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Minutes 94-11-28 11-2 '6/! MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 28,1994 The Regular Meeting of the cypress City Council was called to order at 5:40 p.m., Monday, November 28, 1994, In the Council Chamber, 5275 orange Avenue, cypress, Mayor Richard partin presiding. PRESENT: ABSENT: Council members Age, Bowman, Kerry, Nicholson and Partin None Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, Eynon, storey and Wicker. ORAL COMMUNICATIONS: For Matters on the 5:30 p.m. Agenda. No one wished to speak. 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. Council member Kerry requested that Items NO.8 and 9, Consideration of Recreation and community services Commissioners' Attendance to the 1995 california and Pacific Southwest Recreation and park Conference and Consideration of Staff Attendance at the california and Pacific SOuthwest Recreation and Park conference, respectively, be removed. Personnel Director Bacock noted that on Item NO.7, Consideration of Employment List Extension - Police Dispatcher 1/11 that the extension would be from December 3,1994 to February 3, 1995. It was moved by Council member Age and seconded by Councllmember Nicholson to approve the Consent calendar Items NO.1 through 9, with the exception of Items NO.8 and 9. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None Item NO.1: Motion to Approve City Council Minutes of October 24,1994 and November 14, 1994. Recommendation: That the City Council approve the Minutes of the regular meeting of October 24, 1994 and November 14, 1994, as submitted. Item NO.2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO.3: Consideration of Design Review Committee'S Approval of DRC #94-27, #94-28 and #94-29. Recommendation: That the City Council adopt the Resolutions by titles only, titles as follow, approving DRC #94-27, #94-28 and #94-29: RESOLUTION NO. 4413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-27 - WITH CONDITIONS. RESOLUTION NO. 4414 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-28 - WITH CONDITIONS. RESOLUTION NO. 4415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 94-29 - WITH CONDITIONS. 1 1/'25/--'- CITY COUNCIL MINUTES November 28, 1994 Item NO.4: Consideration of Renewal of Contract for Off-slte Records Storage. Recommendation: That the City Council approve the renewal of the Off-slte Records storage Contract wIth MFI Master Flies, 1000 New York street, Long Beach, CA 90813, for the period of 12/13/94 through 12/12/95, as outlined In the report. Item NO.5: Consideration of Acceptance of the Installation of an HVAC Unit for the Video Room at the Council Chamber, Public Works project No. 8952. Recommendation: That the City Council: 1) Accept the work for the Installation for an HVAC Unit for the Video Room at the Council Chamber, Public Works project No. 8952, as being satisfactorily completed In conformance with the Plans and specifications; 2) Approve the final retention payment to Diamond Air conditioning corporation, 26712 Sierra Vista, Mission Viejo, california 92692, thirty (301 days after the Notice of completion Is flied; and 3l Authorize the City Clerk to release the Labor and Materials Bond upon expiration of the required lien period, If no claims or objections have been flied, and to release the Faithful Performance Bond upon the expiration of one year's guarantee upon the Director of Public Works' concurrence. Item NO.6: ConsIderation of Americans With Disabilities Act <ADA> - Title II . status of City Compliance Activity. Recommendation: Receive and file. Item NO.7: Consideration of Employment List Extension. POlice Dispatcher 111I. Recommendation: That the City Council approve the extension of the current employment list for the position of Police Dispatcher 1/11. END OF CONSENT CALENDAR Regarding Item NO.8 and 9, Recreation and Community services Commissioners' and staff Attendance at the 1995 california and Pacific southwest Recreation and Park conference, Councllmember Kerry asked that consideration be given to limiting the number of participants at the Conference. Council member Nicholson said that It would be limIted by the amount of money allocated. The Recreation and park Director agreed and If others wanted to attend, they would share the additional cost. Recreation and Community services Commission Leo Friedland commented that the Conference Is very Important with the networking and exchange of Information when so many of the Recreation and Park activities and services are In danger of being eliminated. Those Commissioners that go are Willing to share the burden of the cost. It was moved by Council member Kerry and seconded by Councllmember Nicholson that the City Council, actIng as the ex-offlclo governing Board of Directors of the cypress Recreation and Park District, approve the Recreation and Community services commissioners', the Recreation and park Director and two Recreation Services Managers' attendance to the california and Pacific southwest Recreation and Park conference, to be held from March 2.5, 1995, In san Jose, california, and be reimbursed for all actual and necessary expenses Incurred. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and Partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None CLOSED SESSION: Mayor Partin recessed the meeting at S:45 p.m. to enable the City Council to enter Into Closed session to discuss two Liability Claims (Government Code section 54956.9Sl Claimants carol Black, Glendora Torregano and Helen Cal and Claimant Mike Welsh vs. the City of cypress, Conference with Legal Council on existing litigation (Subdivision lal of section 54956.91, Conference with Labor Negotiator (Government Code section 54957.6) and PUbliC Employee Release (Government Code section 549571, The newly-alected Councllmembers Mary Ann Jones and Tom carroll also attended the Closed Session. The meeting reconvened at 7:35 p.m. with all Councllmembers present. Also present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, EynOn, storey and Wicker. 2 /, ...."i..:J 285 CITY COUNCIL MINUTES Novernber28,1994 PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tem Nicholson. PRESENTATIONS: Mayor partin announced the presentation of a donation to the Senior computer Literary Program from supervisor Harriett Wieder. NO one was present. The City of Cypress was presented with the AAA Pedestrian safety Citation Award from Susan L Dabinett, Assistant Manager of the Automobile Club of southern california. The plaque was for a fatality free pedestrian safety record for a three year period. Election Certification: CONSIDERATION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8. 1994: The City Manager presented the staff report dated November 22, 1994, to which was attached a Resolution declaring the results of the General Municipal Election held on November 8,1994 and the orange county Registrar of Voters' Certificate of the Canvass of the Election. It was moved by Council member Nicholson and seconded by Council member Age to adopt the Resolution by title only, title as fOllOWS, declaring the result of the General Municipal Election held on November 8, 1994. RESOLUTION NO. 4416 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1994, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW. The motion unanimously carried by the fOllOwing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, Kerry, Nicholson and partin o COUNCILMEMBERS: None o COUNCILMEMBERS: None In accordance with section 5 of the above Resolution NO. 4416, the following is a statement of the results of said election. 1. That the whole number of votes cast In the precincts except absent voter ballots was 13,274. That the whole number of absent voter ballots cast in the City was 2,494, making a total of 15,768 votes cast in the City. 2. That the number of persons voted for at the election for Member of the City Council are as follows: Reynold Elkin Alice Kotloff spatz Walter K. Bowman Steven D. Bradley 3. Elected as a member of the City Council for the full term of four years were: Mary Ann Jones Tom Carroll Chuck Hicks Tom Carroll Mary Ann Jones Walter K. Bowman 6,165 5,695 5,486 4. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates were as listed below. 3 1- f" -" 286 CITY COUNCIL MINUTES f- 6-~rpR I- 7.CYPR f- - YPR f- >HiR - ,!.~~ : i~~~ - YPR :~ - YPR ~ . YPR ~ - YPR 7: <~PR ~ - YPR - YPR - YPR - YPR - YPR - YPR , ~r< I ~ R ~ ~ ~ 2 r hf ~~I=I T W N Y 9311 4: .~:~ ~~. ?494 lO.A fT5l6ll ""'&t"Il November 28,1994 4 M I A - ~ ~ w r A I H Y ~ ~ ~ A ~ T C ~~ ~ 0 A ~ ~ ~p K N R N C ~ A PL E ~ A ~ R H ~- k ~ R t ~ M ~ 0 3 I A ~ K - N Z N s 11 4T m ~~.19~ ~ ft "" ,ml ~ll ! "611 till 1~~1 $~I 2T1 l~ll ml 4 4 :vt '. -!l!f=l <<61 "U~I =tiif' d31 ~21 -$-it ~ 1- 9-11 2~ 4 I~~I . "~71 t~~1 I~I tt- - B~ t~~ t~ - - ~ GG, ~ 717 Q44 1006 ~ JU<I 45bo 5b~5 bib: Councilmembers Nicholson and Partin resigned their offices. The City Clerk administered the Oath of Office to newly elected Councilmembers Tom carroll and Mary Ann Jones and reelected Councilmember Walter K. Bowman and the new Council members took their seats on the dais. CONSIDERATION OF CITY COUNCIL REORGANIZATION: The City Clerk made some Introductory remarks and asked for discussion. Councilmember Carroll referred to the City Charter and the Mayor and Mayor Pro Tem'S duties. He did not seek to be Mayor but considered it appropriate that he be considered for the position of Mayor Pro Tem for two reasons: 1l the vote count on November 8; and 2) the team building opportunity for the City Council. He believed that a senior Council member as Mayor and himself as Mayor Pro Tem would be good for cypress, the City Council and staff. The City Clerk called for nominations for the office of Mayor. Council member Bowman nominated Councllmember Age for Mayor. A motion was made by Councllmember Kerry and seconded by Councllmember Bowman to close the nominations. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Age, Bowman, carroll, Jones and Kerry o COUNCILMEMBERS: None o COUNCILMEMBERS: None The City Clerk declared the position of Mayor filled by Councllmember Age with a unanimous vote. 4 11-2F/:.- 287 CITY COUNCIL MINUTES November 28,1994 Mayor Age thanked the Council for their support and she looked forward to a very productive year. She would like to continue the positive direction that the former Council had taken. Mayor Age assumed her seat and opened the nominations for Mayor Pro Tern. Councllmember Kerry nominated council member Bowman for Mayor Pro Tem. council member Jones nominated Councllmember Carroll for the office of Mayor Pro Tem. It was moved by Council member Bowman and seconded by Councllmember Kerry to close the nominations and hearing no objections, the Mayor so ordered. Mayor Age asked that all those In favor of Councllmember Bowman for Mayor Pro Tem cast an "Aye" vote. The nomination carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Kerry and Age 2 COUNCILMEMBERS: carroll and Jones o COUNCILMEMBERS: None The City Manager noted that there were some presentations to be made and the first would be from congressman Ed Royce'S office. Ms. Linda LeQuire, representing Congressman ROyce, congratulated Council member Nicholson and Mayor partin and presented a Certificate of special congressional ReCognition to each of them for their years of service and dedication to the City of cypress. Mayor Age presented the City seal plaque to former Councllmember Nicholson and the City seal plaque and Mayor's plaque to former Mayor partin. Mayor Age announced that there will be a roast on January 28, 1995 for RiChard partin. Mr. Partin spoke about his 18 years of public service to the City of cypress as a member of the Planning Commission and the City Council. He enjoyed his time working with staff and the citizens and all Councils try to do what Is best for the City as a whole. Council member Bowman expressed his gratification In being reelected to the City Council. He took pride In that the City of cypress was fiscally one of the best cities in Orange county which had to do with each Councllmember doing their work and putting forth their best efforts. Council members Kerry, carroll, Jones and the City Manager provided their personal comments and wished the two retiring Council members well in their future endeavors. RECESS: Mayor Age acknowledged the presence of supervisor Wieder In the audience. She called a recess at 8:10 p.m. The meeting reconvened at 8:15 p.m. with all Council members present. supervisor Harriett Wieder made a donation of $5,000.00 to the Director of Recreation and Parks District, who accepted on behalf of the senior Citizens center, to the senior computer Literary program. She congratulated the new Councllmembers. Council member Jones thanked everyone who voted for her, Introduced her family and thanked them for their support. She Will give everyone fair and equal consideration. Council member Carroll expressed his thanks to the voters, his family who worked very hard to get him elected and vowed to do the best possible job. Council member Bowman said that running for public office Is a humbling, but good experience. He expressed his appreciation to all the people that supported him and the Council will all work to do their very best for the whole community. The City Manager summarized the actions taken by the Council during the 5:30 p.m. portion of the Agenda. The City Attorney reviewed discussions held during the Closed Session on five Items as listed on the Agenda. One liability claim on carol Black, et al and the other on Mike Welsh. There was also discussion on pending litigation with PW construction, inC. and the City of cypress. TwO personnel matters Involved discussion with the labor negotiator on the Maintenance Employees Association and the other on public employee release. ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda. 5 288 CITY COUNCIL MINUTES November 28, 1994 Mr. Tony smith, 6033 Trinidad Avenue, cypress, welcomed the new Council members. He spoke about a public notice In the News-Enterprise that the City was Intending to file a Negative Declaration for a proposed food distribution warehouse facility. He proposed that, after the public hearing was held on December 12, the Council fUlly address any questions or Issues raised by citizens prior to making any decision. He requested the Council reject the Negative Declaration process as Inappropriate and require a fUll Environmental Impact Analysis to determine the cumulative Impact that this facility, along with the others approved, would have. He didn't believe that a 24 hour distribution center was conducive to the environment and urged the Council to consider the will and desires of the residents before any action was taken. The City Attorney advised that the process Is proceeding according to the requirements set by law. Mr. Jim Rode, 11336 Holder street, cypress, referenced a statement supposedly made by the City Manager on the opening of Holder street. The major concerns are danger to school children, Increased noise, decreased safety and declining property values. He asked to obtain any and all Information regarding Holder street in advance of any action and requested any action be made public. The City Manager clarified that In a meeting with residents concerned with the Shaw Development, he did state that at some point In the future, the Holder street opening would need to be discussed but he did not state that Holder street would be opened next year. He further Indicated that any decision on Holder Street would be SUbject to full public discussion. Ms. Ellen Klppel, 11664 Blackmer street, cypress, voiced her opposition to a second warehouse. A food distribution warehouse would have refrigerated trucks and the quality of life will deteriorate In the south part of the city. Mayor Age clarified that the food distribution warehouse Is proposed for cypress Land property, not warland property. secondly, there will be a public hearing on December 12. Council member Kerry stated that another rumor that needed to be dispelled was that of vehicle trips. The Public Works Director explained that the 900 figure that keeps being mentioned is 900 trips, which is a combination of normal vehicles and trucks. It is substantially less than 900 trucks, it Is a total of 900 vehicle trips. MS. Susan Eldridge, 6383 Bataan street, cypress, referred to a "meet the candidates" program where the question was raised about voting on issues involving persons or businesses from whom they had received campaign contributions. She asked that Council member Bowman abstain from voting on the food distribution warehouse issue since he received a substantial donation to his campaign from cypress Land. Mayor Age clarified that accepting a gift of over $250 from an organization would automatically preclude a Councllmember from voting on that organization's project. However, when a candidate runs for office, it is different; there is no campaign contribution limit, anything more than S99 has to be declared. The only time a Council member abstains from voting on a project Is when there Is a personal financial gain or a conflict of interest because of personal business interest. Councilmember Bowman said that the money he has left from his campaign funds will be donated to a non-profit organization. The City Attorney advised that the laws Involving political campaign contributions and conflict of Interest are mutually exclusive. They don't apply to abstaining on actions when there is a campaign contribution. Once the candidate becomes a Council member then a gift of $250 or more requires the Councllmember abstain on the Issue involving the person or business having provided the gift. Mr. Dave conde, 11301 Anegada street, cypress, spoke about the proposed food distribution warehouse and the attempt to gather Information on the project and they were denied by City staff stating the file was Incomplete and no Information will be made available until tomorrow. He requested an extension on the Notice of Intent to file a Negative Declaration so that the notice takes effect after the Information is available. Mayor Age asked Staff to describe the process. 6 1/-2617 /'F ({ - I CITY COUNCIL MINUTES November 28,1994 The Planning Director clarified that the environmental information is available. The file that relates to the conditional use permit Is not yet available. The notice referred to the environmental Information. Several of the neighborhood residents have been In reviewing all of the Information and have read through the Initial study. The floor Plans and elevations pertain to the conditional use permit. The final determination on the Negative Declaration Is made at the public hearing with the conditional use permit. The City Attorney advised that the distinction Is the environmental documents are available at the time of the Notice of Intent to Adopt the Negative Declaration, which is a separate Issue. When the application for a proposed conditional use permit or for any entitlement Is flied with the City, State law says that the City has 30 days to deem the application complete. The City cannot utilize documents until the application Is deemed complete and, prior to that time, these records are not defined as public records. Council member Kerry asked that a set of the environmental documents be provided to the library. Regarding project plans, the City Attorney advised that they cannot be released without the applicant's consent because plans are proprietary In nature. Mr. Alan Crowder, 6881 Reef ton Avenue, cypress, suggested that a traffic evaluation be done regarding any opening of Holder Street because valley View and Knott have had a tremendous amount of accidents at the Orangewood Intersections. Mayor Age stated that the City Is In the process of having a traffic stUdy done. The opening of Holder Street is a very sensitive Issue. It Is on the General Arterial Plan and, at some point, It will be opened but not before a public hearing. Mrs. Kathy Simcox, 6143 Trinidad Avenue, cypress, commented that they had many concerns and questions that were not answered. She voiced her concerns about the City staff withholding Information from the residents in the neighborhood. Signs from their association were removed by City staff and neither her phone call to the City Manager or the City Attorney were returned. She wanted to know when the proJects become pUblic information and why their signs were taken when others were not. The City Manager was advised the project log was not publiC record; therefore, no longer an exercise of the Public Record Act. He believed that the Public Works Department received calls about Signs In the public rights-of-way other than campaign signs which are dealt with by a separate portion of the sign ordinance and were piCked up by the maintenance crews as part of Clearing the public rights-of-way. Mayor Age asked that the sign ordinance be placed on the December 12 agenda for review. After some discussion, Mayor Age suggested that when Mrs. Simcox calls she make It clear that she Is not calling about the Shaw project, which Is in litigation. Ms. Simcox said that they have had access to the Initial stUdy on the cypress Land development, but they have not been able to get copies. With respect to the project log, the City Attorney clarified that the position taken was the log Is not considered to be a public document and that means that the City does not have to release It. It does not mean the City can't release or cannot prevent them from seeing It If the Council directs staff to do so. He also explained portions of the PUblic Records Act. MS. Simcox asked that the Council allow the residents to see the project log. It was moved by Council member Bowman and seconded by Councllmember Kerry to place the public'S review of the project 109 as a Closed session agenda item. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Kerry, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None Mayor Age announced that there will be a Closed session regarding this matter following the conclusion of the regular business meeting. 7 ,,- I" , - ! " i CITY COUNCIL MINUTES November 28, 1994 Mr. Smith referred to the notice published In the NeWs-Enterprise and he suggested that the 21 day review period be extended so the public can obtain a copy of the draft Negative Declaration. Again, the Planning Director stated that It Is available for public review according to the CEQA requirements for 21 days. Councilmember Kerry said If a copy Is placed In the library, then whoever wants copies can make them. She asked that the document be placed In the library tomorrow. Mr. Smith voiced the opinion that this was grossly unfair to the publiC and multiple copies should be made. Responding to Councllmember Bowman who asked If available for review meant copies be available to take, the City Attorney advised that CEOA required the document be available for publiC review but the law doesn't say a copy had to be provided. Councllmember Bowman recommended that any public comments be put In writing starting immediately regarding the proposed project and given to staff. ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one wished to speak. CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 94- 19. DRIVE-THROUGH CARWASH FOR EXISTING SHELL SERVICE STATION, 6001 ORANGE AVENUE: Mayor Age opened the public hearing and referred to the staff report dated November 22, 1994, which requested a continuance of this hearing. It was moved by Councllmember Bowman and seconded by Council member Kerry to continue this item to the City Council meeting of December 12,1994 and direct staff to re-notice the publiC hearing. 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: FIRST READING OF AN ORDINANCE AMENDING THE AMENDED CIVIC CENTER REDEVELOPMENT PLAN. LINCOLN AVENUE REDEVELOPMENT PLAN AND THE LOS ALAMITOS RACE TRACK & GOLF COURSE REDEVELOPMENT PLAN TO CONFORM TO THE SPECIFIED SET OF STATUTORY MAXIMUM TIME LIMITS IMPOSED BY THE COMMUNITY REDEVELOPMENT LAW ("CRL"I: The Mayor opened the publiC hearing. The staff report dated November 23,1994 asked this Item be continued. It was moved by Council member Kerry and seconded by Council member Bowman to continue this public hearing to the City Council meeting of December 12, 1994. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carrOll, Kerry, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None CONSIDERATION OF APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 12395- 12396 AND 12610-12878: It was moved by Council member Bowman and seconded by Council member Kerry to approve the Warrants NO. 12395 through 12396 and 12610 through 12878 in the amount of $1,338,273.43. 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 9:25 p.m. to allOW the City Council to act as the cypress Redevelopment Agency. The meeting reconvened at 9:30 p.m. with all Council members present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. 8 I/-J.'6'/q z q I CITY COUNCIL MINUTES November 28, 1994 Mr. Dave Conde stated that the citizens were all concerned people, he asked that they be kept Informed and to include them In making decisions. He mentioned the suggestion made at the last meeting about Instituting a Planning Commission. Council member Kerry requested that whenever there Is a public hearing, staff make the information available at the library as soon as possible. The Planning Director advised that most of the Information Is associated with the environmental document and Is available prior to the noticing of a public hearing. The report itself doesn't become public until a few days prior to the meeting. Councllmember Kerry clarified that she was referring to all Issues that were public hearings. She then addressed the Planning Commission Issue, which was placed on the ballot four years ago for the public vote. There would be some small remuneration to the Commissioners; however, the City Attorney and City staff'S presence Is required, meetings are usually held twice a month and the calculations were about $100,000 per year for a Planning Commission. Mayor Age responded that the Issue went down to defeat by a vote of approximately 70/30. She suggested that If the Community feels that a Planning Commission Is warranted, put It on the ballot. Council member Mary Ann Jones reported that during the campaign, the citizens expressed interest In having advisory committees. This is an Item that she will request be put on a future agenda. Mrs. Kitty Grltchen, 11619 Malden Street, cypress, stated that they realize the vacant property In the south end of town will not remain strawberry fields. They would like the development to be profitable to the citizens and the City. Mr. Tim Keenan, 11105 Knott Avenue, Suite G, cypress, welcomed the new Council members. He felt he was in touch with how the people feel and if the Planning Commission Issue were put on the ballot tOday, It would pass. He suggested the Item of a Planning Commission be placed on a future agenda. Mrs. Terese Mccormack, 9130 Esther street, cypress, reported on the auto body shop directly behind her home and the amount of noise that emanates from there which Is often unbearable. She has asked the Code Enforcement Department to look Into the matter for the past five years with no success. She has been wakened at odd hours of the night with deliveries of old cars. Mayor Age asked the City Manager to personally respond to Mrs. McCormack with a copy to the Council. Mrs. MCCormack commented that she had reported a barking dog some years ago and never heard anything back. She said she doesn't care about the dog, but she does care about the body shop and the noise it creates. CLOSED SESSION: Mayor Age recessed the meeting at 9:40 p.m. to enable the Council to enter Into Closed session to discuss the matter of the Planning Department's project log. The meeting reconvened at 9:55 p.m. with all Councilmembers present. It was moved by Councllmember Bowman and seconded by Council member Kerry to make the Planning Department's project log public Information. The motion unanimously carried by the fOllowing roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, carroll, Kerry, Jones and Age o COUNCILMEMBERS: None o COUNCILMEMBERS: None WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Age adjourned the Council meeting at 9:55 p.m. ATTEST: Clrvd~~tOF CYPRESS 9