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Minutes 97-12-08MINUTES OF THE REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 8, 1997 The Regular Meeting of the Cypress City Council was called to order at 5:31 p.m., Monday, December 8, 1997 in the Administrative Conference Room, City Hall, 5275 Orange Avenue, Cypress, Mayor Mary Ann Jones presiding. PRESENT: ABSENT: Councilmembers Bowman, Carroll, Keenan, Piercy and Jones None WORKSHOP SESSION: Preliminary Desicjn Concept for the Lincoln Avenue Bridge Enhancements and Streetscape. Also present for the Workshop were the City Manager, City Attorney and staff members Angus, Kelly, Mariscal and Storey and consultants from Larry MOSS and Associates and Keyset Marston Associates, Inc. The City Manager advised that the purpose of the discussion was the Council's review of design elements proposed by the landscape architects to ensure that they were the kinds of elements to be included in the project. Lincoln Avenue Economic Study. DiScussion was held on the viability of commercial, industrial and residential uses on Lincoln Avenue. RECESS: Mayor Jones recessed the meeting at 6:30 p.m. to enable the Council to continue their meeting in the Council Chamber. The meeting reconvened at 6:32 p.m. with all Councilmembers present. CLOSED SESSION: The Mayor immediately recessed the meeting to Closed Session to discuss the agendized item of Conference with Labor Negotiator (Government Code Section 54957.6). The meeting reconvened at 7:00 p.m. with all Councilmembers present. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Kelly, Krauss, Storey and Wylie. PLEDGE OF ALLEGIANCE: The Pledge was led by Mayor Pro Tern Keenan. PRESENTATIONS: Mayor Jones read and presented the Resolution recognizing the Sharon Family as the 1997 Cypress Family of the Year. Mayor Jones read a statement from Joan Edwards, Committee Chair, which provided a brief history of the Award. Ms. Beth Sprague, a Family of the Year Committee Member, announced the winners of the Children's Poster Contest for Family of the Year. The winners were Darrell Rodriguez, Jennifer Murphy, Bobby Herman, Ria Kim, Joella Zapantha, and Unis Lee. Lt. James L. Weuve was presented with a Resolution commending him for his outstanding contribution to the West Cities Communications Center Joint Powers Authority (West- Comm) Project. The Deputy City Clerk administered Loyalty Oaths and Mayor Jones presented Certificates of Appointment to Newly Appointed Alternates to the Senior Citizens Commission, William Fifield, Nancy Hooven, Prakash Narain and Helen Olsen; and Cypress Finance Review Committee Members Louie Giampapa, James Phillips, Gary Prem and Deborah Strom. REPORT OF CLOSED SESSION/WORKSHOP AGENDA: The City Manager reported on discussions held during the Workshop Session. The City Attorney advised that the City Council met pursuant to the auth()rity conferred upon it by Government Code Section 54957.6 to meet with its labor negotiator, the City Manager, and authorized him to meet with the City's four collective bargaining organizations for purposes of meeting and conferring. ORAL COMMUNICATIONS: Mr. Bob Sundwall, 5486 Vista Sierra, Cypress, referred to a letter received from the City denying the removal of a parkway tree. He was requested to write a letter but he would rather address the Council in person appealing the denial. CITY COUNCIL MINUTES December 8, 1997 Mayor Jones said that this item would be placed on the next Council agenda. Mr. Bruce Martin, 5249 Vista Hermosa, Cypress, spoke in objection to the implementation of a City Planning Commission. Certain members of the present Council wish to impose their will on the citizens of Cypress regardless of what the voters have mandated and what is best for the City. He demanded that the Council adhere to the decision of the people of Cypress. MS. Verna Dodson, 5771 La Jolla Way, Cypress, commented about the parking lot at the Senior Center not being in compliance with ADA regulations and the need for something to be done. Responding to Mayor Jones, the City Manager replied that he has been in contact with the Building Official, the Community Development Director and the Public Works Director and he will meet with them and Ms. Dodson. Ms. Shannon McFalI, 8681 Acacia Drive, Cypress, expressed concern with the high grading of lots which Is causing drainage problems. The water is sitting on her lot. She mentioned another matter of stockpiling of construction materials on the property next to her. Mr. Frank Coelho, 8644 Acacia Drive, Cypress, said the new houses are on a 1% grade and putting the neighbors in a hole. He asked why the new houses couldn't be built on a natural grade. He would like to see something done. Mr. Phil Wendel, Yamaha Corporation and Chairman of the Cypress Economic Development Council, referred to the letter that had been given to the Council objecting to a Planning Commission. He believed there was not a need for another layer of bureaucracy to slow the process. He hoped that the Council would vote to reject a Planning Commission. Mr. Darrell Essex, 5220 Dresden, Cypress, commended the Council for their fine work on Lincoln Avenue. He mentioned what the cost of a Planning Commission was several years ago and he believed it would cost the City more even if staff were not added because of the impact on current staff. Planning Commissions can extend the timeframe of a project from six to eight months. Ms. Susan Linde, 9845 Joel Circle, Cypress, said she would like to have a Planning Commission. The Business Park is overdeveloped and traffic is terrible and supervision is needed. Ms. Paula English, 5975 Suva Street, Cypress, referred to a report which indicated that the majority of cities in California do have Planning Commissions and one of the reasons was the importance of a non-political body. She had voted against a Planning Commission previously because of the cost. Mr. Don Wesling, 11431 Anegada Street, Cypress, referred to a letter sent to Shaw Industries by the former City Manager and he felt that a Planning Commission was needed to review future projects. He believed that if there had been a Planning Commission, Shaw Industries would not be in the City. MrS. Vickie Talley, Talley & Associates, 500 N. State College Blvd., stated for the record, that she has been performing administrative services for the Cypress Economic Development Council. She congratulated the Council on the plans for Lincoln Avenue that will take place without a Planning Commission. She had concluded that a Planning Commission is not needed in Cypress. The Council has accomplished great things and the City is nearly planned out. She urged the Council to ask staff to take a second look at the cost of a Planning Commission. Mavor Jones requested a copy of Talley & Associates report when completed. Councilmember Tim Keenan announced that he attended a breakfast hosted by the Manufactured Housing Educational Trust. He was a second prize winner of $500. He donated the money to the City designating it as seed money to establish a fund for art in public places. Mayor Jones asked the City Manager to comment on the Airport Land Use issue and the City Manager reported on the action proposed by the ALUC on the overflight zone around the Los Alamitos Armed Forces Reserve Center airfield and other airports throughout Orange County. The Council took a position of opposing the establishment of this overflight zone, along with surrounding cities and a letter from the Cypress City CITY COUNCIL MINUTES December 8, 1997 Attorney. ALUC has decided that the item would be removed from the December 18 agenda and concerns raised forwarded to County Counsel for consideration. AWARD OF CONTRACTS AWARD OF CONTRACT FOR THE CONSTRUCTION OF MEDIAN MODIFICATIONS AND A TRAFFIC SIGNAL ON LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 9729: The City Manager asked the Public Works Director to present the staff report which Indicated that ten bids were received for the construction of a traffic signal and related median modifications on Lincoln Avenue midway between Valley View Street and Los Altos Drive. This project is being constructed to improve traffic safety at the K-Mart and Home Depot commercial centers and is being funded with developer fees. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to: Award a contract for the construction of a traffic signal and related median modifications on Lincoln Avenue midway between Valley View Street and LOS Altos Drive, Public Works Project No. 9729, to BA Construction, 2131 W. Valley Place, Anaheim, California 92804, in the amount of $148,621.67 (bid amount of $135,110.61 plus ten percent contingency), and Appropriate $149,000.00 from the unreserved fund balance of the ClP Fund to Account No. 4186-15-807-27 (Lincoln Avenue Improvements) and authorize an operating transfer of $149,000.00 from the Traffic Mitigation Fund (24) to the CIP Fund. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCiLMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None AWARD OF CONTRACT FOR THE INSTALLATION OF NEW CARPETING IN CITY HALL, PUBLIC WORKS PROJECT NO. 9737: The Public Works Director summarized the staff report Indicating that two bids were received for this project which is one of several that will be awarded as part of this year's City Hall remodeling project. Staff broke the carpet bids Into two alternates to allow for competing brands of carpeting to be bid and recommended that the Council award the project to the low bidder. Responding to Councilmember Carroll, the Public Works Director explained the difference between the alternate bids. Councilmember Bowman said he would prefer to award this bid to a local contractor rather than someone outside the community. Councilmember Keenan felt that the bid should be awarded to the lowest bidder. Councilmember Piercy said that she would like to give preference to the hometown company. The City Attorney advised that 21A-17 Of the Code would permit the City Council to dispense with the lowest responsible bidder requirement where a finding is made that It is in the best interest of the City to do so and possibly giving preference to a local vendor and provider could meet that criteria. There is no obligation to award the bid to the low contract because the Council is operating under Section 21A of the Code. The City Manager commented that the Shaw carpet Is a tighter weave and they thought that a tighter weave and a heavier grade of carpeting would be more suitable for City Hall. The Interior Designer had advised that both grades would meet the needs of the city. It was moved by Councilmember Piercy and seconded by Councilmember Bowman to award a contract for the installation of new carpeting in City Hall to Shaw Contract Flooring, 132 E. Dyer Road, Santa Ana, CA 92707, for Alternative A, bid Items 1 through 4, in the amount of $50,170. Councilmember Bowman would second the motion with the provision that the contract be generated out of Cypress rather than Santa Ana so that the sales tax revenue will be credited to the City. The City Attorney suggested that the award of contract be conditioned to request the carpeting out of a particular facility. He requested the maker of the motion to add that the City makes a finding under 21A-17 of the Code that it is in the best interests of the City to award the contract to other than the lowest absolute dollar bidder. Councilmember Piercy and Bowman amended their motion to make a finding under Section 21A-17 of the Code to award the contract to CITY COUNCIL MINUTES December 8, 1997 other than the lowest bidder. Councilmember Carroll asked that it be understood what the net net Is to Cypress after the sales tax revenue Is received. The Finance Director said that if Cypress is determined to be the point of sale, the sales tax to the City would be approximately $625. Councilmember Carroll would vote in favor of the motion as amended with the net net to Cypress but if it turns out It is not an advantage to Cypress, he would like the issue revisited. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBRES: Bowman, Carroll, Keenan, Piercy and Jones None None AWARD OF CONTRACT FOR THE PREPARATION OF PLANS FOR THE REMODELING OF THE PICNIC PAVILION AT ARNOLD-CYPRESS PARK, PUBLIC WORKS PROJECT NO. 9745: At the request of the City Manager, the Public Works Director presented the staff report describing the remodeling of the existing picnic pavilion and adjoining kitchen. Architectural plans will need to be prepared for Commission and City Council approval. Staff sought requests for qualifications to perform this work, received two responses and are recommending an award of contract for preparation of the plans. It was moved by Councilmember Bowman and seconded by Councilmember Pierc¥ to award a contract for consultant services for the preparation of plans for the remodeling of the picnic shelter at Arnold/Cypress Park, Public Works Project No. 9745, to Ron Yeo FAIA Architect, Inc., 500 Jasmine Avenue, Corona Del Mar, California 92625, in an amount not to exceed $14,000. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Pierc¥ and Jones None None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was requested by Councilmember Carroll to remove Item No. 13, Approval of Change Orders for Lincoln Avenue Potholing, Public Works Project No. 9728; and Police Department Remodel Plan Preparation, Public Works Project No. 9721. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to approve the Consent Calendar Items No. 4 though 18, with the exception of Item No. 13. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None Item NO. 4: MOtion to Approve City Council Minutes of November 17, 1997 and November 24, 1997. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of November 17, 1997 and the Regular Meeting of November 24, 1997, as submitted. Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 6: Acceptance of the Installation of Traffic Signal Interconnect on Ball Road From Bloomfield Street to Juanira Street, Public Works Project NO. 9320. Recommendation: That the City Council: 1) Accept the project for the Installation of Traffic Signal Interconnect on Ball Road from Bloomfield Street to Juanira Street, Public Works Project No. 9320, as being satisfactorily completed in conformance with the project specifications; 2) Approve the final retention payment of $13,820.30 to Macadee Electrical Construction, 14771 Cherry Circle, Chino Hills, CA 91709, 35 days after the Notice of Completion is filed, if no claims or objections have been filed; 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. 4 CITY COUNCIL MINUTES December 8, 1997 Item No. 7: Approval of Design Review Committee NO. 97-38, Request to Install a Flush- Mounted PCS Telecommunications Antenna System and Related Electrical Equipment on the Existing Grace Church Auditorium Building, 5100 Cerritos Avenue; Design Review Committee NO. 97-41, Request for a Room Addition for an Existing Non-Conforming Residence Located at 9052 Denni Street; and Design Review Committee No. 97-42, Request to Install a Wall Sign on an Existing Industrial Building Located at 5835 Corporate Avenue. Recommendation: That the City Council adopt the Resolutions by title only, titles as follow, approving Design Review Committee Nos. 97-38, 97-41 and 97-42, with conditions: RESOLUTION NO. 4879 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-38 - WITH CONDITIONS. RESOLUTION NO. 4880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-41 - WITH CONDITIONS. RESOLUTION NO. 4881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-42 - WITH CONDITIONS. Item No. 8: Acceptance of the Auditor's Management Letters. Recommendatlon: Receive and file. Item No. 9: Acceptance of the Audit Report of the City of Cypress' Appropriation Limit for the Year Ended June 30, 1997. Recommendation: Receive and file Item No. 10: Acceptance of the Single Audit Report for the Fiscal Year Ended June 30, 1997. Recommendation: Receive and file Item No. 11: Acceptance of the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1997. Recommendation: Receive and file. Item No. 12: Approval of Application for Alcoholic Beverage License Transfer Filed by Mark D. Aguilar, President of Mark's Mex Inc., D.B.A. Super Mex Mexican Restaurant #9, 6930 Katella Avenue, Suite B, Cypress. Recommendation: Receive and file. Item No. 14: Approval of Design Review Committee No. 97-43, Request to Install Signs at the Chevron Station Located at 5999 Cerritos Avenue. Recommendation: That the City Council adopt the Resolution by tltle only, title as follows, approving Design Review Committee No. 97-43- with conditions. RESOLUTION NO. 4882 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-43 - WITH CONDITIONS. Item NO. 15: AdOption of Commending Kenny Maes for Being Named a United States National Honor Roll Award Winner. Recommendation: That the City Council adopt the Resolution by title only, title as follows, commending Kenny Maes. RESOLUTION NO. 4883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS COMMENDING KENNY MAES FOR BEING NAMED A UNITED STATES NATIONAL HONOR ROLL AWARD WINNER. 5 CITY COUNCIL MINUTES December 8, 1997 Recreation and Park District Matters: Item No. 16: Acceptance of the Audit Report of the Cypress Recreation and Park District' Appropriation Limit for the Year Ended June 30, 1997. Recommendation: That the City Council, acting as the ex-offlcio Board of Directors of the Cypress Recreation and Park District, receive and file said report. Item No. 17: Acceptance of the Component Unit Financial Report of the Cypress Recreation and Park District for the Period Ended June 30, 1997. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, receive and file said report. Item No. 18: Approval of Application for California Point of Historical Interest. Recommendation: That the City Council, acting as the ex-offlclo governing Board of Directors of the Cypress Recreation and Park District, approve the Cypress Cultural Arts Commission recommendations and submit the Point of Local Interest application upon completion. Regarding Item No. 13, Approval of Change Orders for Lincoln Avenue Pothollng, Public Works Project No. 9728; and Police Department Remodel Plan Preparation, Public Works Project No. 9721, Councilmember Carroll referred to the policy wherein "...all contract changes orders in excess of 10% must be approved by the City Council." He would like the City Council to address the policy on change orders at a future Council meeting because he felt that 10% was far too high. He suggested a threshold of 5% and/or a dollar amount. It was moved by Councilmember Carroll and seconded by Councilmember Piercy to: 1) Approve a change order in the amount of $3,101 for Police Department Remodel Plan Preparation, Public Works Project No. 9721; and 2) Approve a change order in the amount of $1,950 for Lincoln Avenue Pothollng, Public Works Project No. 9728. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE ESTABLISHING OPERATIONAL STANDARDS AND PROVIDING LONG-TERM STAY PROVISIONS FOR HOTELS/MOTELS: Mayor Jones opened the public hearing and the City Manager asked the Community Development Director to present the staff report. She Indicated that a communication was received from Sam and Gary Bachta, the owners of Cloud 9 Motel, which outlined several ways to increase revenues and Impose commercial zoning. The Community Development Director called upon the City Planner to summarize the staff report on long- term stay provisions for hotels/motels that was continued from the November 10, 1997 city Council meeting. At that hearing, Council received testimony regarding the Ordinance and directed staff to make certain revisions In response to the Input received. AS drafted, the ordinance establishes standard zoning code performance requirements that would apply to all hotels and motels. In addition to these standards, the proposed Ordinance establishes provisions by which subject to a conditional use permit, hotels and motels that meet certain design criteria can be considered for long-term stay usage In up to 15% of the rooms. The proposed Ordinance also establishes a three year time frame within which all existing hotels and motels, that are not In compliance with the proposed standards, would need to comply. No one wished to speak in support of the ordinance. Mayor Jones asked if anyone wished to speak in opposition to the Ordinance. Mr. Robert GelIls, Cloud 9 Motel, said he didn't believe that crime was the reason for the ordinance, but that the motels Interfered with the revltallzatlon of Lincoln Avenue. He asked the Council to consider the construction of the casino In Hawaiian Gardens and their effect on the motels. Mayor Jones closed the public hearing. It was moved by Councilmember Bowman and seconded by Councilmember Carroll to introduce the first reading of the Ordinance by title only, title as follows, establishing operational standards and providing long-term stay provisions for hotels/motels. Councilmember Carroll stated this was a health and safety concern and the City does not want to perpetuate substandard, unhealthy residential areas. Mayor Jones concurred. 6 CITY COUNCIL MINUTES December 8, 1997 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA AMENDING APPENDIX I, ZONING, OF THE CODE OF THE CITY OF CYPRESS, BY AMENDING SECTION 10.3 OF THE CYPRESS ZONING CODE TO ADD SUBSECTION L. ESTABLISHING OPERATIONAL STANDARDS AND PROVIDING LONG-TERM STAY PROVISIONS FOR HOTELS/MOTELS; AND BY AMENDING SECTION 16.9A OF THE CYPRESS ZONING CODE TO ADD SUBSECTION 6, ESTABLISHING A PHASED IMPLEMENTATION SCHEDULE. The motion unanimously carrled by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None CONTINUATION OF PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 80-3, REQUEST TO EXPAND AN EXISTING CONTRACTORS STORAGE YARD, LOCATED AT 8851 WATSON STREET: The public hearing was opened by Mayor Jones. The City Manager referred to the staff report which requested that this Item be continued. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to continue this item to the City Council meeting of January 12, 1998. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARING TO CONSIDER RENEWAL OF LIVE ENTERTAINMENT PERMIT AT THE LA TERRAZA RESTAURANT, 6197 BALL ROAD, CYPRESS: Mayor Jones opened the public hearing and the City Manager asked the Acting Police Chief to present the staff report. On July 28, 1997, a six month review of the Live Entertainment Permit Issued to the La Terraza Restaurant revealed that incidents and public safety related activities In and around La Terraza had been disruptive and threatened the health, welfare, safety and security of the community. On August 25, 1997, the Cypress City Council commenced a Public Hearing to consider revocation of the Live Entertainment Permit for the La Terraza Restaurant. At that meeting, the Council took testimony and continued the public hearing for 60 days after modifying the original Live Entertainment Permit. At the October 27, 1997 meeting, the City Council approved the continuance of the Live Entertainment Permit until the initial expiration date of December 10, 1997, subject to the conditions imposed by the City Council at its meeting of August 25, 1997. He mentioned that one letter was received in opposition to the continuation of the Live Entertainment Permit. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the La Terraza Restaurant In accordance with the requirements of the City Code. At the time this report was written, staff had not received any responses to this notice. Mayor Jones asked if anyone wished to speak in support of the renewal of the permit. Ms. Leticia Montalvo, Manager of La Terraza, 509 N. West, Anaheim, said that she would like to change the number of members composing the live band and change 12:00 a.m. on Sunday to 1:30 a.m. but would agree to 12:00 midnight. She asked for a combination live band and disc jockey but they would not be playing at the same time. No one else wished to speak In support of or In opposition to the permit. Mayor Jones mentioned that a letter dated November 30, 1997 was received today from Frank Lin who felt that the permit should not be renewed. Councilmember Carroll stated he would like to make some amendments to the permit by specifying the sound levels that can be emitted Into the parking lot rather than restricting the number of band members; and that the groups not play simultaneously. The City Manager commented that if the Council wishes a condition related to the noise, it would be staff's recommendation that the limits be as per the City code. Mayor Jones asked how the noise would be measured and the Community Development Director responded. Councilmember Piercy stated that if the music can be heard In the parking lot, it is too loud. 7 CITY COUNCIL MINUTES December 8, 1997 The City Attorney referred to the City's noise ordinance and there Is a decibel standard that could easily be adopted if the Council so desired. Responding to Councilmember Carroll, the Community Development Director described a handheld decibel meter. Councilmember Carroll asked the City Attorney if the permit could be conditioned so La Terraza has their own device on site and the City Attorney responded in the affirmative. Ms. Montalvo stated that they had installed insulation around the doors to help contain the noise. Councilmember Bowman felt that the five member band or the disc jockey should remain as staff has recommended and he moved that recommendation. He would approve of a noise meter on site and the motion was seconded by Mayor Jones. The Mayor would also include the meeting of sound levels as per City code. Councilmember Carroll expressed his dislike of the motion and the second because of the arbitrary limitation of band members. Councilmember Bowman would modify his motion. After further discussion about the number of band members, the applicant explained that the number of members in a mariachi band, which Is nine to 11. Councilmember Bowman said that the noise Issue can be revisited. The City Attorney advised that the motion is unclear and there Is no unequivocal second. Councilmember Bowman withdrew his motion. It was moved by Mayor Jones and seconded by Councilmember Piercy to approve the renewal of the Live Entertainment Permit as requested by Rodolfo S. Lepe, D.B.A. La Terraza Restaurant, 6197 Ball Road, as follows: 1. There may be a disc jockey ONLY on Monday - Thursday, from 8:00 p.m. 12 a.m.; There may be a live musical group of up to five performers, if their musical instruments are amplified, OR a single group of unlimited size if their musical instruments are not amplified, OR a disc jockey, from 8 p.m. - 1:30 a.m., on Friday and Saturday, and from 8 p.m. until 12 a.m., on Sunday, and to allow dancing by the patrons; The applicant is to provide uniformed security whenever there is live entertainment t the location; The applicant is to file for a Private Patrol Permit within 30 days and within ten davs if there is any change in the on-site securib/; 5. All doors to the restaurant are to remain closed at all times; 6. The dance floor is limited to 1,053 square feet; There will only be one entertainment activity taking place within the facility at any particular time during the hours allowed for live entertainment. The City Council reserves the right to reconsider the granting of the entertainment permit in the event the noise or other problems associated with the operation at the premises rises to a level which Is a concern to the public; La Terraza Is to abide by the sound level as provided for in the Cypress City Code and have a declbel reader on site; 10. In the event mariachi bands (not amplified) are used, they may exceed five members; however, no other entertainment will be allowed at the same time; and 11. The Live Entertainment Permit Is Issued for a one year period, expiring on December 10, 1998, with a six month review. The motion carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: I COUNCILMEMBERS: ABSENT:~ 0 COUNCILMEMBERS: Bowman, Carroll, Piercy and Jones Keenan None CITY COUNCIL MINUTES December 8, 1997 PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 97-12, PROPOSED ADDITION OF TWO (2) APARTMENT UNITS ON A LOT CONTAINING TWO (2) EXISTING DETACHED APARTMENT UNITS, LOCATED AT 4859-4861 MERTEN AVENUE: Mayor Jones opened the public hearing and the City Manager asked the Community Development Director to summarize the staff report. She noted that a communication was received on December 4, 1997 from Willard Andr~ identifying four issues why this development should not be approved. The application represented the second request by Mr. Martin Figueroa to add two attached, two-story, one-bedroom apartment units on a parcel which presently contains two detached, single- story, two-bedroom apartment units. The first request was denied without prejudice by the City Council in September of 1997, based on substandard project design. The subject property is located within the Orange County Redevelopment Area and the City's North- end Study Area. The proposed project represented the best feasible redevelopment of the subject property, in light of the constraints imposed by the existing structures onsite. Additionally, staff found the proposed design of the project is internally consistent and compatible with surrounding one-story and two°story residential developments. In accordance with the requirements of the California Environmental Quality Act (CEQA), a Categorical Exemption, Class 3(b), 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. The Public Works Director provided an update on the status of the drainage, sidewalks and curbs and gutters as requested by Councilmember Bowman. Mr. Edward Gillan, representing the applicant, said that all City codes will be met and he complimented staff. No one wished to speak in support of or in opposition to the application. Mayor Jones closed the public hearing. It was moved by Councilmember Carroll and seconded by Councilmember Bowman to: Adopt the Resolution by title only, title as follows, approving Conditional Use Permit No. 97-12, subject to conditions; and Direct staff to file a Notice of Categorical Exemption, Class 3(b) with the County of Orange, County ClerkwRecorder. RESOLUTION NO. 4884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 97-12 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 97-13, REQUEST TO CONSTRUCT A SPECULATIVE OFFICE/WAREHOUSE/DISTRIBUTION BUILDING, LOCATED AT 11240 WARLAND DRIVE: The public hearing was opened by Mayor Jones. Councilmember Carroll reported that he had met with Carl Robertson and John Law on this issue, talking about the mitigated items. Mayor Jones also had met with Messrs. Robertson and Law discussing those same items in an informal setting. Councilmember Bowman stated that he had also met with the applicants. The City Manager asked the Community Development Director to present the staff report which represented a request to construct an 85,219 square foot speculative office/manufacturing/distribution building consisting of approximately 30,719 square feet of warehouse and distribution area. In accordance with the requirements of the California Environmental Quality ACt (CEQA), an Initial Study/Environmental Checklist and Mitigated Negative Declaration have been prepared for this development. The proposed development meets the development standards as set forth in the Warland/Cypress Business Center specific Plan and the Cypress Zoning Code. Based on the analysis of the proposed building and its compatibility with surrounding uses, staff is recommending approval of Conditional Use Permit No. 97-13, as conditioned. 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. CITY COUNCIL MINUTES December 8, 1997 Councilmember Keenan also reported that he had met with the applicants on this project. Councilmembers had questions on the mailing of public notices and traffic and trip generation data, which were answered by the Community Development Director and the Public Works Director, respectively. Mr. Carl Robertson, Warland Investments, and Del DeRevere, DeRevere & Associates, architects, volunteered to answer questions from Council. Mr. Robertson described the proposed structure as a high end R&D facility and hoped to complete it in about one year. Mr. Robertson then answered questions from Council on landscaping, loading docks, building use and parking. Responding to Councilmember Carroll, Mr. Robertson explained the upgrade of structural characteristics for building safety in the event of a seismic occurrence and the prevention of residual pesticides. No one wished to speak in support of or in opposition to the application. Mayor Jones then closed the public hearing. Mr. Glen LaJoie, Senior Project Manager from Robert Bein, FrOSt and Associates, provided Council with his credentials and said he has managed 15 to 20 different environmental review projects for the City of Cypress, a majority of those projects in the Business Park area. was moved by Councilmember Carroll and seconded by Councilmember Bowman to: 1. Adopt the Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality ACt (CEQA); and 2. Approve the Resolution by title only, title as follows, approving Conditional Use Permit No. 97-13, subject to conditions. RESOLUTION NO. 4885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 97-13 - WITH CONDITIONS. The motion unanimously carried with the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None Councilmember Bowman commented that the taxpayer, Warland Investment Company, has assessed valuation in the City of Cypress of $95,619,O00, which is 3.8% of the total in the City. RECESS: Mayor Jones recessed the meeting at 9:50 p.m. and reconvened at 10:00 p.m., with all Councilmembers present. PUBLIC HEARING REGARDING VARIANCE NO. 97~8, A REQUEST TO ALLOW AN AIR CONDENSER UNIT TO REMAIN ON AN EXISTING PATIO ROOF, LOCATED AT 4177 SUSSEX CIRCLE: Mayor Jones declared the public hearing open. Councilmember Keenan said he would abstain from the discussions on this item because the residence is located within 1000 feet of his home and he left the dais at 10:03 p.m. The Community Development reviewed the staff report which represented a request from Mr. Bret Powell to allow an existing air condenser unit to remain on the roof of his patio located at 4177 Sussex Circle in the RS 6,000 Residential Single-family Zone. Staff reviewed the development of this tract and determined that, in accordance with the development standards of 1966, air conditioning units were permitted to be roof mounted at that time. Therefore, there are a number of existing roof mounted air condenser units in the neighborhood. Since this application is for a new air condenser unit, it is subject to the current zoning code. A variance is required because the current code requires that all mechanical equipment be ground mounted pursuant to Section 9.3 Performance Standards: Residential Zones. This case came before staff through a noise complaint. In accordance with the California Environmental Quality Act (CEOA), a Categorical Exemption 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. A communication was received regarding this matter from 10 'CITY COUNCIL MINUTES December 8, 1997 Mr. Willard Andre, 4143 Sussex Circle, Cypress, Indicating that to allow the variance would be poor policy, a bad decision and he requested a "no" vote. After additional discussion on roof mounted air condensers, City codes and variance requests, the City Attorney advised that this was a policy issue and a distinction could be made between installing something new vs. permitting something that is existing and is not inconsistent with other similar uses, which is the way staff looked at the request. However, Council could reach some other conclusion. The broader issues that needs to be addressed Is other similarly situated requests In the future be treated in a consistent manner. The applicant, Bret Powell, 4177 Sussex Circle, Cypress, stated that part of the reason that the air condenser units are mounted on the roof in the neighborhood is because the forced air unit is on the second level and putting the condenser on the ground would create a load on the compressor. Responding to Mayor Jones, he advised that there are two units on the patio roof which were installed this summer and there is no room in the sideyard. No one wished to speak in support of or In opposition to the variance application. Councilmember Carroll said that if the City going to have standards, they should be understood and adhered to. Responding to Councilmember Piercy, the Community Development Director advised that the proper procedure would be to come into City Hall and ask for a building permit. The Building Division would send them to Planning. The City Attorney said that if construction is commenced when a building permit is required, you proceed at your peril. Mayor Jones closed the public hearing and moved to adopt the Resolution by title only, title as follows, denying the variance because the code at the time the units were installed did not allow roof mounted units and there appears to be room within the yard for those units. The City Attorney the findings for the denial could be based on A, B or C as outlined in the staff report. Mayor Jones included those findings in her motion and Councilmember Carroll seconded the motion. Councilmember Keenan returned to the dais at 10:20 p.m. RESOLUTION NO. 4886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A VARIANCE FROM TIlE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 9.3 TO ALLOW AN EXISTING AIR CONDENSER UNIT TO REMAIN ON THE ROOF OF AN EXISTING PATIO - VARIANCE NO. 97-8. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Piercy and Jones NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAINED: I COUNCILMEMBERS: Keenan FIRST PUBLIC HEARING REGARDING THE PROPOSED CYPRESS BUSINESS AND PROFESSIONAL CENTER ASSESSMENT DISTRICT NO. 1: The Mayor opened the hearing. The City Manager asked the Public Works Director to summarize the staff report which advised that the City Council had adopted a Resolution of Intention and a Resolution preliminarily adopting, confirming and approving the Engineer's Report and appointing the time and place for hearing protests to Improvements in the proposed Cypress Business and Professional Center Assessment District No. 1. The first required hearing was scheduled for December 8, 1997. This initial hearing is for public comment only. No action Is required from the City Council at this time. After the public hearing is conducted on January 12, 1998, the City Council by resolution may form the District, order the construction of the proposed improvements and authorize the bond issuance to fund the cost of the improvements. Mayor Jones asked if anyone wished to speak for or against the proposed Cypress Business and Professional Center Assessment District No. 1. No one spoke and Mayor Jones closed the public hearing. For the record, it was announced that that the initial hearing was conducted, no comments were made and the public hearing was closed. 11 CITY COUNCIL MINUTES December 8, 1997 NEW BUSINESS: APPROVAL OF PRELIMINARY DESIGN CONCEPT FOR THE LINCOLN AVENUE BRIDGE ENHANCEMENTS AND STREETSCAPE: The City Manager advised that the preliminary design concepts were presented to the Council during a workshop session held earlier in the evening. The schedule for the Lincoln Avenue Bridge Enhancements has staff returning to the City Council January 12, 1998 for approval of the construction documents and an authorization to bid. The construction documents for the Streetscape portion of the project will be presented to the City Council at a later date. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to approve the preliminary design concept for the Lincoln Avenue Bridge Enhancements and Streetscape. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None REQUEST TO REMOVE A PARKWAY TREE AT 5841 WELLSON AVENUE: Councilmember Carroll asked the City Attorney if he should abstain from the discussion since he lived only a few houses from this address and the City Attorney responded in the negative. The Public Works Director reviewed the staff report which indicated that the street tree at 5841 Wellson Drive does not meet any of the criteria established by the City Council for tree removals. Per the City Code, a resident may appeal to the City Council the Public Works Director's decision denying removal, which the applicants have done and staff is seeking Council direction. It was noted that while the sidewalk can be ramped to correct displacements between adjoining sidewalk panels, several inches of displacement will continue to exist between the sidewalk and the brick walk and lawn of the Erickson property. It was moved by Mayor Jones and seconded by Councilmember Piercy to deny the request to remove the street tree. The motion carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones NOES: I COUNCILMEMBERS: Bowman ABSENT: 0 COUNCILMEMBERS: None REQUEST TO REMOVE A PARKWAY TREE AT 9839 JUANITA STREET: The Public Works Director summarized the staff report which represented a request from Mr. and Mrs. Leo Sandoval to remove a street tree at 9839 Juanira Street. The street tree does not meet any of the criteria established by the City Council for tree removals. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to deny the request to remove the street tree. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None APPROVAL OF DESIGN REVIEW COMMITTEE NO. 97-33, REQUEST TO CONSTRUCT A 23,500 SQUARE FOOT RETAIL BUILDING FOR AN OFFICEMAX OFFICE SUPPLY STORE USE, AT 5895 KATELLA AVENUE: The City Manager asked the Community Development Director to summarize the staff report which represented a request by Mr. Tab Johnson of T & K Development, to construct a 23,500 square foot retail commercial building intended for an OfficeMax office supply store use. The project proposal also included the transfer of 15,000 square feet of development rights from Planning Area 6 of the McDonnell Center specific Plan area, to Planning Area 4 where the proposed project site is located. The proposed project meets all development codes and standards set forth in the City of Cypress Zoning Ordinance and the McDonnell Center Specific Plan. The proposed development is also consistent with the goals and policies set forth in the City of Cypress General Plan. Additionally, the Initial Study Checklist and Mitigated Negative Declaration have been prepared for the proposed project in accordance with the requirements of the California Environmental Quality ACt (CEQA). The Design Review Committee approved the architectural and site design of the proposed building on November 13, 1997. The Design Review Committee's decision shall become effective upon the City Council's consent to the approval of Design Review Committee Permit No. 97-33. The Community Development Director answered questions from the Council on parking, ingress and egress, signage, seismic and mitigation measures and driveways. It was moved bv Mayor Jones and seconded bv Councilmember Carroll to: 12 CITY COUNCIL MINUTES December 8, 1997 Adopt a Finding of De Mlnimis Impact, approve the Negative Declaration and direct staff to file a Notice of Determination and De Minimis Impact Exemption with the County of Orange, County Clerk-Record; and Adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 97-33, subject to conditions. RESOLUTION NO. 4887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-33 - WITH CONDITIONS. The motion unanimously carried with the following roll call vote: AYES: NOES: ABSENT: S COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None REVIEW OF PLANNING COMMISSION STUDY: Mayor Jones prefaced the discussion with the statement that this item was a review and there would not be a vote this evening by the Council on the implementation of a Planning Commission. The City Manager reported that as part of the City Council's Workplan Objectives, staff was directed to prepare a report on the advantages and disadvantages of utilizing a Planning Commission. In accordance with the Workplan, the report identified the potential duties of a Planning Commission, the relationship between the Planning Commission and the City Council, the associated costs and how a Planning Commission may affect fast-track processing. The Community Development Director described additional information provided in the staff report and indicated, for the record, that she had two items of correspondence. One was from the Cypress Chamber of Commerce, signed by Lew Stokes as President and said, "Dear Mayor Carroll: With the understanding that there is consideration of creating a Planning Commission, the Cypress Chamber of Commerce wishes to express our desire to keep the decision-making capacity in the hands of our elected City Council. For more than a decade, past and present Councilmembers have contributed immeasurably to the success of our City by maintaining control over planning decisions. Their effective and prudent actions concerning our City's development are indisputable evidence of their leadership and vision for our future. By assuming these planning responsibilities, our City Council has developed a valuable conduit to the heart and soul of this community. In both residential and business-related issues, the professionalism of the City staff are obvious to everyone who has had the need to engage their services. Without question, the City of Cypress' current approach to planning and the results should be the envy of every Southern California community and as residents and business owners in the City of Cypress, we appreciate the continuing efforts of our City Councilmembers in the planning and development of the City and it's our hope that our City's planning process continues in its present successful format. Respectfully, Lew Stokes President." AlSo received was a letter signed by Phil Wendel who previously spoke during oral communications from the Cypress Economic Development Council indicating that, "The Board voted unanimously on November 12 to oppose the reinstatement of a Planning commission. That they feel strongly the establishment would have a negative impact on the business attraction and retention of the Cypress Business Park. They urge the City Council to continue the business friendly atmosphere that makes Cypress special and reject any proposal to create another layer of bureaucracy that would hamper the economic prosperity that the City of Cypress presently enjoyed. Signed by Phil wendel as Chairman of the Cypress Economic Council." She then summarized the Information in the report that was received from several local jurisdictions in Orange and Los Angeles Counties. She referred to the 1990 ballot measures on whether to reinstate a Planning Commission, which was defeated. She read the tasks for Planning Commissions which were to take action on design review applications, conditional use permits and variances and she provided rough estimates on the added cost of such a Commission. Councilmember Keenan commended staff on the report and he felt that citizen input was needed, which is the one thing that has not been addressed. Councilmember Carroll said he had reasons for pursuing the general concept further. The Council should be doing things they are hired to do. He felt that a more precise report be developed on what a Planning Commission should do in Cypress and not just receive and file the report. Councilmember Piercy voiced her opposition to a Planning Commission. She didn't perceive a great number of projects that would require a Planning Commission which 13 CITY COUNCIL MINUTES December 8, 1997 would be an extension of the Council. She believed the best way to Involve the citizenry was through a vote. She suggested that additional investigation be done and then the issue placed on the ballot for the next election. Councilmember Carroll stated that the Council has the right to make a decision on a Planning Commission. Due to the lateness of the hour, it was moved by Mayor 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, Carroll, Keenan, Piercy and Jones None None Resuming discussion on the Planning Commission, Councilmember Carroll commented that the requirements, duties and appointments to the Commission have not been established and there is nothing to vote on. Mayor Jones stated that it was far too early to determine if a vote should be taken on this issue. At this point, the Council is attempting to gather information and the mention of a vote of the people clouded the issue. Councilmember Keenan concurred and he hasn't studied the issue enough to make a determination. Councilmember Bowman said that previously the cost for a Planning Commission was an emotional issue. He and another Councilmember had written arguments in favor of the Planning Commission when it was voted on in 1990 but the situation has changed. He believed that a Planning Commission provided checks and balances. The decision whether there will be a Planning Commission or not should be made bv a vote of the people. Councilmember Carroll asked if the cost of the election when this item was on the ballot was available. Mayor Jones suggested that the focus be to study this item and to obtain more knowledge then a public hearing held and a decision made. Councilmember Piercy commented that the City is almost built out, the City has had 20 years with a planning commission and 20 years without one. The City Manager clarified the motion as follows: staff will bring the item back with several alternative models for the tasks and organization of a Planning Commission and identify methodology for implementing a Planning Commission. A public hearing will be scheduled to solicit public comment. Mayor Jones suggested that the information be gathered and studied prior to the scheduling of a public hearing. Councilmember Carroll suggested a workshop session. Councilmember Bowman recommended the item be tabled until the information is available and then a workshop. The City Manager clarified that the information will be gathered, brought back to the Council, who will determine whether or not they wish to schedule a public hearing on the matter. It was moved by Mayor Jones and seconded by Councilmember Carroll to receive and file the staff report and proceed with Council direction. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: O COUNCILMEMBERS: O COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None RECESS: Mavor Jones recessed the meeting at 11:55 p.m. and reconvened at 11:58 p.m. with all Councilmembers present. APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND CONIMITTEE~: Mayor Jones referred to the staff report which requested that the City Council, following the completion of its annual reorganization, reconsider the City Council's appointments to the various organizations and committees. Mayor Jones opened the discussions, mentioning that she would decline the opportunity of serving on the Orange County Regional Airport Authority. She asked various Councilmembers if they wished to serve on the organizations listed and based on those discussions, the following appointments were made. 14 CITY COUNCIL MINUTES December 8, 1997 Orange County Sanitation District (Meets 4th Wednesday of the Month) Mayor- Representative TOm Carroll - Alternate League of California Cities Orange County Division (Meets 2nd Thursday of the Month) Mayor- Representative Tim Keenan - Alternate Santa Ana River Flood Protection Agency Tim Keenan Mary Ann Jones - Alternate Southern California Association of Governments Tom Carroll- Representative Tim Keenan - Alternate City/Cypress School District Joint Steering Committee Anna Piercy Walter Bowman Growth Management Area No. 2 (Measure M) Anna Piercy - Representative Joint Ventures Committee w/cities of La Palma, Los Alamitos, Seal Beach Tim Keenan Walter Bowman Orange County Fire Authority TOm Carroll- Representative Anna Piercy - Alternate League of California Cities Legislative Delegate Program Mary Ann Jones OCTA - Corridor Elected Officials Committee Tom Carroll Library Advisory Board Anna Piercy - Representative Tim Keenan - Alternate Joint Communications Center Executive Board Tim Keenan - Representative Anna Piercy - Alternate Orange County Council of Govts. Tim Keenan SCAG Transportation/ Communications Committee Tim Keenan Friends of Cypress Cultural ArtS, Inc. Walter Bowman Friends of Cypress Recreation & Parks, Inc. Anna Piercy Orange Countv Vector Control District (meets 3rd Thursday of the month) Sandra Montez Orange County Regional Airport Authority Anna Piercy Hearing no objection, Mayor Jones made the above-mentioned appointments. APPROVAL TO ESTABLISH A D.A.R.E. PROGRAM AT HOLDER ELEMENTARY SCHOOL, LOCATED AT HOLDER STREET, SOUTH OF ORANGE AVENUE, BUENA PARK: The City Manager asked the Acting POlice Chief to present the staff report advising that the Savanna School District had contacted the Cvpress Police Department to inquire if thev might provide a D.A.R.E. Program for the Holder Elementarv School's sixth grade classes with an estimate of the costs. A formal letter was received from the Superintendent of the Savanna School District requesting the implementation of the D.A.R.E. program. The estimated costs in providing a D.A.R.E. Program to approximately 100 students is $2,005.30. Councilmember Carroll said his position was that Cypress should not be expected to take the cost out of Cypress tax money to pay for D.A.R.E. in another city. Councilmember Bowman commented that he felt a proactive position should be taken with the D.A.R.E. program and he would be in favor of funding the program. 15 CITY COUNCIL MINUTES December 8, 1997 It was moved by Councilmember Bowman and seconded by Councilmember Piercy to approve the request of the Savanna School District for a D.A.R.E. Program at Holder Elementary School for the 1997/1998 fiscal year. Councilmember Carroll said he would vote "no" on this item because he didn't feel that Cypress should fund the cost of the program for a school in Buena Park. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Jones NOES: I COUNCILMEMBERS: Carroll ABSENT: 0 COUNCILMEMBERS: None Mr. Pat Ochoa, a member of the Savanna School District Board, thanked the Council for their support. CONSIDERATION OF COMMERCIAL WARRANT LIST: It was moved by Councilmember Keenan and seconded by Councilmember Piercy to approve the Commercial Warrant List for Warrants No. 29390 through 29621. The motion carried by the following unanimous roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones None None RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-officio Governing Board of Directors. Nothing was presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. RECESS: Mayor Jones recessed the meeting at 12:15 a.m. to enable the City Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 12:16 p.m. with all Councilmembers present. ORAL COMMUNICATIONS: For Matters Not on the Agenda. The City Manager thanked the Community Development Director, Chris Kelly, for her hard work on compiling the Lincoln Avenue Streetscape project and the aesthetic improvements to the bridge. Mayor Jones reminded the audience that the Cypress Holiday Sing would be conducted on Friday, December 12 at the Senior Citizens Center at 7:00 p.m. Councilmember Piercy suggested that a Christmas tree be set up in front of the Council Chamber and conduct the Holiday Sing there for next Christmas. WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented. ADJOUI~NMENT: Mayor Jones adiourned the meeting at 12:30 a.m. to Tuesday, December 16, 1997 at 7:30 a.m. at the Cypress Golf Course, for a meeting with Assemblyman Scott Baugh. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 16