Minutes 98-02-09CITY COUNCIL MINUTES
CITY OF CYPRESS
February 9, 1998
Paqe
ABC LICENSE--R/F transfer app filed by Cypress Market, 5011 Ball Road
ABC LICENSE--R/F original app contingent on apprv of CUP 96-2, Chico's Tecate Grill
2,3
3
BOARDS, COMMISSIONS, COMMITTEES--Order Ist reading on method & manner of appts.
1997-98 BUDGET REVIEW--Workshop session on mid-year review
10, 11
1
COUNCIL CHAMBER--Apprv planting of 60" Sequoia
CUP NO. 89-19--Cont P/H on Pacific Stereo, 5177-5185 Lincoln to 3/9
CUP NO. 97-31--Adopt ReSO apprv permit, demo & replacement of Cypress Auto, 5431 Lincoln
CUL ARTS COMM--Apprv transfer of funds from General Fund to Park DiSt General Fund
CYPRESS BUS & PROF CTR ASSESSMENT DIST--AdOpt ReSO issuing limited obligation improve bonds
CYPRESS COLLEGE--Adopt Reso honoring Nick Eighmy Americana Award recipient & purchase
table for ten
11
7-9
6,7
4
3
3
EMPLOYMENT LIST--R/F list for positions of Building Official and Redev Tech
3
FINANCE DEPT., WARRANT LIST--Apprv Warrant LiSt for Warrants No. 30158 - 30384
11
LIVE ENTERTAINMENT ORD--AdOpt Urg Ord amending Chap 9 and Sec 14.2 of App I
LIVE ENTERTAINMENT PERMIT--Cont P/H tO 2/23, The Huntress, 5591 Lincoln
OCFA--Apprv RFP for emergency med trans & related svcs, apprv amend to O.C. Ambl Ord
ORAL COMMUNICATIONS--Citizens spoke on D.A.R.E., Community Outreach, Nature Park, Town Hall
meeting, flooding, skate park and playground equipment
POLICE DEPT--Order Ist reading on expansion of investigatory powers of Chief
PRESENTATION--Mayor Jones made State of the City address
4-6
6,7
9,10
2,11
4-6
1
TRAFFIC SAFETY--Adopt Reso esta "No Parking Anytime" area adjacent to Arnold School
ZONING MATTERS--AdOpt ReSO apprv DRC NO. 98-2, Chlco°s Tecate Grill, 10569 Valley View 3
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 9, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:30 p.m., Monday,
February 9, 1998, in the Administrative Conference Room, West Wing, City Hall, 5275
Orange Avenue, Cypress, Mayor Mary Ann Jones presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Carroll, Keenan, Piercy and Jones
None
Also present were the City Manager, City Attorney and Finance Director.
WORKSHOP SESSION: Fiscal Year 1997-98 Mid-Year Budcjet Review
The Finance Director provided the City Council a review of the City's financial status as of
December 31, 1997. The report showed that the City is on track with its budget and will
have excess funds added to its fund balance at year-end. The Cypress Recreation and Park
District is projected to have a deficit between revenues and expenditures of
approximately $145,000 and is the result of lower than expected property tax revenues.
RECESS: Mayor Jones recessed the meeting at 6:10 p.m. to enable the Council to continue
meeting in the Council Chamber. The meeting reconvened at 6:15 p.m. with all
Councilmembers present. Also present were the City Manager, City Attorney and
Assistant to the City Manager.
CLOSED SESSION: Mayor Jones immediately recessed the meeting to enable the Council to
enter into Closed Session to discuss those agendized items of Public Employment
(Government Code Section 54957), Chief of Police; Conference with Legal Counsel, two
cases of Anticipated Litigation (Government Code Section 54956.9(b); Conference with
Legal Counsel, Existing Litigation (Government Code Section 54956.9(a), Estate of Ulises
Zambrano v. City of Cypress, Orange County Superior Court Case Number 77-41-33; two
Liability Claims (Government Code Section 54956.95) TOkiO Marine Mgt., Inc. for Diahatsu
America, Inc. and Alan Nakamura v. the City of Cypress. The meeting reconvened at 7:07
p.m. with all Councilmembers present. Also present were the City Manager, City Attorney
and staff members Christoffels, DeCarlo, Kelly, Krauss, Storey and Wylie.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor Pro Tern Keenan.
INVOCATION: Pastor Jangwoo Lee of the Miracle Land Korean Baptist Church conducted
the invocation.
PRESENTATION: Mayor's State of the City Address
Mayor Mary Ann Jones presented her State of the City address and began by recognizing
the dedication and service of the Cypress residents who serve on the City Council,
Commissions and Committees. The City of Cypress is riscally sound and continues to
provide for the delivery of high quality services. Crime in Cypress has continued on a
downward trend. The Lincoln Avenue Project is a $6.5 million commitment to improve
and enhance Lincoln Avenue. Also, two significant retail development projects, an Office
Max and a Home Depot, were approved in 1997. A Home Equity Loan Program is available
to low and moderate income, first time home buyers. The Recreation and Park District
will be improving Cypress/Arnold Park, the Nature Park will be reopened and a new picnic
shelter installed at Veteran's Park. The City is dedicated to maintaining the existing
infrastructure and several public works projects have been completed. The City Council
continues to be dedicated to increasing community participation and improve
communications with the residents.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA
The City Manager summarized discussions held during the Workshop session on the Mid-
Year Budget Review, which is on track with revenues and expenditures.
The City Attorney reviewed discussions held and courses of action recommended during
Closed Session on the agendized items of: filling the position of Chief of Police, the two
anticipated litigation cases, one existing litigation case and two liability claims.
CITY COUNCIL MINUTES February 9, 1998
ORAL COMMUNICATIONS: Limited to One-half Hour.
Mayor Jones announced that the first Community Outreach program was held over the
weekend and she thanked staff for providing informational materials for the public and
the press for their coverage of the event. She said that the next Community Outreach
was scheduled for Saturday, March 14 from 10 to 12 noon at Manzanita Park.
The Mayor recognized the contribution of $500 made by Casey Rokes, the President of
the Dickerson School Parent/Teacher Association to the D.A.R.E. program.
It was announced by Mayor Jones that a slide show will be run during Council breaks of
various D.A.R.E. graduations. The slides shown at the next Council meeting will be those
taken at King School.
Mr. Bruce Seaton, 4438 via Largo, Cypress, spoke on program evaluation as it related to
security in the Nature Park. He found it interesting that program evaluation is applied
differently to a park that the Council wants to open versus an establishment that might
be considered a nuisance. He had been burglarized twice when the Nature Park was
closed and he believed there would be more crime when the park was opened.
Councilmember Carroll thanked Congressman Ed Royce for the Town Hall meeting he
conducted in Cypress, which had a large turnout.
Responding to Councilmember Carroll's request, the City Manager replied that there have
been torrential rains associated with El Nino. He indicated that future rain will flow
downstream because the ground is saturated. The entire storm drain system has been
cleared out and is operating effectively. There will be an evaluation of the pump station
that failed at Myra and Moody with Public Works crews, Police and Fire personnel
responding to the flooding at that location on Saturday night. He cautioned residents
that if water rises above curb level, call the City or 911.
Mayor Jones announced that Council will consider Item No. 16, Continuation of Adoption
of an Urgency Ordinance and Introduction for First Reading Companion Ordinance
Amending the Municipal Code Regarding: 1) The Procedure for Issuing and Revoking Live
Entertainment and Live Entertainer Permits; 2) The Regulations Applicable to the
Operation of Business and Individuals Who Provide Live Entertainment; and 3) The Off-
street Parking Requirements for Businesses Providing Live Entertainment, prior to the
Public Hearings. Hearing no objection, Mayor Jones so ordered.
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 Piercy requested that the Minutes of January 26, 1998 be removed.
Councilmember Bowman asked that Item NO. 9, Approve Transfer for Appropriation of
$17,956 for the Cultural Arts Commission Recommended Projects be pulled.
It was moved by Councilmember Keenan and seconded by Councilmember Bowman to
approve the Consent Calendar Items No. 1 through 10, with the exception of the Minutes
of January 26, 1998 and Item No. 9. 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
Item No. 1: Motion to Approve City Council Minutes of January 15, 1998 and January 20,
1998.
Recommendation: That the City Council approve the Minutes of the Adjourned Regular
Meeting of January 15, 1998 and January 20, 1998, as submitted, with Mayor Pro Tern
Keenan abstaining on the January 15, 1998 Minutes and Councilmember Bowman and
Mayor Pro Tern Keenan abstaining on the January 20, 1998 Minutes due to their absence at
the meetings.
Item NO. 2: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
Item No. 3: Approval of Application for Alcoholic Beverage License Transfer Filed by Jie Zu
and Ying Llu, D.B.A. Cypress Market, 5011 Ball Road, Cypress.
CITY COUNCIL MINUTES February 9, 1998
Recommendation: Receive and file.
Item No. 4: Approval of Design Review Committee No. 98-2, Request to Add Two Building
Signs, Chico's Tecate Grill, 10569 Valley View Street, Cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee No. 98-2 - with conditions.
RESOLUTION NO. 4902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-2 - WITH CONDITIONS.
Item No. 5: Approval of Employment Lists for the Positions of Building Official and
Redevelopment Technician.
Recommendation~ Receive and file.
Item No. 6: Adoption of ReSOlution Establishing "NO Parking Anytime" Area, Adjacent to
the Southerly Driveway of Arnold School onto Denni Street~
Recommendation: That the City Council approve the recommendation of the Traffic
Commission by adopting the Resolution only, title as follows, providing for the
installation of a "NO Parking Anytime~' area twenty (20) feet south and seventy (70) feet
north of the southerly driveway of Arnold School onto Denni Street.
RESOLUTION NO. 4903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING "NO
PARKING ANYTIME" AREA ADJACENT TO THE SOUTHERLY DRIVEWAY OF ARNOLD SCHOOL
ONTO DENNI STREET.
Item NO. 7: Authorization to Purchase a Table at the 1998 Cypress College Americana
Awards Banquet, and Adoption of Resolution Commending Cypress Citizen of the Year,
Nick Eighmy.
Recommendation: That the City Council support the 1998 Cypress College Americana
Awards Banquet by purchasing a table of ten at the cost of $1,500, and adopt the
Resolution by title only, title as follows, commending Mr. Nick Eighmy, Cypress Citizen of
the Year.
RESOLUTION NO. 4904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING MR. NICK
EIGHMY ON BEING SELECTED AS THE 1998 CYPRESS COLLEGE AMERICANA AWARD
"CITIZEN OF THE YEAR~ RECIPIENT FROM THE CITY OF CYPRESS.
Item No. 8: Approval of Application for an Original Alcoholic Beverage License Filed by
Alan E. Shelton, and Lawrence C. Nelson, D.B.A. Chico's Tecate Grill, 10569 Valley View
Street, Cypress.
Recommendation: That the City Council receive and file this application, contingent upon
the approval/disapproval of Amendment to Conditional Use Permit No. 96-2, which is
scheduled for a Public Hearing at the March 9, 1998 Council meeting.
Item No. 10: AdOption of a First Amended and Restated Resolution Relating to Issuing
Limited Obligation Improvement Bonds Under the Improvement Bond Act of 1915 for the
Cypress Business and Professional Center Assessment District.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, relating to issuing Limited Obligation Improvement Bonds under the
Improvement Bond Act of 1915 for the Cypress Business and Professional Center
Assessment District.
RESOLUTION NO. 4905
A FIRST AMENDED AND RESTATED RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA, ISSUINGLIMITED OBLIGATION IMPROVEMENT BONDS UNDER THE
IMPROVEMENT BOND ACT OF 1915 FOR THE CYPRESS BUSINESS AND PROFESSIONAL
CENTER ASSESSMENT DISTRICT.
CITY COUNCIL MINUTES February 9, 1998
Regarding the Minutes of January 26, 1998, Councilmember Piercy referred to page 3,
second paragraph, end of second line, change "citizens" to "Councilmembers." On page
12, third paragraph, third line, add "use and" before the word, "location." It was moved
bv Councilmember Piercy and seconded bv Mayor Jones to approve the Minutes of
Januarv 26, 1998, as amended. The motion unanimousIv carried bv the following roll call
vote:
AYES
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, CarrolI, Keenan, PiercyandJones
None
None
In regard to Item No. 9, Approve the Transfer for Appropriation of $17,956 for the Cultural
Arts Commission Recommended Projects, Councilmember Bowman asked if the
equipment was to be owned by the City/District, why the groups would be paying the
sales tax and shipping and handling charges. The Recreation and Park District Director
said that it was an understanding initially between the Cultural Arts Commission.
Councilmember Bowman wanted to make sure that the ownership will be retained bv the
City/District. The Recreation and Park District Director clarified that the City will buy, own
and store the equipment allowing the groups to be the primary users. Councilmember
Carroll suggested that something be put in writing to that effect. The Recreation and
Park District Director concurred. It was moved by Councilmember Bowman and seconded
bv Councilmember Piercv to approve the transfer of $17,956 from the City's General Fund
Reserve Account 2919-11-999-99 to the Park District's General Fund; and acting as the ex-
officio Board of Directors for the Cypress Recreation and Park District, approve the
appropriation of $17,956 to the Small Tools and Equipment Account 4113-12-314-10. 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
CONTINUATION OF ADOPTION OF AN URGENCY ORDINANCE AND INTRODUCTION FOR FIRST
READING COMPANION ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING: 1) THE
PROCEDURE FOR ISSUING AND REVOKING LIVE ENTERTAINMENT AND LIVE ENTERTAINER PERMITS;
2) THE REGULATIONS APPLICABLE TO THE OPERATION OF BUSINESS AND INDIVIDUALS WHO
PROVIDE LIVE ENTERTAINMENT; AND $) THE OFF-STREET PARKING REQUIREMENTS FOR
BUSINESSES PROVIDING LIVE ENTERTAINMENT: The City Attorney presented the staff report
to which were attached two companion ordinances. The first was an urgency ordinance
which would amend various provisions of Chapter 9 of the Municipal Code dealing with
live entertainment. Currently, the decision to issue, deny or revoke a live entertainment
permit is made by the City Council at a public hearing. The amendments would maintain
the current procedure for issuing, denying and revoking live entertainment permits but
specify and strengthen the criteria upon which such actions could be taken. The
amendments would also add a regulatory process for licensing live entertainers
themselves. The proposed amendments would add regulations on the operation of
businesses which provide live entertainment in order to reduce the undesirable
secondary impacts such businesses have been known to cause. Finally, the ordinances
also amend Section 14.2 of Appendix I relating to parking requirements for businesses
which provide live entertainment. If acceptable to the City Council, the revised urgency
ordinance is ready for adoption and its companion ordinance is ready for introduction
and first reading.
Councilmember Carroll asked if the vote on the urgency ordinance could be separated
from addressing the grandlathering of current permit holders at some other meeting
and the City Attorney replied in the affirmative and referred to Section 21. He
recommended the ordinance be adopted in its current form and direct staff to do
further nalvsis about whether it is desir 101e or not to extend the grandlathering from
one year up to perpetuity for existing permit holders.
Councilmember Bowman said he didn't believe that a noise assessment had been
conducted and he wondered if there was a point of reference. It appeared that there
were other establishments in the community that don't have live entertainment that
have more calls for service than those with live entertainment permits. He felt that there
should be some sort of an assessment on the police activity over the past 12 months at
various establishments in the City. He expressed concern about the 300 foot
requirement, he believed a point of reference was needed and before a decision was
made that material be reviewed bv the Council.
Mayor Jones remarked that some of the issues that have arisen have been geared toward
live entertainment permits because it tended to cause customers to be exiting facilities
at a certain time causing the disruption. She didn't believe the requirements proposed
were unreasonable for almost any establishment. She felt that the Council could go
4
CITY COUNCIL MINUTES February 9, 1998
forward with this ordinance and request the information mentioned by Councilmember
Bowman.
The City Attorney commented that the problems created by live entertainment can be
classified into three board categories: physical injury to patrons caused by some activity,
is noise emanating from the facility caused by the providing of live entertainment, and
large groups of people arriving and departing.
Councilmember Carroll stated information is important and the Council should have a list
of the ten highest spots for police activity. He would like to see the ordinance, if
approved this evening, delivered to each of the establishments that now have live
entertainment permits and then hold a hearing on the potentiality of grandfathering.
The City Manager said staff will provide the number of service calls per establishment as
quickly as possible. He commented on the three broad categories outlined by the City
Attorney.
The City Attorney said if the facility were tested for sound and met certain criteria,
possibly the facility could be in closer proximity to residential neighborhoods.
Mayor Jones commented that she wouldn't mind a distance somewhat shorter than 300
feet, but the doors should be closed. The disruption in the parking lot has been
associated with live entertainment. It is more troubling when the live entertainment is
over and the patrons are all exiting the facility.
Councilmember Keenan referred to existing facilities that apply for renewal and asked if
modifications could be made based on the fact that they are existing facilities and are
being grandfathered. The City Attorney advised that Council could impose the new
ordinance on new permits or renewal permits possibly exempting certain requirements.
Mayor Jones suggested taking action on the proposed ordinance, with any minor changes
and consider the facilities with existing live entertainment permits on an individual basis
at some other time.
After additional discussion on grandfathering, Councilmember Carroll suggested
accepting the new ordinance as written with the proviso that the ordinance be delivered
to the existing permit holders and set up a meeting to present their concerns.
The City Attorney clarified the intent of Section 21 at the request of the Council.
It was moved by Councilmember Carroll to adopt the following Urgency Ordinance by
title only, title as follows, amending Chapter 9 and Section 14.2 of Appendix I of the Code
relating to live entertainment, coupled with the directive that the Urgency Ordinance be
sent to the existing permits and with direction that staff schedule a public hearing. The
City Attornev suggested that the companion ordinance not be introduced for a first
reading.
After some comments, the City Attorney suggested the language of Section 21 be
changed to read: "With the exception of the parking requirements contained in Section
20 of this Ordinance and the zoning and distance requirements set forth in Section 14 of
this Ordinance, at Section 9-8 subdivisions (a) and (b) for establishments requiring live
entertainment permits (which are prospective in their entirety), the provisions of this
ordinance shall be amortized for businesses currently providing live entertainment
pursuant to a valid City live entertainment permit so as to become effective one (1) year
after the effective date of this ordinance. The provisions imposed by this ordinance shall
become enforceable against such businesses on that date."
Councilmember Carroll amended his motion to include the revised language of Section 21
and Councilmember Keenan seconded. Councilmember Piercv clarified that the public
hearing with the businesses was still a part of the motion.
ORDINANCE NO. 973
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 9 OF THE CYPRESS MUNICIPAL CODE RELATING TO LIVE
ENTERTAINMENT AND LIVE ENTERTAINER PERMITS AND SECTION 14.2 OF APPENDIX I OF
THE CYPRESS MUNICIPAL CODE RELATING TO PARKING REQUIREMENTS FOR LIVE
ENTERTAINMENT USES.
The motion unanimously carried with the following roll call vote:
5
CITY COUNCIL MINUTES February 9, 1998
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Pierc¥ and Jones
None
None
The City Attorney advised that in light of the previous action, there is no need to take
action on the companion ordinance.
CONTINUATION OF PUBLIC HEARING FOR A LIVE ENTERTAINMENT PERMIT AT THE HUNTRESS,
5591 LINCOLN AVENUE, CYPRESS: The Mayor opened the hearing. The City Attorney stated
that in light of the action of the Council taken on the Urgency Ordinance, this application
is not ready to be acted upon because it will have to be evaluated in light of the new
requirements so he requested that this matter be continued to the next Council meeting.
Mayor Jones invited public comment on the application. Notice of this Public Hearing has
been posted and published in accordance with the provisions of the Cypress City Code.
Ms. Sandra Rose, representing The Huntress, 5591 Lincoln Avenue, Cypress, said she
understood the problems the City was having and she spoke about her business'
community involvement. She has worked for many years to build and maintain a good
reputation. She urged the Council to recognize that and grant her application.
No one wished to speak in support of or in opposition to the application.
It was moved by Councilmember Keenan and seconded by Mayor Jones to continue this
item to the Council meeting of February 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
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 97-31, REQUEST FOR
DEMOLITION AND REPLACEMENT OF AN EXISTING AUTOMOBILE REPAIR SHOP, 5431 LINCOLN
AVENUE, CYPRESS: The public hearing was opened by Mayor Jones. The City Manager
asked the Community Development Director to present the staff report. She read two
letters that were received today from Guy Richards, 8942 EleCtric Avenue, Cypress and
Frank Bautista, Chief AUTO, both supporting the application. The project represented a
request by Mr. H. D. Robson tO construct a new 2,485 square foot automotive repair
building at 5431 Lincoln Avenue with the CH Commercial Heavy Zone. The existing
automotive repair building will be demolished in order to clear the site for the new
structure. On March 7, 1997, Mr. H. D. Robson submitted an application for the demolition
of an existing automotive repair building and construction of a new larger automotive
repair facility. On April 14, 1997, the City Council enacted a moratorium on the
acceptance and processing of conditional use permit applications for auto related uses in
the Lincoln Avenue Specific Plan area. Because this application was submitted prior to
the adoption of the moratorium, the application was not subject to the moratorium. On
May 27, 1997, the City Council denied without prejudice Conditional Use Permit No. 97-1,
allowing the applicant to resubmit the application within a one year period. Based on an
analysis of the proposed site design on the substandard size lot and the characteristics of
the proposed auto repair use, staff feels that the proposed project is not consistent with
the goals and policies of the Cypress General Plan, the Lincoln Avenue Redevelopment
Plan and the Draft Lincoln Avenue Specific Plan. Additionally, staff had outstanding
concerns regarding the adequacy of the current parking standards and recommends
denial of the project as proposed. In accordance with the requirements of the California
Environmental Quality Act, this project has been determined to be categorically exempt,
Class 3. Notices of this pubic hearing were posted, published and mailed to the owners of
all properties located within 300 feet of the subject parcel. The two communications
were received in favor of the proposal.
Mr. H. D. Robson, architect for the project, said they have redesigned the project for
additional parking space. It is a small lot, but there is an existing use and they looked at
all the different areas where parking could be increased. They reduced the size of the
building and reconfigured the area so the additional parking space could be added. Eight
parking spaces can be created within the building. He felt that the problems had been
addressed as best as they could on this small lot.
Mr. Namat Seddiqi, owner of Cypress, Automotive, volunteered to answer questions from
the Council. He commented that the on street parking problem was created by the other
business in the neighborhood but they have since left the area.
CITY COUNCIL MINUTES February 9, 1998
Councilmember Carroll mentioned waiving any right to relocation assistance and the
applicant, Mr. Seddiqi, would agree to a waiver.
No one wished to speak in support of or in opposition to the application and Mayor Jones
closed the public hearing.
After some discussion, Councilmember Keenan said he had observed several cars on the
street, cars in the lot and with the remodel there would be an intensification of the use
and parking would be a problem.
Councilmember Piercy mentioned that it has taken a long time before anything has
happened on Lincoln Avenue and redevelopment of the area will continue to take time.
She felt the lot has problems, parking is difficult and it would be in the City's best
interests to allow the remodel and upgrade the look of the street.
Mayor Jones commented that this was more than a remodel because the current building
will be demolished and a larger facility built. Things won't happen on Lincoln if changes
aren't made and they won't be made if exceptions are made constantly. She felt that the
applicant could do a good business without enlarging his facility.
Responding to Councilmember Carroll regarding the many cars, Mr. Seddiqi felt it was an
unusual weekend because of the rain. He said 80% of his business was smog check and
there has been a big reduction in smog stations. He wanted a newer, nicer place for his
employees and customers. He also explained the process he had to take regarding the
abandoned cars on the lot.
Councilmember Bowman referred to Councilmember Carroll's question on relocation
assistance and the applicant said he would agree to and sign the document waiving his
right to relocation assistance under redevelopment.
The City Attorney expressed his skepticism on the validity of this type of waiver and
would have to have more information.
Councilmember Carroll said that if there was a waiver, he recommended that there be an
amortization schedule. He said he had voted against this project in May of 1997, but this
plan is better than what is on Lincoln Avenue currently and he would vote for approval of
this permit.
The applicant agreed to an additional condition requiring a monument sign for the
property, subject to Design Review approval.
Councilmember Bowman advised that he had sold some property directly across the
street from this project, which has closed escrow. The City Attorney advised that since
there is no foreseeable financial impact on Councilmember Bowman because the
transaction that he was involved with which caused him to abstain previously is now
consummated and concluded.
It was moved by Councilmember Carroll and seconded by Councilmember Piercy to direct
staff to file a Notice of Categorical Exemption in accordance with the California
Environmental Quality Act (CEQA), adopt the Resolution by title only, title as follows,
approving Conditional Use Permit NO. 97-31, adding a condition that a monument sign be
erected subject to Design Review approval and adding as a further requirement that the
applicant agree in writing to waive any rights that he may have to relocation assistance.
Mayor Jones said that she will be voting no on this project because of the historic parking
problems that would continue with the enlargement of the facility. Councilmember
Keenan felt that this was a band-aid solution and he would vote no because it didn't
appear to be in keeping with the long-term vision for Lincoln Avenue.
RESOLUTION NO. 4906
A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 97-31.
The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Carroll and Piercy
NOES: 2 COUNCILMEMBERS: Keenan and Jones
ABSENT: 0 COUNCILMEMBERS: None
PUBLIC HEARING RE: AMENDMENT TO CONDITIONAL USE PERMIT NO. 89-19 AND DESIGN REVIEW
COMMITTEE NO. 97-37, REQUEST TO EXPAND EXISTING AUTO STEREO INSTALLATION USE AND
RELATED INTERIOR IMPROVEMENTS, INCLUDING THE USE OF NEON FOR SIGNAGE AND BUILDING
CITY COUNCIL MINUTES February 9, 1998
ACCENT TREATMENT AT 5177-5185 LINCOLN AVENUE. Mayor Jones opened the public
hearing. Councilmember Bowman said he had spoken to the City Attorney regarding this
property and was advised not to participate in this hearing because he has a financial
interest within 300 feet of this property. Councilmember Bowman left the dais at 9:07
p.m. The Community Development Director indicated that a communication was
received on this item on behalf of the property owner discussing the proposed request
for Pacific Stereo indicating that the tenant wanted to make a change to the building
allowing four autos to be worked on inside the building. Complaints about noise from
the stereo store had been received from the City and the City has copies of
communications that had been sent to Pacific Stereo. The application represented a
request to amend Conditional use Permit No. 89-19 tO allow the expansion of the existing
Pacific Stereo automobile stereo installation use within an existing retail commercial
shopping center located at 5177-5185 Lincoln Avenue. Included with the application was
a request for Design Review Committee approval for interior improvements to the
building consisting of the removal and relocation of interior walls, removal of four
restrooms and exterior improvements consisting of the addition of two metal roll-up
doors on the north elevation of the building. Included as part of the Design Review
Committee application is a request to maintain a neon sign on the front elevation of the
building and neon accent lighting on the top portion of the south, east and west building
elevations. Staff is recommending approval of this request subject to the condition that
the applicant agree to pay for the preparation of a noise study to determine noise
impacts to the adjacent residential uses and to perform any and all noise attenuation
measures that are required by the study. In accordance with the requirements of the
California Environmental Quality Act (CEQA), a statement of 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. TO date, staff has
not received any communication regarding the proposed project.
Councilmember Piercy clarified that the building was remodeled without a permit and
then thev came to the City requesting a permit for changes alreadv made. The
Community Development Director responded in the affirmative. Code enforcement
letters were sent out in response to noise complaints in December 1996 and February
1997 and staff is recommending a noise study.
After further questions and answers, the City Attorney referred to the staff resolution
and proposed Condition No. 10. If staff's recommendation is adopted, then the permit
will be expressly conditioned upon those events occurring. The nonoccurrence of those
events will result in the continuation of an illegal modification of the property.
The Community Development Director explained that the noise study may indicate the
use can only work if the doors are moved. Then it would come back to the Council as
Design Review, but the use has been approved.
The property owner, Robert Eckes and the applicant, Mohamad Aboabdo approached the
podlure. Mr. Eckes contended that the noise complaints were made prior to the building
remodel. Mr. Aboabdo had indicated that he had never received the code enforcement
letters from the City. Mr. ECkes felt that they could solve the noise problem themselves
because he felt the cost of a noise study was prohibitive.
Mavor Jones asked if anyone wished to speak in support of the application. No one did.
She asked if anyone wished to speak in opposition to the application.
Ms. Yvonne Perez, 5132 Alaska Street, Cypress, objected to the imposition of restrictions
on her abilitv to read a book with her doors closed on a Saturdav or Sunday with the
constant boom from Pacific Stereo. She urged the Council to require the noise study
with suggestions to minimize the noise.
No one else spoke.
The City Attorney explained that one of the reasons for the condition requiring the noise
study be included in the permit is that staff recommended this to the applicant who is
unwilling to voluntarily agree to this. He had recommended that the approval be
conditioned based on the study. Regardless of the source of the information, there has
been an illegal modification of the property and staff can't do its job to protect the City
and to help the applicant without the noise study. It would best for all concerned to
continue this hearing voluntarily, at the request of the applicant, while the applicant
voluntarily agrees to do the study. If not, then it be required as a condition of approval.
Mayor Jones asked the applicant if he would volunteer to have the noise study done,
continue the public hearing until after the noise study has been completed. Mr. Eckes
and Mr. Aboabdo replied in the affirmative.
8
CITY COUNCIL MINUTES February 9, 1998
It was moved by Mayor Jones and seconded by Councilmember Keenan to continue the
public hearing to the meeting of March 9, 1998. The City Attorney interjected that this
was conditioned upon the applicant agreeing to and paying for a noise study. Mayor
Jones and Councilmember Keenan included this in their motion. The motion carried by
the following roll call vote: Councilmember Bowman returned to the dais at 9:30 p.m.
The Community Development Director said that the applicant will provide the money to
the City in advance and it is held in an account. The City hires the noise consultant and
pay the consultant with that money.
AYES: 4 COUNCILMEMBERS: Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: I COUNCILMEMBERS: Bowman
RECESS: Mayor Jones recessed the meeting at 9:32 p.m. and reconvened at 9:45 p.m. with
all Councilmembers present.
PUBLIC HEARING RE: REVIEW AND CONSIDER APPROVING THE ORANGE COUNTY FIRE AUTHORITY
REQUEST FOR PROPOSALS TO CONTINUE PROVIDING EMERGENCY MEDICAL TRANSPORTATION
AND RELATED SERVICES IN CYPRESS, INCLUDING THE NEW ADVANCED LIFE SUPPORT SERVICE
CHARGE: The public hearing was opened by Mayor Jones. The City Manager asked the
Assistant to the City Manager to present the staff report. Also present, representing the
OCFA, was Battalion Chief ROn Blaul. The purpose of the public hearing was to review and
consider approving the proposed Request for Proposals, including the establishment of
an Advanced Life Support Service Charge, which would be implemented in all of the
ambulance service areas. The Fire Authority has prepared a Request for Proposals (RFP) to
solicit competitive proposals for the provision of emergency medical transportation
services during the next three years. The request for proposal continues to limit the
rates charged for basic life support services and the proposed maximum rate is $296.20.
This rate would apply for paramedic services when advanced life support services are not
required. The Fire Authority has proposed the establishment of an Advanced Life
Support (ALS) service charge, not to exceed $185 per call, to reimburse the Fire Authority
for its advance life support costs. She noted that the Council had received a letter from
Medix Ambulance service requesting that the Council modify or remove the no contact
provision and the responsibility of taking action on the RFP not be delegated to the
OCFA.
The City Manager referred to the letter from Medix Ambulance Service, dated February 5,
1998, with two suggestions. One, the City would retain the ultimate authority for
approving the award of the contract for ambulance services. Second, there was a
provision in the RFP which would limit contact by the bidders. The purpose of that
provision was to try to prohibit or stop undue influence that would not be based on
making a selection based on merit of any of those involved. The language has been
reviewed by the City Attorney and changed to read, "Contact by bidder with the
members of the County Board of Supervisors, City Manager or Councilmembers, or the
Fire Authority to influence is in violation of state law, local ordinance or other applicable
law will result in a rejection of the proposal." As a result, the City Manager recommended
that the Council approve staff's recommendations with the modification that the
language proposed by OCFA Counsel be used to amend the RFP.
Council asked questions of Chief Blaul on ambulance rates, miscellaneous medical supply
charges, Advanced Life Support (ALS) service fees, bad debt service, ALS capability, and
employee salaries.
Mayor Jones asked if anyone wished to speak in favor of the request for proposal.
Mr. Philip Anthony, representing Medix Ambulance, supported the request for proposal,
including the paramedic service charge. He felt that the original contact language has
been corrected very wisely. It was time the cost oF this service was transferred to the
insurance companies who are collecting the premiums.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, said he felt that some of the charges
were excessive.
Mrs. Helen Olsen, Senior Citizens Commission, commended the paramedic and ambulance
services for caring for her husband.
The Mayor asked if anyone wished to speak in opposition to the RFQ.
MS. Susan Linde, 9845 Joel Circle, Cypress, stated that she was not representing her
employer or its management or its affiliations. She spoke of miscellaneous fees that are
not reimbursable by insurance companies and basic ambulance services. It is the
CITY COUNCIL MINUTES February 9, 1998
ambulance company that must insure the training of staff and quality of service needed.
Her concern was that someone from an HMO may do an audit and could look at this as
billing fraud.
Mayor Jones asked if there had been a challenge to the Medicare law. Chief Blaul said this
was not an uncommon arrangement, this public/private partnership. There have been
conversations with the fiscal intermediary and the RFP has been reviewed by several
agencies. They believe it to be a legal and proper structure for reimbursement of
services. He explained that the local hospitals loan the drugs and the advanced support
supplies were lent to the paramedics by the base station. The hospital billing for services
performed by another agency has been stopped.
Mayor Jones closed the public hearing.
Councilmember Carroll commented that the cost is being transferred to where it belongs
on the health delivery systems on those who are actually using the system and off the
property taxes.
It was moved by Councilmember Carroll and seconded Councilmember Bowman to
approve the Request for Proposal for emergency medical transportation and related
services including the establishment of an advanced life support service charge, along
with the amended language; recommend approval of an amendment to the Orange
County Ambulance Ordinance; and the City to retain the right to designate who the
ambulance provider will be. The motion unanimously carried by the following roll call
vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercv and Jones
None
None
DEFERRED BUSINESS:
CONTINUATION OF FIRST READING OF AN ORDINANCE AMENDING THE MUNICIPAL CODE,
REGARDING THE METHOD AND MANNER OF MAKING APPOINTMENTS TO BOARDS, COMMISSIONS,
AND COMMITTEES, AND EXPANDING THE INVESTIGATORY POWERS OF THE CHIEF OF POLICE IN
CONNECTION WITH SPECIAL PERMITS AND EXPEMPTIONS THERETO: The City Attorney
presented for consideration by the City Council a revised Ordinance amending various
sections of the Municipal Code dealing with the method and manner of making Council
appointments to various boards, commissions or committees. At its last meeting, the
Council indicated a preference to codify board, commission and committee
qualifications and appointment provisions into one centralized section. However, the
organization of the Code will not permit such because each commission has its own
discrete article within the Code. In addition, the Ordinance codifies and, to some extent,
expands the investigatory powers of the police department in connection with issuing
certain permits under Article II of the Municipal Code.
Councilmember Bowman noted that the requirement that an appointee be a registered
voter was deleted. The City Attorney said that his notes indicated that the requirement
for membership on the committee be based on residency in the City, not a registered
voter.
Councilmember Carroll said he felt that commission members should be registered
voters, other than the Youth Commission.
Mayor Jones said that there are non-citizens that want to be involved in community
activities and she felt it was a point to consider prior to making it mandatory that
members be registered voters.
The City Attorney said that if being a registered voter was a criteria, then the various
sections of the ordinance could be amended to add after the word "City" on the second
line, to read, "Each member...shall be a resident of the City and a registered voter at the
time of appointment."
After some discussion, the City Attorney suggested that the question, "Are you a
registered vote?" be added to the application. Councilmember Carroll concurred.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
approve the first reading of the Ordinance by title only, title as follows, amending the
Municipal Code regarding the method and manner of making appointments to Boards,
Commissions and Committees, as amended.
10
CITY COUNCIL MINUTES February 9, 1998
ORDINANCE NO.
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
NEW BUSINESS:
SELECTION OF A REPLACEMENT TREE FOR THE COUNCIL CHAMBER PLANTER: The Public Works
Director advised that the large Coral Tree located in the south planter of the Council
Chamber was recently removed due to rot. Because of the makeup of the soil layers, the
tree died from overwatering. Staff is requesting that all other plants be removed from
the planter, aerate the soil, change the irrigation and choose a slower growing tree. The
Public Works Director showed pictures of several evergreen trees that would be suitable
replacements and that could be decorated for the holidays.
Councilmember Keenan commented that there has been a request from a group to
conduct a fundraiser that would offset the cost of the tree.
The Recreation & Park District Director said that the Friends of Recreation & Parks District
are talking about the issue of either funding the tree or decorations for the tree in
anticipation of combining it with a tree decorating ceremony or holiday sing.
It was moved by Councilmember Piercy and seconded by Mayor Jones to plant a 60" box
Sequoia. 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
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30158 - 30384: It was moved
by Councilmember Carroll and seconded by Councilmember Keenan to approve the
Warrant LiSt for Warrants No. 30158 through 30384 in the amount of $1,111,258.62. 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
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors. No items were presented.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. Nothing was presented.
ORAL COMMUNICATIONS: For Ma~ters Not on the Agenda.
Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, asked if new playground equipment
could be installed at Peppertree Park.
Mayor Jones said that the budgeting process is beginning and the request will be
considered by Recreation & Parks.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda.
Mayor Jones mentioned that a letter was received from Adrian Atalloh about the skate
park to be built at Veterans Park and he said the people in Sorrento Homes should
reconsider because the park was built for everyone. The Mayor asked that a response
thanking Adrian be sent to him.
11
CITY COUNCIL MINUTES February 9, 1998
ADJOURNMENT: Mayor Jones adjourned the meeting at 10:45 p.m. to 5:30 p.m.,
Wednesday, February 11, 1998 for a joint meeting with the Cypress Senior Citizens
Commission to be held at the Senior Center.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
12