Minutes 96-08-26 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 26,1996
The Regular Meeting of the Cypress City Council was called to order at 4:36 P.M.,
Monday, August 26,1996, in the Administrative Conference Room, West Wing, City Hall,
5275 Orange Avenue, Cypress, Mayor Walter K. Bowman presiding.
PRESENT:CounclimemberS Age, Carroll, Kerry and Bowman
ABSENT: CouncilmeMber Jones
Also present were the City Manager Mark ochenduszko, City Attorney John Cavanaugh
and staff members Kelly, DeliaLonga and Storey.
WORKSHOP SESSION: (Acting as the Cypress Redevelopment Agency)
The Status of Redevelopment - Land Uses and Finances.
The City Manager introduced the Workshop Session which was a review land uses and
long term tax increment projection for the three project areas within the
Redevelopment Agency.
RECESS: Mayor Bowman recessed the meeting at 5:25 p.m. to enable the Council to
continue the meeting in the Council Chamber. The meeting reconvened at 5:30 p.m.
with all Councilmembers present except Councilmember Jones. Also present were the
City Manager, City Attorney and Police Chief.
The City manager advised that an Urgency item needed to be added to the Closed
Session Agenda which required a four-fifths vote. It was moved by Councilmember
Kerry and seconded by councilmember Carroll to add to the Closed Session Agenda the
matter regarding the stolen van and subsequent shooting by Cypress Police officers that
took place on Friday, August 23, 1996. The motion unanimously carried by the following
roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
CLOSED SESSION: Mayor Bowman then recessed the meeting allow to the Council to
enter into Closed Session to discuss the agendized items of: Conference with Legal
Counsel - Existing Litigation (Government Code Section 54956.9(a), Liability Claims
(Government Code Section 54956.95) against the City of CVpress/CypreSS Recreation and
Park District filed by the following claimants Tammy Bradley, Eric Trevizu and Kim Placek
and the added item of Conference with Legal Counsel - Anticipated Litigation
(Government Code Section 54956.9(b). The meeting reconvened at 7:00 P.M. with all
Counclimembers present except Counclim ' ember Jones. Also present were the City
Manager, City Attorney and staff members Angus, Bacock, DeCario, Storey, Vazquez and
Wicker.
7:00 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Age.
PRESENTATIONS:
Mayor Bowman announced that the presentation of grant funds to the Cypress Police
Department from Target Stores was continued to the next Council meeting. Also, Shaw
industries, the Cypress Post of the American Legion and Chuck and Dave Hansen of
Cypress Auto TOW have donated funds to the D.A.R.E. program.
The City Manager provided an overview of those discussions held during the Workshop
Session.
The City Attorney advised that an item was added to the Closed Session agenda by the
Council by a four-fifths vote regarding potential litigation in the police officer involved
shooting occurring Friday, August 23. The remainder of the items were existing
litigation case of U.S. Government vs. Montrose Chemical Corp and the three claims
involving the Tort Liability Claims Act.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. No one
spoke.
AWARD OF CONTRACTS:
CONSIDERATION OF AWARD OF CONTRACT TO PURCHASE EIGHT (8) BLACK AND WHITE POLICE
VEHICLES: The City Manager asked the Chief to present the staff report dated August 7,
1996, which advised that a 'Letter of Intent" had been authorized by the City Council in
November 1995. During the current budget process, Council approved the replacement
of eight black and white patrol cars. This request is a follow-up to the "Letter of Intent"
with an award of contract to purchase the vehicles and to award a contract to purchase
and install the necessary equipment on the cars.
Councilmember Carroll asked for some discussion on why the formal bidding process
was not used and the vehicle source. The Finance Director said that the Countv Of LOS
Angeles had gone through the formal bid process for police-readv vehicles and the City
Piggv backs onto the bid. Councilmember Kerry asked if the City verified bids to
determine if the offers from another public entity are actually the lowest bids. The
Finance Director replied that the City has the ability to bid against the contract but have
not done so with police vehicles because they are specialty equipped. Councilmember
Kerry suggested that, in the future, verification be made of those bids.
It was moved by Councilmember Carroll and seconded by Councilmember Age to:
1Determine that it is in the best interest of the City to dispense with formal
competitive bidding pursuant to City Code Section 21A-10(e) for the purchase of
police cars;
2.Authorize the purchase of eight 1996 Ford Crown Victoria Police Sedans from
Wondr!eS Fleet Division, 1247 West Main Street, Alhambra, California 91801, in an
amount not to exceed $171,934.56;- and
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CITY COUNCIL MINUTES August 26, 1996
3.Award a contract to Hi Standard, 1110 West Barkley Avenue, orange, California
92668, for equipment, installation and conversion of eight new patrol cars in an
amount not to exceed $24,000.00.
The motion unanimously carried with the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
CONSENT CALENDAR:
All matters listed on the Agenda under 'Consent Calendar' are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Carroll requested that items No. 9 and 10, Parcel Map No. 96-137,
property located at 5710, 5740, 5770 and 11 1 37 Wariand Drive and 800 MHZ Radio System
Update, respectively, be removed.
It was moved by Councilmember Age and seconded by Councilmember Kerry to approve
the Consent Calendar Items No. 2 through 12, with the exception of Items No. 9 and 10.
The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
Item No. 2,: Motion to Approve City Council Minutes of July 30,1996, August 8,1996, and
August 12, 1996.
Recommendation: That the City Council approve the Minute of the Adjourned Regular
Meeting of July 30,1996, the Special Meeting of August 8,1996 and the Regular Meeting
Of August 12,1996; with Councilmember Carroll abstaining on the July 30,1996 and
August 8, 1996 meetings and Counclimember Age abstaining on the August 8, 1996
meeting due to their absence at those meetings.
Item No. 3: Motion to introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title only and to Waive Further Reading.
Item No. 4: Consideration of Proclaiming September 16 - 22,1996, as "Pollution
Prevention Week."
Recommendation: That the Mayor and City Council officially proclaim September 16 - 22,,
1996, as -Pollution Prevention Week" in the City of Cypress.
Item No. 5: Consideration of Proclaiming September 17 - 23,1996, as "Constitution
Week.,
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CITY COUNCIL MINUTES August 26, 1 996
Recommendation: That the Mayor and City Council officially proclaim September 17 - 23,
1996, as "Constitution Week" in the City of Cypress.
Item No. 6: Consideration of Vacancies on the Cypress Recreation and Community
Services Commission.
Recommendation: That the City Council authorize staff to advertise for the two (2)
vacancies on the Recreation and Community Services Commission due to the
resignations of Commissioners Brian Sunley and Leo Friedland.
Item No. 7: Consideration of Authorization to Attend the 98th Annual Conference of the
League of California Cities.
Recommendation: That the City Council authorize any interested Council Member and
staff to attend the 98th Annual Conference of the League of California Cities, to be held
on October 13 -15, 1996, at the Anaheim Convention Center, and be reimbursed for all
actual and necessary expenses incurred.
Item No. 8: Consideration of Acceptance of Project for Asphalt Concrete Overlay and
Installation of Signal interconnect Conduits in Cerritos Avenue, Public Works Project No.
9577.
Recommendation:it is recommended that the City Council:
1.Accept the project for asphalt concrete overlay and installation of signal
interconnect conduit in Cerritos Avenue, Public Work Project No. 9577, as being
satisfactorily completed in conformance with the project specifications; and
2.Approve the final retention payment to R. J. Noble Company, P. 0. Box 620,
Orange, California 92666, 35 days after the Notice of Completion is filed, if no
claims or objections have been filed and upon the Director of Public Works'
concurrence.
Item No. ii: Consideration of Appropriation of Funds for Nuisance Abatement Action
involving 4881 Cathy Avenue - Mr. Hoey's Property.
Recommendation: it is recommended that the City Council appropriate $5,000 from the
unreserved fund balance of the General Fund to Account Number 4187-11-270-07 for the
possible abatement of the nuisance at 4881 Cathy Avenue.
Recreation & Park District Matters:
Item No. 12: Consideration of Cypress Recreation and Park District's Debt Service Tax
Rate for the 1996-97 Fiscal Year.
Recommendation:That the City Council, acting as the ex-off icio governing Board of
Directors of theCypress Recreation and Park District, adopt the Resolution by title only,
title as follows,fixing the District's debt service tax rate to be .0070 percent (.000070) of
the assessed value.
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CITY COUNCIL MINUTES August 26, 1996
RESOLUTION NO. 189
A RESOLUTION OF THE C17Y COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING
BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX
RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1996-97.
Regarding Item NO. 9, Consideration of Acceptance of Parcel Map No. 96-137, Property
Located at 5710, 5740, 5770, and 11137 Warland Drive, Councilmember Carroll asked why
these parcels were being readdressed at this meeting when they were considered at the
previous Council meeting. The Acting Community Development Director stated that the
Tentative Parcel Map was before the Council at the last meeting and this is the final
map. it is a two tier process and there are no differences in the maps. it was moved by
Councilmember Carroll and seconded by Councilmember Age to approve Final Parcel
map No. 96-137 and authorize the City Clerk to sign the Record Map. The motion
unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
In regard to item No. 10, Consideration of 800 MHz Radio System Update, Councilmember
Carroll asked about the deadlines established by the FCC, if a date had been set for
presentation to Tri-Cities and he asked for the Chief's opinion on the system. The Chief
advised that the threshold dates established by the FCC had been met and they are no
longer a threat to the system. The 800 MHz Radio System is moving forward and Seal
Beach, Los Alamitos and Cypress are moving to consolidate law enforcement for those
jurisdictions into one location and when drafted, agreements will be brought to the
Council. it was moved by Councilmember Carroll and seconded by Councilmember Age
to receive and file. The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT:I COUNCILMEMBERS: Jones
END OF CONSENT CALENDAR
Mayor Bowman, noting the hour, brought forward the item from Deferred Business for
Council consideration.
DEFERRED BUSINESS:
CONTINUATION OF CONSIDERATION OF PURCHASE AND PLACEMENT OF BRONZE PLAQUE
HONORING FORMER CITY MANAGER DARRELL ESSEX: The City Manager asked Senior
Management Analyst Kevin Justen to present the staff report which Indicated that the
Council had approved the purchase of a plaque with a likeness of former City Manager
Darrell Essex, his name and year of service to the City. Council had also directed that the
plaque be mounted in the Administration building. At the August 12,1996 meeting,
Council directed that minor changes be made in the proposed design of the plaque,
approved a dedication ceremony and requested that staff provide estimates for both a
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CITY COUNCIL MINUTES August 26,1996
bas relief and a granite plaque with an actual picture etched into the granite. The
Council had also suggested contacting Mr. Essex to provide a statement to be engraved
on the plaque.
it was moved by Councilmember Kerry and seconded by Councilmember Age to approve
the selection of a bronze plaque, with bas relief, from Crown imperial Monument
Company, 1230 E. Lincoln Avenue, Anaheim, California 92805, mounted in Location #1
and an appropriation from the General Fund unreserved fund balance to Account 4104-
11-109-01 as needed. The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: I COUNCILMEMBERS: Jones
Mr. Justen then read the quotation prepared by Mr. Essex to be placed on the plaque.
NEW BUSINESS:
CONSIDERATION OF ADOPTION OF ORDINANCE, ADDING SECTION 17-71, SCHOOL TRUANCY, TO
THE MUNICIPAL CODE OF THE CITY OF CYPRESS: The Police Chief presented the staff report,
dated July 29,1996, which sought to add to the Municipal Code Section 17-71 as it relates
to a daytime curfew directed to enforcing mandatory and compulsory school
attendance by persons between the ages of six and 18 in the State of California. School
absenteeism negatively impacts funding for schools and students, can impact individual
development and can result in conduct and behavior that is detrimental to the
community. it is proposed to adopt an ordinance that would permit enforcement of
the compulsory education statutes by local law enforcement. The proposed ordinance
was drafted by the Orange County District Attorney's Office in cooperation with
representatives from the Orange County City Attorneys' Association. The Cypress City
Attorney has reviewed the ordinance and has agreed in concept with the proposed
ordinance. The Chief outlined what the ordinance does consistent with the State
Education Code.
The City Manager advised that he was aware of two phone calls received in the City
Clerk's office opposing the ordinance.
Councilmember Kerry expressed concern that the parents would be paving for the
minors' portion of the fines and it would impose a penalty on a parent who doesn't
have control over their child. Responding to Councilmember Kerry, the Chief provided
statistics on the truancy rate and types of crime committed by juvenile offenders.
in response to the Mayor's question as to how many people were in the audience on
this item, several raised their hands. Mayor Bowman asked if any member of the
Council had any opposition to allowing public comment and hearing no objection, he so
ordered. The following citizens expressed their opposition to the proposed ordinance
citing possible infringement upon parental rights, funding to implement the ordinance
and the application for home schoolers.
MS. Debra NunnalIV, 5772 Shirl Street, Cypress,
MS. Terri vanderstouwe, 10612 Beatrice Street, Cypress,
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CITY COUNCIL MINUTES August 26,1996
Mr. Ed Crossett, 5677 Nelson Street, Cypress,
Mr. David PUgSley, 6460 Chestnut, Buena Park,
Mr. John Fitle, 4684 Portofino Circle, Cypress,
Ms. Mary Patton, 5221 Hickory Circle, Cypress,
Ms. Marlene Johnson, 8592 Walker Street, Cypress,
Mr. Joseph M. Brown, 220 Martha Place, Fullerton,
Ms. Tonya Ruiz, 6130 Nauru Street, Cypress,
Mr. Corey Wylde, 2600 W. Cherry, Fullerton and,
Mr. Chris Quintana, 5780 Los Ranchos, Buena Park.
Mayor Bowman closed the public comment period.
At the request of the mayor, the Police Chief addressed the concerns that had been
voiced by the public. Existent under State law and the Education Code, Police,
Probation officers and School Official do have the right to detain and bring before a
review board any minor charged with violating the truancy laws. There are no truant
officers in the City of Cypress. Part of the intent of the ordinance is to create steady
funding for the school districts which have been lost over the years. He advised that
many of the concerns relate to the fair impart of the law and the method and
philosophy that is put forth by the enforcement agency and how they go about that
job.
Councilmember Carroll requested that his remarks on this subject be included in their
entirety in the minutes. "For openers, I want to clearly state to the Cypress Police Chief
and any other Police listening to this broadcast my position with respect to the Cypress
Police force. We select our officers carefully, we train them to the highest modern
Police performance standards, we equip them as well as our budget permits. I believe
they are well supervised and well led. They are the Cypress Police Forces and I support
them 100%, last year, this year and next year.
"I would like to introduce an analogy which may be relevant to the probable outcome
of this ordinance if it were passed. I have great respect for the Men and Women who
serve or have served in our military Armed Forces. However, we have seen that when
political decisions are made as to the use of these forces, a just plain wrong decision
(e.g. Viet Nam), or mission creep as we saw in Somalia, (mission changed from
humanitarian to political decision to punish and oust one of the local leaders), we ended
up with public disdain for the mission and too often disdain for the men and women
who were compelled by their profession to carry out these undesirable tasks.
"While intellectual arguments against this ordinance are compelling, this ordinance in its
concept does not merit an intellectual discussion. This proposed ordinance is
outrageous on its face. As you look at the details, it is even worse.
"I thank our wise far thinking forefathers for the Constitution and Bill of Rights, the First
Ten Amendments to protect us against misguided government bureaucrats who want
to interfere in our lives.
"This ordinance virtually takes a flame thrower to the First Amendment of this Great
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CITY COUNCIL MINUTES August 26,1996
Country. The City Attorney has furnished us with an opinion on this ordinance. I think
he is telling us it is unconstitutional in its form. He can speak for himself on this subject.
I think this ordinance is unconstitutional for sure.
"My question is why didn't someone just say NO when this was first brought up?
"This is the worst concept since the rounding up of the Japanese people in'the early
1940'S. I was living in LOS Angeles, California at the time. People were rounded up and
taken away because they looked Japanese and they may become spies or something.
"What is the sequel to this ordinance. Will we have the children wear the Star of David
on their sleeve so the police can identify them easier.
"As for an anti-crime or anti-gang effectiveness measure, do you really think that people
who do drugs, sell drugs, rob, assault and kill other people will now have their knees
turn to jelly at the thought of a $100 fine. That won't do,.much good. Let's go.even
further.
"This ordinance parallels the Prohibition Act of the 1920's in giving the Police an
unpopular, preposterous job to perform, making them look foolish.
"Using armed uniformed police as truant officers will surely alienate the school-age
children from our police and it will be a life long alienation, further disrupting our
society. I have attended several DARE Graduation programs. The kids there really like
and respect the Police who are associated with DARE. This ordinance would undermine
the DARE program when the kids see the police not a friend but in the menacing role of
truant officer.
'Whatever the problems we have in educating our children fascist police action is not
the right answer. I oppose this ordinance and ask Cypress to reject it."
Councilmember Age asked the City Attorney for his opinion. The City Attorney
remarked that he had serious concerns from the time it was drafted and he still has
those concerns. The concept is laudable; the means by which it is to be attained has
serious legal concerns. There are constitutional concerns and State preemption
concerns. If the Council wished to proceed with the ordinance, he believbd it needed
to be amended to address the concerns related by the speakers otherwise those people
would be subject to violation.
Mayor Bowman suggested that this item be continued. Counclimember Kerry asked the
Police Chief and the City Attorney to review options, along with an evaluation of the
concerns.
It was moved by Councilmember Carroll to reject the proposed ordinance. The motion
failed for lack of a second.
Counclimember Age asked if there was any input from the Cypress School Board,
Anaheim School Board and the Orange County Board of Trustees.. The Police Chief would
obtain that information for the Council.
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CITY COUNCIL MINUTES August 26,1996
It was moved by Councilmember Kerry and seconded by Counclimember Age to
continue this item to the City Council meeting of September 23,1996. Councilmember
Carroll said that on its face, the ordinance is most likely unconstitutional. it Is a principal
that is involved, it has no intellectual merit, it is the wrong thing to do for the children
and the parents. it is a waste of the Chief's time to rehash this ordinance and he would
vote no on continuing this item. The motion carried by the following roll call vote:
AYES:3 COUNCILMEMBERS: Age, Kerry and Bowman
NOES:I COUNCILMEMBERS: Carroll
ABSENT: 1 COUNCILMEMBERS: Jones
Councilmember Kerry asked that the City Attorney review some of the issues that have
been stated by parents who have occasion to take their children out of school. She
suggested adding a list of exceptions.
RECESS: Mayor Bowman recessed the meeting at 8:25 p.m. and reconvened at 8:35 p.m.
with all Councilmembers present with the exception of Councilmember Jones.
PUBLIC HEARINGS: 7:30 P.M.
CONSIDERATION OF PUBLIC HEARING RE: APPLICATION FOR A SPECIAL PERMIT TO CONDUCT A
SECONDHAND BUSINESS - EAGLE TRADING COMPANY, 9559 VALLEY VIEW STREET, CYPRESS:
Mayor Bowman opened the public hearing. The City Manager presented the staff report
which represented a request for a Special Permit, as required by Section 15-56 of the
Cypress City Code, to allow the conduct of a secondhand business, consisting of selling
used clothing, at the Eagle Trading Company, 9559 Valley View street, Cypress, filed by
Marie M. Hagopian. The affidavits of Publication, Mailing, and Posting of the Public
Hearing Notices on this matter are on file in the Office of the City Clerk and no written
communications have been received either in favor of or in opposition to this Special
Permit application. The Chief of Police has conducted an investigation in accordance
with Section 15-60 of the Cypress City Code and finds no cause to protest the issuance of
this permit. in accordance with Section 15-62 of the Cypress City Code, the City Council,
having received the report from the Chief of Police and conducting a Public Hearing, is
to determine whether or not the operation of the business will comport with the
peace, health, safety, convenience, good morals and general welfare of the public, or
that the applicant or other persons responsible for the management or supervision of
the business is unfit to be trusted with the privileges granted by such special permit or
has a bad moral character, intemperate habits or a bad reputation for truth, honesty or
integrity. The Community Development Department was requested to submit any
conditions appropriate for the issuance of this Special Permit.
Mr. Albert Pellot, representing Marie Hagopian, said he installs all the displays in the
store and it is 1,670 square feet with a 25 foot frontage. He commented that he had
intended to put a table and one rack in front of the store to promote the business.
There was a question and answer session about the rack and table in front of the store.
No one wished to speak in support of or in opposition to the application.
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CITY COUNCIL MINUTES August 26,1996
It was moved by Councilmember KerrV and seconded by Councilmember Age to close
the public hearing and grant the Special Permit for a secondhand business to allow the
sale of used clothing at the Eagle Trading Company, 9559 Valley View Street, cypress,
subject to the following conditions:
1.There shall be no outdoor storage of materials.
2.Deliveries shall be prohibited between the hours of 10 p.m. and 7 a.m. daily, and
deliveries shall be prohibited on Sundays and federal holidays from 10 p.m. to 9
a.m., unless a conditional use permit authorizing such use has been granted for
the site (Section 10.7.D of the Cypress Zoning ordinance).
After some discussion on the third condition, Councilmember Kerry changed the
additional condition as follows, seconded by Counclimember Age.
3.One rack or one table, maximum six feet in length, placed adjacent to the front
of the shop but not more than one to two feet away from the building so as not
to impede pedestrian traffic.
The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 95-
24, ADDITION OF USED AUTOMOTIVE SALES, ACTION ALIGNMENT AND BRAKE, 9032-9052
WALKER STREET, CYPRESS: The public hearing was opened by the Mayor. The City
Manager asked the Acting Community Development Director to summarize the staff
report which requested an amendment to Conditional Use Permit 95-24 approved at the
February 26, 1996 City Council meeting for the construction of a 3,612 square foot
addition to an existing 2,830 square foot structure. The proposed amendment to the
permit would include used car sales with six used vehicles displayed within the
structure. The original staff report addressed the complaints received over the course
of a five year period. These complaints were from residents concerned with the lack of
parking on the public streets and vehicle testing on Bishop Street. In July of this year,
staff received yet another complaint. Again, the residents, complaints were about
insufficient parking and customer vehicle testing. These issues have been brought to
the attention of the applicant. Mr. Briganti has stated that until the completion of the
project, sufficient onsite parking will be a problem. He is aware of the importance of
compliance with all conditions of approval. in the interim, he informs new employees
not to test vehicles on Bishop Street. Additionally, employees are instructed to park on
his vacant site. in accordance with the California Environmental Quality Act, a
Categorical Exemption will be filed for this project. Notices of the public hearing were
mailed out to all property owners within a 300' radius of the subject property. As of the
drafting of this report, staff has received one complaint. However, staff has additional
calls from concerned residents. one resident was opposed to another use on site; a
resident on Bishop Street was also opposed to an additional use; a third Bishop Street
resident expressed opposition due to increased traffic and congestion and a fourth
resident was opposed due to traffic and compatibility issues with the neighborhood.
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CITY COUNCIL MINUTES August 26, 1996
Staff felt that the auto sales are probably a less intensive use than the auto repair use
that it would be replacing.
councilmember Kerry stated, for the record, that she drove by the facility on Saturday
about 6:30 in the evening and "found that on the existing parking lot site, there were
five cars parked there plus one motorcycle. On the dirt lot which is supposed to turn
into their additional parking which, by the way, they show eight parking places for
additional parking, I found 11 vehicles parked there. Two of which were RVs and also a
separate trailer that was sitting back there and lots of tires and other supplies.'
Mr. H. D. Robson, architect on the project and representing the applicant, Nat Briganti,
who was also present, explained the proposed project was to allow the display of six
vehicles in the building by eliminating one of the working bays. With the change, they
anticipate additional parking for employees which should resolve the parking problem.
Mr. Nat Briganti, 9052 Walker Street, Cypress, said that they are limited by the bay area
space available and if they have extra room, they will be able to turnaround the cars
faster. He said they never test drive down Bishop Street.
Councilmembers asked how would the amended permit improve the parking situation.
After further discussion on sufficient parking space, no one wished to speak in support
of the Project. mayor Bowman asked if anyone wished to speak in opposition to the
application.
Mr. Barry Cannata, 5541 Camp Street, Cypress, said he owns the house at 5541 Bishop
Street, adjacent to the facility. He suggested that perhaps the Mayor would abstain
from this discussion because he has property listed at the corner of Walker and Bishop
Streets. Mayor Bowman asked the City Attorney to address the question and the City
Attorney recommended a recess.
RECESS: mayor Bowman recessed the meeting at 8:10 p.m. and the meeting reconvened
at 8:12 P.M. with all Councilmembers present, except Mayor Bowman, who left the dias,
and Councilmember Jones with Mayor Pro TeM Kerry Presiding.
Mr. Cannata stated that each time this business grew, his neighbors complained and
now people are getting together and contacting the City. The traffic problem from
Action Alignment has been consistent. He then provided photos of the amount of cars
parked on Bishop Street for Action Alignment. There have been cars for sale on the lot
for some time. He opposed the granting of any further permits to enlarge the business
at that location. He asked the Council to reject the application and requested a parking
limitation from 8 a.m. to 5 p.m. on the right and left side of Bishop Street, starting at
Walker Street for 150 yards.
Ms. SaliV Kaspar, 5582 Bishop Street, Cypress, remarked that there are many young
children in the neighborhood and it frightened her when she saw cars going fast up and
down the street. She was not in favor of the proposed expansion of the business.
Bishop Street is constantly congested because cars are parked on both sides and the
onstreet parking should not be allowed.
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CITY COUNCIL MINUTES August 26, 1996
MS. Tammy Portwood, 1029 Pleasant View Avenue, Venice, daughter of Ms. Kaspar, spoke
about the amount of traffic on the street when she visited and children playing on the
street. The problem is already there, the residents have complained and she didn't
understand why the amendment was before the Council. The request should be denied.
MS. Lori Webber, 5592 Bishop Street, Cypress, commented that the street is very small
and deadends at the railroad tracks without a complete cul-de-sac. Her dog was hit, was
alive and left in front of her house. The person driving the car pulled into the Action
Alignment drive and was wearing the blue overalls. She had an occasion to speak to the
owner Of Action Alignment about three months ago and he was very rude and profane.
She mentioned other concerns of access onto Walker Street from Bishop Street and the
alley. She has tried to work out the situation with the owner of the business
unsuccessfully and had to get the Police Department involved in what she believed was
an extremely trivial matter.
Mr. Robson addressed some of the concerns and advised they were not adding any
square footage to the building that had previously been approved. By changing the
usage, they have added parking space. Mr. Briganti stated that he does not road test
vehicles down Bishop Street. He said he would try to do better as far as the parking
goes.
Councilmember Carroll asked the owner if there would be a problem if the permit were
conditioned that cars not drive east on Bishop and Mr. Briganti replied in the negative.
Councilmember Kerry suggested there be a no parking limitation on a certain area of
the corner of Walker and Bishop Streets on both sides of the street. She would
recommend that this item be referred to the Traffic Commission.
Councilmember Age said she was inclined not to approve this amendment because
there are too many issues that need to be addressed. She suggested that perhaps the
permit be denied without prejudice, which would give the applicant the opportunity to
work on the problems and return to Council without paying any additional fees. She
would consider continuing the project so the matter can be referred to the Traffic
Commission for their input and giving the applicant the opportunity to work with his
neighbors. Councilmember Carroll agreed that the Traffic Commission should consider
the project to determine what could be done to ameliorate the problems.
After additional discussion, it was moved by Councilmember Carroll and seconded by
Councilmember Age to continue this item to the Council meeting of September 23,
1996. The motion carried by the following roll call vote:
AYES:3 COUNCILMEMBERS: Age, Carroll and Kerry
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
ABSTAINED: 1 COUNCILMEMBERS: Bowman
Mayor Bowman returned to the dias.
CONSIDERATION OF PUBLIC HEARING RE: GRANTING A FRANCHISE TO METRICOM, INC., TO
PROVIDE WIRELESS DATA TRANSMISSION SERVICES WITHIN THE CITY OF CYPRESS: The Mayor
12
CITY COUNCIL MINUTES August 26, 1996
opened the public hearing. The City Manager called upon the Acting Public Works
Director, Gonzalo Vazquez, to summarize the staff report to which was attached a
proposed ordinance granting Metricom Inc. a franchise to operate a wireless data
service within the CitV's right-of-waV. Metricom has worked out an agreement to install
these devices on Southern California Edison's (SCE) street lights. In consideration of the
granting of a franchise, Metricom is proposing to Pay to the City 5% of Metricom's gross
revenues. Since the writing of the report, Metricom has provided the City with updated
projected revenue information of S805 per month rather than the Sl,000 stated in the
report. Section 1103 of the City Charter requires that before granting any franchise, the
City Council adopt and publish a resolution declaring its intention to grant same, and
setting a public hearing date for the franchise. Only after hearing all persons desiring to
be heard on this Issue may the Council grant or deny the proposed franchise. Such a
resolution was adopted by the City Council on August 12,1996, setting Monday, August
26, 1996, at 7:30 p.m. as the date and time for said hearing, and was published by the
City Clerk ten days prior to said hearing.
Councilmember Carroll asked that the franchise agreement reflect that during an audit,
if an error is a certain percentage of what should have been paid to the City as opposed
to what was paid the City, it should define who pays for the audit. if the error it great,
enough, Metricom would Pay for the audit. Referring to Section 1.7 he believed that it
should be tighten up because the City should not be subject to Metricom's collection
abilities.
Mr. Joe Milone, representing metricom, Inc., 5000 Birch Street, Newport Beach, stated
they have worked closely with the Public works Department and the City Attorney. He
volunteered to answer any questions from the Council and he provided pictures of the
radio device.
No one wished to speak in support or in opposition to the proposed ordinance.
It was moved by Councilmember Age and seconded by Councilmember Kerry to close
the public hearing and approve the first reading of the ordinance by title only, title as
follows, granting Metricom, Inc. a non-exclusive franchise to provide wireless data
transmission services within the City utilizing Southern California Edison Street light
poles located in the public right-of-waV.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, GRANTING
TO METRICOM, INC., ITS SUCCESSORS AND ASSIGNS, A NONEXCLBSIVE FRANCHISE TO
ATTACH, INSTALL, OPERATE AND MAINTAIN A WIRELESS DIGITAL COMMUNICATIONS
RADIO NETWORK IN, ON, OVER, UPON, ALONG AND ACROSS THE PUBLIC RIGHT-OF-WAY
IN THE CITY OF CYPRESS, CALIFORNIA, AS THE SAME NOW OR MAY HEREAFTER EXIST,
PRESCRIBING CERTAIN RIGHTS, DUTIES, TERMS AND CONDITIONS IN RESPECT THERETO.
The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: -Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT:1 COUNCILMEMBERS: Jones
13
CITY COUNCIL MINUTES August 26,1996
CONSIDERATION OF PUBLIC HEARING RE: AMENDMENT TO THE ZONING ORDINANCE NO. 96-3.
AMENDING SECTION 13.4 ANTENNAS OF THE CYPRESS ZONING CODE TO ADD DEVELOPMENT
AND PERFORMANCE STANDARDS FOR CELLULAR, PCS AND OTHER WIRELESS ANTENNAS: The
public hearing was opened by Mayor Bowman. The Acting Community Development
Director reviewed the staff report and the attached ordinance which was the result of
July 22, 1996 City Council direction on various standards that should be added to the
current code on wireless antennas. The ordinance establishes a two-tier approach to
processing cellular, pcs and other wireless antenna applications. Facilities that are of a
stealth nature (which enhance or blend in with the physical environment) would be
permitted subject to design review, while other more visible facilities would still be
subject to a conditional use permit. The ordinance also includes a new exemption for
the new type of small satellite dish antennas. in accordance with the requirements of
the California Environmental Quality Act, this proposed ordinance is exempt.
Responding to Councilmember Age's inquiry on the performance bonds, the City
Attorney replied that he has reviewed the performance bond issue and perhaps the
Planning Center's purpose in recommending against it is the feeling it could be
accomplished through some kind of lease agreement. He did not have a problem with
respect to requiring a performance bond.
Councilmember Kerry asked if the two types of antennas could be separated for the
purpose of requiring performance bonds. The City Attorney replied in the affirmative.
Mayor Bowman said any City requirement for removal cannot be satisfied in a lease.
Councilmember Carroll suggested leaving the bond issue on a case-by-case basis.
Mayor Bowman asked if anyone wished to speak in favor of the ordinance. No one did
so. He asked if anyone wished to speak in opposition to the ordinance.
Ms. Jean LeDuc, representing Pacific Bell Mobile Services, reiterated some things in terms
of Pac Bell's position such as their opposition to the residential setback, antenna
maximum and the bond requirement in the proposed ordinance.
No one else spoke.
After some discussion, Councilmember Kerry recommended that if the City Attorney
had any changes he felt were necessary to clarify Sections 13.4-3 and 13.4-4 to do so.
She also recommended the ordinance be changed so that bonding is required if a
Conditional Use Permit is required in the two tier process. if staff determines Design
Review is adequate and a stealth design that is approved by staff, then a bond should
not be necessary and the ordinance amended.
it was moved by Councilmember Kerry and seconded by Councilmember Carroll to close
the public hearing and approve the first reading of the Ordinance by title only, title as
follows, amending Appendix 1, zoning, of the Code and amending Section 13.4, including
a two tier process for bonding and any other clarification as discussed.
14
CITY COUNCIL MINUTES August 26, 1996
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING
APPENDIX 1, ZONING, OF THE CODE OF THE CITY OF CYPRESS AND AMENDING SECTION
13.4 REGARDING ANTENNAS.
The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
NEW BUSINESS:
CONSIDERATION OF APPOINTMENTS TO THE ORANGE COUNTY LEAGUE OF CITIES' LIBRARY AND
LANDFILL AD HOC COMMITTEES: Mayor Bowman referred to the staff report which
advised that the Orange County Division of the League of California Cities has requested
the City appoint a Councilmember to the Library Services and Landfill System Ad Hoc
Committees, which are being formed, to provide input to the County of Orange.
Mayor Bowman asked for volunteers and Councilmember Carroll volunteered to
participate on the Landfill System Ad HOC Committee and hearing no objection, mayor
Bowman so ordered. Councilmember Jones was appointed to serve on the Library Ad
Hoc Committee.
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 22241 - 22428: It Was
moved by Councilmember Carroll and seconded by Councilmember Age to approve the
Commercial Warrant List for Warrants No. 22241 through 22428 in the amount of
$1,300,338.10. The motion unanimously carried by the following roll call vote:
AYES:4 COUNCILMEMBERS: Age, Carroll, Kerry and Bowman
NOES:0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, asked if the lights at Peppertree Park
could remain on later and the sprinklers turned on later. Staff will check into the
situation. She spoke about another problem with the trash company and trash left in
the street. The trash cans are being ruined by the clamps on the trash trucks.
Mr. TiM Keenan, 4157 Devon Circle, Cypress, asked the Council to provide recognition to
Tiger Woods, a local youth, which goes beyond the usual resolution and proclamation to
seriously consider naming a street or park after the hometown hero.
Mayor Bowman advised that instructions have been given to the City Manager to
contact the family to determine some appropriate form of recognition.
Mr. Don Wesling, 11431 Anegada Street, Cypress, brought up the sale of property by
Mayor Bowman to Briggeman Disposal and referred to the disposal franchise agreement.
15
CITY COUNCIL MINUTES August 26, 1996
He was concerned about Briggeman not dumping the City's trash in the County of
Orange to increase their revenue. He spoke about the Shaw warehouse that he had to
loo ' k at every morning, listen to the big trucks coming out and blamed the Council that
voted for the project the same evening and not continuing the item.
At this time, mayor Bowman quoted from Decorum, Section 2-2-15(b). He S@ld that if Mr.
Wesling continued to slander the Council, they would vote on whether or not he would
be allowed to remain at the Council meeting.
Mr. Wesling referred to facts obtained from the orange County Registrar's office
regarding campaign funds. Councilmember Age stated that information was a matter
of public record, it had nothing to do with City business and she called for the question.
Mr. Wesling left the meeting.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda.
Counclimember Kerry spoke of the Eagle Scout award that she attended yesterday and
expressed her pride In these events. She suggested that perhaps the names of the
Eagle Scouts could be announced twice a year and perhaps a plaque could be installed
with the names of Cypress' Eagle Scouts. She asked this be made an agenda item.
Councilmember Kerry also attended the Athletes of the Year dinner for Michelle
Woiemberghe and Ike Hicks and she suggested considering an annual award honoring
the student athletes of the year. Mayor Bowman suggested that the Recreation and
Community Services Commission might want to consider the annual award and
reconsider the selection process to include all the high schools that cypress residents
attend.
CouncilmeMber Carroll announced that the public comment period on the closure of El
Toro has been extended to October 15. An EIR study is available or will be available soon
at the local library.
ADJOURNMENT:Mayor Bowman adjourned the meeting at 10:45 p.m.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
16