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Minutes 97-04-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 14, 1997 The Regular Meeting of the Cypress City Council was called to order at 4:05 p.m., Monday, April 14, 1997, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Tom Carroll presiding. PRESENT: ABSENT: Councilmembers Jones, Keenan, Piercy and Carroll Councilmember Bowman Also present were the City Manager, Community Development Director, Finance Director, City Planner and Karen Warren representing Cotton Beland Associates (CBA). COUNCILMEMBER BOWMAN ARRIVED AT 4:07 P.M. NORTH-END RESIDENTIAL STUDY: The City Planner provided a brief history of the North-end Residential Area and Ms. Warren presented some slides of the area, explained the overlay zones and defined each of the areas. She received input from Council on setbacks, density and rehabilitation loans. WORKSHOP ON THE 1997-2004 CAPITAL IMPROVEMENT PROGRAM: The Public Works Director presented the seven year Capital Improvement Program to the City Council with the proposed capital improvements, which would be budgeted in the coming year and planned for the following six years. This information will be discussed in more detail during the public hearing later in the evening. ARNOLD/CYPRESS PARK IMPROVEMENT PROJECT: The Council reviewed the status of the conceptual plan for improvements at Arnold/Cypress Park that had been completed some years before. The project was discussed in conjunction with the 1997-2004 seven year Capital Improvement Program. Councilmember Bowman suggested the Council meet at Arnold/Cypress Park to walk the park. Staff would return to Council at its April 28 meeting with a module by module approach and cost breakdown. A skateboard park would be built for $75,000 from discretionary funds and would be a part of the Capital Improvement Program. The public process would be used for the site selection. RECESS: Mayor Carroll recessed the meeting at 6:00 p.m. to enable the Council to move to the Council Chamber. The meeting reconvened at 6:10 p.m. with all Councilmembers present. Also present were the City Manager and City Attorney and staff member Bacock. Mayor Carroll immediately recessed the meeting to allow the Council to enter into Closed Session to discuss the agendized item regarding Government Code Section 54957, Police Chief. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Bacock, Christoffels, DeCarlo, Kelly, Krauss and Storey. 7:00 P.M. SESSION: PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Bowman. PRESENTATIONS: Mayor Carroll announced that Tiger Woods, formerly of Cypress, is the 1997 Golf Masters Champion. Mayor Carroll presented Certificates of Special Recognition to Eagle Scouts Rob and Bill Fowler for their heroic actions in aiding a neighbor who had suffered numerous cuts after falling through a plate glass window. Ms. Michelle Tuckman, Director of Communications for the Orange County Sanitation Districts, spoke on AB 769 which would allow the consolidation of the existing nine districts into one sanitation district. She volunteered to answer any questions and urged the Council to adopt the Resolution. CITY COUNCIL MINUTES April 14, 1997 REVIEW OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized discussions held during the Workshop Session on the Arnold/Cypress Park Improvement Project, North-end Residential Study and 1997-2004 Capital Improvement Program. The City Manager reviewed discussions held during Closed Session on Public Employee, Police Chief. ORAL COMMUNICATIONS: Limited to One-Half HOUr. The Mayor reminded the audience that Oral Communications were limited to one-half hour, with each person speaking once on any subject. Mr. Karl Dash, 5716 Aspen Street, Cypress, the 1997-98 Chair of the Cypress Community Festival, referred to the letter displayed by the Mayor at the last City Council meeting. He had incorrectly addressed the letter, it was entirely his fault, he had no intention of discrediting the position of Mayor and he offered his public apology. The Cypress Community Festival Association is composed of volunteers who work on the event seven months a year and do not have time in their meetings to endorse, support or promote any political position. He felt that Mayor Carroll owed this group an apology for suggesting that the group's motives were biased. Mr. Darrell Essex, 5220 Dresden Circle, Cypress, clarified, for the record, that he has not had nor sought any information regarding sales tax data in his capacity as a consultant. His contract with the company he does business precludes his access to that information because of the inherent conflict. Ms. Carol Powers, 6935 Grand Manan Drive, Cypress, and President of the Cypress Chamber of Commerce, reiterated the Chamber's position regarding the review of confidential records relating to sales and use tax information. She urged the Council to vote against this proposal and referred to the letters from business leaders who expressed their opposition. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, complained about children selling candy in her neighborhood and the police did not report after being called. The majority of the children are from L. A. COunty. Second, she asked that the graffiti on the new curbs and gutters be removed at the expense of the parents whose children put it there. Councilmember Jones asked the Acting Police Chief to respond to door-to-door solicitation without a license. The Acting Chief said that a license was required to solicit and he would follow-up with Mrs. Crowder as to why the police did not respond. Mr. Phil Wendel, 2847 Knoxville Avenue, Long Beach, was present on behalf of the Cypress Economic Development Council, and expressed opposition to the Council having access to detailed tax information from various Cypress companies. I-le provided a resolution, signed by 16 of their members, including Yamaha, Mitsubishi Electric Corporation, Pacificare, Shaw Industries, JVC, Cypress Golf Club and MC Machinery Systems. Mr. George Hallak, Cypress, referred to the remarks made about the Festival Committee at the last Council meeting. The Committee is composed of volunteers who dedicate their time and effort, spend hundreds of hours along with dedicated City staff to put on one of the best one day festivals that the County has known. Decisions are not made on political influence but made strictly in the best interests of the City. MS. Jane Wozniak, 4480 Avenida Granada, Cypress, berated Mayor Carroll for his manner in speaking to some of the citizens and his treatment of the business owners. She also mentioned the Card Club issue, MarV KaV and the idea of reinstituting a Planning commission, the redevelopment of Wicker Drive and Lincoln Avenue. Mr. DOn Wesling, 11431 Anegada Street, Cypress, stated that Councilmember Jones did not make a threatening phone call to Via Maria. He respected her opinion on the Shaw warehouse when she was a candidate for Council office. He didn't believe there was anv problem with the City Council having the sales and use tax information. The people elected to Council should have the same information that the City staff does. CITY COUNCIL MINUTES April 14, 1997 Mr. Mike McGill, 6097 Pitcairn Street, Cypress, thanked the Council for their informative debate on sales and use tax. Mrs. Kitty Gritchen, 11619 Malden Street, Cypress, mentioned that Garden Grove was considering areas for adult businesses and one was Chapman and Valley View. Her concern was this area was less than a mile from Cypress and very close to Cypress' adult business area. She asked the Council to contact the City of Garden Grove. The City Manager advised that staff will contact the City of Garden Grove and provide a report to the Council. Mayor Carroll stated that he intended to defend the office of the Mayor against any impropriety. Regarding the Cypress Community Festival, he felt that everyone had made some misjudgments and miscommunications, so he suggested that all be put aside and the City will have one of the greatest festivals ever in 1997. AWARD OF CONTRACTS'. CONTINUATION OF AWARD OF CONTRACT TO PURCHASE A REPLACEMENT AERIAL BOOM TRUCK FOR THE TREE MAINTENANCE DIVISION, REQUEST FOR QUOTATION NO. 9697-15: The Public Works Director presented the staff report which described the replacement of the aerial boom truck for tree trimming crews. Bids were solicited for this equipment and, at the March 24, 1997 Council meeting, staff recommended an award of contract to the low bidder. DUe to concerns expressed by one of the bidders regarding specification compliance, this item was continued until the meeting of April 14, 1997. Because of the conflict in the bid specifications, staff is recommending that the City Council reject all the bids received and solicit new bids based on a more generic specification. It was moved by Councilmember Bowman and seconded by Councilmember Jones to reject all the bids received for the aerial boom truck replacement outlined in Request for Quotation No. 9697-15, and direct staff to solicit new bids based on a more generic specification. AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None AWARD OF CONTRACT FOR THE IMPROVEMENT OF THE SOUTH SIDE OF ORANGE AVENUE FROM VALLEY: The Public Works Director summarized the staff report which advised that five bids were received to widen the south side of Orange Avenue from Valley View Street to Peartree Lane and to modify the traffic signals at Valley View Street/Orange Avenue and Katella Avenue/Holder Street. Councilmember Keenan commented that the installation of an eastbound right turn lane is an improvement that had been requested by the citizens for a number of years. It was moved by Councilmember Jones and seconded by Councilmember Keenan to: Determine the lowest responsible bidder for Public Works Project NO. 9521 tO be Peek Traffic, 2283 Via Burton Street, Anaheim, CA 92806; and Award a contract for this street widening and signal modification project in the amount of $174,904.75 (award amount of $159,004.75 plus ten percent contingency) to Peek Traffic. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None AWARD OF CONTRACT FOR RESURFACING THE RESIDENTIAL STREETS LOCATED NORTH OF ORANGEWOOD AVENUE, EAST OF HOLDER STREET, AND WEST OF KNOTT STREET, PUBLIC WORKS PROJECT NO. 9631: The City Manager asked the Public Works Director to review the staff report which indicated that four bids were received for the resurfacing of all the residential streets located north of Orangewood Avenue, east of Holder Street, and west of Knott Street. It was moved by Councilmember Bowman and seconded by Councilmember Jones to: CITY COUNCIL MINUTES April 14, 1997 Determine the lowest responsible bidder for Public Works Project No. 9631 tO be Industrial Asphalt, 1357 W. Foothill Blvd., Azusa, CA 91702. o Award a contract for resurfacing residential streets in the amount of $273,146.50 (award amount of $248,315.00 plus ten percent contingency) to Industrial Asphalt. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None AWARD OF CONTRACT FOR SEWER MODIFICATION AT CITY MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 9640: The staff report was presented by the Public Works Director recommending an award of a construction contract for sewer modification at the City Maintenance Yard. Two bids were received for the project which consists of upsizing a 20 foot section of sewer lateral and the installation of two sewer manholes to provide maintenance crews access for the purpose of cleaning the sewer system. It was moved by Councilmember Bowman and seconded by Councilmember Jones to: Determine the lowest responsible bidder for Public Works Project No. 9640 to be Palp Inc. dba Excel Paving Company; and Award a contract for sewer modification at the City Maintenance Yard to Palp Inc. dba Excel Paving Company, 2230 Lemon Avenue, Long Beach, CA 90806, in the amount of $13,140.60 (award amount of $11,946.00 plus 10% contingency). The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 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. Councilmember Keenan asked that Item NO. 5, Minutes of March 24, 1997 be removed. Councilmember Bowman requested that Items NO. 17, 19 and 20, Design Review Committee No. 97-8, Request by Enterprise Car Rental to Amend the Sign Program for Cypress Square Commercial Center, Located at 4901-4991 Lincoln Avenue, Legislation and Other Issues for Council Support or Opposition, and Approval of the Plans and Specifications and Authorization to Advertise the Project for Bid for the Pavement Rehabilitation of Valley View Street, respectively, be removed. Mayor Carroll asked that Items No. 11 and 25, Proclaiming May 4-11, 1997, as "Days of Remembrance of the Victims of the Holocaust" and Continued Review of Live Entertainment Permit - Via Maria Restaurant, 9969 Walker Street, respectively, be pulled. It was moved bv Councilmember Keenan and seconded by Councilmember Jones to approve the Consent Calendar, Items No. 5 through 27, with the exception of Items NO. 5, 11, 17, 19, 20 and 25. The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Item NO. 6: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 7: Proclaiming May 1, 1997, as a "Day of Prayer" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim May 1, 1997, as a "Day of Prayer" in the City of Cypress. 4 CITY COUNCIL MINUTES April 14, 1997 Item No. 8: Adoption of Resolution Commending Eagle Scout Matthew Joseph Schnaider. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Boy Scout Matthew Joseph Schnaider on attaining the Eagle Scout Award. RESOLUTION NO. 4773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT MATTHEW JOSEPH SCHNAIDER ON ATTAINING THE RANK OF EAGLE SCOUT. Item NO. 9: Proclaiming May 1997, as "Better Speech and Hearing Month" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim May 1997, as "Better Speech and Hearing Month" in the City of Cypress. Item No. 10: Renewal of Non-Exclusive Taxicab Franchise - Yellow Cab Company. Recommendation: That the City Council authorize a one-year renewal of the non- exclusive Taxicab Franchise issued to the Yellow Cab Company, to expire on March 23, 1998. Item No. 12: Proclaiming April 20-26, 1997, as "Child Abuse Prevention Week" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim April 20-26, 1997, as "Child Abuse Prevention Week" in the City of Cypress. Item NO. 13: Proclaiming May 1, 1997, as "Loyalty Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim May 1, 1997, as "Loyalty Day" in the City of Cypress. Item No. 14: Police Personnel File Records Purge. Recommendation: That the City Council authorize the destruction of the named Police Department's personnel records in accordance with Government Code Section 34090 and City Council Resolution No. 2338, dated February 9, 1981. Item NO. 15: Design Review Committee No. 97-9, Request to Construct a 904 Square FoOt Second Story Addition to an Existing Single-story Residence, Located at 93?5 Fernbury Street, Cypress, and Design Review Committee No. 97-12, Request to Install a 2,000 Gallon Above Ground Fuel Storage Tank Within the Maintenance Yard of the Los Alamitos Race Course, Located at 4961 Katella Avenue. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving Design Review Committee No. 97-9 and No. 97-12 with conditions: RESOLUTION NO. 4774 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-9 - WITH CONDITIONS. RESOLUTION NO. 4775 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-12 - WITH CONDITIONS. Item No. 16: One Year Review of Live Entertainment Permit for the Grand American Coffee and Tea Company, 10569 Valley View Street, Cypress. Recommendation: That the City Council extend the Live Entertainment Permit for the Grand American Coffee and Tea Company, with the original terms, until such time as the permit expires or circumstances arise to cause a teevaluation of the permit. CITY COUNCIL MINUTES April 14, 1997 Item No. 18: Agreement With the City of Buena Park for the Transfer of a Sewer Line on Holder Street, Between Lincoln Avenue and Orange Avenue. Recommendation: That the City Council approve the Agreement with the Cil:y of Buena Park for the transfer of a sewer line on Holder Street, between Lincoln Avenue and Orange Avenue. Item No. 21: Modification of Job Specifications for the Regular Part-time Position of Court Liaison Assistant and Seasonal/Temporary Part-time Recreation Leader and Early Childhood Education Positions With Minor Change in Compensation to Address Minimum Wage Requirements. Recommendation: That the City Council move to: 1) Approve the reviewed job specifications for the Court Liaison Assistant and the Recreation Leader class series (Recreation Leader 1 through Recreation Leader IV); 2) Adopt the Resolution by title only, title as follows, adding the revised job specifications to the City's Position Classification Plan; and 3) Adopt the Resolution by title only, title as follows, establishing compensation for Temporary and Seasonal Personnel. RESOLUTION NO. 4776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION 3574, BY REVISING THE JOB SPECIFICATION FOR THE REGULAR PART-TIME POSITION OF COURT LIAISON ASSISTANT AND ADDING THE JOB SPECIFICATION FOR THE RECREATION LEADER CLASS SERIES DUE TO THE RECLASSIFICATION OF CERTAIN RECREATION TEMPORARY AND SEASONAL POSITIONS. RESOLUTION NO. 4777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS EX- OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION NO. 4482 BY UPDATING CLASSIFICATION TITLES FOR TEMPORARY AND SEASONAL EMPLOYEES. Item No. 22: Acceptance of Parcel Map No. 96-129, Property Located at 8241 Gay Street, Cypress Recommendation: That the City Council approve Final Parcel Map No. 96-129 and authorize the City Clerk to sign the record map. Item No. 23: Review of Conditional Use Permit No. 94-6, An Approved Cellular Antenna Facility, Located at 8921 Electric Street, Cypress. Recommendation: Receive and file. Item No. 24: General Plan Annual Report Recommendation: That the City Council receive and file the General Plan Annual Report and authorize its submittal to the State for review. Item No. 26: Request to Extend From Five (5) Days tO Ten (10) Days an Outdoor Recreational Vehicle Sale at the Northwest Corner of Katella Avenue and Walker Street. Recommendation: That the City Council allow the extension from five (5) days to ten (10) days for the proposed sales event with the stipulation that this event will count as two (2) sales events and that only two (2) similar recreational vehicle sales events will be permitted for the remainder of the 1997 calendar year. Recreation & Park District Matters: Item No. 27: Approval of Amendment to Agreement With Senior Means and Services, Inc., Extending Agreement to June 30, 1998. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the Amendment to the Agreement with Senior Meals and Services, Inc., extending the Agreement to June 30, 1998. 6 CITY COUNCIL MINUTES April 14, 1997 Regarding Item No. 5, City Council Minutes of March 24, 1997, Councilmember Keenan referred to Page 14, under the item on the OCTA proposal to administer taxi service licensing on a Countywide basis, the "yes" vote should be Bowman, Jones and Carroll rather than Bowman, Piercy and Carroll. It was moved by Mayor Carroll and seconded by Councilmember Keenan to approve the Minutes of March 24, 1997 as amended. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll COUNCILMEMBERS: None COUNCILMEMBERS: None In regard to Item NO. 11, Proclaiming May 4-11, 1997, as "Days of Remembrance of the Victims of the Holocaust" in the City of Cypress, Mayor Carroll commented that the Holocaust episode is of such historical consequence that everyone should consider what happened during this period. It was organized murder by the millions and perpetrated by ordinary men and women and we should all remember the inhumanity of man to his fellow man. It was moved by Mayor Carroll and seconded by Councilmember Jones to officially proclaim May 4-11, 1997, as "Days of Remembrance of Victims of the Holocaust" in the City of Cypress. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None With reference to Item No. 17, Design Review Committee No. 97-8, Request by Enterprise Car Rental to Amend the Sign Program for Cypress Square Commercial Center, Located 4901-4991 Lincoln Avenue to Allow Facia Band (can style) Signs in Addition to Channel letter signs, Councilmember Bowman asked why staff was denying Enterprise Car Rental's request for a can sign. The Community Development Director explained that the retail center now has channel letter signs, which is considered an upgrade. The center is at a critical intersection and one that the City wants to keep looking nice. Councilmember Bowman believed that the community has to be open minded especially when dealing with a national firm. The Community Development Director said that Enterprise is changing because their corporate signs are can style and the decision would be made for the shopping center if they would be going to can style vs. channel style letters. Councilmember Bowman suggested that before this request was denied, the Council be given the sign plans before the Council makes its decision. Councilmember Jones said she listens to what staff has to say about upgrading Lincoln Avenue. She suggested that staff obtain Enterprise's input. The Community Development Director advised that Enterprise has an existing sign that is consistent with the sign plan. Councilmember Keenan said that there is not much consistency In the center. Mayor Carroll commented that he didn't believe that the staff's recommendation was unreasonable. It was moved by Councilmember Jones and seconded by Councilmember Keenan to adopt the Resolution by title only, title as follows, denying Design Review Committee No. 97-8 - without prejudice. RESOLUTION NO. 4778 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING DESIGN REVIEW COMMITTEE NO. 97-8 - WITHOUT PREJUDICE. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll I COUNCILMEMBERS: Bowman 0 COUNCILMEMBERS: None Regarding Item No. 19, Legislation and Other Issues for Council Support or Opposition, Councilmember Bowman asked for clarification of the League's position on SB 689. It was clarified that the recommendation was to oppose SB 689. It was moved by Councilmember Bowman and seconded by Councilmember Jones to: 1) Authorize support of the League of California Cities' position on Senate Bill 689 (Johnson) relating to the required compensation to commercial businesses when restricting hours of operation; and 2) Authorize support of the League of California Cities' position on Senate Bill 1310 (Johnson to shift sales tax revenues to cities. The motion unanimously carried by the following roll call vote: 7 CITY COUNCIL MINUTES April 14, 1997 AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None With regard to Item No. 20, Approval of Plans and Specifications and Authorization to Advertise the Project for Bid for the Pavement Rehabilitation of Valley View Street from Ball Road to South City Limits, Katella Avenue from McDonnell Drive to Valley View Street, and Katella Avenue from Hope Street to Holder Street, Public Works Project NO. 9649, Councilmember Bowman asked why Valley View was being resurfaced again. The Public Works Director explained that the two areas previously paved were excluded. Councilmember Bowman commented that when a street is torn up, it never seems to be as good as before and he asked how the City could protect itself from outside agencies tearing up the City's streets. The City Attorney advised he is working on an ordinance that will be brought to the City Council. Councilmember Bowman asked that something be incorporated into the ordinance requiring the agency to either replace the street like it was or pay for it. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Plans and Specifications and authorize staff to advertise the project for bid for the Pavement Rehabilitation of Valley View Street from Ball ROad to South City Limits, Katella Avenue from McDonnell Drive to Valley View Street, and Katella Avenue from Hope Street to Holder Street, Public Works Project NO. 9649. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None In regard to Item No. 25, Continued Review of Live Entertainment Permit - Via Maria Restaurant, 9969 Walker Street, Cypress, Mayor Carroll recalled that the patrons of Via Maria engaged in a riot on a Friday night. The Cypress City staff suspended the Live Entertainment for a period of time until the City Council could review the issue. The City Council lifted the suspension for all days except Fridays and asked Mr. Blumemfeld to present a plan of action that would reduce the probability of future riots at Via Maria. He referred to a letter received from Rex Beaber and expressed concern with its contents. He hoped that the problem could be solved on a common sense basis. It was moved by Mayor Carroll and seconded by Councilmember Jones to continue this matter to the meeting of April 28, 1997, as requested by Mr. Paul Blumenfeld, co-owner of Via Maria, and Attorney, Mr. Rex Julian Beaber. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None END OF CONSENT CALENDAR PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF CONDITIONAL USE PERMIT NO. 96-17, REQUEST TO CONSTRUCT A GAS STATION AND MINI-MARKET, LOCATED AT 5931 CERRITOS AVENUE AND 10461 VALLEY VIEW STREET: Mayor Carroll opened the public hearing and the City Manager referred to the staff report which requested that this project be continued. It was moved by Councilmember Bowman and seconded by Councilmember Jones to continue Conditional Use Permit NO. 96-17 to the April 28, 1997 City Council meeting. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None APPLICATION FOR SPECIAL PERMIT - MR. LELAND WHITE, D.B.A. AUSTIN DIVERSIFIED PRODUCTS - DOOR-TO-DOOR SOLICITATION OF ALL PURPOSE CLEANER: The public hearing was opened by Mayor Carroll. The City Manager presented the staff report which represented an application for a Special Permit received from Leland White, representing AUStin Diversified Products, to allow the sale of an all purpose cleaner door-to-door in the City of Cypress. The report indicated that Special Permits had been granted to the applicant in the past. The Chief of Police had conducted an investigation in accordance with Section 15-60 of the Cypress City Code. In accordance with Section 15-62 of the Cypress 8 CITY COUNCIL MINUTES April 14, 1997 City Code, the City Council, having received the report from the Chief of Police and conducting a Public Hearing, is to determine whether or not the operation of the business will comport with the peace, health, safety, convenience, good morals, and general welfare of the public, or that the applicant or other persons responsible for the management or supervision of the business is unfit to be trusted with the privileges granted by such special permit, or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity. The Affidavits of Publication and Posting of the Public Hearing NOtices on this matter are on file in the City Clerk's Office and, as of the writing of this report, no written communications have been received either in favor of or in opposition to this application. Councilmembers Jones and Bowman did not remember this item coming before the Council in the past. Councilmember Jones would like to have more input on this application and suggested continuing the item to another meeting until the information could be acquired. The applicant was not in the audience. The Mayor asked if anyone wished to speak in support of or in opposition to the application. Mrs. Mary Crowder, 6881 Reefton Street, Cypress, said that the peddlers came to her door without a permit to solicit in the City of Cypress. She commented that their cleaning product was worthless. No one else wished to speak. It was moved by Councilmember Jones and seconded by Councilmember Bowman to continue this item. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None SPECIAL PERMIT FOR SECONDHAND BUSINESS - WILMA LAMIRANDE, D.B.A. FROM THE HEART, SALE OF NEW, USED, AND VINTAGE CLOTHING AND COLLECTIBLES, LOCATED AT 6876 KATELLA AVENUE, CYPRESS: Mayor Carroll opened the public hearing. The City Manager asked the Community Development Director to present the staff report, which represented a request to establish a secondhand business, From The Heart, located at 6876 Katella Avenue, Cypress. The subject site is located within the Ross/Cypress Plaza commercial shopping center, in the PC-4 Planned Community Business Park Zone. The proposed business includes the sale of new, used and vintage clothing and collectibles including jewelry and household items, such as upscale glassware, vases and teapots. DUe to the nature of the proposed business and the type of items for sale, a Secondhand Dealer's License issued by the State of California Department of Justice is not required. Additionally, a police records check found no derogatory information with reference to the applicant. No environmental documentation is required, because the proposed action is not considered to be a project according to the California Environmental Quality Act. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. TO date, staff has not received any communication regarding the proposed permit. The applicant, Wilma Lamirande, responding to a question from the Mayor, clarified that "From the Heart" is operated by the Purple Heart Veterans Rehabilitation Services, Inc., which runs major thrift stores throughout California. "From the Heart" is a different type of venture and is a smaller store with new and used vintage clothing and collectibles. Mayor Carroll asked if anyone wished to speak in favor of the application. Ms. Peggy Kratka, representing Warland Investments owners of the center, said they felt very comfortable having "From the Heart" as a tenant. No one else wished to speak in support of or in opposition to the application. It was moved bv Councilmember Bowman and seconded by Councilmember Jones to close the public hearing and unconditionally approve the Special Permit for a Secondhand Business, located at 6876 Katella Avenue and operated by Ms. Wilma 9 CITY COUNCIL MINUTES April 14, 1997 Lamirande, DBA "From the Heart." The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None SPECIAL PERMIT FOR SECONDHAND BUSINESS - LAURA BLINN-KATZ, D.B.A. CHILDREN'S ORCFIARD, SALE OF CHILDREN'S CLOTHING, EQUIPMENT, TOYS, ETC., LOCATED AT 10135 VALLEY VIEW STREET, CYPRESS: The public hearing was opened by Mayor Carroll and at the request of the City Manager, the Community Development Director presented the staff report. The proposal represented a request by Laura Blinn-Katz to establish a secondhand business named Children's Orchard, 10135 Valley View Street. The subject site is located within the Mervyn's/Albertson's shopping center. The proposed business includes the sale of used children's clothing, equipment, toys, etc. The proposed retail commercial use is consistent with provisions of the Cypress Zoning Ordinance in reference to the CG-10,000 Zone, including sufficient vehicle circulation and parking within the commercial center. Children's Orchard has several other locations nearby in Cerritos, Fountain Valley and Huntington Beach. DUe tO the nature of the proposed business and the type of items for sale, a Secondhand Dealer's License issued by the State of California Department of Justice is not required. Additionally, a police records check found no derogatory information with reference to the applicant. No environmental documentation is required, because the proposed action is not considered to be a project according to the California Environmental Quality ACt. NOtices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed permit. Ms. Laura Blinn-Katz, 20392 Crimer Lane, Huntington Beach, said that Children's Orchard is a national franchise, with several locations in Southern California. They deal in new and used children's clothing, toys and equipment. She volunteered to answer questions from the Council. No one wished to speak in support of or in opposition to the application. It was moved by Councilmember Jones and seconded by Councilmember Keenan to unconditionally approve the Special Permit for a Secondhand Business, locating at 10135 Valley View and operated by Laura Blinn-Katz, D.B.A. Children's Orchard. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECESS: Mayor Carroll recessed the meeting at 8:28 p.m. and reconvened at 8:38 p.m. with all Councilmembers present. REFIEARING OF CONDITIONAL USE PERMIT NO. 97-3, REQUEST TO ESTABLISH A USED AUTOMOTIVE SALES LOT, LOCATED AT 9060 WALKER STREET, CYPRESS: The public hearing was declared open by Mayor Carroll. The Community Development Director was asked to present this item. She reported that at the beginning of tonight's meeting, a request was made by the applicant to continue this matter to April 28, 1997. He indicated that there was a personal emergency and had to leave. Ms. Kelly then proceeded to summarize the communications received on this project. She received a letter requesting a denial from Kathy Sirecox, a letter of support from the Manager of the Taco Bell, a letter of opposition from Arthur and Mary Mayer, 4241 Emerald Circle, an opposition letter from Margaret Hargartner, Dina Court and letters of opposition from Jim and Barbara Finn, Paseo de Plata and the Ramirez family. Letters of support were received from Dave and Linda Chamberlain, owners of the property directly east of the site, and Anita Boillin, property owner south of the site. A phone call was received from a resident on Camp Street stating that she is opposed to another auto-related use on that corner. The original letters are on file in the City Clerk's office. She then indicated that Conditional Use Permit NO. 97-3 was presented to the City Council at the March 10, 1997 meeting. The motion to deny the application resulted in a 2-2 vote split, with one Councilmember abstaining. Therefore, no decision had been rendered on this item pursuant to the City Attorney, and the applicant may request reconsideration. The applicant submitted a request for the item to be reheard. 10 CITY COUNCIL MINUTES April 14, 1997 Included in the request letter were a number of modifications based on input at the March 10, 1997 City Council hearing. The revised proposal included the reduction of the lighting standards from ten to six and motion activated security lighting for after hours security. Finally, a catch basin will be provided for all surface waters which will then transfer the water directly to the sewer system in the streets. The applicant has proposed that the conditional use permit be approved for a maximum of two years and that, at the end of such time, it be reconsidered if the Lincoln Avenue Redevelopment Plan has not progressed to this property. While this rehearing is not affected by the proposed moratorium prohibiting new applications for auto-related uses within the Lincoln Avenue Study area, the proposed use is the type upon which the need for the proposed moratorium is based. The proposed modifications do demonstrate that the applicant is attempting to address some of the concerns discussed in the environmental documentation and the previous staff report, but they do not change the findings of either document. Staff still cannot support the development of the proposed use at this location as it is not consistent with the long term goals and objectives of the Lincoln Avenue Redevelopment Plan. Notices of the public hearing were published, posted and mailed to all property owners within a 300 foot radius of the site. As of the drafting of this report, no oral or verbal comments have been received. Councilmember Jones asked the Community Development Director to read into the record the reasons staff does not feel this is a compatible use. Councilmember Bowman stated, for the record, that he will be abstaining on this item again. The Community Development Director, responding to Councilmember Jones' request, said, reading from the March 10, 1997 staff report, "The project was reviewed for compliance with the goals and objectives of the Lincoln Avenue Redevelopment Plan. Goal 2 regarding redevelopment is aimed at uses that would facilitate a higher and better utilization of the land thereby contributing to the public health, safety and welfare. Objective B seeks development of properly within a creative, coordinated land use pattern consistent with the General Plan and Zoning Ordinance. Objective F seeks the achievement of a physical environment reflecting a high level of concern for architectural and urban design principles deemed important by the community." Additional letters against the project were received from Ann Fowler, Robert Fowler, Jim Fowler, Carol Dickson and Ruth Fowler and read into the record by the Community Development Director. Copies of the letters are on file in the City Clerk's office. Mayor Carroll noted that the applicant was not in the audience and he has asked for a continuation. The Mayor asked if anyone wished to speak in favor the project. Mr. BOb Sundwall, 5486 Vista Sierra, Cypress, said Mr. Briganti has been in Cypress for 16 years, there have been no problems with the business under any circumstances anc~ he is a good businessman. The property is zoned Commercial and there is no reason to turn this business down. Ms. Jo DUtrO, 10002 St. Stephen Circle, Cypress, spoke in support of the proposed project and the integrity of Mr. Briganti. She referenced comments made by Councilmembers during past hearings on this project. NO one else wished to speak in favor of the project and the Mayor asked if anyone desired to speak in opposition to the proposed project. The following citizens spoke in opposition to the project regarding safety of children and adults, test driving cars, appropriateness of a used car lot in that location, Lincoln Avenue Specific Plan, number of used cars, difficulty in accessing Walker Street from Bishop Street, trash, fighting, abusive language, parking congestion, backing large vehicles down Bishop Street, oil and grease on the sidewalk: MS. Susan Linde, 9845 Joel Circle, Cypress Mr. Mike Gritchen, 11619 Malden Street, Cypress MS. Sally Kaspar, 5582 Bishop Street, Cypress Ms. Frances Stapish Willson, Bishop Street, Cypress IVlr. Michael Stellman, 5572 Bishop Street, Cypress Mr. and Mrs. Robbins, Bishop Street, Cypress 11 CITY COUNCIL MINUTES April 14, 1997 Mr. ROn Murillo, 5721 Lincoln Avenue, Cypress MS. Lori Webber, 5592 Bishop Street, Cypress Ms. Nicky MCFalI, 5592 BiShOp Street, Cypress Mr. DOn Wesling, 11431 Anegada Street, Cypress Mr. Henry Livingston, 5408 Hanover Drive, Cypress Mr. Barry Cannata, 5541 Camp Street, Cypress MrS. Kathy Sirecox, 6143 Trinidad Avenue, Cypress No one else wished to speak for or against the proposed project. Councilmember Jones said she has been opposed to this development. A used car lot is not appropriate for this particular parcel and would do nothing to revitalize the area. The Council needs to take some leadership roles in moving this redevelopment area into a higher and better use and in a positive direction. Her concerns were the aesthetics, the safety and welfare of the residents on Bishop Street and she was disappointed that the applicant was not present. Responding to Councilmember Piercy's question, the City Attorney replied that the Council can grant a continuance of the application to April 28 or the Council could take action on the application this evening notwithstanding the applicant's absence. The Community Development Director, in response to Mayor Carroll, clarified that the request to continue was asked for at the beginning of the meeting. They indicated that there was a personal matter on behalf of the architect and for whatever reason they did not request the continuance during Oral Communications. The Community Development Director said she told them she would bring the request to the attention of the Council and advised the applicant that people would be allowed to testify and the public hearing would be open. Councilmember Piercy appreciated all the residents appearing and expressing their feelings and obviously, there has been a problem with the business. She had been in favor of supporting this application, but perhaps this is not the time to expand. She also felt that a final decision should be delayed until the applicant is present to support his position. It was moved by Councilmember Piercy to continue this matter to April 28, 1997. Councilmember Jones said she was not opposed to a continuance, but felt it was not in the applicant's best interests to leave prior to hearing the neighbors concerns. Councilmember Keenan addressed the letter from the Chamberlains, owners of the property adjoining Mr. Briganti's proposed used car lot, who had signed the letter at the behest of a listing agent. Councilmember Keenan contacted Mr. Chamberlain who indicated that he is not particularly in favor of automotive uses in the City in general and supportive of the moratorium and asked Mr. Chamberlain to state his objections in a letter prior to the next Council meeting. He has spoken to Mr. Briganti and would like to hear his position. He supported a continuance anc~ he seconded the motion. The City Attorney asked Mayor Carroll if the Council wished to continue the public comment as well and the Mayor responded in the affirmative. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Jones, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSI:NT: 0 COUNCILI~I~MBI:RS: None ABSTAINED: I COUNCILMEMBERS: Bowman RECESS: Mayor Carroll recessed the meeting at 9:55 p.m. and reconvened at 10:00 p.m~ with all Councilmembers present4 DESIGN REVIEW COMMITTEE PERMIT NO. 97-6 AND VARIANCE NO. 97-1, REPLACEMENT OF WALL AND GROUND SIGNS, INCLUDING EAST WALL SIGN EXCEEDING STANDARD 150 SQUARE FEET, LOCATED AT 5865 KATELLA AVENUE, CYPRESS: The public hearing was opened by Mayor Carroll. The staff report was reviewed by Community Development Director Chris Kelly. The project represented a request by Sunstone Hotel Properties to replace the wall and ground signs from the previous Ramada Hotel operation at 5865 Katella Avenue. This request is necessary due to the recent change of ownership for the existing hotel. The sign copy will be changed to read "Courtyard Marriott." The application for Variance No. 97-1 represented a request to allow one of the proposed building wall signs to exceed the 150 square foot sign area standard, applicable to the Business Park Zone. The 12 CITY COUNCIL MINUTES April 14, 1997 required findings of hardship can be made for the proposed signage variance. The Design Review Committee reviewed the proposed signage increase and approved Design Review Committee Permit No. 97-6, subject to City Council approval of the associated Variance No. 97-1. The Committee's approval was based on findings that the proposed signage is consistent with the character and in scale with the mass of the building and site. A Categorical Exemption, Class 1, has been prepared in accordance with the California Environmental Quality Act (CEQA) guidelines. Notices of this public hearing regarding Variance No. 97-1 were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. TO date, staff has not received any communication regarding the proposed variance application. Design Review Committee permits are consent calendar items which do not require public notice. The applicant was not in the audience. Mayor Carroll asked if anyone wished to speak in favor of or in opposition to the request. No one spoke. Regarding Councilmember Keenan's question about sign illumination, Mr. Tim Shevlin, Continental Signs, sign installation agent, explained that all of the signs are internally illuminated. It was moved by Councilmember Jones and seconded by Councilmember Keenan to close the public hearing, direct staff to file a Notice of Exemption in accordance with the requirements of the California Environmental Quality Act and adopt the Resolutions by title only, titles as follow, approving Design Review Committee No. 97-6 and Variance NO. 97-1, subject to the conditions of approval. RESOLUTION NO. 4779 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-6 - WITH CONDITIONS. RESOLUTION NO. 4780 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF SECTION V.2.A. OF THE MCDONNELL CENTER AMENDED SPECIFIC PLAN, AS ADOPTED BY ORDINANCE NO. 929 OF THE CITY OF CYPRESS, TO ALLOW A WALL MOUNTED SIGN EXCEEDING 150 SQUARE FEET IN AREA - VARIANCE NO. 97-1. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONDITIONAL USE PERMIT NO. 97-4 AND VARIANCE NO. 97-2 - AUTOMOTIVE REPAIR SHOP, VARYING FROM THE ZONING ORDINANCE DEVELOPMENT STANDARDS FOR REAR BUILDING SETBACK, FRONT LANDSCAPED SETBACK, AND STREET SIDEYARD LANDSCAPED SETBACK, LOCATED AT 5391 LINCOLN AVENUE: The Mayor opened the public hearing. The City Manager reported that staff had received a late communication from the applicant, Mr. Kang Yang, asking that this item be continued to May 12, 1997. The Community Development Director introduced the item and advised that the applicant had indicated they will be making some modifications to their plan. At this point, staff is unaware of what the modifications will be. The request is to convert an existing retail commercial building into an automotive repair shop at 5391 Lincoln Avenue. The application for a variance includes a request to allow an existing substandard rear building setback, as well as substandard widths of the front and street sideyard landscaped setbacks. The proposed use is consistent with the CH-10,000 zoning designation. However, based on an analysis of the proposed site design, staff feels that the proposed project is not consistent with the goals and policies of the Cypress General Plan, the Lincoln Avenue Redevelopment Plan and the Draft Lincoln Avenue Specific Plan. Additionally, staff has outstanding concerns regarding the adequacy of current parking standards being applied to auto-related uses on small lots. Therefore, staff recommends denial of the proposed project. Upon completion of an initial environmental review of the proposed project, a draft Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act (CEQA). Notices of this public hearing were posted, published and mailed to the owners of all properties located 13 CITY COUNCIL MINUTES April 14, 1997 within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The applicant was in the audience. Councilmember Jones said that many of the issues discussed on Conditional Use Permit No. 97-3 relate to this item. NO one wished to speak in support of or in opposition to the request. It was moved by Councilmember Jones and seconded by Councilmember Keenan to continue this item to the City Council meeting of May 12, 1997. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1997-2004 CAPITAL IMPROVEMENT PROGRAM: Mayor Carroll opened the public hearing, the City Manager asked the Public Works Director to present the item, which provided information related to the proposed 1997-2004 Capital Improvement Program. The projects the City will undertake during the next seven years, and for which funding is available, comprise the Capital Improvement Program (CIP). The goal of the City of Cypress' seven year Capital Improvement Program is to identify all facility upgrades, infrastructure maintenance or new construction of facilities, along with their funding sources, so that the City can have a financial plan to meet these needs. The program is available for perusal at City Hall and the library. At Councilmember Jones' request, Public Works Director highlighted the key projects and dollar amounts of the program. No one wished to speak for or against the draft program. It was moved by Councilmember Jones and seconded by Councilmember Bowman to close the public hearing on the 1997-2004 Capital Improvement Program. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ADOPTION OF RESOLUTION TO AUTHORIZE THE CITY COUNCIL TO REVIEW CONFIDENTIAL RECORDS RELATING TO SALES AND USE TAX INFORMATION FROM THE STATE BOARD OF EQUALIZATION: The City Manager asked the Finance Director to present the staff report which has been continued from the February 24, March 10 and 24, 1997 City Council Meetings. At the March 24, 1997 meeting, Mayor carroll presented some parameters for the City Council to review the sales tax data and the information described in the parameters had been incorporated into a resolution. He mentioned alternative actions that the City Council may take. Responding to Mayor Carroll's question on "reasonable financial parameters," the Finance Director answered that staff can supply the Council with general financial parameters rather than specific data, so the sales tax could be provided in ranges. The City Manager said the range could be done so the Council could get an idea of the magnitude of the sales tax generator and its importance to the City without knowing the exact amount. Mayor Carroll asked the City Attorney if the Council was asking for anything illegal under State law and the City Attorney responded in the negative. Councilmember Bowman asked the City Attorney if there were any other cities in Orange County where the Council received the exact data they are asking for and if there has been an Attorney General's or a State finance office opinion as to whether individual Councilmembers should have all of the data. The City Attorney stated he was not aware of any other cities receiving this data and he was not aware of any A~orney General's opinion. The City Attorney clarified that his opinion was based on the 14 CITY COUNCIL MINUTES April 14, 1997 memorandum he prepared advising that the City Council is legally entitled to have access if they pass the resolution under the criteria initially stated. At Councilmember Jones' request, the City Manager advised that the City of Campbell provided this information to the City Council on an annual basis for evaluating revenue projects and the importance of certain businesses in the community for the economic development program. The Finance Director explained the difference between alternative actions I and 3. Councilmember Keenan said he has spoken with a Finance Director from another city who said they do not have a policy, but the information is discussed with City Councilmembers. He has also spoken with City Councilmembers at the League meetings who are also privy to this information. He said Susan Linde left a letter that he wouldn't mind reading into the record. He referred to the Ordinance 958 which is in place. It is very restrictive and he felt very strongly about it. He then read MS. Linde's letter in which she defines, "Special Interest as a person or group seeking to influence legislative or government policy to further often narrowly defined interests;-'Webster's Dictionary.' I find it highly ironic that individuals are here in opposition of disclosing the top sales tax revenues, when as consultants working in the private sector, they already have this information and use it to meet their 'special interest,' personal needs. A conflict of interest definitely exists here, but not against the City Council. Any publicly traded company has an obligation to disclose this information to anyone that walks-in off the street and requests it. So why are these individuals making it such an issue for our Council to have the same access? AS elected officials of our community, you are accountable to make responsible business decisions on our behalf. The city budget rests on your shoulders and with that responsibility, loss in revenue will generate loss in services, and all of us know it's the children and senior programs that are cut first, with staffing and the police department next. Perhaps, if the prior Council had this information available to them, the city wouldn't have needed to lay-off city and maintenance staff a few years back and as recently as last June with the closing of the 'Teen Center' when Mr. Essex was City Manager. Which business or subsidiary left the city that caused the loss in revenues? And could you have influenced them to remain in the city? I believe the answer to this is yes! I don't believe any of us want to see any further cuts, nor do we want to pay a utility tax or see an increase to current city taxes, just to keep the programs we have. To insure the continuity of city government and community programs, it is not an unreasonable business request for this Council to have access to the top revenue producing companies. I did not agree to or elect "Special Interests" to run my city, nor should they be given the power to do so. May I remind everyone, Community is comprised of both business and citizens, and decisions should be made on what is really best for everyone comprising the Community." Councilmember Bowman said that in fairness, the letter from Susan Linde's employer, Pacificare, should be read into the record, stating their opposition to the Resolution. "Honorable Mayor Carroll and Members of the City Council. We very much support the efforts of the Cypress Economic Council in questioning the need for the City Council to assess detailed and confidential tax information on behalf of small and large business owners. Council currently has access to general sales tax information in order to generate budget revenue projections, supplementing this with detailed and confidential tax records may put some businesses at a competitive disadvantage if confidentiality is not maintained. I'm not aware that this policy exists in other Southern California locations in which Pacificare has large bases of employment and personally, as a Certified Public Accountant who has represented small and large business owners on confidential tax matters, I do not encourage a policy that provides for the distribution of confidential information." Mayor Carroll said that he would still like the parameters to be the top ten producers, increments of $100,000 as the basis of discussion because the Council is interested in what major change is about to occur. Councilmember Bowman remarked that the Council gets a list of the 40 top retailers now and it is important to have this information for the retention of present businesses that are the top producers. The Council has made real efforts, through the Chamber of Commerce, to have business breakfasts and other meetings with the top producers so any problems could be addressed. These people have sent this Council letters that they don't want their sales tax information revealed. Councilmember Piercy reiterated that the businesses are part of the Cypress community and they have come out loud and clear that they are not in favor of Council reviewing 15 CITY COUNCIL MINUTES April 14, 1997 confidential sales tax records. They do not want their exact figures known. Are we going to listen to our community; we have listened to the private citizens and we should listen to the business citizens also. She said she didn't see where Council needed the specific and the City is not in danger of losing business and it is unnecessary. Councilmember Jones said she had first raised this issue months ago and part of the reason for wanting to understand the sales tax issue was to obtain additional information on what could impact the City's revenue. She said she does not need to know the exact number. This information is not going to be publicized, it is amongst five Councilmembers that have been elected to look to the best interests of the City. She felt that the City was at risk from a revenue standpoint due to the type of revenues that are being brought into the City and, for that reason, she believed more detailed information was needed. Mayor Carroll remarked that he has thought about this issue for a long time and it seems that the rules of responsibility and culpability have changed. He has read all the letters and all the letters have addressed the need to know, confidentiality and conflict of interest. He referred to the April edition of Forbes magazine that had statistical information on many companies. The age of secrecy is gone and people who want the information can get it. He felt that each of the concerns of the business community had been addressed. Councilmember Jones said, from a banking point of view, she did not see a conflict of interest in receiving sales tax information. Any Councilmember that might have a conflict of interest would excuse themselves from the discussions. Councilmember Piercy remarked that the City Manager and the Finance Director have this information and they are the staff that works with that information. This type of information doesn't mean anything to her, the parameters are fine and the Council has staff to rely on who understands those figures. Councilmember Jones agreed that not getting the specific information is important and would satisfy a lot of the business community's complaints. She also agreed with the passing the resolution because it would restrict the information to the top ten and would remain highly confidential. She suggested that the resolution be changed to reflect that the information provided would be in increments of $100,000. The City Manager advised that the resolution reflects the five parameters suggested by Mayor Carroll and a sixth parameter could be added indicating that information would be provided within $100,000. Councilmember Piercy clarified that in 1), "Actual" would be changed to "Approximate." Items 2, 3, and 4 to remain as is. Mayor Carroll suggested that Item 5 be changed to read, "The City Manager may decide if a Conflict of Interest exists with a Council Member with the advisement of the City Attorney." Responding to a question from Councilmember Bowman, the Finance Director provides the data by geographical areas, with a breakdown of the Business Park and Lincoln Avenue. The information is by major categories. Councilmember Bowman stated that Council is provided information on the top 40 sales tax producers on a quarterly basis and he does not know why more information is needed. He will not support the item. Mr. Mike Gritchen, 11619 Malden Street, Cypress, believed that most of the City Council has the integrity to handle the sales tax information confidentially. This valuable information is necessary for any intelligent planning and is needed to determine the city's path. Most of the people that signed the petition presented by Yamaha really had little to do with a fair amount of sales tax. He didn't understand the reluctance to make this information available. At Councilmember Bowman's request, the Finance Director clarified that the Business Park is a significant sales tax producers and it is over 36%. Mrs. Kathy Simcox, 6143 Trinidad Street, Cypress, said that she had sent a letter previously. The Council was elected to represent the people and if Shaw does not produce the tax revenue promised, the City doesn't owe the $3 million. It takes a checks and balance system and if the Council requests information, it should be given to 16 CITY COUNCIL MINUTES April 14, 1997 them. The City needs to bring in good businesses into the City that do generate tax revenue and are appropriate for the area. Mrs. Gall Kerry, 5196 Edgemont Circle, former Councilmember, expressed concern about the Council's review of sales and use tax information. The previous Council did not need to know numbers or ranges and those past practices were very successful. The list could be reduced from the top 40 to the top 20 and anytime there are dramatic changes, the Finance Director informs the Council. Conflicts of interest can always arise and with possible data leaks, citizens will immediately presume a conflict and asked that the Council not give them the opportunity to accuse the Council of illegal activities. It was moved by Councilmember Jones and seconded by Councilmember Keenan to adopt the attached Resolution by title only, title as follows, authorizing the City Council to review Confidential Sales and Use Tax information from the State Board of Equalization within the following parameters, including those changes suggested by the Council. Councilmember Keenan recommended changing the word "specific" to "general," in the fourth paragraph so that the words "specific" and "actual" are stricken from the ordinance. Mayor Carroll advised that he would be voting in favor of the Resolution because the need to know for the future management of this City is greater than surreptitious secrecy of the companies. Approximate Sales and Use Tax dollar information be restricted to the top 10 producers, plus any business that has received benefits from the City contingent on Sales Tax payments to the City. o Data does not leave the room but stay in custody of the City Manager or Director of Finance. All Council Members reviewing the confidential sales tax data sign a "Will not discuss this data with any person not authorized to have it" each time data is reviewed. o Penalty for improper disclosure will be specified and acknowledged by signature of each Council Member at each sales tax review. o The City Manager, with the advisement of the City Attorney, may decide if a Conflict of Interest exists with a Councilmember. o Sales and use Tax generated by businesses will be provided within ranges of $100,000. RESOLUTION NO. 4781 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, TO AUTHORIZE THE CITY COUNCIL TO REVIEW CONFIDENTIAL RECORDS RELATING TO SALES AND USE TAX INFORMATION FROM THE STATE BOARD OF EQUALIZATION OF THE STATE OF CALIFORNIA UNDER CERTAIN PARAMETERS. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Jones, Keenan and Carroll 2 COUNCILMEMBERS: Bowman and Piercy 0 COUNCILMEMBERS: None URGENCY ORDINANCE TO CREATE A MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF CONDITIONAL USE PERMITS AND BUILDING PERMITS FOR AUTO-RELATED USES WITHIN THE LINCOLN AVENUE SPECIFIC PLANT STUDY AREA: The Community Development Director summarized the staff report indicating staff was directed to prepare an Urgency Ordinance which would create a moratorium on the acceptance and processing of conditional use permits and building permits for auto-related uses within the Lincoln Avenue Specific Plan Study Area due to the threat to the pubic health, safety or welfare posed by these uses. The Ordinance would create a moratorium for a period of 45 days as authorized by Section 65858 of the California Government Code. Ten days prior to the expiration of the 45 day period, a report shall be provided describing the measures taken to alleviate the condition which led to the adoption of the ordinance. As drafted, the Urgency Ordinance would stay the processing of any application received after March 24, 1997. Applications received by March 24, 1997 would not be affected by this Ordinance. 17 CITY COUNCIL MINUTES April 14, 1997 Councilmember Bowman commented that there seems to be a mind set that automotive uses are a bad thing and it needs to be determined how auto-related uses can fit into the community aesthetically. Mayor Carroll remarked that it is the design criteria that make the difference, along with the streetscape. Councilmember Jones said that it is not just design, it is the fumes and the overwhelming number of auto-related uses. In addition to their report, she asked staff to incorporate some tools for the Council to understand what blight means and factors that contribute to blighted areas. Councilmember Keenan agreed with Councilmember Jones and proposed an aggressive Code Enforcement program requiring businesses to adhere strictly to the rules. It was moved by Councilmember Jones and seconded by Councilmember Keenan to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance enacting a Moratorium on the acceptance and processing of conditional use permits and building permits for auto-related uses within the Lincoln Avenue Specific Plan Study Area. ORDINANCE NO. 961 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ENACTING A MORATORIUM OF THE ACCEPTANCE AND PROCESSING OF CONDITIONAL USE PERMITS AND BUILDING PERMITS FOR AUTO-RELATED USES IN THE LINCOLN AVENUE SPECIFIC PLAN STUDY AREA. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None Due to the lateness of the hour, it was moved by Councilmember Keenan 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: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None. ADOPTION OF RESOLUTION OF SUPPORT OF AB 769 - CONSOLIDATION OF THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY: The City Manager noted that personnel from the Orange County Sanitation District had made a presentation earlier in the meeting describing their proposal to consolidate the existing nine districts into one sanitation district. The goal of the consolidation is to simplify governance structures, reduce the size of the board, ease administrative processes, streamline decision making procedures and consolidate some accounting and auditing functions. Special legislation is necessary to create the most effective governing structure for the consolidated district and has been introduced into the State Assembly as AB 760 (Baugh). The proposed consolidation would have no impact on service levels or rates for Cypress residents, as revenue zones would be created to maintain existing rate structures. It was moved by Mayor Carroll and seconded by Councilmember Bowman to adopt the Resolution by title only, title as follows, supporting the proposed consolidation and AB 769. RESOLUTION NO. 4782 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, SUPPORTING THE CONSOLIDATION OF THE COUNTY SANITATION DISTRICTS OF ORANGE COUNTY. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 18 CITY COUNCIL MINUTES April 14, 1997 APPOINTMENTS TO THE TRAFFIC COMMISSION AND THE CULTURAL ARTS COMMISSION: Mayor Carroll referred to the staff report which advised that the Council had conducted oral interviews of applicants for the single vacancy on the Traffic Commission and the two vacant positions on the Cultural Arts Commission. He announced that MS. Holly Hassett has been appointed to the Traffic Commission and he read some of her qualifications for the position. The two appointments made by the Council to the Cultural Arts Commission were Alexandria Coronado and Paula English. APPROVAL OF AN ORDINANCE PROHIBITING THE PARKING OF COMMERCIAL VEHICLES OFF TRUCK ROUTES: The City Manager asked the Public Works Director to summarize the staff report which recommended an ordinance prohibiting the parking or driving of commercial vehicles off truck routes. This ordinance is needed so the Police Department can enforce the parking of large commercial vehicles on local streets. Currently the City Code has provisions that prohibit the driving of vehicles exceeding a gross weight of three tons off a truck route and the prohibition of parking of oversize/commercial vehicles between the hours of 2 a.m. and 6 a.m. However, there are no restrictions prohibiting the parking of commercial vehicles off truck routes during other times of the day. It was moved by Councilmember Keenan and seconded by Councilmember Jones to approve the first reading of the Ordinance by title only, title as follows, relating to the parking of commercial vehicles off truck route. Mayor Carroll asked for a six month review. Responding to Councilmember Keenan, the City Attorney clarified that there is no requirement for a grace period but the ordinance will be effective 30 days after the second reading and during that time the Police Department could give warnings. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADDING SECTIONS 16-61 AND 16-61.1 TO CHAPTER 16 OF THE CODE OF THE CITY OF CYPRESS, RELATING TO THE PARKING OF COMMERCIAL VEHICLES OFF TRUCK ROUTES. After additional discussion on parking, amount of the fine, moving violations and entrapment, Acting POlice Chief Krauss clarified that this ordinance would allow the Police to take immediate action when a commercial vehicle is off a truck route. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Councilmember Bowman desired this item go back before the Traffic Commission for their consideration of further penalties. The City Manager clarified that this item would be brought back before Council in six months and, at that time, Council can considered whether or not it should go back to the Traffic Commission for some alternative options. RESOLUTION ENDORSING THE PROPOSED ACTIONS BY THE COUNTY OF ORANGE TO UTILIZF EMINENT DOMAIN TO ACQUIRE NECESSARY RIGHT-OF-WAY FOR THE CONSTRUCTION OF PHASE ? IMPROVEMENTS FOR CYPRESS ACRES, PUBLIC WORKS PROJECT NO. 9131: The Public Works Director presented the staff report which indicated that the County of Orange is prepared to move forward with the construction of Phase 2 street and drainage improvements for the annexation area known as Cypress Acres pending some final right- of-way acquisitions. The County has determined that the proposed Phase 2 improvements cannot be built without this right-of-way and the County is prepared to ~lcquire this right-ot:-way through the use of eminent domain, if needed and the proposed resolution will provide the County with the needed authority. It was moved by Councilmember Jones and seconded by Mayor Carroll to adopt the Resolution by title only, title as follows, endorsing the proposed actions by the County of Orange to utilize eminent domain to acquire necessary right-of-way for the construction of Phase 2 improvements for Cypress Acres. RESOLUTION NO. 4783 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ENDORSING THE PROPOSED ACTIONS BY THE COUNTY OF ORANGE TO UTILIZE EMINENT DOMAIN TO 19 CITY COUNCIL MINUTES April 14, 1997 ACQUIRE NECESSARY RIGHT-OF-WAY FOR THE CONSTRUCTION OF PHASE 2 IMPROVEMENTS FOR CYPRESS ACRES. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None FIRST READING OF CITY-WIDE FILM ORDINANCE, REGULATING FILM PRODUCTION WITHIN THE CITY: The staff report was presented by the Community Development Director which described the City's current procedure of using Temporary Use Permits to regulate a number of activities in the City, including film production. Due to the complex and specialized nature of film production and the positive financial impacts the film industry can have on a City, the Orange County Film Commission has devised several strategies to make Orange County more film production friendly. One major strategy is the development of standardized permitting procedures for Orange County cities that do not currently have a film ordinance or would like to improve or streamline their process. It was moved by Councilmember Jones and seconded by Councilmember Piercy to approve the first reading of the Ordinance by title only, title as follows, regulating film production within the City and adopt the Resolution by title only, title as follows, establishing certain fees in the amount of $150.00 for a City Film Permit. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING SECTION 15G. "CITY-WIDE FILM ORDINANCE" OF THE MUNICIPAL CODE OF THE CITY OF CYPRESS, TO REGULATE FILM PRODUCTION THROUGHOUT THE CITY. RESOLUTION NO. 4784 A RESOLUTION OF THE CITY OF CYPRESS ESTABLISHING CERTAIN FEES FOR CITY FILM PERMIT. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ORDINANCE MODIFYING THE SPEED LIMIT ON WALKER STREET FROM THE NORTH CITY LIMIT TO CERRITOS AVENUE: The Public Works Director referred to the staff report which recommended an ordinance be adopted modifying the speed limit on Walker Street from the north City limit to Cerritos Avenue from 35 mph to 40 mph. This iS needed so the Police Department can use radar to enforce speeds on this section of Walker Street. The Traffic Courts have recently notified the City that for radar enforcement to be valid along Walker Street, the City must establish the speed limit within 5 mph of the 85th percentlie established by the 1994 speed survey. Councilmember Piercy commented that her first impression was against the proposed ordinance but now she understood the reasoning and this was one way to keep the speed down because there will be enforcement. Police Sgt. Dave Birozy was present to respond to questions from the Council and he replied to Mayor Carroll's question that the purpose of the ordinance was to slow traffic and the means of slowing traffic was with radar. Walker Street is the only street in the City where this situation occurs. He graphically demonstrated how the speeds have increased over the years on Walker Street, with a drop in 1989 because of motorcycle officers. Speeds increased between 1994 and 1996 when speed surveys were published and the Police Department stopped working radar. Radar is the tool that will accomplish the goal of slowing the speed of vehicles traveling on Walker Street. Sgt. Birozy answered questions from the Council. Councilmember Keenan commented that he had attended the Traffic Commission meeting where this issue was discussed and read a portion of a letter written by Susan Linde on increasing the speed and synchronizing the signals on Walker Street. 20 CITY COUNCIL MINUTES April 14, 1997 It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the first reading of the Ordinance by title only, title as follows, modifying the speed limit on Walker Street from the north city limit to Cerritos Avenue. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 16, ARTICLE XV, OF THE CODE OF THE CITY OF CYPRESS, MODIFYING THE SPEED LIMIT ON WALKER STREET FROM THE NORTH CITY LIMIT TO CERRITOS AVENUE. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Plercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None SCHEDULING OF A CYPRESS TOWN HALL MEETING: Mayor Carroll referred to the staff report in which the City Council, at the January 25, 1997 City Council/City Manager Retreat, had included the development of a multi-faceted citizen participation program as one of their workplan objectives. He suggested that a date be scheduled to hold a meeting from 7 to 8 p.m. under town hall rules with the citizens attending and asking questions. Councilmember Jones suggested that the meeting be conducted in less formal surroundings than the Council Chamber or the Administrative Conference Room. Councilmember Piercy recommended the Senior Citizens Center or the Community Center. Councilmember Keenan would like to recommend some topics for discussion. The City Manager suggested a date for the town hall meeting be the off-Monday of May 5, after the budget meeting, in the Community Center Auditorium at 7 p.m. It was moved by Mayor Carroll and seconded by Councilmember Jones to have the Town Hall Meeting in the Community Center Auditorium, Monday, May 5, 1997 at 7 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25444 - 25888: It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Warrant LiSt for Warrants NO. 25444 through 25888 in the amount of $1,698,414.73. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. No items were discussed. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. No items were presented. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Councilmember Jones asked if a proclamation could be issued to Tiger Woods, even though he is no longer a citizen of Cypress, and perhaps make a presentation to his parents. The City Manager advised that a proclamation could be presented if the Council desired. Mr. Mike Gritchen, 11619 Malden Street, Cypress, asked the Council to reconsider a change they made limiting public comment to one-half hour at the beginning of the Council meeting and to lengthen that process. He said that he believed that the City needed a Planning Commission because there are many items that can and should be 21 CITY COUNCIL MINUTES April 14, 1997 addressed bv a Commission. He also said that he had suggested to the City Manager that there be a department clearing house for setting the calendar and coordinating various activities throughout the City. He mentioned that the audio system does not carry to the back of the room and the microphones in the dais are not obvious to all the people who address the Council and it made it difficult for the people at home to hear. Councilmember Keenan commented that he attended the Women's Club Tea held last Saturday as a fund raiser to buy new picnic tables for the parks in Cypress. Mayor Carroll mentioned the Easter egg hunt sponsored by the American Legion and on April 14 at Arnold School there was a salute to the Police. There have been some D.A.R.E. pizza and hamburger lunches at the various elementary schools attended by Councilmembers. WRITTEN COMMUNICATIONS: FOr Matters NOt on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 12:30 a.m. to Monday, April 28, 1997 at 4:30 p.m. in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 22