and to the recall election. He felt It was very important for the community that none of the present Councilmembers be recalled. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. NO one wished to speak. Ms. Kathy Simcox mentioned that something happened at the last meeting that was unusual so she asked for clarification regarding Item No. 13 under Deferred Business. She read from the public Information pamphlet on publiC hearings and, according to what happened, the public hearing was closed and the matter was continued; therefore, due process was not followed. The City Attorney advised that when the public hearing Is closed, the Council has to take action but It was his understanding that the Council did not close the publiC hearing but only the public comment portion of the hearing. Ms. Kay Collins asKed If the citizens were gOing to be allowed to discuss Item No. 13. The City Attorney interrupted, advising that he had read the minutes and the publiC hearing had been closed and it would seem that the publiC hearing needs to be re-opened and include public comment portion. Councilmember Kerry asked for clarification of the process. The City Attorney stated that a motion was needed to reopen the publiC hearing and have the pUblic comment again. The Council can regulate the publiC comment so those Issues not stated before can be stated at the re-opened public hearing. The City Manager asKed for a recess. RECESS: Mayor Age recessed the meeting at 8:55 p.m. and reconvened the meeting at 9:15 p.m. with all Councilmembers present, except Councilmember Jones. Mayor Age asked the City Attorney to comment. The City Attorney referred to the minutes which indicated that the publiC hearing was closed by Council motion and the item continued for clarification by staff and the consultants. By law, a decision should have been made at that time so he Is requesting the matter be opened for a publiC hearing, which meant that it will have to be renotlced, a ten day pUblication period and the matter heard at the following Council meeting. The City Attorney recommended that the publiC comment periOd also be opened so interested residents will be able to discuss their views on the project before Council deliberation and action. The City Manager added that because of the consultants time schedules, the appropriate time for them to respond would be the september 25, 1995 meeting. Mayor Age stated that to make sure that everyone has had an opportunity to speak, public comments will be taken first, public comment closed, the consultants will report and the applicant will respond. Responding to Council member carroll, the City Attorney advised that the motion should have been to close the publiC comment and continue the public hearing. Mr. Tony Smith, 6033 Trinidad Avenue, Cypress, said that If the council wanted a full hearing on the matter, they would allow the citizens to comment and question and rebut some of the answers that the experts were going to provide. The Council appeared to want to prevent the people from commenting further. He asked Why the pUblic comment couldn't be continued after staff and the experts to follow up or rebut the answers to the questions raised. Councllmember Kerry advised that the Council has taken notes on the questions, they will be answered and it is not procedure to have the citizens return to rebut expert testimony. Council member Carroll said that the practice has been that people speaK in support of a project, then In OPposition to a project. The applicants rebut and there is not an opportunity for counter-rebuttal. He asKed the basis for the policy. The City Attorney advised that in the public hearing process staff, the applicant, people In support, those In opposition speak and then the applicant has the opportunity to rebut. The Item returns to Council for deliberation and a decision. What the law states is that there be due process and the reasonableness of due process Is determined by the Council as to testimony. The aforementioned process is used by the majority of the local agencies. 6 " 2: CITY COUNCIL MINUTES AugUst 28,1995 Dr. Alan Buck announced that he was not part of the recall committee nor Is he part of the citizens group that sued Shaw or Diamond sports. He doesn't like to see shOddy work stand up In a forum liKe this. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-13, REQUEST TO CONSTRUCT AN INDOOR SWIMMING POOL. 6021 ORANGE AVENUE, CYPRESS: Mayor Age opened the public hearing and the City Manager requested the community Development Director present the staff report dated AugUst 17,1995, which represented a request to construct a swimming pool Inside one of the stores in order to consolidate his retail portion of the scuba business with classes in how to use the scuba equipment. The proposed project has been determined to be categorically exempt, Section 15301 Class 1 In accordance with the California Environmental Quality Act. Notices of the public hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed conditional use permit. The use would cause no Increase In impacts beyond those anticipated when this retail space was originally constructed. Mr. Jim Hoffmann, 327 South Grand, Anaheim, said he has had this business In Cypress for 17 years and he needed to build an Indoor pool In order to be competitive. He felt the student load would be approximately seven to eight students at anyone time. Mayor Age asKed If anyone wished to speaK In support of or In OPposition to the application. No one spoKe. It was moved by Council member Bowman and seconded by Councllmember Kerry to close the public hearing, direct staff to file a Notice of Exemption and adopt a Resolution by title only, title as fOllows, approving Conditional Use Permit 95-13, subject to conditions. RESOLUTION NO. 4524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-13 - 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 PUBLIC HEARING RE: VARIANCE NO. 95-6. SATELLITE DISH ANTENNA, 9847 RAVARI DRIVE. CYPRESS: The publiC hearing was opened by Mayor Age. The community Development Director summarized the staff report dated August 23, 1995, which represented a request to allow the Installation of a satellite dish antenna closer than five feet from the property line; closer than ten feet from the house structure and higher than 15 feet, as limited by the Cypress Zoning Ordinance. The proposed satellite dish location meets all other zoning Ordinance provisions for antennas located In residential zones. The proposed satellite dish has been determined to be categorically exempt (Class 3), in accordance with the california Environmental Quality ACt. The applicants contend that the height and location of the proposed antenna are necessary to provide an adequate reception window through the existing two-story residential neighborhood. However, as of the date of this report, staff had not received written information from the satellite dish installer warranting the necessity of placing the antenna at the proposed location, which must be submitted for the record before staff can recommend approval of Variance No. 95-6, with conditions. In accordance with the california Environmental Quality Act, the proposed satellite dish project has been determined to be categoricallY exempt (Class 3) as an Installation of small new equipment or structures. ACCordingly, a Notice of Exemption will be filed for this project upon City Council approval. Notices of the public hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed variance. Ms. Ann Agajanian, 9847 Ravari Drive, Cypress, said that she has made numerous attempts to reach the Installer and he Is no longer in business. The dish was Installed over a year ago. 7 25 CITY COUNCIL MINUTES August 28, 1995 Dr. Alan Buck announced that he was not part of the recall committee nor Is he part of the citizens group that sued Shaw or Diamond Sports. He doesn't liKe to see shoddy work stand up In a forum liKe this. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-13. REQUEST TO CONSTRUCT AN INDOOR SWIMMING POOL. 6021 ORANGE AVENUE, CYPRESS: Mayor Age opened the public hearing and the City Manager requested the Community Development Director present the staff report dated August 17,1995, which represented a request to construct a swimming pool Inside one of the stores In order to consolidate his retail portion of the scuba business with classes In how to use the scuba eqUipment. The proposed project has been determined to be categorically exempt, Section 15301 Class 1 In accordance with the california Environmental QUality Act. Notices of the public hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed conditional use permit. The use would cause no Increase In Impacts beyond those anticipated when this retail space was originally constructed. Mr. Jim Hoffmann, 327 South Grand, Anaheim, said he has had this business In Cypress for 17 years and he needed to build an Indoor pool In order to be competitive. He felt the student load would be approximately seven to eight students at anyone time. Mayor Age asked If anyone wished to speak In support of or in opposition to the application. NO one spoke. It was moved by Council member Bowman and seconded by Councilmember Kerry to close the public hearing, direct staff to file a Notice of Exemption and adopt a Resolution by title only, title as follows, approving Conditional Use Permit 95-13, subject to conditions. RESOLUTION NO. 4524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-13 - 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 PUBLIC HEARING RE: VARIANCE NO. 95-6, SATELLITE DISH ANTENNA, 9847 RAVARI DRIVE, CYPRESS: The public hearing was opened by Mayor Age. The community Development Director summarized the staff report dated August 23, 1995, which represented a request to allow the installation of a satellite dish antenna closer than five feet from the property line; closer than ten feet from the house structure and higher than 15 feet, as limited by the Cypress zoning Ordinance. The proposed satellite dish location meets all other zoning Ordinance provisions for antennas located in residential zones. The proposed satellite dish has been determined to be categorically exempt (Class 3), in accordance with the california Environmental Quality Act. The applicants contend that the height and location of the proposed antenna are necessary to provide an adequate reception window through the existing two-story residential neighborhood. However, as of the date of this report, staff had not received written information from the satellite dish installer warranting the necessity of placing the antenna at the proposed location, which must be submitted for the record before staff can recommend approval of Variance No. 95-6, with conditions. In accordance with the California Environmental Quality Act, the proposed satellite dish project has been determined to be categorically exempt (Class 3) as an installation of small new equipment or structures. Accordingly, a Notice of Exemption will be filed for this project upon City Council approval. Notices of the public hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the SUbject parcel. To date, staff has not received any communication regarding the proposed variance. MS. Ann Agajanian, 9847 Ravari Drive, Cypress, said that she has made numerous attempts to reach the Installer and he Is no longer in business. The dish was Installed over a year ago. 7 25 CITY COUNCIL MINUTES August 28,1995 Dr. Alan Buck announced that he was not part of the recall committee nor is he part of the citizens group that sued Shaw or Diamond sports. He doesn't like to see shoddy worK stand up In a forum liKe this. CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-13, REQUEST TO CONSTRUCT AN INDOOR SWIMMING POOL, 6021 ORANGE AVENUE. CYPRESS: Mayor Age opened the public hearing and the City Manager requested the Community Development Director present the staff report dated August 17,1995, which represented a request to construct a swimming pOOl Inside one Of the stores In order to consolidate his retail portion of the scuba business with classes in how to use the scuba equipment. The proposed project has been determined to be categorically exempt, Section 15301 Class 1 In accordance with the california Environmental Quality Act. Notices of the pUblic hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. TO date, staff has not received any communication regarding the proposed conditional use permit. The use would cause no Increase In impacts beyond those anticipated when this retail space was originally constructed. Mr. Jim HOffmann, 327 South Grand, Anaheim, said he has had this business In Cypress for 17 years and he needed to build an Indoor POOl In order to be competitive. He felt the student load would be approximatelY seven to eight students at anyone time. Mayor Age asked if anyone wished to speak In support of or in opposition to the application. No one spoke. It was moved by Councllmember Bowman and seconded by Council member Kerry to close the public hearing, direct staff to file a Notice of Exemption and adopt a Resolution by title onlY, title as fOllows, approving Conditional Use permit 95-13, subject to conditions. RESOLUTION NO. 4524 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 95-13 - 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 PUBLIC HEARING RE: VARIANCE NO. 95-6, SATELLITE DISH ANTENNA, 9847 RAVARI DRIVE, CYPRESS: The public hearing was opened by Mayor Age. The community Development Director summarized the staff report dated AUgUst 23, 1995, which represented a request to allow the Installation of a satellite dish antenna closer than five feet from the property line; closer than ten feet from the house structure and higher than 15 feet, as limited by the cypress zoning Ordinance. The proposed satellite dish location meets all other zoning Ordinance provisions for antennas located In residential zones. The proposed satellite dish has been determined to be categorically exempt (Class 3), In accordance with the California Environmental Quality Act. The applicants contend that the height and location of the proposed antenna are necessary to provide an adequate reception window through the existing two-story residential neighborhood. However, as of the date of this report, staff had not received written information from the satellite dish installer warranting the necessity of placing the antenna at the proposed location, which must be submitted for the record before staff can recommend approval of Variance NO. 95-6, with conditions. In accordance with the California Environmental Quality Act, the proposed satellite dish project has been determined to be categorically exempt (Class 3) as an installation of small new equipment or structures. ACCordingly, a Notice of Exemption will be filed for this project upon City Council approval. Notices of the PUblic hearing of this project were posted, published and mailed to all owners of property located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed variance. MS. Ann Agajanlan, 9847 Ravari Drive, Cypress, said that she has made numerous attempts to reach the installer and he Is no longer In business. The dish was Installed over a year ago. 7 ( . /27 CITY COUNCIL MINUTES August 28, 1995 Council then gave direction to staff on obtaining pictures, verification that other dishes have the same variance and the size of neighboring dishes. The community Development Director would bring pictures of all existing approvals and height and size. It was moved by Council member Kerry and seconded by Councilmember Bowman to continue this publiC hearing to the meeting of September 11, 1995. The motion unanimously carried by the following rOil call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT NO. 95-11, OFFICEIWAREHOUSE/DISTRIBUTION SPEC. BUILDING, 11261 WARLAND DRIVE, CYPRESS: Mayor Age asKed for a motion to renotice and continue this Item to the september 25,1995 meeting. The City Attorney clarified that the motion should be to renotlce to open the public hearing. It was moved by Councllmember Bowman and seconded by Councllmember Kerry to renotlce to open the publiC hearing on Conditional Use Permit No. 95-11, to be held on september 25, 1995. The public hearing will include public comment. 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 CONTINUATION OF CONSIDERATION OF DISCUSSION ON THE ROSE INSTITUTE STUDY: Council member Kerry had asKed that this Item be placed on the agenda. The City Manager referred to the staff report dated August 9,1995 to which was attached information from the Finance Director indicating material used by the Rose Institute and published in the orange county Register on July 19, 1995, did not use comparable figures between the cities. In the analysis the City made, taKing Into consideration the costs allocated, for example the City council, the more liKely comparison for Cypress would be $1.95 per capita as contrasted to the $4.58 per capita which was reported. Councllmember Kerry suggested encouraging the newspaper to publiSh corrected figures after the review and allow the cities to explain why the differences may occur In the various communities. It was moved by Council member Kerry to receive and file. This motion failed for lack of a second. Council member Bowman stated that he would like to see the Register print a correction. It was moved by Councilmember Carroll and seconded by Councllmember Bowman to direct the City Manager to write a letter to the Register with the correct figures and asking them to print them. 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 CONTINUATION OF CONSIDERATION OF ELECTRICAL OUTLETS FOR THE CIVIC CENTER GREEN AREA: Councilmember Carroll had asKed that this Item be placed on the agenda. He advised that It had been brought to his attention that there are no electrical outlets at the east edge of the Civic Center green and cords had to be run from the buildings. He asked the Director of Recreation and parks to explain the status and any requests for electrical outlets. Mr. Decarlo advised that 1995-96 budget proposal Initially asked for $20,000 In project costs for electrical upgrade to accommodate the concerts. It Is hoped that phase II would be accomplished next year which would be installing the electrical conduit for the snack bar. The public WorKs Director explained that the first phase was to get enough power out and the second phase would be to move the power underground to the east end of the green area. It was moved by Councilmember Bowman and seconded by Council member Carroll to receive and file the staff report. The motion unanimously carried by the following roll call vote: 9 ( . /27 CITY COUNCIL MINUTES August 28,1995 Council then gave direction to staff on obtaining pictures, verification that other dishes have the same variance and the size of neighboring dishes. The Community Development Director would bring pictures of all existing approvals and height and size. It was moved by council member Kerry and seconded by Council member Bowman to continue this publiC hearing to the meeting of september 11,1995. 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 CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT NO. 95-11, OFFICEIWAREHOUSE/DISTRIBUTION SPEC. BUILDING, 11261 WARLAND DRIVE, CYPRESS: Mayor Age asKed for a motion to renotice and continue this item to the september 25,1995 meeting. The City Attorney clarified that the motion should be to renotlce to open the public hearing. It was moved by Council member Bowman and seconded by Council member Kerry to renotice to open the publiC hearing on Conditional Use Permit No. 95-11, to be held on september 25,1995. The public hearing will include public comment. 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 CONTINUATION OF CONSIDERATION OF DISCUSSION ON THE ROSE INSTITUTE STUDY: Councilmember Kerry had asked that this item be placed on the agenda. The City Manager referred to the staff report dated August 9,1995 to which was attached information from the Finance Director indicating material used by the Rose Institute and published In the orange county Register on July 19,1995, did not use comparable figures between the cities. In the analysis the City made, taKing into consideration the costs allocated, for example the City Council, the more liKely comparison for Cypress would be $1.95 per capita as contrasted to the $4.58 per capita which was reported. Councilmember Kerry suggested encouraging the newspaper to publish corrected figures after the review and allow the cities to explain why the differences may occur In the various communities. It was moved by Council member Kerry to receive and file. This motion failed for lack of a second. Councjlmember Bowman stated that he would like to see the Register print a correction. It was moved by Council member Carroll and seconded by Council member Bowman to direct the City Manager to write a letter to the Register with the correct figures and asKing them to print them. 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 CONTINUATION OF CONSIDERATION OF ELECTRICAL OUTLETS FOR THE CIVIC CENTER GREEN AREA: Council member Carroll had asked that this Item be placed on the agenda. He advised that It had been brought to his attention that there are no electrical outlets at the east edge of the Civic center green and cords had to be run from the buildings. He asKed the Director of Recreation and ParKs to explain the status and any requests for electrical outlets. Mr. DeCarlo advised that 1995-96 budget proposal initiallY asKed for $20,000 in project costs for electrical upgrade to accommodate the concerts. It Is hoped that phase II would be accomplished next year which would be installing the electrical conduit for the snacK bar. The PUblic WorKs Director explained that the first phase was to get enough power out and the second phase would be to move the power underground to the east end of the green area. It was moved by Council member Bowman and seconded by Councilmember carroll to receive and file the staff report. The motion unanimously carried by the following roll call vote: 9 <' 28 CITY COUNCIL MINUTES August 28, 1995 AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, carroll, Kerry and Age o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Jones CONSIDERATION OF STATUS REPORT ON THE CITY'S NEWSRACK PERMIT ORDINANCE: Mayor Age advised that this Item had been removed from the Consent calendar to be discussed at this time. She referred to the staff report dated AugUst 21,1995 which provided the status of staff's progress on Implementing the City's Newsrack Ordinance. Staff was pleased to report that enforcement of the ordinance has resulted In a significant reduction In the number of newsracks located Immediately adjacent to each other In the public right-of-way. Council member Carroll voiced his support of the ordinance that contributed to the betterment Of Cypress. Council member Kerry said that she had been fighting the proliferation of these newsracks and a real problem In the community had been minimized. Council member Bowman commented that cities should have the same opportunity to regulate newsracks as they do various types of slgnage throughout the City. It was moved by Council member Bowman and seconded by Councllmember Kerry to receive and file the staff report. 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. 16634 -16823: It was moved by Councllmember Carroll and seconded by Councllmember Kerry to approve the warrants NO. 16634 through 16823 In the amount of $946,525.76. 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 RECESS: Mayor Age recessed the meeting at 10:25 p.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 10:35 p.m. with all Council members present, except Councllmember Jones. At this time, Mayor Age dismissed City Staff. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Council member Kerry responded to some Issues that had come up earlier on the fraudulent traffic stUdy. That argument had been raised In the lawsuits which have not been upheld In the courts. The citizens have not come up with any experts to refute those studies. She expressed disappointment that the citizens keep coming forward and saying that the Council does not listen to them. The Council has listened very carefully, at great length and have continued to do so at every meeting. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 10:40 p.m. ~.~ ~~~. . Y F THE CITY 0 RE~ ATTEST: t~~ CITY C'LE:f CITY 0 CYPRESS 10 c........::......Jl.........:..:..ct.'"-,