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Minutes 97-07-14MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUly 14, 1997 The Regular Meeting of the Cypress City Council was called to order on Monday, July 14, 1997 at 4:45 p.m., 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 INTERVIEW SESSION: The City Council conducted oral interviews of the two applicants for appointment to the Orange County Vector Control District. WORKSHOP SESSION: Also present for the Workshop Session were the City Manager, Acting City Attorney Betty Burnett, staff members Angus, Christoffels, Storey and consultants Woody Dike, Ivy Landscape Architects and Karen Warner from Cotton/Beland Associates, Inc. Slain Ordinance/Political Signs The City Council was updated on the status of the Sign Ordinance and Political Signs, the conditions that exist, and the history of the proposed ordinance. COUNCILMEMBER JONES ARRIVED AT 5:20 P.M. North End Residential Study Ms. Karen Warner of CBI focused on the additional analysis done for each of the areas. The analysis involved design alternatives and standards for all areas and a financial feasibility study for the Density Inventive Overlay Zone redevelopment. Both of the workshop items will be returned to the Council for their consideration at a regular Council meeting. RECESS: Mayor Carroll recessed the meeting at 6:12 p.m. to enable the Council to continue the meeting in the Council Chamber. The meeting reconvened at 6:20 p.m. with all Councilmembers present. CLOSED SESSION: Mayor Carroll immediately recessed the meeting to allow the Council to enter into a Closed Session to discuss those agendized items of Liability Claim (Government Code Section 54956.95), Smick vs. City of Cypress and Public Employee Performance Evaluation (Government Code Section 54957), City Manager. The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, the Acting City Attorney and staff members Angus, Christoffels, DeCarlo, Justen, Krauss and Storey. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tern Jones. PRESENTATIONS: Mayor Carroll presented Community Service Plaques to Former Recreation and community services commissioners Nancy Trainer, Johnnie Perkins and Alfred Prevost. Festival Committee Chairman Karl Dash and Vice-Chair George Hallak, presented the Council with 1997 Cypress Community Festival memorabilia. REVIEW OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager summarized discussion on the two subjects in the Workshop Session on Sign Ordinance/Political Signs and North End Residential Study. The Acting City Attorney provided a brief review of the Liability Claim of Smick vs. City of Cypress, and the City Manager Performance Review will take place during discussion on Item NO. 14. CITY COUNCIL MINUTES July 14, 1997 ORAL COMMUNICATIONS: Mr. Frank Bryant, 26021 Pala Drive, Mission Viejo, spoke on behalf of the Ambulance Association of Orange County and Medix Ambulance. Medix has contracted with the City of Cypress for several years and provided very high quality, prompt service. He referred to the Orange County Fire Authority staff proposal to seize, without competitive bidding, the 911 ambulance transport service that Medix has provided to Cypress. He advised that the City would probably be receiving a communication soon from the OCFA accusing ambulance companies of not doing their job. Mr. E. E. Schworck, BOX 3306, Quail Valley, was advised that his item was on the agenda. MS. Jane Wozniak, 4480 Avenida Granada, Cypress, spoke about the treatment of non- profit organizations and the various endeavors they engaged in to obtain their funding. She mentioned the groups that were supported by these non-profit organizations. She said that the proposed dinner for the Commissioners was a precedent that should not be set. Mr. Don Wesling, 11431 Anegada Street, Cypress, referred to his question about the safeguards the City of Cypress has for its trash hauler and what the contract allows on recycling. He mentioned the newspaper article about the intersection of Valley View Street and Katella Avenue. Responding to Mayor Carroll's inquiry on the disposal agreement, the City Manager would provide specific conditions of the contract and advise Council. The City does not have the same type of contract as those cities under controversy and Cypress does have audit procedures. Councilmember Bowman said he had written the Fair Political Practices Commission and received a response to his question of addressing the Council as a private citizen when abstaining on an item. He read the summation and advised that he had copies of the response from the FPPC available. Mayor Carroll commended the City Manager for negotiating an agreement with the City's trash hauler to dispose of the waste at the County landfill for a much lower cost. AWARD OF CONTRACTS PAVEMENT REHABILITATION OF VALLEY VIEW STREET FROM BALL ROAD TO SOUTH CITY LIMITS, KATELLA AVENUE FROM MCDONNELL DRIVE TO VALLEY VIEW STREET AND KATELLA AVENUF FROM HOPE STREET TO HOLDER STREET, PUBLIC WORKS PROJECT NO. 964g: The City Manager asked the Public Works Director to present the staff report which consisted of an award of contract to remove and replace damaged asphalt pavement and asphalt concrete on Valley View Street from Ball Road to South City limits, Katella Avenue from McDonnell Drive to Vallev View Street and Katella Avenue from HOpe Street to Holder Street. He advised that a portion of this work is in the City of Buena Park. The City of Cypress is the lead agency and Buena Park has agreed to reimburse the City for all costs associated with Valley view Street in their city. It was moved by Councilmember Bowman and seconded by Councilmember Jones to: Determine the lowest responsible bidder for Public Works Project No. 9649 to be Industrial Asphalt; and o Award a contract for 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 to Industrial Asphalt, 1357 W. Foothill Blvd., Azusa, California 91702, in the amount of $639,166.60 (award amount of $555,797.04 plus 15% contingency). 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 CROSSING GUARD SERVICES TO ALL CITY MANAGEMENT: The City Manager requested the Acting Police Chief to present the staff report advising that in June of 1997, the Cypress City Council approved the transfer of the crossing guard function to a private company, All City Management. As part of that agreement all personnel who had been employed by the City of Cypress as crossing guards were offered employment with All City. After one year, the Police Department was satisfied with the services of All City and would 2 CITY COUNCIL MINUTES JUly 14, 1997 request renewal of the crossing guard contract for an additional two years. All City Management is the only company that specializes in crossing guard services. For the first year of the contract, the cost to the City will be $9.97 per hour, not to exceed $125,913.00. FOr a second year, All City has proposed a rate of $10.47 per hour, which is a 5% increase, a portion of which would cover administrative costs. Mayor Carroll stated that he didn't like this proposal when it was introduced initially and he liked it less now. He would be voting "No" because the principle and concept for contracting out was wrong. There followed discussion on direct and indirect costs, recruitment and turnover. It was moved by Councilmember Jones and seconded by Councilmember Piercy to dispense with formal competitive bidding pursuant to City Code, Section 21-A-10C,D,F and award a contract for two additional years of crossing guard services to All City Management Services, Inc., 1749 South La Cienega Blvd., Los Angeles, California 90035, in an amount not to exceed $128,928.00 per year. However, she requested that the contract language be amended so that bids will be solicited at the end of the contract period. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Jones, Keenan and Piercy NOES: I COUNCILMEMBERS: Carroll ABSENT: 0 COUNCILMEMBERS: None AWARD OF CONTRACT FOR THE REPLACEMENT OF BALL FIELD LIGHTING AT OAK KNOLL PARK, PUBLIC WORKS PROJECT NO. 9708: AS requested by the City Manager, the Public Works Director summarized the staff report addressing the replacement of the ballfield lighting at Oak Knoll Park for which four bids have been received. The proposed new lighting will eliminate the glare for the adjoining properties and save on energy costs. Mayor Carroll asked to see the current light measurements as compared to the measurements in the job specs, which the Public Works Director will supply. If the contractor doesn't perform, then they shouldn't get paid and that should be understood. It was moved by Councilmember Bowman and seconded by Councilmember Jones to award a contract to Electro Construction Corporation, 3021 Rowena Avenue, Los Angeles, CA 90039, in the amount of $152,900, for the replacement of ballfield lighting at Oak Knoll Park, Public Works Project No. 9708. 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 AUTHORIZATION TO PURCHASE USED SEWER INSPECTION VIDEO EQUIPMENT FROM ABC SERVICE IN THE AMOUNT OF $22,000: The Public Works Director summarized the staff report, which advised that the 1997-98 sewer budget included funding for the joint purchase of sewer video inspection equipment by the cities of Cypress and Seal Beach. This equipment will be used by both cities to inspect the conditions of sewer mains that cannot be examined by any other means. The equipment has been examined and both cities believe the price of $22,000 is reasonable. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to: Authorize the purchase of used sewer inspection equipment from ABC Service, 5761 E. La Palma, Suite 142, Anaheim, CA 92807, in the amount of $22,000, plus any applicable taxes. o Authorize the City Manager to enter into a cooperative agreement with the City of Seal Beach for funding of half the purchase price, joint use of the equipment and maintenance provisions. 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 CONSENT CALENDAR: CITY COUNCIL MINUTES July 14, 1997 All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Mayor Carroll asked that Item No. 15, Approval of Temporary Lieutenant Position in Investigations (Six Months) be removed from the Consent Calendar. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to approve the Consent Calendar Items NO. 5 through 16, with the exception of Item No. 15. 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 Item NO. 5: Motion to Approve City Council Minutes of June 20, 1997 and June 23, 1997. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of June 20, 1997 and the Regular Meeting of June 23, 1997. 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: Application for Alcoholic Beverage License Transfer Filed by Khalid Ibrahim zayyid, D.B.A. K & B Market, 4461 Cerritos Avenue, Cypress. Recommendation: Receive and file. Item NO. 8: Proclaiming August 16, in 1997 and in Each Successive Year, as "Airborne Day" in the City of Cypress. Recommendation: That the Mayor and City Council officially proclaim August 16 in 1997 and in each successive year, as "Airborne Day" in the City of Cypress, as requested by the 82n~ Airborne Division Association, Orange County Chapter. Item No. 9: Amendment to Design Review Committee No. 86-21 - Modification of the Parking Lot Area of Existing Sony Building, 10833 Valley View Street. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving an Amendment to Design Review Committee No. 86-21 - with conditions. RESOLUTION NO. 4824 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN AMENDMENT TO DESIGN REVIEW COMMITTEE NO. 86-21 - WITH CONDITIONS. Item No. 10: Legislation and Other Issues for Council Support or Opposition. Recommendation: That the City Council authorize support for Senate Bill 854 (O'Connell), relating to the restoration of property taxes for transit districts in the counties of Orange, Marin, San Joaquin and Santa Barbara. Item No. 11: Acceptance of the Emergency Generator at the Maintenance Yard, Public Works Project No. 9644, Request for Quotation No. 9697-8. Recommendation: That the City Council: 1) ACCept the project for Installation of an Emergency Generator at the Maintenance Yard, Public Works Project No. 9644, as being satisfactorily completed in substantial conformance with the project specifications; 2) Approve the final retention pavment of $4,818.00 to Penguin Engineering Co., 622 Angus Avenue, Orange, CA 92668, 35 davs after the Notice of Completion is filed, if no claims or objections have been filed, upon the Director of Public Works' concurrence; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon the concurrence of the Director of Public Works. Item No. 12: Acceptance of Parcel Map NO. 96-121, Property Located at Northwest Corner of Katella Avenue and Walker Street. Recommendation: That the City Council approve Final Parcel Map NO. 96-121, and authorize the City Clerk to sign the Record Map. CIT~ COUNCIL MINUTES ' JUly 14, 1997 Item NO. 13: Adoption of Resolution Establishing Salary and Benefits for Top Management Positions. Recommendation: That the City Council move to adopt the Resolution by title only, title as follows, establishing salary and benefits for top management positions effective June 27, 1997. RESOLUTION NO. 4825 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, RESCINDING RESOLUTION NO. 4661 AND ESTABLISHING SALARY RANGES AND BENEFITS FOR TOP MANAGEMENT POSITIONS. Item No. 14: Amendment to the City Manager's Employment Agreement. Recommendation: That the City Council approve the Amendment to the City Manager's Employment Agreement:. Recreation & Park District Matters: Item No. 16: Approval of Cypress Recreation and Park District Custodian Position to Replace One MWI Position and, the Transfer of $32,000 From the District's Community Center Maintenance ACCOUnt (302) to the District's Custodial Account (319). Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the addition of one Custodian position to the Cypress Recreation and Park District budgeted positions and eliminate one Maintenance Worker I position from the City's budgeted positions; and 2) Transfer appropriation of $32,000 from ACCOUnt 4188-12-302-10 (Community Center Maintenance Other Contract Services Public) into the District's ACCOUnt 4001~12-319-10 Regular Salaries ($21,000), and in the District's Account 4006-12~319-10 Fringe Applied ($11,000). Reduce the Community Center Maintenance Program appropriation by $21,000 in 4001-11-232-08 (Regular Salaries) and $11,000 in 4006-11-232-08 (Fringe Applied). Regarding Item No. 15, Approval of Temporary Lieutenant Position in Investigations (Six Months), the City Manager explained the need for a Lieutenant to expedite the West Corem project, along with some operational changes and then temporarily promote a sergeant to a lieutenant's position. Mayor Carroll said that he did not object to this proposal on a temporary basis but wanted the public to hear why it was being done. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to approve a temporary Lieutenant position to fill the Investigations Lieutenant assignment vacated due to Lieutenant Weuve's temporary assignment to the West-Comm project. Temporary assignment to begin July 15, 1997 and end by January 14, 1998. 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 END OF CONSENT CALENDAR PUBLIC HEARINGS: CONTINUATION OF ORDINANCE AMENDING THE CYPRESS ZONING CODE BY ESTABLISHING LIMITED STAY PROVISIONS AND OTHER REGULATIONS FOR MOTELS: The Public Hearing was opened by Mayor Carroll. The City Manager asked Alice Angus, City Planner, to present the staff report on this item which was continued to allow further changes to be made to the draft Ordinance as requested by the City Council and to allow staff to provide additional information in response to specific issues that were raised. The Council had indicated their desire to have the draft Orclinance clarified so that many of the additional standards apply to all hotels/motels, not only those requesting the residential tenancy (long-term stay) provision. Staff had prepared two options: one would be similar to the original Ordinance and would add standards to the Zoning Code. The other would establish new hotel/motel permit requirements. Mr. Schworck had requested that the City Council consider an exemption for his property at 5732 Lincoln Avenue. Based on research and past documentation, staff has, and continues to consider this business a motel. Notices of this public hearing were published and mailed to the owners and managers of all hotels/motels prior to the June 9, 1997 hearing. Since this hearing was continued from that date, no additional notice was required, but staff has sent notice letters to all the owners and managers alerting them of the meeting date. CITY COUNCIL MINUTES July 14, 1997 Mayor Carroll asked if anyone wished to speak on this item. Mr. E. E. Schworck, Box 3306, Quail Valley, said he had asked for an exemption from this ordinance previously because it was impractical for him to provide maid service for unfurnished units. Councilmember Jones expressed concern about calling Mr. Schworck's property a motel because it couldn't be called anything else. However, in order to have long-term stays, the building would have to have 75 units and he has never paid Tenancy Occupancy Tax (TOT). Responding to Councilmember Jones, the Acting City Attorney advised that the non- payment of TOT may properly be discussed under an agenda item of active/proactive code enforcement. There followed a discussion on the packets mailed out on TOT to Mr. Schworck, the motel classification and long term tenancy. Mr. Bart Howard, Regional Operations Director for Homestead Villages, Inc., 205 Koch Road, Corte Madera, voiced his approval of additional operating standards and he would support either Option I or 2. He mentioned the daily housekeeping requirement that would restrict their operation. The units do not require housekeeping more often than provided, which is once a week plus an additional linen service. He said this proposal would be economically devastating to their operation and he requested the Council to continue this item directing staff and the City Attorney to work with Homestead Village to arrive at a modified condition on housekeeping requirements. Responding to Councilmember Bowman, the City Planner said they had addressed Homestead Village's housekeeping concern by incorporating the wording Homestead had suggested on weekly housekeeping service on extended stays. Mr. Howard concurred that no more than 15% of the guests would stay longer than 30 days. Mr. Hadley, Cypress LOdge Motel, was present to obtain an understanding of the ordinance. He referred to the 15% limit on long term stays and advised that the problems for the police, City and motel owners are from short term stays or dailies. He felt that the conditions for long term stays should be reconsidered. Ms. Brenda Lesecki, Manager at Cypress Lodge Motel, said they do not allow more than four people to a room. They cater to the Los Alamitos race track people, have 43 kitchenettes and 61% of the people are long term stays. She did have a problem with the maximum of 15% long term stays. Councilmember Bowman suggested that a better mechanism be installed for the collection of the tenant occupancy tax. The concern of Homestead Village regarding housekeeping on a daily basis vs. a weekly basis be addressed. He believed the community had a right to extract certain requirements from the property owners. If they are going to be providing housing more similar to apartments than motels, they need to meet apartment standards. Councilmember Jones concurred, but expressed a concern about putting people out of business and some of these items need to be addressed more completely. Responding to Mayor Carroll, the Acting City Attorney replied that there probably will be problems with retroactivity regarding zoning changes, which are different from the permitting requirements. Councilmember Bowman suggested highlighting the proposed changes compared to the current language in the code so that the exact changes are known. Responding to Councilmember Jones, the Acting City Attorney replied that the 75 unit requirement probably would be imposed on newer uses and the 30 day stay would be a use accomplished through permitting. It was moved by Mayor Carroll and seconded by Councilmember Keenan to approve the staff recommendation to proceed with the draft ordinance adding a new hotel/motel permit requirement and return to Council with the revised draft Ordinance for consideration on AUgUSt 11, 1997 after this public hearing has been renoriced. Councilmember Piercy asked about the 15% for long term stays and the basis for the percentage. Perhaps the City needed to work with the hotel/motel owners to arrive at a more reasonable number or grandfather the older units. Councilmember Jones would 6 CITY COUNCIL MINUTES July 14, 1997 like the Acting City Attorney's opinion and Councilmember Bowman's suggestion on highlighting the changes to be included with the revised ordinance stating how existing uses would be affected. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercyand Carroll None None RECESS: Mayor Carroll recessed the meeting at 9:10 p.m. and reconvened at 9:20 p.m., with all Councilmembers present. CONTINUATION OF VARIANCE NO. 95-3, ROOF-MOUNTED AIR CONDITIONING UNIT, LOCATED AT 4322 CRESCENT AVENUE, CYPRESS: Mayor Carroll opened the public hearing. The City Manager requested that the City Planner review the staff report which represented a request by Mr. William Waddle to allow an existing air conditioning condenser unit on the roof of his residence, located at 4322 Crescent Avenue. Because the proposed variance application is the result of a code enforcement action on a noise complaint from an adjacent neighbor, the City of Cypress commissioned a noise consultant to do a noise study. The noise study found that both of the existing roof-mounted air conditioning condenser units exceeded the City's Noise Ordinance standards. Therefore, the applicant will be required to bring both of the condenser units into compliance with the Noise Ordinance regardless of where they are located. Upon analysis, staff found insufficient evidence to support the findings required for granting a variance from the Zoning Ordinance. Furthermore, the applicant has not submitted the additional information regarding noise. According to the guidelines of the California Environmental Quality Act (CEQA), the proposed air conditioning unit is considered to be categorically exempt as an installation of a small equipment or structure. Therefore, should the City Council decide to approve the subject variance, a NOtice of Categorical Exemption (Class 3) would 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 communication from two parties regarding the proposed project. The first communication was a telephone call from the adjacent neighbor to the east and, upon hearing further details, this neighbor was no longer concerned. The City also received two letters from Mr. Daniel Pearson, attorney for Mr. and Mrs. Provenghi, the adjacent property owners to the west, documenting the Provenghi's concerns and complaints regarding the noise impact. Mr. Bill Waddle, 4322 Crescent Avenue, Cypress, referred to the changes in the Code regarding air conditioners. He said there are new developments and information that he was not aware of and he asked for a continuance. He will also have a noise study done. He explained what steps he has taken to quiet the air conditioning condenser and volunteered to answer any questions. Mayor Carroll asked if anyone wished to speak in support of the application. No one did so. He then asked if anyone wished to speak in opposition to the application. Mr. Daniel Pearson, representing Mr. Waddle's neighbors the Provenghis, said Mr. Waddle finished his most recent sound abatement measure today. This has been going on for at least 33 months. He argued that both the air conditioners were mounted on the roof when the code wouldn't allow it and he presented a progression of pictures of the air conditioning unit. He spoke about noise, aesthetics and asked for revocation on both units. Mr. Steven Provenghi, 8522 Acacia Drive, Cypress, filed a written complaint 33 months ago. He had spoken to Mr. Waddle in an attempt to resolve the problem and Mr. Waddle is very aware of the zoning ordinances and the building permit process. The noise produced by the air conditioning units is obnoxiously loud, the construction is below neighborhood standards and the value of his property is significantly reduced. He asked the Council to deny the application for a variance and the nuisance be abated. Councilmember Bowman asked Mr. Provenghi if the noise could be abated would the aesthetics be acceptable and Mr. Provenghi responded in the negative. MS. Kathy Kellogg, 8542 Acacia Drive, Cypress, a neighbor of the Provenghi's and Waddle's, expressed her opposition to the granting of the variance. She did not want to set a precedent for roof mounted air conditioners or other unsightly equipment thus reducing the quality of life in her neighborhood. Mr. Waddle responded to the height of the fireplace chimney and he explained how the neighborhood problems began. He again asked for a continuance. CITY COUNCIL MINUTES JUly 14, 1997 Councilmember Bowman suggested the neighbors sit down and work out something with screening and the noise problem. The Acting City Attorney commented that the noise is one issue. The second issue is that a variance is required for the second air conditioning unit. It has not been determined whether a variance will be required to keep the first air conditioning unit depending on when the code amendment occurred. Findings have to be made that the applicant meets certain criteria for granting a variance. Mayor Carroll believed that the applicant should have known he needed a permit for the air conditioning condenser unit, which requires a variance and he moved to close the public hearing and adopt the Resolution by title only, title as follows, denying Variance No. 95-3. The motion was seconded by Councilmember Keenan. Councilmember Bowman said, at this point, he would vote against the motion because there should be some room for negotiation between the parties and Council should have all the information before a decision is made. Councilmember Jones would opt to continue this item because she would like to have the information on the first air conditioner. The Acting City Attorney said that it does matter when the it was installed and what the law was at the time. The motion failed with the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Keenan and Carroll 3 COUNCILMEMBERS: Bowman, Jones and Piercy 0 COUNCILMEMBERS: None It was moved by Councilmember Bowman and seconded by Councilmember Jones to continue this item to the meeting of August 11, 1997. Mayor Carroll said he would vote "No" on the continuance. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: NOES: 2 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones and Piercy Keenan and Carroll None AMENDMENT TO CONDITIONAL USE PERMIT NO. 85-25, ADDITION OF AUTOMOTIVE REPAIR/SERVICE USE, LOCATED AT 4001 BALL ROAD, CYPRESS: The public hearing was opened by the Mayor. The City Manager asked that the City Planner summarize the staff report which represented a request to convert an existing storage room into an automotive service bay, within an existing gasoline station and drive-through car wash facility. The proposed conversion involved interior improvements only and no exterior improvements are included in the proposed project at 4001 Ball Road. The proposed use is consistent with the existing service station use and compatible with surrounding commercial and residential uses. The proposed addition of a minor automotive repair use is not expected to increase the parking demand onsite beyond the number of parking spaces provided. In accordance with the California Environmental Quality ACt (CEQA), a Mitigated Negative Declaration has been prepared for the proposed project. All recommended mitigation measures have been incorporated into the conditions of approval for the proposed 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 not received any communication regarding the proposed project. Mr. Edgar A.K. Aramouni, Habitat Development Corporation, representing the owner, said the area would be used only for minor automotive repair, no heavy engine or open flame welding will be involved. The hours of operation will be from 8 a.m. to a maximum of 6 p.m., which could be made part of the conditions. The storage room was previously a service bay. No one wished to speak in support of or in opposition to the amendment to the permit. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to close the public hearing and adopt a finding of de Minimis Impact, approve the Mitigated Negative Declaration, adopt the Mitigation measures, and direct staff to file a Notice of Determination and a de Minimis Impact Exemption; and adopt the Resolution approving amendment to Conditional Use Permit No. 85-25, Subject to conditions. Councilmember Jones asked that the conditions regarding hours of operation and a limitation to minor automotive repair be included. Mr. Aramouni accepted the conditions. RESOLUTION NO. 4826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 85-25 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: CITY COUNCIL MINUTES JUly 14, 1997 AYES 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None RECESS: Mayor Carroll recessed the meeting at 10:45 p.m. and reconvened at 11 p.m. Due to the lateness of the hour, Mayor Carroll suggested and so moved that Item No. 20, Request for Modification of Conditions of Approval to Design Review Committee NO. 96- 34, Regarding Perimeter Screening Trees Behind the Mervyn's Shopping Center, Located at 10201 Valley View Street, Cypress, be continued. The motion seconded bv Councilmember Keenan and 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 It was moved bv Councilmember Jones, seconded by Mayor Carroll and unanimously carried to continue Item No. 22, DiSCussion Paper on the Pros and Cons of Reactive and Proactive Code Enforcement, by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None Regarding Item No. 23, Approval of the Finance Review Committee Mission Statement, Purpose and Representation, it was moved by Councilmember Jones, seconded by Councilmember Keenan and unanimously carried by the following roll call vote to continue this item: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None It was moved by Mayor Carroll and seconded by Councilmember Jones to continue Item NO. 25, Request to Remove a Parkway Tree at 4189 Dover Circle, Cypress. 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 With regard to Item NO. 26, it was moved by Councilmember Jones and seconded by Mayor Carroll to continue Request to Remove a Parkway Tree at 5221 Marion Avenue, Cypress. 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 CITY COUNCIL DETERMINATION TO CONSIDER WHETHER A LIVE ENTERTAINMENT USE WITH ONSITE SALE OF BEER AND WINE IS SIMILAR TO THE PERMITTED OR CONDITIONAL USES LISTED IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE: The City Planner summarized the staff report which represented a request for City Council determination to consider whether a live entertainment use with onsite sale of beer and wine is similar to and no more detrimental than the list of permitted or conditional uses within the PC-1 Planned Community Business Park Zone. The proposed hours of operation would be Monday through Thursday 7 p.m. to 1 a.m. and Friday through Sunday 7 p.m. to 2 a.m. She noted a correction to the report indicating that the targeted age group would be between the ages of :50 to 45. After reviewing the list of uses permitted within the PC-1 Zone, staff felt that the proposed use is not considered to be similar to and may be more detrimental than the permitted or conditional uses allowed within the PC-1 Planned Community Zone. The applicant, Ms. Cathy Pham, 18102 Brookhurst Street, Suite M184, Fountain Valley, explained the live entertainment was a one-man band that customers requested songs be played so they could sing-along. The Cib/Manager clarified that the question is whether this ~:ype of use is similar to the PC-1 zoning and would be allowed with a conditional use permit. If the answer is yes, the application would be considered later as a conditional use and live entertainment permit. If the answer is no, then the application for the use would not be considered. CITY COUNCIL MINUTES July 14, 1997 It was moved by Councilmember Bowman and seconded bv Councilmember Piercy that this type of use is compatible to the list of permitted uses allowed within the PC-1 Planned Community Business Park Zone. Responding to Councilmember Jones, the Acting City Attorney answered that anywhere in the City where there is similar zoning would be impacted. The City Planner asked the Council to consider the broader question of a finding similar to restaurant uses, which are allowed in many other zones in the City. Mayor Carroll commented that he would be hesitant in approving this use for this location. Councilmember Piercy remarked that this appeared to be a good location for this type of use and she didn't see where it would be detrimental. Councilmember Jones stated that the argument could be made that others under permitted uses could ask why the use couldn't be extended to all those on the list. Councilmember Keenan was concerned that someone in another area with a similar type of use could request the permit. Also, the proposed business doesn't fit with the neighboring uses. The City Planner said she felt that this use was primarily a live entertainment use. The motion failed with the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Bowman and Piercy 3 COUNCILMEMBERS: Jones, Keenan and Carroll 0 COUNCILMEMBERS: None It was moved by Councilmember Jones and seconded by Councilmember Keenan to determine that the proposed use is not similar to and may be more detrimental than the list of permitted uses allowed within the PC-1 Planned Community Business Park Zone. The motion carried bv the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Jones, Keenan and Carroll Bowman and Piercy None SCHEDULING A DATE FOR AN APPRECIATION DINNER HONORING THE CITY COMMISSIONERS: The City Manager presented the staff report which indicated Council's desire for an annual appreciation dinner for the City Commissioners for their service. Staff recommended that the City Council target a time sometime in October, but not set a specific date until facility availability can be determined and coordinated with the City Council's schedules. Mayor Carroll mentioned a date in late September would be acceptable. Councilmember Jones concurred. The City Manager recommended that contact be made with the Cypress Golf Course for their availability and that the dinner be for Commissioners and spouses, along with Councilmembers and staff liaison with a gift for the Commissioners. It was moved by Councilmember Keenan and seconded by Mayor Carroll to direct staff to arrange the appreciation dinner for a date in late September for Commissioners and spouses or guests at the Cypress Golf Course. 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 Councilmember Keenan commented that this has been discussed earlier and he felt that these were a group of volunteers who are not recognized. This will be a unique opportunity to acknowledge the Commissioners service. CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 26924 - 27128: It was moved bv Mayor Carroll and seconded by Councilmember Bowman to approve the warrant LiSt for Warrants NO. 26924 thrOUgh 27128 in the amount of $818,654.25. The motion unanimously carried bv the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercv and Carroll Norle None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. NO items were presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. NO matters were presented for Agency consideration. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The Acting City Attorney mentioned that it had been brought to her attention that the Public Employee Performance Evaluation, City Manager, had not been addressed in Item NO. 14. She stated, for the record, "that the report would be that the City Council had done the CITY COUNCIL MINUTES JUly 14, 1997 evaluation and would approve the amendment to the City Manager's Employment Agreement under Item No. 14." Mayor Carroll reported that the Council is proud to have such an outstanding City Manager. WRITTEN COMMUNICATIONS: For Matters NOt on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:30 p.m. to Wednesday, July 16, 1997 at 7:00 p.m. at the Community Center for the TOWn Hall meeting related to the work of the Lincoln Avenue Steering Committee. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS