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Minutes 97-04-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 28, 1997 The Regular Meeting of the Cypress City Council was called to order at 4:34 p.m., Monday, April 28, 1997, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor Tom Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Keenan, Piercy and Carroll Councilmember Jones AlSO present were the City Manager, Community Development Director, Finance Director, Public Works Director, City Planner, Redevelopment Technician and Consultant Woody Dike. WORKSHOP SESSION: LINCOLN AVENUE SPECIFIC PLAN: The Community Development Director introduced Mr. Woody Dike who presented a booklet to the Councilmembers on the Lincoln Avenue Specific Plan in response to the directives issued by Council previously. The booklet described each of the furnishings and a concept for different characters of furnishings which would result in continuity throughout the nodes along Lincoln Avenue corridor. The proposed timeframe for the completion of the projects was reviewed by the Community Development Director. MAYOR PRO TEM JONES ARRIVED AT 4:40 P.M. ECONOMIC DEVELOPMENT PLAN: The Redevelopment Technician, Jim DellaLonga, presented a brief overview of the draft Economic Development Plan and Councilmembers provided their comments for incorporation into the Plan. RECESS: Mayor Carroll recessed the Workshop Session at 5:50 p.m. to allow the Council to meet in the Council Chamber. The meeting reconvened at 6 p.m. with all Councilmembers present. Also present were the City Manager and City Attorney. The Mayor called the meeting to order and immediately recessed to a Closed Session to consider those agendized items of Conference with Legal Counsel on Existing Litigation (Government Code Section 54956.9(a), Workers Compensation Appeals Board Case No. ANO 0311488, Kathleen Tautkas; Conference with Legal Counsel, on one Anticipated Litigation case (Government Code Section 54956.9); Public Employee Release (Government Code Section 54957) and Liability Claim (Government Code Section 54961) Claimant Collier-Keyworth, Inc. (Ibarra Claim). The Council 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 members of Cub Scout Pack #295. Mayor Carroll commented on the passing of the City's L.A. Times Reporter, Bill Billiter, and the fine job he did for the city. Councilmember Keenan eulogized Mr. Billiter, his long and distinguished career in journalism and the many lives he touched. PRESENTATIONS: The Loyalty Oath was administered by the Deputy CitY Clerk and Certificates of Appointment were presented by Mayor Carroll to Newly Appointed Traffic Commissioner Holly Hassett and Cultural Arts Commissioners Alexandria Coronado and Paula English. BalSalion Chief Bruce Hunt received the "Fire Service Recognition Day" Proclamation presented by Mayor Carroll. Chief Hunt invited all the citizens to visit their local fire station's open house. Mr. Chris Sherrin, President of the Friends of Cypress Recreation & Parks, read the names of the 1997 Tree Donors in the community. Ms. Ann Perrin made a presentation from the Montessori School children to the City, which was accepted by Mayor Carroll. Ms. CITY COUNCIL MINUTES April 28, 1997 Laura Romero of the California Department of Forestry and Urban Forester for Southern California, presented the City of Cypress with the "Tree City U.S.A." Award. REVIEW OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized conversations held during the Workshop Session on the Lincoln Avenue Specific Plan and Economic Development Program. The City Attorney reviewed discussions held during Closed Session on the agendized items of existing and anticipated litigation, public employee release and liability claims. ORAL COMMUNICATIONS: Limited to One-Half Hour. Mrs. Kitty Gritchen, 11619 Malden Street, Cypress, thanked the Council for their prompt action on her request regarding the location of adult businesses in the City of Garden Grove. Mr. Bill Wostenberg, 4290 Livermore Place, Cypress, referred to the letter he had written the City Council on auto-related businesses. He hoped that the City Council would make a decision on a two-year moratorium on all auto-related businesses to provide sufficient time for citizen feedback. Councilmember Bowman referenced Item No. 20, Conditional Use Permit No. 97-3, on which he would be abstaining on the advice of the City Attorney; however, he felt that a similar situation had occurred because of an article in the NewsyEnterprise written by Councilmember Jones. He felt that the City Attorney should comment on the appropriateness of Councilmember Jones participation in that public hearing. Mayor Carroll said that when item No. 20 is heard, the City Attorney will address that issue. The City Manager recommended that Item No. 21, Conditional Use Permit No. 97-2, Home Depot Home Improvement and Garden Center, be heard first under public hearings. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to move Item No. 21 forward as the first public hearing. 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 CONTRACTS: REPLACE DAMAGED BLACK AND WHITE POLICE VEHICLE: Acting Police Chief Krauss summarized the staff report advising that one of the eight replacement black and white patrol cars was deemed a total loss after being involved in a traffic collision in March 1997. The request sought approval to award a contract to purchase a replacement vehicle for Unit 651. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to: Determine that it is in the best interest of the City to dispense with formal competitive bidding pursuant to City Code Section 21A-10(e) for the purchase of the replacement police vehicle; o Approve the replacement of Unit 651 with a 1996 Ford Crown Victoria Police Sedan under the Cooperative Purchase Provisions of LOS Angeles County Bid S-148 from Wondries Fleet Division, 1247 West Main Street, Alhambra, California 91801, in an amount not to exceed $21,145.94; o Appropriate $21,146.00 to Account Number 4377-90-659-39 (Police Vehicles - Replacement Fund) for a new vehicle; and o Approve transfer from the Public Liability Self-Insurance Fund in the amount of $21,146.00 to the Replacement Fund. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 2 CITY COUNCIL MINUTES April 28, 1997 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. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to approve the Consent Calendar Items No. 2 through 13. 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 Item No. 2: Motion to Approve City Council Minutes of April 7, 1997, April 8, 1997 and April 14, 1997. Recommendation: That the City Council approve the Minutes of April 7, 1997, April 8, 1997 and the Regular Meeting of April 14, 1997, as submitted. Item NO. 3: MOtion tO Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item NO. 4: Application for Alcoholic Beverage License Transfer Filed by House Foods America Corporation, D.B.A. Curry House, 10949 Meridian Drive, Cypress. Recommendation: Receive and file. Item No. 5: Proclaiming May 10, 1997, as "Fire Service Recognition Day." Recommendation: That the Mayor and City Council officially proclaim May 10, 1997, as "Fire Service Recognition Day" in the City of Cypress. Item NO. 6: Reappointment of Edward Kennedy to the Cultural Arts Commission and James Preston to the Recreation & Community Services Commission. Recommendation: That the City Council officially reappoint Edward Kennedy to the Cultural Arts Commission and James Preston to the Recreation and Community Service Commission, for another four-year term of office. Item No. 7: Approval of Plans and Specifications and Authorization to Advertise the Project for Bid for Ball Road Traffic Signal Interconnect, Public Works Project No. 9320. Recommendation: That the City Council approve the Plans and Specifications and authorize staff to advertise the project for bid for the Ball Road Traffic Signal Interconnection Project, Public Works Project No. 9320. Item No. 8: Design Review Committee NO. 97-5, Request to Install a Wall Sign for Players Choice, 9937 Walker Street; Design Review Committee No. 97-11, Request to Install a New Wall Sign Reading, "Loves," 5735 Lincoln Avenue; Design Review Committee No. 97-14, Request to Modify the Exterior Elevations of Cypress Land Company's Three Speculative Office/Warehouse/Distribution Buildings, Located at the Southeast Corner of valley View Street and Katella Avenue. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving Design Review Committee No. 97-5, Design Review Committee No. 97- 11, and Design Review Committee No. 97-14 with conditions. RESOLUTION NO. 4785 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-5 - WITH CONDITIONS. RESOLUTION NO. 4786 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-11 - WITH CONDITIONS. 3 CITY COUNCIL MINUTES April 28, 1997 RESOLUTION NO. 4787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-14 - WITH CONDITIONS. Item NO. 9: Regional Grant Applications Under the California Oil Recycling Enhancement Act and California Integrated Waste Management Act. Recommendation: That the City Council Adopt the Resolution by title only, title as follows, authorizing the submission of grant applications to the California Integrated Waste Management Board. RESOLUTION NO. 4788 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. Item NO. 10: Legislation and Other Issues for Council Support or Opposition. Recommendation: That the City Council authorize support of the League of California Cities' position in support of Assembly Bill 1296 (Morrow), relating to adding skateboarding to the list of hazardous recreational activities for which local governments enjoy limited liability protection. Item No. 11: Monthly Investment Program for the Month of March 1997. Recommendation: Receive and file. Item No. 12:1997-98 Capital Improvement Program General Plan Consistency Finding. Recommendation: That the City Council make the finding that the 1997-98 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 1993 Update, as required by Government Code Section 65103(c). Item No. 13: Transfer of Funds to west-Comm Project Account for Payment of Capital and Operating Expenses. Recommendation: That the City Council: 1) Approve the creation of fund number 70 and program numbers 900 (Operations) and 901 (Capital Projects) for the West-Comm project; 2) Approve the appropriation of Account Number 4187-11-467-24 with a total of $85,941.00 by the transfer of $59,197.00 from the unreserved fund balance of the General Fund and $26,744.00 transfer from Account Number 4470-90-656-35; 3) Authorize the City of Cypress' Finance Director to perform all necessary financial tasks and functions related to the operation of West-Comm; and 4) Authorize the City of Cypress' Finance Director to transfer all necessary and negotiated fixed assets from the City ot: Cypress to West-Comm. END OF CONSENT CALENDAR ORDINANCES (Second Reading): It was moved by Councilmember Bowman and seconded by Councilmember Keenan to order the following ordinance read by title only, title as follows, and to adopt the Ordinance adding Sections 16-61 and 16-61.1 to the Code of the City of Cypress. ORDINANCE NO. 962 SECOND READING OF 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. 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 4 CITY COUNCIL MINUTES April 28, 1997 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 adding City-Wide Film Ordinance to the City of Cypress Code. ORDINANCE NO. 963 SECOND READING OF 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. 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 It was moved by Councilmember Jones and seconded by Councilmember Piercy to order the following Ordinance read by title only, title as follows, and to adopt the Ordinance amending Chapter 16, Article XV, of the Code of the City of Cypress. ORDINANCE NO. 964 SECOND READING OF 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, Pierc¥ and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARINGS: 7:30 P.M. CONDITIONAL USE PERMIT NO. 97-2/VARIANCE NO. 97-3, HOME DEPOT HOME IMPROVEMENT AND GARDEN CENTER, FAST FOOD RESTAURANT, AND ROOF MOUNTED SATELLITE ANTENNA, AT 5792-5892 LINCOLN AVENUE: Mayor Carroll opened the public hearing. The City Manager called upon the Community Development Director to present the staff report, who advised two communications were received from the same person and an unidentified person asked about the restaurant site. Mr. Herb Andrews sent a letter expressing his views on the proposed development and that he was representing the tenants of Campus View Center. He felt that the City should have involved him in the discussions, indicated that he did not receive notice of the public hearing when his partnership received five notices. She read from Mr. Andrews letter, for the record, clarifying that, "...I'm not opposed to the project. I support having Home Depot locate next to Campus View Center. I had stated that I am opposed to the current site plan as it does not optimize use of the land or integrate the Campus view Center for Valley View Street access and reciprocal circulation." The Community Development Director then referred to the report which represented a request to construct a 129,802 square foot Home Depot home improvement and garden center and 3,035 square foot drive-thru fast food restaurant on the properties located at 5792-5892 Lincoln Avenue. Included with this application was a request for a variance to allow a roof mounted satellite dish antenna on top of the Home Depot building. As part of this request, the five subject properties will be combined into two parcels consisting of 10.08 acres for the Home DepOt building site and .78 acres for the fast food restaurant building site. The proposed uses are consistent with the CHLC Commercial Heavy Lincoln Avenue Combining zoning designation for the properties. In addition, the proposed buildings meet all development standards, except for the requested roof mounted satellite antenna, set forth in the Cypress Zoning Code. Findings can be made to justify the roof mounted satellite antenna. In accordance with the requirements of the California Environmental Quality ACt, a Mitigated Negative Declaration will be filed for this project. 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 received one phone call from Mr. Herb Andrews who informed staff that he objected to the project as proposed due to the location of the fast food restaurant at the east end of that site and his desire to see an additional retail building constructed on the site. CITY COUNCIL MINUTES April 28, 1997 In response to questions from Councilmember Bowman, the Public Works Director replied that the total trips generated by the project are 7,450 and a signal will be installed to serve K-Mart and Home Depot and is included as a condition. Councilmember Jones suggested that dense landscaping be planted to screen the parked cars. She mentioned there had been problems with day workers with facilities such as this. Councilmember Keenan said that this issue has come up in the minds of citizens and should be addressed publicly, if possible. The City Manager advised that he would meet separately with the City Attorney on the issue and respond back to the City Council. At the request of the Mayor, the Community Development Director explained the Environmental Study and Checklist, which are part of the California Environmental Quality ACt requirements. Mr. Francis Chu, architect with Greenberg Farrell Architects, thanked staff and volunteered to answer questions. He said that highest point of the building is over the entrance and is 40 feet. He also said that the City has very extensive landscaping requirements. He requested a modification to Condition NO. 46 to read, "A lot line adjustment or parcel map application combining the properties shall be required for this development prior to the issuance of any building permits. It needs to be recorded prior to issuance of any Certificate of Occupancy." The Community Development Director requested that there be discussions with the City Attorney prior to agreement and if it can be worked out, it will be done. The applicant agreed. Mayor Carroll asked if anyone wished to speak in favor of the application. Mrs. Kitty Gritchen, 11619 Malden Street, Cypress, complimented the project and her questions on the number of handicapped parking spaces and access from Home Depot to the post office were answered by staff. Mr. DOn Wesling, 11431 Anegada Street, Cypress, expressed the pleasure of spending his money at a Home Depot in Cypress. Mr. Ray Wozniak, 4480 Avenida Granada, Cypress, said he looked forward to a Home Depot in Cypress in order to keep sales tax revenues in the City. He felt that any day laborer problem could be controlled and the Home Depot was an asset to Lincoln Avenue redevelopment. Mr. Mike Gritchen, 11619 Malden Street, Cypress, expressed his support of the project. He said that 12 handicapped parking spaces was the minimum requirement and requested some additional handicapped parking. He received clarification on end trips. MS. Jane Wozniak, 4480 Avenida Granada, Cypress, supported this new business in Cypress. Mr. Bill Wostenberg, 4290 Livermore Place, Cypress, said that Home Depot has an excellent reputation for being community-minded and a very good neighbor. Mr. Rick Huttl, Cypress, said that Home Depot is a family-oriented business, running seminars on crafts for kids. He expressed concern about Lincoln being a busy street and asked Council to assure that kids cannot approach Lincoln Avenue from the parking lot. Mr. Jerry Sharber, 11615 Lakia Drive, Cypress, said that the Home Depot will generate retail traffic and create more businesses. Mrs. Jane Garvey, Barcelona, Cypress, was worried about the earthquake problem that operations of this type present. NO one else wished to speak in favor of or in opposition to the application. It was moYed by Councilmember Bowman and seconded by Councilmember Piercy to close the public hearing, approve the Mitigated Negative Declaration and direct staff to file a Notice of Determination and adopt the Resolutions by title only, titles as follow, approving Conditional Use Permit No. 97-2 and Variance NO. 97-3, subject to conditions. RESOLUTION NO. 4789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 97-2 - WITH CONDITIONS. 6 CITY COUNCIL MINUTES April 28, 1997 RESOLUTION NO. 4790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 13.4-4 TO ALLOW A ROOF MOUNTED SATELLITE ANTENNA ON THE ROOF OF THE HOME DEPOT HOME IMPROVEMENT CENTER - VARIANCE NO. 97-3. 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 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: The public hearing was opened by Mayor Carroll. The City Manager asked the Community Development Director to summarize the staff report which represented a request to construct a gas station and mini-market at 5931 Cerritos Avenue and 10461 Valley View Street. The development of the site will require the demolition of two existing commercial structures. Initially, the proposal included a car wash, lube & tune, gas station and mini-market and several noise studies were conducted because of the proximity to the Residential Single-Family Zone to the north of the site. As a result of the findings of the original noise study, community input and a public hearing, the applicant revised the site plan reducing the intensity of the project to reflect the current plan. The revised plan is a gas station and mini-market. While the proposed lot size has been reduced from 50,000 to 40,000 square feet, the architecture has not been altered from the original proposal. The revised plan complies with the development standards of the Commercial General Zone. The applicant is proposing a 24 hour operation for the gas station and mini-market, with no alcohol sales proposed. In accordance with the California Environmental Quality ACt, a Mitigated Negative Declaration will be filed on this project. The site was posted and notices were mailed to all property owners within a 300 foot radius. Mayor Carroll announced that he met with Mr. Hassan about two weeks ago to review the plans. Mr. Edgar A.K. Aramouni, Habitant Development Corporation, architect for the project, volunteered to answer any questions. He said that the project is 20 to 30 feet from the residences. Mayor Carroll asked if anyone wished to speak in support of the project. Mr. Jay McCall, 10428 Bedford Court, Cypress, said he was not in favor of a 24 hour operation, but he was not against the proposed project as currently presented. It is a good proposal and the neighbors have said they would accept a gas station and mini- market. Mr. Sal Hassan, applicant and owner of the proposed project, commented that his agreement with Chevron required the 24 hour operation and he explained how the night-time operation would be conducted. Mayor Carroll asked if anyone wished to speak in opposition to the project. Councilmember Keenan felt that the concerns of the neighbors were addressed through meetings, staff and the cooperation of the applicant. Ms. Sheila Tanaka, 10439 Rexford Court, Cypress, expressed her concern about the height of her brick wall because it appeared that part of it would be eight feet high and the other part six feet high. She wanted the entire wall eight feet high. The Community Development Director responded that the situation was discussed with Mr. Hassan in a meeting and he agreed to extend the wall. Councilmember Bowman recommended making the wall height a condition of approval. The Community Development Director advised that the conditional use permit runs with the land and they will enter it as a condition as he proposes it into the record. Mr. Hassan said he has discussed the wall with the neighbors, it has been agreed to demolish the existing wall on the entire parcel (374 feet) and to build an entire new wall. He also said that an agreement would have to be drafted indicating that the residents would maintain their side of the wall, he would maintain his side and he would not be responsible for any damages that occur from their side of the wall, i.e., landscaping, 7 CITY COUNCIL MINUTES April 28, 1997 water seepage, earthquakes. Another issue was the landscaping and the neighbors had agreed on the kinds of trees and bushes. Ms. Dariel Tom, 5925 Rexford Avenue, Cypress, commented on the binding agreement with Chevron on a 24 hour operation and the installation of bullet-proof glass might be another reason there should not be a 24 hour operation. Ms. JOyCe Baker, 5975 Rexford Avenue, Cypress, expressed concern with the 24 hour operation because there was a 24 hour operation across the street. The parking could be a problem because the spaces are not even a car length away from the wall. She asked if the adjacent parcel could be rezoned. It was moved by Councilmember Jones and seconded by Councilmember Piercy to close the public hearing, adopt the Mitigated Negative Declaration and adopt the Resolution approving Conditional Use Permit No. 96-17. Responding to Mayor Carroll, the Community Development Director advised that Condition No. 64 would address the block wall. RESOLUTION NO. 4791 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 96-17 - WITH CONDITIONS. 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 RECESS: Mayor Carroll recessed the meeting at 8:55 p.m. and reconvened at 9:10 p.m. with all Councilmembers present. CONTINUED PUBLIC HEARING BEFORE THE CITY COUNCIL REGARDING LIVE ENTERTAINMENT PERMIT FOR THE VIA MARIA RESTAURANT, 9969 WALKER STREET, CYPRESS: Mayor Carroll declared the public hearing open. The City Manager reported that on February 24, 1997, in compliance with the provisions of Section 9-9 of the Code of the City of Cypress, he directed certified mail, return receipt requested correspondence, be sent to the Via Maria ownership immediately suspending the Live Entertainment Permit and directing that a public hearing be held by the City Council on March 10, 19997 to consider the revocation of that permit. At the March 10, 1997 public hearing the City agreed to lift the suspension of via Maria's Live Entertainment Permit on all nights except Friday nights wherein Via Maria would continue to be prohibited from conducting live entertainment for a period of 30 days from March 10, 1997. As a result of the City's authorizing the limited release of the suspension for via Maria's Live Entertainment Permit, representatives from via Maria agreed to meet with the City Manager and the Chief of Police within the next 30 days to discuss further conditions on the Via Maria Live Entertainment Permit to which Via Maria was willing to comply with in an effort to mitigate further disruptive and disorderly conduct occurring on Via Maria's premises. The Acting Police Chief reviewed the conditions discussed with the owners of Via Maria on March 10, 1997 and the ensuing meeting with the City Manager and the Police Chief regarding additional conditions. Present in the audience were the Cypress Police Department Patrol Sergeants who were instructed to observe the occurrences on Friday nights at Via Maria since March 10. The Acting Police Chief then read the observations reported by the Sergeants during the past month. In response to a question from Councilmember Bowman, the City Attorney said, for the record, that Capt. Krauss did cite certain instances involving certain parking issues and urination by some persons. The Council needed to remember that those particular instances involving some of those violations had more to do with the conditional use permit and not necessarily the live entertainment permit. Mayor Carroll asked the Acting Police Chief if the proposed actions would ameliorate the possibility of a major problem. The Acting Chief responded that if the guidelines are strictly followed, it will help mitigate the problems that have occurred. Perhaps the loud music would have to be addressed as it appears to be a new issue. Dr. Rex Beaber, attorney, representing the owner of Via Maria, commented that virtually anything that he would say about what the City has done with Via Maria is likely to CITY COUNCIL MINUTES April 28, 1997 arouse ire and the best place to handle those comments is in another forum. He can only believe that a person that had a calculated intent to mislead, deceive or cause irrelevancies to be the basis of the City's action would even recite such a fact before the public. There is no reason to restrict live entertainment. Mayor Carroll interjected that the Council has allowed Via Maria to continue live entertainment for every night but Friday. Fridays are being discussed; the riot occurred on Friday. The discussion is what actions Mr. Blumenfeld will take to ameliorate the situation on Fridays. Mr. Beaber continued by suggesting that the time has come to allow Mr. Blumenfeld, subject to the existing conditions, to continue to have live entertainment seven days a week. Speaking on Mr. Blumenfeld's behalf, Mr. Beaber said that he agreed to obey any lawful determination made by the Council, including those three conditions. But, Mr. Blumenfeld is not willing to negotiate a settlement of the legal action that is pending between the parties. Mayor Carroll asked if anyone wished to speak in support of the reinstatement of live entertainment on Friday nights. Mr. Bill Wostenberg, 9240 Livermore Place, Cypress, said he was personally offended that someone would come to a Council meeting and bring an attorney to speak for them. It would be best if Mr. Blumenfeld addressed the City Council to make his case. The Mayor asked if anyone wished to speak in opposition to the reinstatement of the live entertainment permit. Mr. Dan Garvey, Barcelona Lane, Cypress, remarked that Via Maria is in his backyard and if those organizations that benefit from contributions from Via Maria want them in their backyard, fine. Via Maria used to be a restaurant and, in his opinion, it was no longer a restaurant but a sports bar. It seemed to him that everytime a business comes before the Council it gets what it wants and the homeowners come last. He asked that the Friday night live entertainment permit be terminated. Mr. Steve Craig, 9958 Barcelona Lane, Cypress, said that the noise from Via Maria wakes up his boys and scares his wife. He usually waits until the noise has continued for a half hour before he calls the police. He feels he is being assaulted by a wave of music. Mr. Jerry Sharber, 11615 Lakia Drive, Cypress, asked if Via Maria was in the business of selling live entertainment or alcohol, then there is a correlation between urination and live entertainment. Mr. Mike Gritchen, 11619 Malden Street, Cypress, suggested that Mr. Blumenfeld either stop selling liquor or put in more bathrooms. The hip hop music attracts a specific type of clientele. The Via Maria today has not existed for 15 or 20 years because the character of the establishment has changed considerably since Mr. Blumenfeld has owned it. He asked the Council to eliminate the type of music played on Friday nights. Mrs. Kathy Sirecox, 6143 Trinidad Avenue, Cypress, said that City Council meetings are for the citizens to speak and be heard. For Mr. Blumenfeld's attorney to demean the Acting Police Chief is despicable. If via Maria continues to create calls, then something needs to be done. Mr. Joe Mansolino, 9305 vista Bonita, Cypress, expressed concern about the agreements made and not being followed. Ms. Jane Wozniak, ~,~180 Avenida Granada, Cypress, commented that it is very interesting that certain citizens speaking against the project are those that still have a court appeal against the City. Mr. Don Wesling 11432 Anegada Street, Cypress, said that reflexes are not the best after drinking and it only takes a split second for something to happen. The security guards can't watch all the people all the time. The neighbors should not have to be afraid. Mr. Frank Cardona, 9785 St. George Circle, Cypress, commented that he stopped in the Via Maria parking lot about six mornings a week and almost always observes broken bottles and beer cans laying around. He no longer takes his evening walks in that neighborhood and he would like to see something done. Mr. Blumenfeld stated that he has added to his staff and members of the Cypress Police Department have told him that his security is fantastic and everything was positive. He CITY COUNCIL MINUTES April 28, 1997 addressed some of the allegations that had been made, such as, parking along the back wall, recycling of bo~les, public urination. He said he has done everything that the Council has asked him to do. Councilmember Bowman asked the City Attorney to explain the differences between the Live Entertainment and Conditional Use Permits. The City Attorney said that it was important to distinguish between the two permits and some of the activities reported by the Acting Police Chief really had no bearing on the Live Entertainment Permit and relate directly to the Conditional Use Permit. It the use itself causes conditions which jeopardize the health, safety and welfare of the community, the City Council does have a right to look into the Conditional Use Permit and take whatever actions are necessary to correct the problem. What is before the City Council is the Live Entertainment Permit; what can be before the City Council at some later date is the Conditional Use Permit. Councilmember Bowman expressed great concern about the threatened litigation against the Council and asked for a Closed Session. CLOSED SESSION: Mayor Carroll recessed the meeting at 10:05 p.m. and reconvened at 10:17 p.m. with all Councilmembers present. The City Attorney reported that the City Council held a Closed Session based on the following facts. The application is a public hearing for the live entertainment permit. Legal counsel for the applicant, as well as making references to the City Attorney earlier in the day, did make some references about some litigation that may exist between the city and the applicant. Based upon those representations both earlier and tonight, the City Council held a Closed Session in which he advised the City Council on the status or lack thereof of such litigation. Councilmember Bowman commented that there may not be a nexus between the live entertainment permit and the conditions the Police Department was citing that probably would apply more to the Conditional Use Permit. The concerns of the community appear to relate to the Conditional Use Permit, although the incident in February seemed to have been caused by the Live Entertainment. It was moved by Councilmember Bowman to approve the continuation of the Live Entertainment Permit with the existing terms and conditions and monitor the activity of the Via Maria as it concerns the terms and conditions of the Conditional Use Permit. Responding to Mayor Carroll, Councilmember Bowman clarified that the conditions he referred to were: Via Maria will require and strictly enforce dress code after 9:00 p.m. General attire will be pants, collared shirts tucked in pants. No hats, t-shirts, shorts and sandals will be permitted. o Via Maria will provide two uniformed security officers for outside the premises and four to six security officers inside. Inside security to be well dressed in white shirts, tie and optional vest. o Via Maria will continue to require cover charge from all of its patrons on Friday nights. Councilmember Jones mentioned the issues of assault, vandalism, littering, theft and use of controlled or regulated substances. She also mentioned the possibility of the issue of consumption of alcohol by persons under the age of 21. She asked the City Attorney if the hours of the live entertainment permit could be limited. The City Attorney advised that the Council does have the authority, based on conditions which arose to the suspension of the live entertainment, to impose an additional condition limiting the hours of operation. Councilmember Piercy said that when this issue was discussed previously, hours were mentioned and Mr. Blumenfeld felt that reduced hours would hurt his business. She suggested voting on this item now, conduct the additional monitoring suggested by Councilmember Bowman and she seconded Councilmember Bowman's motion. Councilmember Keenan said there has been no live entertainment at Via Maria on Friday nights for a number of weeks; therefore, there was an improvement and to limit the hours of operation on Friday night for the live entertainment would be a compromise. Councilmember Bowman stated that he would not amend his motion to continue the live entertainment permit because it is going to be reviewed again in July. At the same time, the City should be monitoring the conditions of the Conditional Use Permit. 10 CITY COUNCIL MINUTES April 28, 1997 Councilmember Jones commented that, without the live entertainment, there has been a substantial decrease in the criminal activity. She expressed disappointment that the motion wouldn't be amended. Mayor Carroll advised that he would vote in favor of the motion. Mr. Blumenfeld has proposed three conditions that would seem to be sufficient at this time, but hoped he would consider the noise. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: Bowman, Piercy and Carroll 2 COUNCILMEMBERS: Jones and Keenan 0 COUNCILMEMBERS: None CONTINUED PUBLIC HEARING REGARDING RE: APPLICATION FOR SPECIAL PERMIT- MR. LELAND WHITE, D.B.A. AUSTIN DIVERSIFIED PRODUCTS - DOOR-TO-DOOR SOLICITATION OF ALL PURPOSF CLEANER: Mayor Carroll opened the public hearing. The staff report was presented by the City Manager who advised that this Public Hearing had been continued from April 14, 1997 for additional information from staff and the applicant. Mr. Leland White, representing AUStin Diversified Products, has filed an application for a Special Permit to conduct the sale of an all purpose cleaner door-to-door in the City of Cypress. Mr. White has been notified to be present at the April 28, 1997 City Council meeting to answer any questions that the Council may have relating to this application. In accordance with Section 15-62 of the Cypress City Code, the City Council 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 on this matter are on file in the City Clerk's Office. The Affidavit of Posting of the Continuation of the Public Hearing is also on file in the City Clerk's Office. As of the writing of this report, no written communications have been received either in favor or in opposition to this application. The applicant, or a representative, was not present. Mayor Carroll asked if anyone wished to speak in support of the application. NO one spoke. He asked if anvone wished to speak in opposition. Mr. Jerry Sharber, 11615 Lakia Drive, Cypress, asked if this was the lemon-scented cleaner and he registered his complaint against the applicant because he presented a list of Mr. $harber's neighbors and purported that they had ordered from him. Mr. Henry Livingston, 5408 Hanover Drive, Cypress, said that this company has very pushv and arrogant people making the door-to-door sales. He felt that the hours of sales should be limited to 6 or 7 p.m. Councilmember Jones expressed concern about the community deriving any benefit from this service. Councilmember Bowman concurred and based on the comments from the citizens who spoke, there is reason to deny the application. Mayor Carroll said he would vote against the application because of public safety, there are commercial zones for conducting business and he would vote against it. It was moved by Councilmember Jones and seconded by Councilmember Keenan to deny the permit. The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll None None CONTINUATION 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 opened by Mayor Carroll. Councilmember Bowman stated that he will be abstaining from the vote on this issue because he has a financial conflict. He mentioned the issue 11 CITY COUNCIL MINUTES April 28, 1997 that he had brought up earlier in the evening regarding the article in the News- Enterprise authored by Councilmember Jones and asked the City A~orney to comment as to whether Councilmember Jones should also abstain from the vote on this public hearing. The City Attorney remarked that the question was presented as to whether the article submitted by Councilmember Jones to the News-Enterprise would constitute some established conflict of interest which would prohibit her from voting on this matter. On a purely legal basis only, he could not find a legal conflict of interest which would prevent Councilmember Jones from voting on this matter. Responding to Mayor Carroll, Councilmember Jones said the reason the letter was written was there had been a public hearing a month ago and the hearing was for the used auto lot at that location. Public record stated her reasons for her opposition to the project. She had encouraged the public to participate on both sides of the issue. COUNCILMEMBER BOWMAN LEFT THE DAIS AT 10:45 P.M. The City Manager asked the Community Development Director to present the staff report. The Community Development Director mentioned that she had just received two letters from Joyce Sully and Joyce Baker opposing the project. The City Council had copies of all other letters submitted on this project. There was a specific request from Anita BOillin to read her letter into the record. Copies of all letters have been received in the City Clerk's office and are made part of the record. Mayor Carroll said he did not wish the letters read. The report advised that Conditional Use Permit No. 97-3 was presented to the City Council at the March 10, 1997 City Council meeting. The motion to deny the application resulted in a 2 to 2 split vote (one Councilmember abstained). Therefore, no decision has been rendered on this item pursuant to the City Attorney and the applicant requested reconsideration. Included in the request letter are 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 10 to six for nighttime business hours and motion activated security lighting for after hours security. A catch basin will be provided for all surface water. 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. This item was presented to City Council at the April 14, 1997 Council meeting. Upon discussion of this application during the public hearing, Council chose to continue this project until the April 28, 1997 meeting because the applicant was not in attendance. 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. Notice of the public hearing was published, posted and mailed to all property owners within a 300 foot radius of the site. Responding to Mayor Carroll's question about staff's concerns, the Community Development Director replied that the concerns were, lighting and outdoor display, incompatible mixture of adjoining land uses, defective design, character of phvsical construction, economic maladjustment, irregular parcelization and deficient public improvements and facilities. Councilmember Piercy said that she considered a neat, organized, used car lot a higher and better use. The business has been there for 16 years, it is a good business and it has been upgraded. The question is does this proposed use fit because she couldn't see where the car lot would pose a problem. It is an improvement. Responding to Councilmember Jones, the Community Development Director explained "higher and better" use and l:he need to look at site specific as well as long term uses and coml~ine them. r nuncilmember Keenan referred to a letter received from the Acting Police Chief and ask~.d him to address the trends along Walker Street as far as traffic accidents. MAYOR CARROLL LEFT THE DAIS AT 11:08 P.M. AND RETURNED AT 11:13 P.M. The applicant, Nat Briganti and his architect, Mr. H. D. Robson, addressed and discussed some of the issues mentioned at the last meeting, such as, road testing down Bishop Street, writing service orders on Bishop Street, fencing around vacant lot, and oil on the sidewalk. 12 CITY COUNCIL MINUTES April 28, 1997 Mr. Robson apologized for having to leave the meeting April 14 and causing the continuance. He reviewed the tape and comments made at the public hearing by the citizens. Most of the issues appeared when ACtion Alignment asked for their new addition. They are not new issues. He then referred to minutes of the Traffic Commission meeting on the traffic conditions at ACtion Alignment and the Police Department's report on traffic accidents on Walker Street. He said that they were asking for a two year use of the property and Mr. Briganti would be willing to meet with the City Attorney and formulate a document stating that if redevelopment came in, he would vacate he property to a better use. Councilmember Keenan asked if the applicant had sent letters to the neighbors and his customers and the reply was in the affirmative. Councilmember Keenan referred to a letter that was directed to him by Mr. Martin Nishi on Ravari Drive in Cypress, who spoke in the applicant's favor. He has also met with the applicant, inspected the site and talked to the neighbors. Mr. Briganti clarified that as soon as the building is constructed, the main entry to the shop will be on Walker Street between Taco Bell and Action Alignment. He has written an employee handbook which is given to each new employee and everything is written out and made clear. After some additional questions of the applicant, it was moved by Councilmember Jones and seconded by Councilmember Keenan to continue the meeting past the hour of 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None Continuing with the public hearing, Mayor Carroll asked if anyone wished to speak in favor of the application. The following people spoke in support of the application on the asset of the business to the City, honesty of the applicant, condition of the Walker Street property, parking situations, density, redevelopment and zoning. Ms. Jo Dutro, 10002 St. Stephen Circle, Cypress Mr. Henn Isau, no address given, Cypress Mr. ROn Cathcart, no address given, Cypress Mr. Adda Turine, Bishop Street, Cypress Mr. Ed Flanders, no address given, Cypress Mr. Mark Komme, no address given, Cypress Ms. Elizabeth Louden, no address given, Cypress Mr. AI Alban, no address given, Cypress Mr. Gene White, no address given, Cypress Mr. Roberto Ramirez, no address given, Cypress Mr. Charlie Steffey, 5611 Citrus Court, Cypress Ivlr. Larry Westbrook, C&L Custom Jackets, Cypress Mr. Walter Bowman, 6086 Barry Drive, Cypress No one else wished to speak in favor of the project. Mayor Carroll asked if anyone wished to speak in opposition to the application. The following people spoke on the incompatibility with the surrounding residential area, traffic congestion, ingress and egress, deteriorating living conditions, safety of children, nature of the business and problems it will bring, accidents, increased speed limit on Walker Street, commercial zoning and cars backing down Bishop Street. Mr. Henry Livingston, 5408 Hanover Drive, Cypress Ms. Frances Willson, Bishop Street, Cypress MS. Kimberley Pruce, 5552 Bishop Street, read her letter and one from Barry Cannata, 5541 Camp Street, Cypress Ms. Verna Dodson, 5771 La Jolla Way, Cypress Verda, Bishop Street resident, Cypress MS. Debbie Rasmussen, Bishop Street, Cypress Ms. Sally Kaspar, 5582 Bishop Street, Cypress Mr. Richard Loera, 5571 Camp Street, Cypress Mr. Rick Huttl, no address given, Cypress Ms. Ellen Schneider, 5584 Bishop Street, Cypress Mrs. Kathy Simcox, 6143 Trinidad Avenue, Cypress Mr. Don Wesling, 11431 Anegada Street, Cypress No one else wished to speak. 13 CITY COUNCIL MINUTES April 28, 1997 Mr. Briganti commented that he was not aware of any complaints and if he were guilty of doing these things, that the City would have some record of the complaints to determine if there really is a problem. He said he was willing to sign an agreement to cease business in the redevelopment area if a developer has a different use. Mr. Robson reiterated that the property is currently zoned commercial, most of the accidents have been after hours at unsafe speeds, he is very concerned about safety in anything he designs and he keeps children in mind. If traffic can be eliminated through signage from driving down Bishop that would alleviate the problems. He noted that no one spoke against the project at the initial meeting on this project and 11 people spoke in favor. He also said that they have tried to find other pieces of property on Lincoln Avenue. It was moved by Councilmember Keenan to close the public hearing and hearing no objection, Mayor Carroll so ordered. Councilmember Piercy commented that she has heard the concerns of the people on Bishop Street, but the comments deal mainly with occurrences in the past. The street noise from Walker Street has steadily gotten worse over the last ten years and not conducive to building residential on Walker Street. Councilmember Jones remarked that there are uses that would be like commercial uses, such as, bookkeeping services, tax service and other consulting services that would not generate the traffic from the facility. It is important for the Council to take the role of moving the City into redevelopment and would like to see a project somewhat more compatible with the residential area. She said she would be voting no on this issue because she felt it was not appropriate and is incompatible with the residential uses in the area. Councilmember Keenan stated that he was in agreement with Councilmember Jones on a number of issues, especially the fact that Mr. Briganti has outgrown his facility. The project will improve the corner but he wished that Mr. Briganti had done more over the past several years to work with the neighbors because they are frustrated. He felt he had to rely on the opinion of staff and they have shown that this is not a consistent use. Mayor Carroll advised that a City has to set zoning determinations and laws that are consistent so people can rely upon them. The rules cannot be changed constantly because businesses do not like the uncertainty. The property has been zoned commercial for approximately ten years and more traffic would be generated from almost any other commercial venture. Any short term development on Walker will have to come from private enterprise. He would support the development of the used car lot and he did not agree with the staff recommendation. Prior to a motion, Councilmember Keenan expressed concern about the fact that there were 16 vehicles, with only five parking spaces. There are several things that need to be addressed before a motion is made. It was moved by Mayor Carroll to adopt a Finding of de Minimis Impact, approve the Mitigated Negative Declaration and adopt the Mitigation Monitoring Program and adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 97-3, subject to conditions, including the conditions that there will be no relocation expense to the City if the applicant is asked to relocate sometime in the future; that the permit be reviewed in two years; and no right turn out of either driveway onto Bishop Street. Councilmember Keenan suggested that there be no Sunday selling. He commented that he would like to see the enforcement of existing conditional use permits stepped up at the staff level. The Community Development Director referred to the March 10, 1997 staff report and the draft Resolution contained the conditions on relocation, restricts vehicle sales to a two year period at the end of which CUP 97-3 shall terminate, onsite lighting, number of vehicles on display, water quality management plan and test driving of vehicles. She then added Condition No. 46, tO the effect that customers for the auto repair are not parking on the used car lot. The City Attorney mentioned Councilmember Keenan's concerns on the hours of operation being incorporated into the draft conditions. Councilmember Keenan referred to Condition No. 35 which was amended to read, "Office buildings and uses adjacent to residential areas shall not be permitted to conduct business or hold office hours before 9 a.m. or after 7 p.m. daily, Monday through Saturday." RESOLUTION NO. 4792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 97-3 - WITH CONDITIONS. 14 CITY COUNCIL MINUTES April 28, 1997 Councilmember Anna Piercy seconded the motion, which was carried by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: 3 COUNCILMEMBERS: Keenan, Pierc¥ and Carroll I COUNCILMEMBERS: Jones 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Bowman COUNCILMEMBER BOWMAN RETURNED TO THE DAIS AT 12:45 A.M. Responding to Mayor Carroll, the City Manager reported that there was one additional public hearing scheduled for this evening; however, the applicant, prior to this meeting, requested that the Item No. 22, Conditional Use Permit NO. 97-1, be continued without a date certain to allow for modification. If agreed to, staff will renorice and return to the City Council at an appropriate time. Due tO the lateness of the hour, the following items were continued to the City Council Meeting of May 12, 1997: Item NO. 25, A Resolution Making Certain Findings in Connection with a Disability Retirement Application, Item No. 23, AdOption of the 1997-2004 Capital Improvement Program for the City of Cypress and the Cypress Recreation and Park District, Item NO. 24, Acceptance of Letter of Resignation from Mr. Lincoln A. Castro Serving as the City's Representative on the Board of Trustees of the Orange County Vector Control District, Item NO. 26, Review of Options for Rotation of Mayor and Mayor Pro Tempore Positions, Item NO. 27, Recommendations from the Joint City Council/Cable TV Commission Meeting Regarding a Revision of Name and Duties Resulting in Proposed Changes to the Commission as Proposed in the Ordinance to modify the Cypress City Code, Item No. 28, Changing the Street Name of the 5500 Block of Mildred Circle to Kanel Circle, and Item NO. 30, the Recreation & Park District Matter of Mission Statement for Formation of an Adult Day Care Task Force to Research the Need for an Adult Day Care Program/Facility and Funding Alternatives. The Community Development Director clarified that Item NO. 22. Conditional Use Permit NO. 97-1 be continued to May 12, 1997. It was moved by Councilmember Bowman and seconded by Mayor Carroll to continue the item to the 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 CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25889 - 26100: It was moved bv Mavor Carroll and seconded by Councilmember Bowman to approve the Commercial Warrant list for Warrants No. 25889 through 26100 in the amount of $599,126.83. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll o COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. NO matters were presented. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. No one spoke. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented. 15 CITY COUNCIL MINUTES April 28, 1997 ADJOURNMENT: Mayor Carroll adjourned the meeting at 1:00 a.m. in memory of Bill Billiter to Monday, May 5, 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 16