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Minutes 95-09-11 , , MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD september 11,1995 The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m. on MOnday, september 11, 1995, In the Council Chamber, 5275 orange Avenue, Cypress, Mayor Cecilia L. Age presiding. PRESENT: ABSENT: Council members Bowman, carroll, Jones, Kerry and Age None Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members BacocK, Chrlstoffels, Kelly, storey and Wicker ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. Ms. Helen SChwab, 16055 Ventura Blvd., Ste. 1000, Enclno, was present representing the appellant In the publiC employee dismissal matter to be considered during Closed session. She advised that the hearing officer found that the extreme measure of discharge was harsh and excessive given the employee'S 17 year history. She urged the Council to reinstate the appellant but with a lesser suspension than that recommended by the hearing officer because a nine month suspension without pay Is excessive and harsh and a 30 day suspension Is more than sufficient. She then brought up some additional points In the matter and mentioned positive comments received from citizens and the community about the employee. CONSIDERATION OF AWARD OF A PURCHASE ORDER CONTRACT FOR A FIRE-RATED STORAGE BUILDING TO BE LOCATED AT THE CITY MAINTENANCE YARD: The City Manager asked the PUblic Works Director to present the staff report dated August 31, 1995 which Indicated that the Engineering Division has been modifying some Maintenance Yard facilities In an effort to address complaints from residents adjacent to the west property line of the Yard. After exploring possible alternatives, staff determined that the most expeditious and cost effective method of providing paint storage which would meet Building and Fire Code requirements would be to purchase a pre-engineered, fire-rated building. Bids were received from seven contractors for the storage building. It was moved by Councllmember Bowman and seconded by Councllmember Kerry to: 1. Find the lowest responsible bidder to be Lab safety supply; and 2. Issue a purchase order contract for the purchase of a fire-rated building In the amount of $22,650.00 to Lab safety supply, 410 S. wright Road, Janesvllle, Wisconsin 53546. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF RENEWAL OF CONTRACT FOR MAINTENANCE AND SERVICE OF THE CITY'S HEATING. VENTILATION. AND AIR CONDITIONING IHVACl EQUIPMENT: The staff report dated August 31, 1995, was summarized by the Public Works Director which recommended a contract renewal with Bear state Air Conditioning service, Inc. to maintain the HVAC systems at the Library and the FranK Noe Chamber of Commerce building. The City has entered Into a service contract with Landis & Gyr powers, Inc. to provide these services and repairs to other City buildings after they have upgraded the HVAC systems. staff recommended that Bear state Air Conditioning service, Inc. continue to maintain the HVAC systems at the Library and the Frank Noe Chamber of Commerce building. After some questions from the Council on the maintenance of the air conditioning at the library, the Public Works Director suggested that the contract be approved for the Interim maintenance and he will contact Landis & Gyr for a cost figure to maintain the HVAC unit at the Library. Responding to Council member Jones' request that the contract with the county be reviewed, the PUblic Works Director would consider this as a separate Item and bring bacK a full report on the relationship with the county regarding the library maintenance, the options available In retrofitting and the cost. 1 1 CITY COUNCIL MINUTES september 11, 1995 Councllmember Carroll asked when the last time this contract was bid and he would like to see these contracts sent out to bid at least every three years. It was moved by Council member Bowman and seconded by Councllmember Kerry to authorize the renewal of the maintenance and service contract for the City's heating, ventilation and air condition IHVACI equipment, at the Library and the Frank Noe Chamber Of Commerce building for a two year period ending September 14, 1997 for preventative maintenance service In the amount of $9,750.00 for two years and remedial maintenance service at the same rates as last year's contract, to Bear State Air Conditioning service Inc., 13321 East Alondra Blvd., santa Fe springs, CA 90607. The Public Works Director will research the HVAC contract for the library and provide the Council with the options. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF THE PURCHASE OF TWO TABLETOP COPY MACHINES: The City Manager asked the Finance Director to review the staff report dated september 6, 1995, which revealed that the one copier located in the center of the City Hall Is used by all departments. Frequently, the copier Is In use with large jobs, people are waiting or It Is broken. The purchase of two small tabletop copies to be located In the Finance and Engineering Departments will greatly Improve staff efficiency and service to the public. It was moved by Councllmember carroll and seconded by Council member Jones to: 1. transfer $5,000 from the unreserved fund balance of the City's General Fund to the Internal service fund and appropriate the $5,000 In Account No. 4304-90-656- 35; and 2. authorize the Director of Finance to execute a service agreement with the appropriate vendor. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 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. Mayor Age noted that Item No. 10A, Consideration of Legislation and other Issues for City Council support or Opposition, had been added to the Agenda. Councllmember Carroll asKed that Items NO.8 and 10, summary Vacation of Abandoned storm Drain and Sewer Easement Located In Parcels 1 and 2 and Opposition to the Approval of SB 1066, respectively, be removed. Council member Age requested Item No. 9, Establishing Voting Precincts for the November 7, 1995 special Election be pulled. Councllmember Jones asked that the Minutes of August 17 and 28, 1995 reflect that she abstained from the vote due to her absence at those meetings. Council member Kerry asked that Item No. 10A, opposition to the approval of AB 733, be pUlled. It was moved by Councllmember Bowman and seconded by Council member Kerry to - approve the Consent calendar Items NO.4 through 10A with the exception of Items No. 4, 8, 9, 10 and 10A. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.4: Motion to Approve City Council Minutes of August 17,1995 and August 28, 1995. 2 , ~31 CITY COUNCIL MINUTES september 11,1995 Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of August 17,1995 and the Regular Meeting of AUgUst 28,1995, as submitted, with Council member Jones abstaining due to her absence at those meetings. 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 Design Review Committee's Approval of DRC #95-45. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit NO. 95-45 - with conditions. RESOLUTION NO. 4525 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-45 - WITH CONDITIONS. Item NO.7: Consideration of Attendance of the City Manager to the 81st Annual International City Management Association Conference. Recommendation: That the City Council authorize the attendance of the City Manager to the 81st Annual Conference of the International City Management Association (ICMA), scheduled for september 17 - 20, 1995, In Denver, colorado, and be reimbursed for all actual and necessary expenses Incurred. END OF CONSENT CALENDAR Regarding Item NO.8, Consideration of Adoption of Resolution Authorizing a summary Vacation of Abandoned Storm Drain and Sewer Easements Located In Parcels 1 and 2 of Recorded Parcel Map NO. 88-267 (Orangewood Avenue and Warland Drive), Council member Carroll remarKed that It looked as thoUgh the City were deeding the easement to the Warland company. The Public WorKs Director explained that Warland has relocated the storm drains and sewers around the warehouse building, thus deeding to the City new easements. Council member Kerry noted that the Business Park tenants no longer have driveway access to orangewood Avenue. It was moved by Council member Carroll and seconded by Council member Kerry to adopt the Resolution by title only, title as follows, authorizing a summary vacation of abandoned storm drain and sewer easements located In Parcels 1 and 2 of Parcel Map No. 88-267. RESOLUTION NO. 4526 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING A SUMMARY VACATION OF ABANDONED STORM DRAIN AND SEWER EASEMENTS LOCATED IN PARCELS 1 AND 2 OF RECORDED PARCEL MAP NO. 88-267. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None In regard to Item NO.9, Consideration of Adoption of Resoiution Establishing voting precincts, polling Places, and Appointing precinct Board Members and Fixing compensation Thereof, for the November 7, 1995 special Municipal Election, responding to Mayor Age, the City ClerK replied that all the regular polling places were listed and the City has made it easy to vote In this election. It was moved by Mayor Age and seconded by Council member Bowman that the City Council adopt the Resolution by title only, title as follows, establishing voting precincts, polling Places, Appointing precinct Board Members and Fixing compensation for the Special Municipal Election to be held on November 7, 1995, as required by the State Elections Code. RESOLUTION NO. 4527 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 7, 1995, CALLED BY RESOLUTIONS NOS. 4510, 4516, AND 4519 OF THE CITY COUNCIL. 3 32 CITY COUNCIL MINUTES september 11,1995 The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None With regard to Item No. 10, consideration of Legislation and Other Issues for City Council Support or Opposition, Councilmember Carroll referred to the League of Cities request to oppose SB 1066, expressing his disagreement with their position and Indicated a separate vote should be taken. Council member Bowman believed the problem was that the League provided a synopsis of what they want the council to read and unless the City receives the content of the bill, it would be better not to take a position. It was moved by Council member Carroll and seconded by Council member Bowman to receive and file the report. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Regarding Item NO. 10A, Consideration of Legislation and Other Issues for City Council support or Opposition, AB 733 Drinking Water Fluoridation, Councilmember Kerry had asked that this be placed on the agenda. She had called the League and their position is that if it is not funded by the State or outside sources then the cities and water districts don't have to do anything. She said she did not see a reason for the bill. It was moved by Council member Kerry and seconded by Councilmember Bowman that a letter be sent to the California state Senate and Governor Wilson expressing the Council's opposition to the AB 733. The motion carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 2 COUNCILMEMBERS: Carroll and Jones o COUNCILMEMBERS: None CLOSED SESSION: Mayor Age recessed the Council meeting at 6:20 p.m. to allow the Council to enter Into Closed Session to discuss those agendized items of: Conference with Legal Counsel, Existing Litigation (Government Code Section 54956.9(a), workers compensation Appeals Board Case No. VNO 0305867 Christopher La cascia; Conference with Legal Counsel, Existing Litigation (Government Code section 54956.9(al, orange county Superior Court Case NO. 751524, Darrell Essex vs. Robert Pepper, Anthony L. smith, Cypress Recall Committee and Citizens Association for Sensible Development; and Public Employee Dismissal (Government Code Section 54956). The meeting reconvened at 7:40 p.m. with all Councllmembers present. Also present were staff members Bacock, Christoffels, Decarlo, KellY, storey and Wicker. 7:30 P.M. SESSION: PLEDGE OF ALLEGIANCE: Scouts Stonebreaker and Lee of Boy Scout Troop 507 led the pledge. The City Manager summarized the actions taken by the Council during the 5:30 portion of the City Council meeting. The City Attorney reviewed discussions held during Closed Session on the agendized Items of two existing litigation matters and one personnel matter. The Council did make a decision on the personnel matter and the employee will be notified of the Council's decision reached in Closed Session. Mayor Age announced that the Council was aware of the problems on warland Drive and they had been rectified and she asked the City Manager to read the letter received from Carl Robertson of Warland Investments and the letter received from Cypress Land, both of which indicated what steps were to be taken to assure the projects continued and are not disruptive to any of the residents. The City Manager advised that meetings had been held with the property owners, residents and the pollee Chief and he read both letters into the record, copies of which are on file in the City Clerk's office. The City Manager suggested that Council place this Item on the september 25 Agenda for a status report. It was moved by Council member Bowman and seconded by Council member Kerry to place this item on the september 25, 1995 Agenda. The motion unanimously carried by the fOllowing roll call vote: 4 33 CITY COUNCIL MINUTES september 11,1995 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None The Administrative Services Director announced that the initial CATV Commission survey of Public Access, Educational and Government (PEG! channels had been completed with 1,409 subscribers out of 8,403 responding. A complete report and analysis will be done at a subsequent meeting. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda Ms. Teresa Ivins, 9527 Naples Drive, Cypress, suggested that the rules for a construction project be established prior to the onset of the construction and made very clear to contractors so the residents are not disturbed by equipment. Ms. Kathy Simcox, 6143 Trinidad Avenue, Cypress, stated that more than 23 complaints have been levied against the warehouse project, for violations of the conditional use permit and the law. They continue to violate the CUP and she would like to see the CUP revoked or looked at on the next agenda. Mr. Don wesling, 11431 Anegada street, Cypress, followed up on the news clipping that he presented to the Council at the last meeting. He referred to and read from various sections In the Cypress City Code. He said the Business Park was not zoned for the Shaw warehouse and a conditional use permit had to be issued. Mrs. Susan creager, 4701 Ariano Drive, Cypress, told of her many volunteer activities and she expressed her concern for the City. She said she had been forced to bring a lawsuit against the City for the way she was treated when she was an employee. The City'S law firm is costing the taxpayers money to get her to drop her lawsuit. Ms. Paula English, 5975 Suva way, cypress, asked why the City'S janitorial contract was not going to bid and If it is, why was an Individual told it was not. She then referred to the Council meeting at which the Kid's Corner matter was brought up and discussion was not permitted because there was mention of a lawsuit. Mayor Age suggested that the individual who is interested in bidding on the janitorial contract call the staff for further information on bidding. The City Attorney clarified that a lawsuit was filed by Mrs. creager against the City of Cypress. At the court hearing today, the judge threw out all Mrs. creager's causes of action. Mrs. creager's attorney has requested amending the complaint and filing another lawsuit with respect to this action. As of today, the City filed a motion for a Judgment on the pleading for her cause of action and the judge granted it. Mr. Jerry creager, 4701 Ariano Drive, Cypress, felt that the residents are extremely upset with the Council. He read the legal opinion regarding the Sorrento Homes CC&Rs and Sorrento Homes should not be granted special privileges. He believed CC&Rs clearly state the conditions on satellite dishes and the Council is defaming the community by not upholding the responsibilities of the CC&RS by passing it off to an association. The City Attorney explained that the City government has no legal standing to enforce CC&Rs. Mrs. Regan smith, 6033 Trinidad Avenue, Cypress, commented that oral communications are about the only opportunity citizens have to speak their mind because the City newspaper is extremely biased. She referred to the writ of mandate initiated by the City Clerk concerning the arguments against the advisory measures. The defendants were requested to pay the City's attorneys fees and all associated costs and she viewed this as nothing more than intimidation. Ms. Gina Restivo, asked if there were specific criteria on the bidding of contracts. The PUblic Works Director asked Ms. Restivo to call him or come into City Hall for an explanation because the documents were quite extensive. The City Manager reported that the existing policy is to encourage Cypress businesses to bid on contracts and proposals are sent to the Chamber to solicit those qualified to bid. S 34 CITY COUNCIL MINUTES september 11,1995 Council member Carroll stated that he is a proponent of frequent publiC bidding on contracts, It Is a safeguard to the City and he will do everything he can to see most of these Items are sent out for competitive bids as often as practical. Mr. Tony Smith, 6033 Trinidad Avenue, Cypress, asked why the Brlggeman Disposal contract was not competitively bid. He expressed his concern to the Council about the selective enforcement of laws In the City and referred to the violations of both City ordinances and the conditional use permit In the Business Park for over six weeks. He asked the Council to specifically Instruct the City Manager, the City Attorney and Chief Wicker to Issue citations and fines for every violation that occurs from this date forward. The City Attorney explained that the Chief will cite for code violations. There Is one case that will be pursued In municipal court as an infraction for a violation but he has to walt for the complaints to come in before action is taken. Council member carroll stated that the policy Is that the City Manager and/or Police Chief execute the laws of the City and if that Is not being done, he would like to know Why. The Police Chief reported the directive that Mr. Smith is seeking Is from the City Manager and the Police Department Is strictly enforcing the law as It pertains to the Warland site. Ms. Kathy Shaw, 6533 Teakwood street, Cypress, asked if her taxes were paying for ali the lawsuits and why couldn't they be settled within a reasonable periOd of time. The City Attorney advised that the City does not have the control of how litigation goes and the City Is the defendant and only reacts to the lawsuit. The City Clerk advised that he filed a writ of mandate because the opponents of some of the measures on the ballot used that opportunity to create language that was not appropriate to the arguments. Mr. Bob pepper, 6273 Trinidad Avenue, Cypress, said that when they submitted their arguments against the advisory measures, they talked with the City Attorney, the Deputy City Clerk and agreed in advance to strike the words pertaining to recall. The City wanted complete censorship, they went to court and asked that everything be stricken. The City Attorney reported that the court deleted several lines from the argument and the court issues the writ of mandate. The City Clerk clarified that he has never had to initiate a writ of mandate and go before a judge asking for clarification until this issue. He is an officer of the state when it comes to holding elections and he is not going to put fraudulent statements in a campaign or argument Issue and the writ was flied. For the record, it was not a censorship, It was only a clarification of what needs to be submitted. Mayor Age advised that it was a public document and copies are available in City Hall If the public wants to look at the arguments. The City Manager announced that the Postmaster is here as directed by the Council to address those Issues raised previously. Mr. Brian BlaCk, 11382 Anegada street, Cypress, stated that basically the advisory measures are meaningless and carry no weight to the citizens other than the fact that the City Council is aSking the constituents what they want. He commented that all of this wouldn't have been necessary if the Council had listened to the citizens. Council member Bowman advised that the issue had been raised that the City Clerk was paying for the permit and the return mall. He also advised that some time after he did the mailing, he was accused of changing the permit and he asked the Postmaster to clarify that. Ms. Nancy Shank, postmaster, Cypress Post Office, stated that the permit was originally taken out In the Cypress City Clerk's name with Council member Bowman's signature and it did not come from City funds. After she had a conversation with the City Manager and Council member Bowman, It was In the best Interest to put It under "Friends of Walter K. Bowman." She then explained the process that the post office follows. If it had been explained more thoroughly to her Business Reply Clerk, none of this would have happened. The mail piece had to be designed one way, the application can be in anYbody's name and the actual card says "Paid for by Citizens for Walter K. Bowman." 6 / -:7 35 CITY COUNCIL MINUTES September 11,1995 Responding to Mayor Age, the Postmaster said that the City Manager did not request the permit, they did speak of a change on the telephone after she had talked with Council member Bowman. After additional questions and answers, the City Manager stated that he didn't believe he should be obligated to write the postmaster saying he did not take out a permit which was asked of him the first time he contacted the post office. An error was made on the part of the post office. There is no reason to request a change of something he never applied for; that Is the issue. The same issue that has been paraded before this Council for the last two months. The Postmaster stated after conversations with the City Clerk and Councilmember Bowman, in order to set the record straight, she did change the permit for Cypress City C1 erk to Friends of Walter K. Bowman. If they had all had the same understanding when the permit was taken out, none of this would have happened. Council member Bowman stated that according to his legal counsel, the postcard had to go to the City Clerk and the permit was filled out exactly the way the clerk at the post office Instructed him to fill It out. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one spoke. RECESS: Mayor Age recessed the meeting at 8:50 p.m. and reconvened at 9:00 p.m. with all Council members present. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 95-6. SATELLITE DISH ANTENNA. 9847 RAVARI DRIVE. CYPRESS: This public hearing had been continued from the meeting of AugUst 28, 1995 and the City Manager asked the community Development Director to present the staff report dated september 6,1995. The Council had continued this item in order to allow the applicants to acquire documentation from a registered satellite dish installer attesting to the necessity for the subject satellite dish antenna to be placed at the proposed location and height. Additional time was also necessary to allow staff to research other satellite dish locations and any variances granted. The letter from the installer stated that the proposed location was the only choice which would allow the applicants to receive all stations with satisfactory signal reception quality. Additional information comparing the subject site and other similar satellite dish locations were provided at the Council meeting along with a slide presentation of dishes in the immediate vicinity that have received variances. The Community Development Director commented, for the record, that a citizen, Teresa Ivins, was present earlier but unable to stay and wanted her concern voiced regarding safety because of the height and size of the dish and the visibility. Regarding Federal Communications Commission (FCC) regulations, the City Attorney advised that traditionaliy cities would deny satellite dishes due to zoning criteria. The FCC says that the local agencies will be given certain authority to regUlate satellite dishes, but will preempt them from regUlating satellite dish antennas because that falis within the realm of the FCC regulations. The City shall issue a variance if the applicant can provide evidence that this is the only location to have the reception and the City has no right to obstruct that reception. He read and explained each criteria for which a variance shall be issued for an antenna, which are itemized in the staff report. After additional discussion on cost, permits, location, height, reception, the applicants came forward. Council member Jones mentioned that she had reviewed the video recording of the previous meeting on this issue. Mrs. Ann Agajanlan, 9847 Ravari Drive, Cypress, stated that if the variance was not granted, the dish would be relocated in the middle of the yard to meet City regulations where it will be much more visible than It is now. Jerry Agajanian said that the pictures of the dish were taken from the most conspicuous angle and It is difficult to see from the street. If it is in the middle of the back yard, it would be lower but more conspicuous. No one wished to speak in favor of the project. The Mayor asked If anyone wished to speak in opposition to the project. Mr. Jerry creager, 4701 Ariano Drive, Cypress, stated that the applicants broke the law. Their contractor violated the ordinances and the CC&Rs prohibit these satellite dishes. 7 36 I CITY COUNCIL MINUTES september 11, 1995 He commented that Sorrento Homes, the City Council and the City's legal counsel need to sit down and iron out an equitable situation on a document the people were led to believe is valid. Landscaping will not solve the aesthetics problem created by the dish. Mrs. Susan creager, 4701 Ariano Drive, Cypress, stated that there are alternatives to cable TV and satellite dishes. It is the right of the neighbors not to have to look at those dishes. The applicant, Ann Agajanlan, spoke of the CC&Rs and the limitation placed on outside antennas. She wanted television show choices and she has those choices with the satellite dish. Mr. Jerry Agajanian said that If the Council makes them move the diSh, it will be in a much worse place than it is now. Council member Bowman advised that no local jurisdiction can enforce the CC&RS. It Is a matter between homeowners and the City cannot be Involved. Councilmember Carroll stated that the satellite dish was erected without a permit; it doesn't meet the five foot rule; it doesn't meet the 10 foot rule; It doesn't meet the 15 foot rule and It doesn't pass the good neighbor test. He would not vote to approve the application. Councilmember Kerry felt that there were some FCC questions unresolved and asked the City Attorney's opinion. The City Attorney's recommendation, in light of testimony, would be to have the councli direct him to review some issues, evaluate them and return to Council. Councilmember Carroli disagreed. Mayor Age advised that because of the height of the satellite dish, she Is not in favor of the project and she agreed with Council member Carroll. It was moved by Council member Carroll and seconded by Council member Bowman to close the public hearing and adopt a Resolution by title only, title as foliows, denying the approval of Variance No. 95-6. Council member Bowman said that It Is Incumbent on the homeowner to come into compliance and he believed the height was bad. Councilmember Kerry commented that the aesthetic issue is very Important and If there Is anything that can be done to evaluate aesthetic Issue more carefuliy, the City Attorney be directed to do that. RESOLUTION NO. 4528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING A VARIANCE FROM THE TERMS OF SECTIONS 13.4-3.A. AND E. OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A SATELLITE DISH ANTENNA LESS THAN FIVE IS) FEET FROM A PROPERTY LINE, LESS THAN TEN (201 FEET FROM ANOTHER STRUCTURE AND HIGHER THAN FIFTEEN (15) FEET - VARIANCE NO. 95-6. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None It was moved by Council member Kerry and seconded by Councilmember Bowman to direct the City Attorney to review all of the options that the FCC may give to the City for use in future evaluations of satellite dishes. The motion carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Carroll, Jones and Kerry 1 COUNCILMEMBERS: Age o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 95-8. MAINTAIN KOI POND IN THE REAR AND SIDE YARD SETBACKS. 4821 CORSO CIRCLE: Mayor Age opened the publiC hearing. The Community Development Director summarized the staff report dated AugUst 28,1995, which Indicated that the applicant had constructed a 36 inch deep Kol Pond within the rear and side yard set backs. The Uniform Building Code definition of a 8 / .r 37 CITY COUNCIL MINUTES september 11,1995 pond Is a body of water less than 24" in depth. Any body of water deeper than 24" is considered a pool. Originally, permits were obtained for the landscaping Improvements which included a patio cover, BBQ area and the Koi pond (no depth Indicated). During an inspection for landscaping improvements, the building Inspector discovered the discrepancy and Informed the apPlicant of the necessary corrections. In accordance with the California Environmental Quality Act, a categorical Exemption will be filed for this project. By being defined as a swimming pool, the pond now must comply with the required setbacks for a swimming pool. The pond does not comply with the necessary four foot setbacks for the rear and side. In this instance, it Is necessary that the applicant demonstrate why the Koi pond need be 36" deep, thereby prOViding the exceptional or extraordinary circumstance to justify a variance. Notices of the publiC hearing for 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. Mr. Randy Dunkas, the contractor representing the applicant, explained that the pond needed to be 36" deep because of the small pond surface area. To maintain the water temperature for the fish, it needed the depth. 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 Council member Kerry to close the public hearing, grant a categorical exemption, under Section 15304, Class 4 for the variance application and adopt the Resolution approving Variance No. 95-8, SUbject to conditions. RESOLUTION NO. 4529 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 LOCATION OF A KOI POND AT A DEPTH OF 36 INCHES TO ENCROACH INTO THE REAR AND SIDE YARD SETBACKS - VARIANCE NO. 95-8. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-12. DRIVE-THROUGH RESTAURANT WITH MODIFIED SIGNAGE AND NEON TUBING. JACK IN THE BOX. 6002 LINCOLN AVENUE: The community Development Director reported that the applicant's representative had approached her this evening and requested a continuance on this issue to the meeting of September 25, 1995. It was moved by Councllmember Bowman and seconded by Councllmember Kerry to continue this Item to september 25, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PUBLIC HEARING RE: DESIGN REVIEW COMMITTEE PERMIT NO. 95-33 AND VARIANCE NO. 95-9. INSTALLATION OF A NEW SIGN AT THE LOS ALAMITOS RACE COURSE. 4961 KATELLA AVENUE: The public hearing was opened by Mayor Age. The City Manager asked the Community Development Director to review the staff report dated August 22, 1995, which represented a request to install a new 281 square foot red channel letter wall sign at the main grandstand entrance of the Los Alamitos Race Course. Staff reviewed this project for compliance with the speCific plan design guidelines and as proposed, the sign exceeded the allowable square footage. The Design Review Committee received the proposal and concluded upon their review, that the proposed sign is within the scale of the structure and; therefore, would not detract from the attractiveness of the structure. Additionally, due to the size and the scale of the site, there are exceptional circumstances and a finding can be made to this effect. The sign, as proposed, does not exceed the criteria of a sign not comprising more than 10% of the area upon which the 9 38 ./ CITY COUNCIL MINUTES september 11,1995 sign is located. However, at 281 square feet, the proposed wall sign exceeds the allowable square footage by 126 square feet; therefore, a variance is required. In accordance with the Environmental Quality Act, a categorical Exemption will be filed for this project. Notice of the public hearing was mailed to property owners within a 300- foot radius of the subject site. To date the Community Development Department has not received oral or written comment. Mr. Frank sabato, General Manager of LOS Alamitos Race course, 4961 Katella Avenue, Cypress, said that they need the sign because with all the remodeling that Is occurring, it would enhance the building. No one spoke In support of or in opposition to the application. It was moved by Councilmember Jones and seconded by Councllmember Bowman to close the public hearing, direct staff to file a categorical Exemption and a finding of de Minimis Exemption and adopt the Resolutions approving Design Review Committee Permit No. 95-33 and Variance No. 95-9 with conditions. RESOLUTION NO. 4530 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 95-33 - WITH CONDITIONS. RESOLUTION NO. 4531 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 INSTALLATION OF A WALL SIGN - VARIANCE NO. 95-9. The motion carried by the fOllOWing roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: Bowman, carrOll, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Kerry Council member Kerry abstained due to her business being located within the 300 foot distance of the race track. CONSIDERATION OF PUBLIC HEARING RE: GENERAL PLAN AMENDMENT NO. 95-1 AND ZONE CHANGE NO. 95-1. 9737-61 WALKER STREET: The publiC hearing was opened by Mayor Age. The Community Development Director presented the staff report dated August 22, 1995, which indicated an application had been submitted for a General Plan Amendment and Zone Change for 9737-61 Walker Street to change the General Plan land use designation from General/Neighborhood Commercial to Medium Density Residential and to change the zoning from Commercial General 10,000 to RM-15 Residential MUltiple-Family. Staff had identified some issues that needed to be resolved relating to "spot zoning," prior to any action being taken. Alternatives were provided as to how to resolve the spot zoning issue and the Council Is requested to direct staff as to which alternatives they want pursued relating to the resolution of this matter. Since the applicant did not file for a preliminary review, but for a formal hearing, there is stili research that remains to be completed on this request. The applicant has indicated a desire to build detached condominiums on the property; however, the actual project would have to be heard at a later date. council member Bowman asked if notices of the public hearing were sent to property owners within a 300-foot radius of the site and the community Development Director replied In the affirmative. In addition, the applicant has met with the neighbors. Mr. Mahendra Desai, representing C&A Homes, 1150 E. orangethorpe, #112, Placentia, 92670, advised that they have requested changing the zoning which would allow a maximum of 15 dwelling units per acre. He mentioned the measures that they had initiated on their own asking homeowners within 300 feet what kind of development they preferred on that property. The preference was for multi-family residential. A neighborhOod meeting was held, various development options, adequate guest parking and set back requirements were also discussed. He showed and explained the color- coded chart covering the area of orange Avenue to Ball Road. 10 /39 CITY COUNCIL MINUTES september 11,1995 Mayor Age asked If anyone wished to speak In favor of the project. Ms. Allison Young, Cypress, was present representing Josephine Trautman and she read Mrs. Trautman's statement. She has tried to sell the property for several years and this is the second time she has had It in escrow with a developer. The likelihood of commercial development on her property was in the distant future. MS. Julie Brooks, Cypress, lives in back of Mrs. Trautman, and stated that she and some of her neighbors would like to see the property zoned for residential. Mayor Age asked if anyone wanted to speak in opposition to the application. Mr. Rick Hubble, Hanover Drive, Cypress, said that he wasn't necessarily opposed to the project, but presented some reservations that he and his neighbors had about the project. There Is a very severe parking problem on Hanover now because the condos across walker have limited parking. He urged the Council to carefully consider the long- term effects of this project. Mr. Desai addressed some of the issues that the homeowners had mentioned on parking and the type of homes. Council member Jones remarked that alternate uses for the property should be reviewed and she felt they should be compatible with potential residential uses. Councilmember Bowman suggested that the property owner to the north be included as far any discussion of a specific plan and zone change or General Plan change. Council member Kerry said that parking Is a valid concern and it has to be addressed. After considerable discussion on a general plan amendment, zoning, zone changes and speCific plan, It was moved by Council member carroll and seconded to Council member Jones to continue the publiC hearing to October 10, 1995 and direct staff to pursue the General Plan Amendment and Zone Change study and if Alternatives 1 and 3 are stili viable, they pursue those also. Mr. Desai would be happy to work with staff, have another neighborhood meeting if necessary and urged Council to expedite the project. Councilmember Bowman explained to the applicant how the process would work and the length of time it could take. Councllmember Kerry advised the applicant that the adjacent property to the north had to be considered also. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 11:00 p.m. and reconvened at 11:12 p.m. with all Council members present. CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-26 AND VARIANCE NO. 95-7. CONSTRUCT A REAR YARD MEETING AREA/GARDEN AND PLAY AREA. MODIFY PARKING LOT LAYOUT. AND ALLOW 2' HEIGHT EXTENSION ONTO THE EXISTING 6' HIGH REAR WALL. CYPRESS EVANGELICAL FREE CHURCH. 6143 BALL ROAD: Mayor Age opened the public hearing. The City Manager read a letter for the record from Charles J. Bell, which is on file in the City Clerk's Office, protesting the expansion of the play area at the back of the church and the noise. The Community Development Director summarized the staff report dated september 8,1995, which represented a request to construct a rear yard meeting area, garden and play area and to modifY the parking lot layout at an existing church. The application also included a request to vary from Section 10.6.B of the Cypress zoning Ordinance in order to allow a two foot height extension onto the existing six foot high rear wall of the SUbject church. The proposed project has been determined to be categorically Exempt, Class 3 and 4, in accordance with the California Environmental Quality Act. Conditions have been Imposed to limit the height of the climbing apparatus in the children's play area, the hours which the children'S play area and forest chapel may be occupied and require screening trees. 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 had not received any communication regarding the proposed project. Councilmember Bowman advised that 11 40 CITY COUNCIL MINUTES september 11,1995 he would abstain on this item because he is a property owner within the 300 foot radius and he left the dais during the public hearing. Mr. Jerry Talley, president of the Cypress Evangelical Free Church, 6143 Ball Road, Cypress, said they wanted to beautify their property as well as be good neighbors. He felt that the primary Issue was with the area behind the church and he explained the proposed plans. He expressed concern with Conditions NO.8, 10, 12 and 13 and asked that the hours In 13 be extended. Mayor Age asked if anyone wished to speak in favor of the project. Ms. Caroline vogl, 9866 Joel Circle, Cypress, said she was disturbed by noise from the church only once and asked them to close the back door. She asked that landscaping be placed along the brick wall to Improve the aesthetiCS, which might also absorb some sound. MS. Bonnie Blount, a member of the church staff in charge of the children's programs, said during the summer they had over 400 children In attendance. The children'S play area Is small, utilized during a very limited time and supervised. Mr. Bob saravia, 8152 Acacia street, Cypress, suggested that a high sound wall be built between the church and the residences. MS. Bev perrls, Garden Grove, a church member involved In planning the landscaping, clarified that there will be plantings all along the forest chapel area, trees and shrubs along the meditation garden and the children's play area. Due to the lateness of the hour, it was moved by Council member Kerry and seconded by Councilmember Jones to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None No one else wished to speak in favor of the project. The Mayor asked If anyone wished to speak against the application. Mr. Laurence Clive, 9884 Milton Circle, Cypress, stated that he whOlly concurred with Mr. Bell's letter regarding the noise emanating from the church. He said that sunday mornings are noisy also. He thought a building permit had to be taken out before any work was done, but the fence was raised prior to any permits. NO one else spoke. Mr. Talley commented that they would like to utilize as much of the facility for as many hours as they can. He asked the Council to seriously consider not limiting the days of operation. Council member Jones remarked that in view of the noise factor, Mr. Talley's request to the reduce the size of the landscape trees or extending the hours of the play yard couldn't be done. Councilmember Kerry felt that 15 gallon trees were too small and will take five years before there would be an effect in muffling the sound. The Public Works Director asked the Council to give staff the discretion as to the type and size of trees to be required for the landscaping. It was moved by Councilmember Jones and seconded by Councilmember Carroll to close the public hearing, direct staff to file a Notice of categorical Exemption, Class 3 and 4; adopt the Resolution approving Amendment to Conditional use permit No. 87-26, subject to conditions, amending Condition No. 10 to leave the size and type of the required trees to the discretion of staff, Condition No. 12 to review the church's hours of operation and address the rear yard specifically and Condition No. 13 limiting the rear yard activities to the hours of 8:00 a.m. to 6:00 p.m. only; and adopt the Resolution approving Variance NO. 95-7, SUbject to conditions. 12 ~/ CITY COUNCIL MINUTES september 11,1995 RESOLUTION NO. 4532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-26 - WITH CONDITIONS. RESOLUTION NO. 4533 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM SECTION 10.6.B OF THE CITY OF CYPRESS ZONING ORDINANCE, TO ALLOW A TWO- FOOT (2') HEIGHT EXTENSION ONTO THE EXISTING SIX-FOOT (6') HIGH REAR WALL - VARIANCE NO. 95-7. The motion carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 4 COUNCILMEMBERS: carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None 1 COUNCILMEMBERS: Bowman Councilmember Bowman returned to the dais at 12:45 p.m. CONSIDERATION OF PUBLIC HEARING RE: REGULATION OF BASIC RATES AND CHARGES FOR THE BASIC SERVICE TIER AND ASSOCIATED EQUIPMENT FOR COPLEY COLONY CABLEVISION OF CYPRESS: Mayor Age announced that, according to the staff report dated AugUst 30, 1995, there was a request to continue this matter. It was moved by Councilmember Carroll and seconded by Council member Jones to continue this hearing to the Council meeting of september 25, 1995. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONTINUATION OF CONSIDERATION OF APPOINTMENTS TO THE LINCOLN AVENUE SPECIFIC PLAN ADVISORY COMMITTEE: Mayor Age noted that there were two applications from Herb Andrews. However, in addition to the 14 application received earlier, as a result of readvertising for applicants, 33 more applications had been received. It was moved by Council member Bowman and seconded by Council member Kerry to accept all the applications. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS AND THE CYPRESS LIGHTING DISTRICT NO.2: The City Manager requested that the Finance Director present the staff report dated August 29, 1995, which indicated that an agreement has been negotiated between the Cypress Redevelopment AgenCY and Cypress Homes, Inc. to payoff the Agency's Liability under the Owners Participation Agreement (OPAL The note was issued to construct on-slte Improvements In the project area. The recommendation is that the City Council authorize staff to execute a Repayment Agreement In the total amount of 53,600,000 between the City of Cypress and the Cypress Lighting District NO.2 and the Agency to allow for the early retirement of the OPA at a savings to the Agency of 5344,979 and to issue two promiSSOry notes to finance the payoff. These notes would be repaid by tax increment from the Agency. It is projected that a tax increment bond could be Issued in four to five years, based on revenue flows, which could repay the City or the notes could be repaid earlier If the Wicker Drive Properties are sold. Mr. Mike stewart, a representative from Cypress Homes, Inc. was present to answer any questions. Councilmember Jones said she felt that there were too many uncertainties and assumptions in the proposed Repayment Agreement. She was concerned about taking the money out of the lighting District when there might be other uses for it. 13 fc2- CITY COUNCIL MINUTES september 11,1995 Council member Carroll commented that paying off the note now instead of waiting for over nine years for repayment means about $500,000 to $1 million to Cypress Homes. He would consider a quiCk payout if it meant additional benefits to the City. Council member Bowman asked if the agreement could be negotiated and would a counter offer be considered. He would not want to offer Cypress Homes this amount for a discount. It was moved by Council member Jones and seconded by Councilmember carroll to deny the recommendation to execute the Repayment Agreement and the two Promissory Notes. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF SCHEDULING AN INTERVIEW SESSION FOR THE CABLE TELEVISION COMMISSION APPLICANTS: The staff report dated september 6,1995 advised that CATV Commissioners Martin, Spurgeon and Glass will be completing their second four-year term of office on November 30, 1995. Staff was directed to advertise for the vacancies and seven applications have been received. It was agreed by the Council to hold the interview sessions on Monday, September 18, 1995 starting at 5:00 p.m. Councilmember Carroll said he would not be In attendance for the interviews. Mayor Age advised that he could indicate his three choices. CONSIDERATION OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR 1994-95: The Finance Director summarized the staff report dated september 6, 1995 which represented a request for additional appropriations for certain accounts for fiscal year 1994-95 that were over bUdget based on the year-end analysis. While the City attempted to keep within the original adopted budget, certain amounts exceeded the budget because of pay increases and some extraordinary Items as outlined in the report. Councilmember Kerry asked about absentee ballots and verification of signatures and if they would be handled by City staff. The City Clerk replied that if the response is not overwhelming, City staff will verify signatures. If it becomes a burden, some of the absentee ballots will have to be sent to the county for verification and the decision will be made as they come in. The Finance Director reported that based on pre-audited numbers the actual expenditures compared to the budget were underrun by $392,000. In addition, the revenue side was $1.6 million over budget, comprised of sales tax and development fees. The City Manager advised that the level of revenue activity was unexpected and he hoped that It would happen next year. It was moved by Council member carroll and seconded by Councllmember Kerry that the City CounCil/Cypress Recreation and Park District Board/Cypress Redevelopment Agency Board approve the fOllOwing appropriations from the fund balances of the General Fund ($213,7501, the Cypress Recreation and park District General Fund <$50,100), the Traffic Mitigation Fund ($1,0001, the Mello-Roos Administrative Fund ($7,0001, the RDA Civic Center project Area Debt Service Fund ($48,500), the RDA Lincoln Avenue Project Area Debt Service Fund ($27,700) and the RDA Los Alamltos Racetrack project Area Debt Service Fund ($32,5001: 4179-11-105-01 4211-11-105-01 4001-11-107-01 4006-11-107-01 4187-11-109-01 4188-11-116-02 4018-11-122-02 4104-11-122-02 4152-11-122-02 4001-11-193-06 4006-11-193-06 4275-12-367-15 Legal Services Court Costs & Litigation Regular salaries Fringe Applied Contract Services-Interviews Contract Services-Election Contract Labor special Activity supplies Outside printing Regular salaries Fringe Applied Debt Service-Interest $45,000 $60,000 $ 4,000 $ 2,000 $ 5,000 $15,750 $12,000 $ 6,000 $ 8,000 $37,750 $12,250 $ 5,300 ,- 14 4-3 CITY COUNCIL MINUTES september 11, 1995 4279-12-367-15 4189-24-273-07 4189-34-159-04 4226-34-159-04 4226-52-363-15 4275-52-363-15 4226-53-364-15 4275-53-364-15 4226-54-365-15 4275-54-365-15 4186-11-430-22 Debt service-Principal Prof. Services-Traffic StUdY Prof. Services-Arbitrage property Tax Collection property Tax Collection Debt Service-Interest property Tax Collection Debt Service-Interest property Tax Collection Debt service-Interest Const. Contr. Traffic Signal $44,800 $ 1,000 $ 3,000 $ 4,000 $16,000 $32,500 $ 2,500 $25,200 $ 6,000 $26,500 $ 6,000 The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 16824 -17058: It was moved by Council member Jones and seconded by Council member Kerry to approve the Warrants No. 16824 through 17058 in the amount of $1,743,508.34. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None RECESS: Mayor Age recessed the meeting at 12:45 a.m. to enable the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:55 a.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. NO one wished to speak. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the meeting at 1:00 a.m. to 5:00 p.m. Monday, september 18,1995 to be held in the Administrative Conference Room. ~'~J~' r/! ~ MAYOR OF THE CITY OF CY ESS ATTEST: ~~~ CITY . R 0 H CITY CYPRESS 15 f- l' 44 MINUTES OF AN ADJOURNED MEETING OF THE CYPRESS CITY COUNCIL HELD September 18, 1995 An Adjourned Regular Meeting of the Cypress City Council was called to order at 5:05 p.m., Monday, September 18, 1995 in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, California, Mayor Cecilia L. Age presiding. PRESENT: Councilmembers Bowman, Jones, Kerry and Age ABSENT: Councilmembers Carroll ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke. ORAL COMMUNICATIONS: For Clarification of Matters on the Agenda. No one wished to speak. ORAL INTERVIEWS: The City Council conducted oral interviews with four of the seven applicants for the three vacancies on the Cypress CATV Commission. The Council requested staff to schedule interviews with the three remaining applicants for Monday, October 2, 1995 beginning at 6:00 p.m. ORAL COMMUNICATIONS: For Matters Not on the Agenda. No one spoke. ADJOURNMENT: Mayor Age adjourned the meeting at 6:05 p.m. to 4:00 p.m., Monday, September 25, 1995 in the Administrative Conference Room. ~.:./~;'. ~ a~ (MAYOR OF THE ITY OF nRESS ATTEST: nTItJ q}p;fr, OF CYPRESS