Minutes 98-02-23CITY COUNCIL MINUTES
CITY OF CYPRESS
February 23, 1998
BOARDS, COMMISSIONS, COMMITTEES--Adopt Ord amending various sections of Code
BLDG DEPT--Auth additional bldg inspector and bldg official services & approp of funds
CIVIC CENTER--Award contract for renovation project, PW Proj 9801
CUP NO. 80-3--Application withdrawn and P/H closed
CUP NO. 97-32 & VAR NO. 97-10--Cont P/H on Telecomm Antenna Facility, 8911 Watson, to 3/23
CYPRESS TWIRLERS--Apprv request to use City Council Plaza Ar3ea 6/27, 7/25 & 8/22
EMERGENCY SERVICES FUNDS--Adopt Reso designating City officials authorized to execute apps
EMPLOYMENT LIST--R/F list for Jailer/Property Clerk
FINANCE DEPT., COMM WARRANT LIST--Apprv list for Warrants NO. 30385 - 30613
LAND USE DEVELOPMENT--Award contract to consultant specializing in organization processes
LINCOLN AVENUE STREETSCAPE--WorkshOp session held to receive conceptual approval
LIVE ENTERTAINMENT PERMIT--COnt P/H tO 3/9/98, The Huntress, 5591 Lincoln
LIVE ENTERTAINMENT PERMIT--Cont 6 month review for Via Maria, 9969 walker, to 3/23
LIVE ENTERTAINMENT PERMIT--Deny renewal of permit for The Gig, 9191 Valley View
ORAL COMMUNICATIONS--Citizens spoke on flooding, campaign finance reporting reform and
City Council business
PARKWAY TREE--Apprv removal of tree at 5841 Wellson Dr
PLANNING COMMISSION--Workshop session with additional information provided Council
POLICE DEPT--Apprv plans & specs for remodel project, PW Proj 9721
PROCLAMATION--PrOClaim March 1 - 7, 1998 as "Save Your Vision Week"
PROCLAMATION--PrOClaim March 16-21, 1998 as "Poison Prevention Week"
TUP NO. 98-1--Grant request to waive fee for LOS AI HS jazz band
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WEB HOSTING SERVICES--Item continued
ZONING CODE--COnt P/H on comprehensive update to 3/23
ZONING CODE--Cont P/H on Amendment NO. 98-1, adding specific auto-related use parking and
operational standards to 4/13
ZONING MATTERS--AdOpt ReSO apprv DRC No. 98-3, 2 access points, 5800 Lincoln/9111 Valley View
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.MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 23, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:35 p.m., Monday,
February 23, 1998, in the Administrative Conference ROOm, West Wing, City Hall, 5275
Orange Avenue, Cypress, Mayor Pro Tern Tim Keenan presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan and Piercy
Mayor Jones
AlSO present were the City Manager, City Attorney, Community Development Director,
City Planner, Public Works Director, Redevelopment/Economic Development Manager and
the Assistant to the City Manager.
WORKSHOP SESSION: Lincoln Avenue Streetscape.
The City Manager stated that the purpose of the Lincoln Avenue Streetscape workshop
session was to present to the Council the features of the preliminary design from the
Coyote Creek Bridge to Valley View Street. It was the intent to receive conceptual
approval from the Council to move forward, present the information to the Lincoln
Avenue Business Association and to receive input addressing individual concerns.
MAYOR JONES ARRIVED AT 5:40 P.M.
Mr. Steve Smith Of Larry Moss Associates explained the landscaping renderings and
architectural designs at the intersections along the Lincoln Avenue corridor from the
bridge to Valley View Street. Councilmembers requested that the citizens be asked for
suggestions for the identity name of the project.
Planning Commission Issue.
The Community Development Director introduced this item as a follow-up to the
direction given by the Council at the December 8, 1997 meeting. Based on discussions at
that meeting, Council directed staff to provide additional information on various
alternative models on how a Planning Commission might work and how to implement
those models. Staff presented the various decision making levels where the public may
provide input into the planning process and options on how a Planning Commission or
alternative Development Committee could function In the City.
Following discussion, Mayor Jones requested, for the record, the proposed charter
amendment be made part of the minutes as follows:
"First: This measure shall be known as The People's Right to Vote Charter Amendment.
Second: The People of Cypress hereby declare that it is their desire and intent that
planning and land use matters be handled by their elected representatives on the Cypress
City Council and such matters shall not be delegated to non-elected persons or groups,
unless such delegation is approved by a vote of the people pursuant to this Charter
Amendment.
Third: This measure amends the Cypress City Charter. Existing sections proposed to be
deleted are printed in strikeout type and new provisions are printed in italic type to
indicate that they are new.
Fourth: Article IV, Section 419 of the Cypress City Charter is amended to read:
§ection 41g. Ordinances. When EFfective. An ordinance shall become effective on
the thirtv-first daV after its adoption, or at anv later date specified therein, except
the following which shall take effect upon adoption., or as otherwise specified
herein:
(a) An ordinance calling or otherwise relating to an election.
(b) An ordinance declaring the amount of money necessary to be raised by
taxation, fixing the rate of taxation, levying the annual tax upon property, or
levying any other tax.
(c) An emergency ordinance adopted in the manner provided for in this Chapter.
CITY COUNCIL MINUTES February 23, 1998
(d) Any ordinance adopted after January 1, 1998 relating to the Councll's planning
agency powers shall take effect when authorized by the affirmative votes of a
majority of the voters voting at an election pursuant to Section 800 and 801.
Fifth: Article VIII, Section 800 of the Cypress City Charter is amended to read:
Section 800, In General. Subject to the limitations imposed herein, Tthe boards and
commissions heretofore established by the Council shall continue to exist and exercise
the powers and perform the duties conferred upon them; provided however that the
Council may by ordinance abolish any and all of said boards and commissions and may
alter the structure, membership, powers and duties thereof.
In addition, the Council may create by ordinance such boards or commissions as in
its judgment are required and may grant to them such powers and duties as are not
inconsistent with the provisions of this Charter., except however, any ordinance or
resolution of the Council which delegates any of the Counc#'s planning agency powers, or
which establishes a planning commission, administrative body or hearing officer(s), or any
other board or commission to perform the functions of a planning agency, shall not take
effect until authorized by the affirmative votes of a majority of the voters of the City
voting at an election. Further, any ordinance or resolution adopted after January 1, 1998
which delegates any of the Council's planning agency powers or establishes any planning
commission, administrative body or hearing officer(s), or other board or commission to
perform the functions of a planning agency shall be suspended subject to voter approval.
Sixth: Article VIII, Section 801 of the Cypress City Charter is amended to read:
Section 801. Appropriations. The Council shall include in its annual budget such
appropriations of funds as the Council shall determine to be sufficient for the efficient
and proper functioning of boards and commissions., except, however, in no case may
any appropriation of City funds be made for any planning commission, administrative
body, hearing officer(s), or board or commission formed under Section 800, or any
community advisory board to perform the functions of a planning agency, unless a full
fiscal analysis of costs, including estimated hourly costs for existing City officers or
employees, and for new officers or employees, to administer such an entity, is provided to
the voters at the election specified in Section 800. In the case of an entity approved by
the voters pursuant to Section 800, the total aggregate appropriation in subsequent fiscal
years may not exceed the cost analysis provided to the voters, except the appropriation
may be increased at the annual rate of inflation as determined by the consumer price
index.
Seventh: Severability: If any part of this charter amendment is held to be invalid for any
reason, such decision shall not affect the validity .of the remaining provisions of the
amendment, and we hereby declare that we would have voted for the amendment if
such invalid portion thereof had been deleted."
There was a request for some additional information and direction to schedule a public
hearing on the Planning Commission issue for citizen input.
RECESS: Mayor Jones recessed the meeting at 6:45 p.m. to allow the Council to continue
their meeting in the Council Chamber. The meeting reconvened at 7:07 p.m. with all
Councilmembers present. Also present were the City Manager, City Attorney, staff
members Casados, Christoffels, DeCarlo, Kelly, Weuve and Wylie.
7:00 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Councilmember Bowman.
INVOCATION: The Invocation was given by Bishop Douglas DeBurgh, The Church of Jesus
Christ Of Latter Day Saints, First Ward.
REPORT 01: CLOSED §I::cJ§ION/WORK~HOP AGENDA.
The City Manager reported on the discussions held on the Lincoln Avenue Streetscape and
the Planning Commission Issue.
Mayor Jones announced that the public hearing on Via Maria was being continued to the
City Council meeting of March 23, 1998 at the request of the applicant.
ORAL COMMUNICATIONS: Limited to One-half Hour.
Mr. TOm Davis, Salisbury Lane, Cypress, spoke on the lack of drainage at the sports field at
the Oxford site. He said he has mud under his house and the houses closer to Yorkshire
2
CITY COUNCIL MINUTES February 23, 1998
Drive have water under them. water does seep through the block walls during irrigation
and it is a problem. Mayor Jones advised that someone from the City will be contacting
him.
Councilmember Keenan proposed a future Agenda item on campaign finance reporting
reform. He felt that all funds, regardless of the amount, be reported on campaign
statements along with the name of the contributors.
The City Attorney advised that Councilmember Keenan's request is directed to a
reporting Issue, not contribution limits as proposed by Prop 208. He said if there is an
interest in this, he needed an authorization to do some research to render a definitive
written opinion outlining the scope of local regulatory power; hold a workshop and then
develop an ordinance. Councilmember Carroll asked to see the present regulations for
Cypress. Councilmember Bowman suggested including the caveat that a business person
running for Council not be allowed to finance their own campaign. The City Attorney
clarified that he would look at regulation being adopted at the local level, which would
impose greater reporting requirements than is currently required by State law. Mayor
Jones suggested that this be agendized for a future Council meeting and hearing no
objection, she so ordered.
AWARD OF CONTRACTS:
AWARD OF CONTRACT FOR TIlE CIVIC CENTER RENOVATION PROJECT, PUBLIC WORKS PROJECT
NO. 9801. The City Manager asked the Public Works Director to present the staff report
which indicated that one bid was received for the Civic Center renovation project to
remodel the interior of City Hall. Staff is suggesting that the one bid be considered
because several bid packages were sold to contractors so the low bidder did not know
until the bids were opened that he would be the only bidder. Staff has contacted
contractors who specialize in painting, electrical and millwork to see if the individual
costs were competitively priced.
Responding to Councilmember Carroll, the Public Works Director replied that the
architect's estimate was approximately $166,000 and after the prevailing wage was
factored in, came very close to the bid amount.
Councilmember Bowman said he would be more comfortable if more bids had been
received. The Public Works Director explained that he called the contractors that had
accepted bid packages and they reported that they had too much work. Also, hiring
subcontractors individually would not save much over the bid amount.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to
award a contract for Civic Center Renovation Project, Public Works Project NO. 9801, to
SMC Construction Company, 3303 Harbor Blvd., Suite E8, Costa Mesa, CA 92626, In the
amount of $178,715. 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
AUTHORIZATION FOR ADDITIONAL BUILDING INSPECTOR AND BUILDING OFFICIAL SERVICES AND
APPROVAL OF APPROPRIATION OF FUNDS. The Community Development Director reviewed
the staff report which advised that the Building Division utilizes contract building
inspection services to augment the existing personnel when the demand for Inspections
exceeds the available staff. The construction level continues to be high, resulting in the
need for additional contract inspection services. This increased demand has resulted in a
total of $17,500 being spent to date for assistance in inspections. Additionally, a contract
Building Official has been retained by the City of Cypress to provide interim services in
the absence of a permanent employee.
It was moved by Councilmember Keenan and seconded by Mayor Jones to:
Approve the appropriation of $8,000 from the unreserved fund balance of the General
Fund to account number 4189-11-243-09 to provide for the additional inspections
through June 30, 1998, for Melad and Associates and Willdan Associates, and
Approve a contract extension with Van Dorpe Chou Associates, Inc. for Acting Building
Official services for a maximum period of four weeks, for a not to exceed amount of
$6,000 based on an hourly rate of $60 per hour.
The motion unanimously carried by the following roll call vote:
3
CITY COUNCIL MINUTES February 23, 1998
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
AWARD OF CONTRACT FOR LAND USE DEVELOPMENT PROCESSING STREAMLINING STUDY. The
City Manager requested that the Community Development Director summarize the staff
report, which directed staff to hire an outside consultant specializing in organizational
processes to review the City's land use development process and to ensure that it is
streamlined and cost effective as part of the City Council's Workplan. Three proposals
were received for the first portion of this study to review the land use development
processing system.
The City Manager clarified that this is process engineering and an evaluation of a land use
application through Community Development, with Public Works implications, to
determine if the City is using staff effectively.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
award the contract for the land use development processing streamlining study be
awarded to Bucknam & Associates in an amount not to exceed $27,000. Sufficient
funding has been budgeted in Account Nos. 4189-11-191-06, 4189-11-201-07 and 4189-11-
241-09 for this project. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Pierc¥ and Jones
None
None
AWARD OF CONTRACT FOR WEB HOSTING SERVICES. The City Manager announced that staff
recommended that this item be continued.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
continue this item. The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Pieroy 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.
Councilmember Carroll requested that Item No. 14, Adoption of Resolution to Designate
Signature Authority for Emergency Services Funds, be removed.
It was moved by Councilmember Keenan and seconded by Mayor Jones to approve the
Consent Calendar Items NO. 5 though 14, with the exception of Item No. 14. 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
Item No. 5: Motion to Approve City Council Minutes of February 5, 1998 and February 9,
1998.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meeting of February 5, 1998 and the Regular Meeting of February 9, 1998, as submitted,
with Ma¥0r Jones and Councilmember Carroll abstaining on the February 5, 1998 Minutes
due to their absence at the meeting.
Item No. 6: MOtion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. ?: Proclaiming March 1 - ?, 1998, as "Save Your Vision Week."
Recommendation: That the Mayor and City Council officially proclaim March I - 7, 1998, as
"Save Your Vision Week" in the City of Cypress.
Item No. 8: Approval of Design Review Committee NO. 98-3, Request to Add Two (2) Access
Points Between the Home Depot Project and the Campus View Commercial Center,
Located at 5800 Lincoln Avenue/9111 Valley View Street.
4
CITY COUNCIL MINUTES February 23, 1998
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee No. 98-3- with conditions.
RESOLUTION NO. 4907
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-3 - WITH CONDITIONS.
Item NO. 9: Approval of Employment List for the Position of Jailor/Property Clerk.
Recommendation: Receive and file.
Item No. 10: Proclaiming March 16- 21, 1998, as "Poison Prevention Week."
Recommendation: That the Mayor and City Council officially proclaim March 1t~- 21, 1998,
as "Poison Prevention Week" in the City of Cypress, especially highlighting the dangers of
childhood lead poisoning.
Item NO. 11: Approval of Request From the Cypress Twirlers Square Dance Club to Use the
City Council Plaza Area.
Recommendation: That the City Council approve the request of the Cypress Twirlers
Square Dance Club for use of the City Council Chamber plaza area on June 27, July 25 and
AUgust 22, 1998, from 7:00 p.m. - 11:30 p.m., subject to the condition that the
organization be required to pay for any additional costs incurred in providing
maintenance and utility services.
Item No. 12: Approval of Plans and Specifications and Authorization to Solicit Bids for the
Police Department Remodel, Public Works Project NO. 9721.
Recommendation: That the City Council approve the Plans and Specifications for the
Police Department Remodel Project, Public Works Project No. 9721, and authorize staff to
solicit bids for the project.
Item No. 13: Approval of Request From the LOS Alamitos Band Booster Club for a Waiver
and Refund of Fees Associated with Temporary Use Permit NO. 98-1.
Recommendation: That the City Council grant the request to waive the application fee
for Temporary Use Permit NO. 98-1, and process a refund in the amount of $50.00, payable
to the Los Alamitos High School Jazz Band.
Regarding Item NO. 14, Adoption of Resolution of the City Council of the City of Cypress to
Designate Signature Authority for Emergency Services Funds, Councilmember Carroll
asked that the title of "Finance Director" be changed to "Finance and Administrative
Services Director." It was moved by Councilmember Carroll and seconded by
Councilmember Bowman to adopt the Resolution by title only, title as follows,
designating those City officials authorized to execute applications for emergency
management assistance grant funds and all future proclaimed disasters in order to obtain
financial assistance from the Federal and/or State governments.
RESOLUTION NO. 4908
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS TO DESIGNATE SIGNATURE
AUTHORITY FOR APPLICATION OR EXECUTION OF EMERGENCY SERVICES FUNDS.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
END OF CONSENT CALENDAR
ORDINANCES (Second Reading)
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
order the following Ordinance read by title only, title as follows, and to adopt the
Ordinance amending various sections of the Cypress Municipal Code.
5
CITY COUNCIL MINUTES February 23, 1998
ORDINANCE NO. 974
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE CYPRESS MUNICIPAL CODE, RELATING
TO THE APPOINTMENT TO BOARDS, COMMISSIONS, AND COMMITTEES, AND RELATING TO
SPECIAL PERMITS AND EXEMPTIONS FOR CERTAIN ORGANIZATIONS.
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 HEARINGS: ?:30 P.M.
CONTINUATION OF PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 80-3, A REQUEST TO EXPAND AN EXISTING CONTRACTOR'S STORAGE YARD, LOCATED AT 8851
WATSON STREET: The City Manager noted that a communication had been received from
the applicant requesting withdrawal of his application. Hearing no objection, Mayor
Jones ordered the Public Hearing closed.
CONTINUATION OF PUBLIC HEARING FOR A LIVE ENTERTAINMENT PERMIT AT THE HUNTRESS,
5591 LINCOLN AVENUE, CYPRESS: Mayor Jones opened the public hearing. The City
Manager advised that this item will be continued to the Council meeting of March 9, 1998
although a communication has been received from the applicant that she wishes to
withdraw the application for a Live Entertainment Permit; however, since it has been
noticed, the item is to be continued. At that time, staff will asked the Council that this
item be withdrawn.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
continue this item to the City Council meeting of March 9, 1998. 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
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 97-32 AND VARIANCE NO. 97-10,
TELECOMMUNICATIONS ANTENNA FACILITY, 8911 WATSON STREET, CYPRESS. Mayor Jones
declared the public hearing open. The City Manager asked the Community Development
Director to summarize the staff report. Prior to presenting the staff report, the
Community Development Director directed attention to Condition No. 25, third line,
changing the name of the company from "AirTouch Cellular" to "Nextel Communications."
The application represented a request, by Nextel Communications, to construct an
unmanned wireless telecommunications antenna facility at an existing contractor's
office/yard. The proposed project site is a lease area at the rear portion of the property
located at 9811 Watson Street. The proposed facility consists of a 38-foot high monopole
with 12 1' x 4' panel antennas and a 10' x 20' equipment enclosure building. The total
height of the monopole-mounted antennas is 40 feet. A variance from the Cypress
Zoning Ordinance is also proposed to allow the antenna system to exceed the 35 foot
height limit in the ML-10,000 Zone. The proposed antenna system meets all of the
development codes and standards set forth in the Cypress Zoning Ordinance, except for
the proposed height variance. Staff found that the findings required for approval of an
antenna variance can be justified. The proposed project is also consistent with the
provisions of the Lincoln Avenue Redevelopment Project Plan. Additionally, in
accordance with the California Environmental Quality Act (CEQA), an Initial Study and a
Negative Declaration have been prepared for this project. Notices of this public hearing
were posted, published and mailed to the owners of all properties located within 300 feet
of the subject parcel. TO date, staff has not received any communication regarding the
proposed project. Staff has reservations regarding the growing number of monopole-
type antenna facilities within the immediate vicinity of the proposed project site.
Therefore, staff recommended the City Council provide policy direction regarding the
threshold for determining proliferation of such antenna facilities within a certain radius.
Mayor Jones commented that it was her understanding that this issue was being
addressed by staff regarding the co-location and/or a consultant's opinion on monopoles
and she requested that additional information.
Councilmember Carroll would like to see an industry opinion on the co-habitational
location of the antenna.
CITY COUNCIL MINUTES February 23, 1998
MS. Barbara Saito, representing Nextel Communications, Inc., 17275 Derian Avenue, Irvine,
referred to Condition NO. 14 on painting the monopole and she suggested it be left in the
galvanized state, but they could paint it any color desired. Condition No. 17 regarding
the two mature trees, she said they are not adverse to putting landscaping on the
property; however, two mature trees are very large and would eliminate a lot of space
which could otherwise be utilized. She asked for clarification on Condition No. 34, which
did not entitle the facility to relocation benefits. She felt that if it referred to involuntary
relocation, then she felt it would be a possible violation of their Fifth Amendment rights.
At this point, Mayor Jones asked that relocation rights be explained. The City Attorney
responded that in return for granting the right and the variance, in the event the
property interests of this business are taken, they would be entitled to reasonable
compensation under the Fifth Amendment and under the California Constitution for the
value of any property interest taken. Staff is recommending that Council, in return for
placing this monopole within a project area subject to the eminent domain powers of
the agency, is unwilling to pay for those relocation costs.
Ms. Saito introduced Mr. Marty Zimmerman, an attorney from Nextel Communications,
and asked if he could addressed this issue.
Mr. Zimmerman said that they would be putting a lot of money into the property and the
engineers will be designing the future network around this site. He said that it was his
understanding that these are the conditions needed to satisfy the findings for a
conditional use permit.
The City Attorney replied that it was his opinion this is a condition that could reasonably
be imposed by the Council.
Mayor Jones suggested that Council proceed with the public hearing and it might have to
be continued because of the significance of the issue to Nextel.
The City Attorney stated, for the record, nothing the City is doing is requiring a waiver of
rights to just compensation. He also stated that it was his legal opinion that the
conditions placed before the Council tonight, if the Council wants to adopt, are legally
appropriate. If the applicant has some legal basis for an argument that those conditions
are not reasonable or enforceable, the Council would listen.
Mr. Zimmerman remarked that they would have to take this matter under consideration
because of the uncertainty of this site. He asked that any other issues with the site be
worked out with Ms. Saito and he will work on the relocation language.
After discussion, Councilmember Bowman clarified that the process has not been
completed and there may be other issues that arise, not just the relocation issue, because
all the input has not been received and there has been no vote taken.
The City Manager said that if this item is continued, it is at the request of the applicant
for review of the conditions of approval. Any discussions that take place between staff,
the City Attorney and Nextel do not commit the City Council.
Ms. Saito said that it was not unusual for her to ask questions at a public hearing
regarding conditions of approval. She asked if the Council would provide feedback on
Conditions NO. 14 and 17.
Mayor Jones responded that Council felt those items could be resolved through the
community Development Department.
After some discussion, Ms. Saito requested a continuance and the March 23, 1998 Council
meeting date was agreed upon.
Councilmember Bowman said he had a concern with the number of poles that are being
installed in that area and the mechanism at the top of the pole.
Mayor Jones asked if anyone wished to speak in support of the application. No one
spoke. She asked if anyone wished to speak in opposition.
MS. Josphine Berardi, 5399 Twin Lakes Drive, Cypress, expressed concern about the
appearance of the monopole and urged the Council to consider the number of these
poles in that area.
Councilmember Piercy asked if there was another type of facility that wasn't a free
standing pole because it appeared that the City is getting a large number of these
7
CITY COUNCIL MINUTES February 23, 1998
facilities. The Community Development Director responded that there are other types of
facilities.
Councilmember Keenan suggested that pictures from the pole to Twin Lakes Drive might
be appropriate. In order to continue to be business friendly, he felt that this is a service
the City needs to provide. He asked the applicant to address the state of the art of the
proposed pole vs. what else is available.
Ms. Saito explained that certain antennas are needed to receive the frequency in the 800
MHz band, how they operate and two other types of poles. She will bring in additional
photo studies from Twin Lakes Drive and the proposed antennas are the smallest that will
work.
After some discussion, it was moved by Mayor Jones and seconded by Councilmember
Keenan to continue this item to the Council meeting of March 23, 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
CONTINUATION OF SIX MONTH REVIEW OF THE LIVE ENTERTAINMENT PERMIT FOR THE VIA
MARIA RESTAURANT, 9969 WALKER STREET, CYPRESS: Mayor Jones commented that she had
announced earlier that a request for continuance was received from Via Maria Restaurant.
Mayor Jones opened the public hearing. The City Manager referred to the staff report
that subsequent to the public hearing notice, the licensee contacted the City Attorney
and asked for a continuance so that he and his attorney could meet with the City
Attorney and staff. Based on that request, the Public Hearing has been rescheduled for
the March 23, 1998 Council meeting.
No one wished to speak in support or in opposition to the application.
It was moved by Councilmember Jones and seconded by Councilmember Bowman to
continue the public hearing for the six month review of the Live Entertainment Permit
for the Via Maria Restaurant to March 23, 1998. 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
PUBLIC HEARING TO CONSIDER APPLICATION TO RENEW LIVE ENTERTAINMENT PERMIT FOR "THE
GIG," 9191 VALLEY VIEW STREET, CYPRESS: The public hearing was opened by Mayor Jones.
Police Lt. Weuve presented the staff report at the request of the City Manager. At its
meeting of February 24, 1997, the Cypress City Council approved a Live Entertainment
Permit for The Gig, which allowed a variety of live entertainment to include local talent in
the areas of live bands, DJS, poetry reading and to appeal to an audience of individuals
who read science fiction, philosophy and are computer and Internet oriented. The
permit was granted for one year, expiring on February 24, 1998, with conditions. There
have been a total of seven reported incidents during the period February 24, 1997 to
February 9, 1998. Six of the reported incidents were calls for service and the other
resulted in an officer initiated response. Messrs. Edward and Wally Dugan have been
advised of the above violations of their Live Entertainment Permit and that the permit
was limited to live entertainment on Fridays and Saturdays from 7:00 p.m. to 12:00 a.m.
Notice of this Public Hearing has been posted and published in accordance with the
provisions of the Cypress City Code. TO date, no communications regarding this
application have been received.
Clarifications on proposed conditions and the Urgency Ordinance were made by the City
Attorney for the Councilmembers.
At the request of the Mayor, Lt. Weuve commented on the nature of the business
currently. Initially, there was never any specific language regarding the type of
entertainment other than it would come from local talent in the form of live bands, DJs
and' readings. The City Attorney amplified that what is clearly different than anticipated
is large crowds spilling out into the parking lot and into the community.
The applicant was not in the audience.
Noone was present to speak in favor of or in opposition to the application and Mayor
Jones closed the public hearing.
8
CITY COUNCIL MINUTES February 23, 1998
Councilmember Keenan stated that the entertainment provided was not the benign use
that was approved one year ago and has expanded and grown beyond the applicant's
expectations.
Councilmember Piercy concurred because the applicant has been spoken to more than
once. If the permit were renewed with all the conditions, perhaps the applicant would
operate within those conditions.
The City Attorney said that the Council can impose reasonable time, place and manner
restrictions, but a limitation on the type of entertainment cannot be imposed because it
is a First Amendment right.
It was moved by Councilmember Carroll and seconded by Councilmember Keenan to
determine not to renew the Live Entertainment Permit for The Gig. The motion
unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: COMPREHENSIVE UPDATE OF THE CYPRESS ZONING CODE: Mayor Jones
declared the public hearing open. The City Manager noted that staff recommended that
this item be continued to the March 23, 1998 meeting.
Councilmember Keenan commented that the March 23, 1998 agenda looks full and he
asked if there was another acceptable date.
The Community Development Director suggested the first meeting in April.
It was moved by Councilmember Keenan and seconded by Councilmember Piercy to
continue this item to the Council meeting of April 13, 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 RE: AMENDMENT TO THE CYPRESS ZONING CODE NO. 98-1, ADDING SPECIFIC
AUTO-RELATED USE PARKING STANDARDS AND OPERATIONAL STANDARDS: Mayor Jones
opened the public hearing. The Community Development Director said that she would be
asking the City Planner to present the staff report after she passed out the minutes of
the meeting when the moratorium was created and a survey on the numbers for parking
standards. The City Planner advised that the current auto-related use moratorium will
expire on April 13, 1998, unless it is repealed before that date or extended on that date.
One of the items identified as needed action prior to lifting the moratorium was the
study and adoption of adequate parking and operational standards to address the various
auto-related uses. This proposed amendment to the Cypress Zoning Code would add
specific vehicle repair use standards and specific auto-related use parking standards.
Currently, vehicle repair uses are conditioned on a case-by-case basis. Also, auto repair
and other auto-related uses are subject to the same general parking requirement as
service stations. In accordance with the California Environmental Quality Act (CEQA), an
Initial Study and a Negative Declaration (determination of no significant environmental
impact) have been prepared for this project. Should this project be approved, a Notice of
Determination and de Minimis Impact Exemption would be filed for this project. Notices
of this public hearing were posted and published. TO date, staff has not received any
communication regarding this proposed project.
Councilmember Carroll asked who and how the notices of this public hearing were
distributed. The City Planner advised that they were posted at City Hall and published in
the local newspaper but a copy was not sent to the Lincoln Avenue gusine~s A~sociation.
Mayor Jones asked if anvone wished to speak in support of or in opposition to the
proposed Ordinance. No one spoke.
Councilmember Bowman said this ordinance affects many businesses in the community
and will be City-wide. He mentioned the mailer sent out by the Chamber of Commerce
and he suggested that notification be included in that mailer so those businesses will be
advised.
Mayor Jones suggested that the businesses with licenses for auto-related uses be
identified and specifically notified for their comments.
9
CITY COUNCIL MINUTES February 23, 1998
The Community Development Director noted that the impact will be on new users. If the
standards are too low compared to neighboring cities, and a user is allowed to have a
more intense use, there will be an overconcentration of those uses in that city.
Additional questions and answers were discussed between Council and staff on parking
standards, overnight parking in service bays, additional information from auto-related
businesses, impact on current auto-related uses and remodeled auto businesses.
It was moved by Mayor Jones and seconded by Councilmember Bowman to continue this
item to the meeting of April 13, 1998. 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
NEW BUSINESS:
RECONSIDERATION OF A REQUEST TO REMOVE A PARKWAY TREE AT 5841 WELLSON DRIVE:
Councilmember Carroll asked to be excused from the discussion on this item and would
abstain on the vote because he is a close neighbor. He left the dais at 9:20 p.m.
The City Manager asked the Public Works Director to summarize the staff report, which
related that the street tree at 5841 Wellson Drive does not meet any of the criteria
established by the City Council for tree removals. The tree is a Holly Oak approximately 29
years old, with a trunk diameter of 14 inches. The tree is currently healthy and has no
documented history of causing damage to the sewer system. A resident may appeal to
the City Council the Public Works Director's decision denying removal, which the
applicants did. This appeal was heard by the City Council on December 8, 1997 and denied
by a vote of four ayes to one no. This item is back on the agenda for reconsideration at
the request of Councilmember Bowman.
Councilmember Keenan noted that the applicant had submitted a petition signed by a
number of neighbors in favor of the tree removal due to hazards and inconvenience.
The applicant, Sharmae Erickson, 5841 Wellson Drive, Cypress, provided the Council with
some colored photos of the sidewalk and brick walk. She thanked the Council for their
prompt response to her phone calls in reconsidering their request. She felt the tree was
dangerous and a poor choice to plant in such a small area. All the other Holly Oaks have
been removed from the street, except one other, because of the damage caused. She
felt the tree was a hazard and explained those hazards.
Councilmember Keenan said he had visited the site and noticed that the brick walk had
sunken below the level of the sidewalk and would remain lower even if the sidewalk were
repaired. He asked Mrs. Erickson if she would be willing to repair her brick walk to make
it level after sidewalk repairs and she replied in the affirmative. He asked if the applicant
would be willing to replace this tree with another and she again resDonded in the
affirmative.
After discussion, Mayor Jones said she believed that this street should be revisited and a
plan devised for tree replacement.
Councilmember Piercy commented that she also visited the site, the rise in the sidewalk is
quite high and she had voted previously to remove trees when they are damaging
personal property.
It was moved by Councilmember Keenan and seconded by Councilmember Piercy to
approve the removal of this street tree, require the applicant to replace the tree, the City
will lower the level of the sidewalk so it is consistent with the rest of the sidewalk and the
thereafter, the applicant will raise their brick walk so it is level with the sidewalk. The
Public Works Director s~id th~v would work with the properiv owner and survey the
neighbors to determine a uniform tree for the street. The motion unanimously carried
by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman,
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: 1 COUNCILMEMBERS: Carroll
Keenan, Piercy and Jones
COUNCILMEMBER CARROLL RETURNED TO THE DIAS AT 9:40 P.M:
10
CITY COUNCIL MINUTES February 23, 1998
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30385 - 30613: It was moved
by Councilmember Keenan and seconded by Councilmember Piercy to approve the
Commercial Warrant List for Warrants NO. 30385 through 30613 in the amount of $836,
409.99. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the EX-OffiCiO
Government Board of Directors. No items were presented.
CYPRESS EDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. No items were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Councilmember Carroll related that he had spoken to a businessman in the City and he
believed that the Council discussed all the items in the back room, made their decisions
and then met. That is not what happens with the Council because they are forbidden by
law to meet with more than one other Councilmember. All business takes place at the
City Council meeting.
ADJOURNMENT: Mayor Jones adjourned the meeting at 9:40 p.m. to 5:30, Monday, March
9, 1998 in the Administrative Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
11