Minutes 98-08-24
CITY COUNCil MINUTES
CITY OF CYPRESS
August 24, 1998
page
ABC L1CENSE-R/F transfer app flied by Equilon Enterprises, dba Texaco, 6000 Cerritos 4
ABC L1CENSE-R/F transfer app flied by Players lounge, 10461 Dennl 4
ABC L1CENSE-R/F transfer app filed by Dominies Rlstorante Italiano, 9921 walker 4
ABC L1CENSE-R/F transfer app flied by Athenian Burgers 4,6012 Cerrltos 4
ARNOLD/CYPRESS PARK-Award contract for purchase and install of bleachers 3
CAMPAIGN FINANCING ORDINANCE-Apprv 2nd reading of ord on heightened reporting 6
CITIZENS SATISFACTION SURVEY & RESULTS OF FOCUS GROUP-Workshop session 1
CUP NO. 98-14-Adopt Reso apprv request to place storage container behind 10191 valley View 7}8
CULTURAL ARTS COMM-Schedule Interview session for 5:30,9/14 10
FINANCE DEPT, COMM WARRANT LIST -Apprv list for Warrants No. 33221 - 33424 10
FINANCE DEPT, MONTLY INVESTMENT REPORT-R/F report for July 1998 4
lEAGUE OF CA CITIES-Designate Mayor & MPT as voting delegate and alternate at Annual Conf 4
lEGISlATION-Cont discussion on Prop 5, Tribal-state Gaming, to 9-14 5,6
LIVE ENTERTAINMENT PERMIT-Apprv app for Island Espresso, 9193 Valley View 6, 7
LINCOLN AVE BRIDGE-Amend contract for seismic retrofit, PW Proj 9620 3
LINCOLN AVE STREETSCAPE-Apprv plans & specs & solicitation of bidS for constr, PW proj 9805 4, 5
NATURE PARK-Apprv plans & specs & award contract for construction of wrought Iron fence 2
ORAL COMMUNICATIONS-citizens spoke on railroad tracks, Little league, trash, la Terraza,
Prop 5, peppertree Park 1-3, 12
POLICE DEPT -Award contract for leave of two undercover vehicles 2,3
PRESENTATIONs-certificates of special Recognition given to 1998 performing Arts and Visual
Arts Scholarship Recipients. 1
PRESENTATIONS-Badge pinning ceremony for new Chief of pollee, John D. Hensley performed
by Mayor Pro Tem Keenan 1
PRESENTATIONS-Slide presentation given by Godbe Research & Analysis Citizens Satisfaction
Survey 2
REC & PARK DIST -staff received direction for considering sites for skate park 11, 12
STREET TREES-Deny request to remove tree at 4322 Manchester PI 10
TRAFFIC COMM-Appointed Crystal Killian 10
ZONING MATTERS-AdoPt Resos apprv DRC Permit Nos. 98-24, 98-27 and 98-28 5
ZONING MATTERS-Adopt Reso apprv DRC No. 98-17, 2nd story building sign, 9242 Walker 8
ZONING MATTERS-Adopt Reso apprv DRC No. 98-21, constr off bld9, 10900 Winners Cr 9
ZONING MATTERS-Adopt Reso denying DRC 98-26, neon accent lighting, 5177-5185 Lincoln 9,10
"
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
August 24,1998
The Regular Meeting of the Cypress City Council was called to order at 5:01 p.m., in the
Board Room, City Hall, West wing, 5275 orange Avenue, Cypress, Mayor Pro Tem Tim
Keenan presiding.
PRESENT: Councilmembers Bowman, Carroll, Keenan and Piercy
ABSENT: Mayor Jones, councllmember Piercy
INTERVIEW SESSION: Traffic Commission Applicants
Council member Piercy arrived at 5:02 p.m.
The City Council conducted oral interviews with the four applicants for the single vacancy
on the cypress Traffic Commission.
WORKSHOP SESSION: Review of Citizens satisfaction Survey and Results of Focus Group
Meetings.
The Workshop Session was called to order at 5:31 p.m., with all Councilmembers present
except Mayor Jones. Also present were the City Manager, City Attorney, and staff
members DeCarlo, Chief Hensley, KellY, Storey, Vazquez and Wylie, and Brian Godbe, a
consultant with the firm of Godbe Research & Analvsls.
The City Manager provided an overview of the Citizens satisfaction Survey, which was a
random sampling conducted for the purpose of obtaining a reliable, statistically
significant indication on how cypress citizens feel about the services offered by the City.
Karen WYlie, Assistant to the City Manager, provided a summary of the questions and
some ideas for each of the questions that the facilitator and the BUSiness and Resident
FOCUS Groups discussed.
Mr. Godbe made a slide presentation of the results of the Resident and Business
Satisfaction Surveys, Indicating that the satisfaction ratings from residents and businesses
surveyed were the highest of any other City surveys conducted.
RECESS: Mayor pro Tem Keenan recessed the meeting at 6:29 p.m. to enable the Council
to continue their meeting In the Council Chamber.
CLOSED SESSION: The Council entered into Closed Session at 6:34 p.m. to discuss the
agendized item of the liability Claim (Government Code Section 54956.95) in the matter
of the Automobile Club of Southern California for their insured, Lance A. Alarcon vs. the
City of Cypress.
The meeting was called to order at 7:02 p.m. with all Councilmembers present except
Mayor Jones. Also present were the City Manager, City Attorney and staff members
DeCarlo, Hensley, Kelly, storey, Vazquez and wylie.
7:00 P. M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by Webelos Pack 660.
INVOCATION: Father Mike Heher of st. Irenaeus Church gave the invocation.
PRESENTATIONS:
Mayor Pro Tem Keenan announced that the Cypress little League are western Regional
Champions and presently In Williamsport, PA to compete in the National Championships.
MediaOne will be providing free TV coverage on ESPN.
I
Mayor Pro Tem Keenan, along with Gay Hannah and Betty Koester, made presentations of
Certificates of Special ReCognition to 1998 Performing Arts and Visual Arts Scholarship
Recipients. FOCCA President-Ethel Bowman briefly reviewed the scholarship program.
Mayor Pro Tem Keenan acknowledged the fine job performed by Acting Chief Krauss
during the past year. The Mayor Pro Tem Introduced the new Chief of Police, John D.
Hensley and his wife Jody, who officially pinned the badge on Chief Hensley.
CITY COUNCIL MINUTES AUgust 24, 1998
RECESS: Mayor Pro Tem Keenan recessed the meeting at 7:20 p.m. and reconvened at 7:34
p.m. with all councllmembers present, except Mayor Jones.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager reported on discussions held during the workshop session on the results
of the Focus Group meetings and he Introduced Mr. Brian Godbe of Godbe Research &
Analysis who reviewed the results of the Citizens Satisfaction Survey with a slide
presentation on the quality of life and city services and programs in the City of cypress.
He again commented on the high satisfaction levels from both the residents and business
surveys.
The City Attorney reported that the Council unanimously denied the application to
present a late claim flied by the Automobile Club of southern California relating to their
insured (Alarcon>, with Mayor Jones being absent.
ORAL COMMUNICATIONS: limited to One-half Hour.
Mayor Pro Tem Keenan annOunced that Fullerton Junior College cable network will be
providing coverage of the National Little League Championships.
Ms: Mary Crowder, 6881 Reef ton Avenue, Cypress, asked If the railroad tracks could be
fixed on valley view street across from cypress College. She also complained about the
trash company leaving trash In the street on trash days and missing pickups.
The City Manager said that Brlggeman Disposal will be contacted about the problems. He
advised that the railroad tracks have been paved over on the southerly spur of Valley
View, which has been abandoned. The track at valley View street and Cypress college Is
stili being used.
Councllmember Piercy asked the City Manager to clarify the question on the change of
ownership of the La Terraza restaurant. The City Manager advised that the change to EI
Jardlnes was simply a name change and not a change In ownership. Therefore, there are
no applications made to the City.
AWARD OF CONTRACTS:
APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF CONTRACT. AND APPROVAL OF A
COOPERATIVE AGREEMENT. FOR CONSTRUCTION OF A WROUGHT IRON FENCE AT THE NATURE
PARK ON BALL ROAD AND VIA LARGO. PUBLIC WORKS PROJECT NO. 9814: The City Manager
asked Gonzo vazquez, contracts and Environmental Affairs Manager, to present the staff
report which advised that the existing chain link fence at the Nature park has
deteriorated and should be replaced. Due to the park being recently reopened it was
recommended that the fence be upgraded to a more aesthetically pleasing wrought Iron.
Three bids each were received for Alternative "A' which consisted of a wrought Iron fence
with straight bars and Alternative "B" which consisted of the more decorative shepherd
hook.
It was moved by Councllmember Carroll and seconded by councllmember Piercy to:
1. Approve the plans and specifications for the construction of a wrought Iron fence at
the Nature Park on Ball Road and Via Largo.
2. Approve the cooperative funding agreement with the county of Orange.
3. Determine the responsible bidder for Public Works project No. 9814 to be Ace Fence
Company.
4. Award a contract for the construction of a wrought Iron fence at the Nature park to
Ace Fence Company, 15135 Salt Lake Avenue, City of Industry, California 91746, In the
amount of 545,910.50.
The motion unanimously carried by the following roll call vote:
,
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
AWARD OF CONTRACT FOR LEASE VEHICLES: Police Captain Krauss presented the staff report
which indicated that the Police Department's special Enforcement Team maintains two
leased vehicles to assist In Its undercover operations. The contract for these services
2
CITY COUNCIL MINUTES August 24,1998
expired June 30, 1998 and the Department is seeking Council approval to award a two
year contract to the new provider, Guaranty Chevrolet.
It was moved by Councilmember Piercy and seconded by Councllmember Carroll to award
the contract for leasing of two vehicles for its undercover operations to Guaranty
Chevrolet, 711 East 17th Street, santa Ana, California 92701, for the period September 1,
1998 to June 30, 2000. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
AMENDMENT TO THE CONTRACT FOR SEISMIC RETROFIT OF LINCOLN AVENUE BRIDGE AT COYOTE
CREEK CHANNEL, PUBLIC WORKS PROJECT NO. 9620: At the request of the City Manager, the
Contracts and Environmental Affairs Manager reviewed the staff report. The City had
received authorization from the State to begin the construction phase for the seismic
retrofit; however, the City iS'not adequately staffed for the construction administration/
inspection of this project and is requesting that Martin & Kane's current contract be
amended to include the construction administration/inspection aspect.
Mayor Pro Tem Keenan asked that an errors and omissions clause be included in the
contract as a condition of approval.
Councllmember Carroll emphasized that whatever the backing for the project, there be
insurance In the form of financial assets.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
amend the Seismic Retrofit Design contract for Lincoln Avenue Bridge at coyote Creek
Channel, awarded to Martin & Kane, Inc., 1401 Dove street, suite 640, Newport Beach,
California 92660 on March 27, 1997, to include construction administration/inspection, as
specified in the proposal, In an amount not to exceed $26,336.00. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
AWARD OF CONTRACT FOR PURCHASE AND INSTALLATION OF BLEACHERS FOR ARNOLD/CYPRESS
PARK, AS PART OF THE PARK RENOVATION CAPITAL PROJECT: The City Manager asked the
Recreation and Park Director to review the staff report which sought Council approval for
the replacement of all of the bleachers on Field #1 with one 30' long bleacher and four 15'
long bleachers, each with seven rows. The raised section of bleachers located at the
lighted softball diamond constitute a hazard due to their deteriorated condition and the
size of the openings within the guardrails.
It was moved by councllmember Piercy and seconded by Councilmember Bowman????
That the City Council, acting as the ex-officio governing Board of Directors for the cypress
Recreation and Park District:
1. Determine the lowest responsible bidder for bleacher project at Arnold/Cypress Park
to be Aluminum Seating, Inc.
2. Award a contract for the purchase and Installation of new bleachers on the lighted
field at Arnold/Cypress park to Aluminum seating, Inc., 555 Tennis Court Lane, San
Bernardino, CA 92408, in the amount of $25,624.42 <included $22,684.42 for materials
and $2,940 for installation>.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 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.
councllmember Bowman requested that Item No. 13, Approval of Plans and Specifications
and Authorization to solicit Bids for the construction of Lincoln Avenue Streetscape be
pulled. Councllmember Carroll requested that Item No. 14, Approval of DRC No. 98-24, 98-
3
CITY COUNCIL MINUTES August 24, 1998
27 end 98.28 be removed. Councilmember Piercy asked that Item No. 16, Request from
Mayor Pro Tem Keenan to Consider Adoption a Resolution Opposing Proposition 5, be
removed. In addition, a memo was Included with the Consent Calendar Items to remove
Item NO. 15, Adoption of Resolution Amending the City's Position Classification Plan from
the Agenda.
It was moved by Councilmember Bowman and seconded by Councllmember Piercy to
approve the Consent Calendar Items NO.5 through 16, with the exception of Items No. 13,
14,15 and 16. The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
Item NO.5: Motion to Approve City Council Minutes of AUgust 10,1998.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
AUgust 10,1998, as submitted.
Item NO.6: Motion to Introduce and/or Adopt All Ordinances and Resolutions presented
for Consideration by Title only and to Waive Further Reading.
Item NO.7: Approval of an Application for Alcoholic Beverage License Transfer Flied by
Equllon Enterprises LLC, D.B.A. Texaco, 6000 Cerrltos Avenue, cypress.
Recommendation: Receive and file.
Item NO.8: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Tao van Le and Re Thl Ngo, D.B.A. Players Lounge II, 10461 Dennl street, cypress.
Recommendation: Receive and file.
Item NO.9: Approval of an Application for Alcoholic Beverage License Transfer Flied by
Jerry Anthony and Angela Marla Cesario, D.B.A. Dominies Rlstorante Italiano, 9921 Walker
street, cypress.
Recommendation: Receive and file.
Item No. 10: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Ramiro Martinez Castillo, Maria Guadalupe Martinez and Jose L. Pulido, D.B.A. Athenian
Burgers 4,6012 cerritos Avenue, Cypress.
Recommendation: Receive and file.
Item No. 11: Designation of Voting Delegate and Alternate for League of California cities'
Annual Conference.
Recommendation: That the City Council designate Mayor Jones and Mayor Pro Tem
Keenan as the voting delegate and the alternate, respectively, for the Annual Business
Meeting to be held on october 3,1998, at 1:30 p.m., at the Long Beach Convention Center.
Item No. 12: Review of Monthly Investment Report for the Month of July 1998.
Recommendation: Receive and file.
Regarding Item NO. 13, Approval of Plans and Specifications and Authorization to solicit
Bids for the Construction of Lincoln Avenue streetscape, PUblic Works proJect No. 9805,
councilmember BOWman asked about the difference In the present plans and those
provided to the Council previously. It appeared that the present plans have very plain
bus shelters and benches. The Community Development Director advised that the bus
bench design did change but If there are additional AB 2766 money, the shelters can be
enhanced and the enhancements are shown as alternatives. Mayor Pro Tem Keenan
asked for options on the clock tower. The Finance Director advised that there is the
ability through change Orders to make changes once the bids are received.
Councilmember Bowman suggested that perhaps community service groups could
participate by sponsoring some of the Improvements on Lincoln Avenue, such as
benches, bus shelters and landscaping. Councllmember Carroll commented that It is vital
that there be a good change clause agreeable to the City In the contracts. At the request
of Mayor Pro Tem Keenan, the City Manager explained the sources of the funding for the
Lincoln Avenue streetscape.; It was moved by,.councllmember Carroll and seconded by
Councilmember Piercy to approve the Plans and Specifications for the Construction of
4
CITY COUNCIL MINUTES August 24, 1998
the Lincoln Avenue streetscape, PUblic Works project No. 9805, with the caveat that the
change clause be carefully considered, and authorize staff to solicit bids for the project.
The motion unanimously carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
With regard to Item No. 14, Approval of Design Review Committee No. 98-24, Request to
Approve a Sign Program and'Relocate Eleven (11) Building Signs for the Existing
Commercial center, 4700-4780 Lincoln Avenue; Design Review Committee No. 98-27,
Request to Replace the Canopy Fascia and Column Shrouds for an Existing Arco Gas
Station, 5012 Lincoln Avenue; and Design Review Committee No. 98-28, Request to Replace
the Canopy Fascia and Column Shrouds for an Existing Arco Gas station, 4988 Ball Road,
Councllmember Carroll specifically referred to the relocation of the 11 buildings signs on
Lincoln Avenue. At his request, the Community Development Director advised that the
official members of the Design Review Committee are the Public Works Director and the
Community Development Director. The unofficial members are the project Planner, and
representatives from the pollee, Redevelopment and Building Departments.
Councilmember Carroll commented that a chronic complaint from businesses is that staff
is making regulations on signs when they don't know what It means to the business. He
felt that a civilian design review committee was needed to augment the staff. It was
moved by Councllmember Carroll and seconded by Councilmember Keenan to adopt the
attached Resolutions by title only, titles as follow, approving Design Review Committee
No. 98-24, No. 98-27 and No. 98-28 - with conditions.
RESOLUTION NO. 4999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-24 - WITH CONDITIONS.
RESOLUTION NO. 5000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-27 - WITH CONDITIONS.
RESOLUTION NO. 5001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-28 - WITH CONDITIONS.
The motion unanimously carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
In regard to Item No. 16, Request From Mayor Pro Tem Tim Keenan to consider Adopting
a Resolution Opposing proposition 5, Relating to Tribal-State Gaming Compacts and Tribal
Casinos, Councllmember Piercy said she has had a number of citizens contact her about
this legislation and she Is not in full agreement with the interpretation of the issue given
by the Coalition. Several of the callers felt that this issue does not apply to Cypress even
though they were against gaming in the City of Cypress. She didn't feel that the Council
should go on record opposing proposition 5 and she would vote against it.
Mayor Pro Tem Keenan said that he has done quite a bit of research on this Issue and its
passage would have an Impact on Cypress. If prop 5 passes, It would allow for expansion
of gaming and would have an Impact on a gaming business located In the City through
loss of revenue. It does not allow local governments to negotiate casino locations and
si2e, traffic controls, police and fire protection, environmental review and food safety
regulations, building and zoning compliance. With the pact the Governor Is attempting
to negotiate, there would be limitation and regulations.
Councilmember Bowman agreed with the position In opposition to prop 5, but he would
be opposed to the Council taking a stand on the Issue.
Mayor Pro Tem Keenan said the citizens of Cypress have spoken clearly that they do not
want an increase In gaming In the City and he felt that It was important that the Council
take a stand.
Councllmember Carroll said he didn't agree with the expansion of off-track betting on
horse races, which could be :a loss of revenue to the City. The other Issue was the
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CITY COUNCIL MINUTES August 24, 1998
acquisition of land by the Native Americans and the lack of control by the local agencies If
a casino were established In the City of cypress. He felt this Issue was of grave concern to
the City and he supported the Council adopting a Resolution opposing prop 5.
It was moved by Mayor pro Tem Keenan and seconded by Councllmember Carroll to
continue this Item to the meeting of September 14,1998 and, If desired, have both sides
make a presentation and answer questions.
Councllmember Piercy said this Is not something the City Council should be discussing at a
Council meeting or a position taken.
Councllmember Bowman commented that he would like to understand this legislation
better and he questioned whether the Council knew enough about the legislation to
oppose It. The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Carroll and Keenan
NOES: 1 COUNCILMEMBERS: Piercy
ABSENT: 1 COUNCILMEMBERS: Jones
END OF CONSENT CALENDAR
ORDINANCES (Second Reading):
Councllmember Piercy clarified that she voted against the passage of this Ordinance
because she didn't approve of the entire package. She disagreed with the definition of
"contributions," but she has always agreed that contribution funds should be disclosed.
She will vote against the second reading.
Mayor Pro Tem Keenan felt that the amount of paperwork would be justified if It weeds
out mlsreporting of funds.
It was moved by Councllmember Carroll and seconded by Mayor pro Tem Keenan to order
the following Ordinance read by title only, title as follows, and to adopt the Ordinance
adding Article X to Chapter 2 of the cypress Municipal Code.
ORDINANCE NO. 978
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING
ARTICLE X TO CHAPTER 2 OF THE CYPRESS MUNICIPAL CODE, PROVIDING FOR THE
HEIGHTENED REPORTING OF CONTRIBUTIONS AND EXPENDITURES FOR ELECTIONS IN THE
CITY OF CYPRESS.
The motion carried with the following roll call vote:
AYES 3 COUNCILMEMBERS: Bowman, Carroll and Keenan
NOES 1 COUNCILMEMBERS: Piercy
ABSENT: 1 COUNCILMEMBERS: Jones
PUBLIC HEARINGS: 7:30 P.M.
PUBLIC HEARING RE: APPLICATION FOR LIVE ENTERTAINMENT PERMIT FOR ISLAND ESPRESSO,
9193 VALLEY VIEW STREET. CYPRESS: Mayor Pro Tem Keenan opened the public hearing.
The City Manager asked the Chief of Police, John Hensley, to present the staff report
which represented a request for a Live Entertainment permit. The applicant Is the new
owner of an existing business, Island Espresso, and the permit is being sought to provide
live entertainment consisting of cafe musicians, singing, Instrumental and foil< music and
poetry reading on special occasions. The hours of live entertainment will be Monday
through Sunday from 7:00 p.m. to 10:00 p.m. No admission fee will be charged and no
alcohol will be sold, but coffee, sandwiches, bagels, muffins and cold drinks will be sold.
Any amplified music will comply with the noise ordinance and a security guard will be
provided when there Is live entertainment. Notice of this pUblic Hearing has been
posted, published and mailed to property owners within 300 feet of the establishment In
accordance with the provisions of the Cypress City Code. To date, no communications
regarding this application, have been received. A phone call was received by the
Community Development Department from the owner of the property at 9141 valley
View street, Wilhemlna Van Hunnlck who expressed concern about the hours of operation
only. She felt that the business hours of 10 p.m. to 11 p.m. for weekdays and midnight
for weekends would be suitable closing times.
The City Attorney advised that this Is a residence which would be designated a legal non-
conforming use and a polley Issue In adopting the live entertainment ordinance. He
asked If It was the Council's I,ntent to prohibit live entertainment within 300 feet of any
6
CITY COUNCIL MINUTES August 24, 1998
existing residence or within 300 feet of any property zoned for residences or both. This
situation was not envisioned with the Ordinance was drafted.
Councilmember Bowman commented that it should not apply to a legal non-conforming
use.
Councllmember Carroll remarked that the zoning of the property would be the
controlling factor. He mentioned that In reading MS. Van Hunnlck's concern that her
request for hours was not in conflict with the business' proposed hours of operation.
Councilmember Piercy concurred.
The City Attorney would express the Council's interpretive intent of the ordinance on this
issue when It Is Iterated at the next Council meeting.
The applicant, Erin Witt, 1717 Stoneman street, Anaheim, said he has been In business for
approximately one year and he explained that the performers would be college students.
Responding to Councllmember Piercy, the applicant confirmed they do have tables
outside, but the entertainment is conducted Inside.
The City Manager requested the Community Development Director contact the applicant
to discuss MS. Van Hunnlck's comments with him.
Mayor Pro Tem Keenan asked If anyone wished to speak in support of or In opposition to
the application. No one spoke.
It was moved by Councilmember Bowman and seconded by Councllmember Piercy to
close the public hearing and approve the Issuance of a one year live Entertainment
Permit for Island Espresso. Councllmember Bowman commented that he didn't have a
problem with tables outside and If the Ordinance Is against It, the Council should consider
changing It. Councllmember Carroll concurred. The motion unanimously carried with the
following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-14, REQUEST TO PLACE A STORAGE
CONTAINER IN THE REAR PARKING LOT AREA AT 10191 VALLEY VIEW STREET: The public
hearing was opened by the Mayor pro Tem. The City Manager asked the Community
Development Director to summarize the staff report which represented a request by Mr.
Philip Handler to maintain a metal storage container for a period of three years In the
rear parking lot area of the cypress East Shopping center located at 10191 Valley View
street. The container will be used for the storage of boxes and merchandise for Encore
Cards and Gifts. In the past, on two separate occasions, the City Council has approved the
use of 10 and 1S storage containers on a temporary basis In the rear parking lot area for
the Mervyn's department store In the same shopping center. 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.
If graffiti removal within a time period isn't in the City Code, councllmember Carroll
requested that a condition be added that any graffiti that may appear on the containers
be removed within 48 hours. Councllmember Piercy concurred.
The City Attorney referred to 5-29.6 In the Cypress Municipal Code which did address the
removal of graffiti within a 48 hour period.
The applicant, Philip Handler, Treasurer of Encore cards and Gifts, said that they had
asked for a three year time period because of the growth factor and the amount of
business, the storage space Is needed. There Isn't a way to build a permanent storage
structure at the same price they are renting. He mentioned that access to the storage
container was limited to 8:00 a.m. and 6:00 p.m., but the hours of operation of the
business are from 10:00 a.m. to 8:00 p.m. and they have had no complaints. He requested
the permit be granted for three years because of the cost to reflle each year.
Mayor Pro Tem Keenan asked If anyone wished to speak in support of the permit
application.
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CITY COUNCIL MINUTES August 24, 1998
Ms. Laurie Stlte, representing Donahue schreiber, the property owner for cypress East,
urged the Council to grant Encore Cards and Gifts' request for a conditional use permit
for three years.
Mr. Bill wostenberg, no street address given, Cypress, asked the council to grant the
permit. Encore Is a generous neighbor and have contributed to events In the City.
No one wished to speak In opposition to the application.
At the request of Councllmember Carroll, the Community Development Director
explained the difference between one year vs. three years because the use Is temporary.
If the use Is allowed for one year, subject to review, whether a fee Is Involved or not, the
intent of the code Is being followed.
Councllmember Piercy asked If the conditional use permit could be reviewed after one
year with no additional charge. The community Development Director advised that was
the suggestion.
It was moved by Councllmen"lber Carroll and seconded by Councilmember Bowman to
close the public hearing and adopt the Resolution by title only, title as follows approving
Conditional use permit No. 98-14 for a period of three years, subject to the conditions of
approval, with the hours of use the same as Encore's hours of operation. Councllmember
Bowman added that he would rather approve the permit for three years and If there
were substantiated complaints, then the permit could be pulled. The community should
do all they can to encourage this business to remain. After some discussion,
Councllmember Bowman suggested that a condition be added that If there was sale or
transfer of the business, that the conditional use permit would terminate and the
applicant agreed. Councllmember Carroll amended his motion and Councllmember
Bowman seconded.
RESOLUTION NO. 5002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-14 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
RECESS: Mayor Pro Tem Keenan recessed the meeting at 9:35 p.m. and reconvened at 9:45
p.m. with all councllmembers present, with the exception of Mayor Jones.
Mayor Pro Tem Keenan announced that the Cypress Little League team lost their first
game.
NEW BUSINESS:
APPEAL OF DESIGN REVIEW COMMITTEE NO. 98-17, REQUEST FOR A PROPOSED SECOND-STORY
BUILDING SIGN AT 9242 WALKER STREET. CYPRESS: The Community Development Director
advised that staff met with the applicant, Ms. Sonya Merino, this afternoon and she had
agreed to mount the sign tothe canopy fascia. The top of the sign will not extend above
the top of the canopy and the new sign location and design are consistent with the
placement of other building signs and with the City's Sign ordinance. Therefore, staff is
now recommending that the City Council approve DRC No. 98-17.
It was moved by Councllmember Piercy and seconded by Councllmember Keenan to
adopt the Resolution by title only, title as follOWs, approving Design Review Committee
NO. 98-17.
RESOLUTION NO. 5003
A RESOLUTION OF TJ-l/E CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN
REVIEW COMMITTEE NO. 98-17 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
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CITY COUNCIL MINUTES AUgust 24,1998
APPROVAL OF DESIGN REVIEW COMMITTEE NO. 98.21. REQUEST TO CONSTRUCT A 108.000
SQUARE OFFICE BUILDING. LOCATED AT 10900 WINNERS CIRCLE. CYPRESS: The City Manager
asked the community Development Director to review the staff report which
represented a request by comstock Johnson Architects, Inc., on behalf of Buzz Oates
Enterprises II, to construct a 108,000 square foot two-story office building at 10900
Winners Circle within the PBP Planned Community Business Park Zone. The subject
property Is located within Planning Area 5 of the Cypress Business and Professional center
Specific Plan area. AdditionallY, the property is located within the Los Alamltos Race Track
and Golf Course Redevelopment Project area. The proposed project meets all
development codes and standards set forth in the City of Cypress Zoning Ordinance and
the cypress Business and Professional center Specific Plan. The proposed project Is also
consistent with the goals and policies set forth in the City of Cypress General Plan, as well
as the applicable Los Alamltos Race Track and Golf Course Redevelopment project Area
Plan. Additionally, an Initial Study and Mitigated Negative Declaration have been
prepared for the proposed project In accordance with the requirements of the California
Environmental Quality Act (CEQA>. All mitigation measures identified in the Negative
Declaration have been Incorporated Into the project as conditions of approval. The
DeSign Review Committee decision shall become effective upon the City Council's
acceptance of DRC No. 98-21.
At the request of Councilmember Carroll, the Community Development Director
explained why this project did not require a conditional use permit.
Mr. Bruce Kemp, cypress Development company, responded to questions from Council on
parking for which they meet standards but do not exceed them. He explained the
company's plans for the adjoining parcels.
After additional questions and answers, It was moved by Councilmember Piercy and
seconded by Councilmember Bowman to adopt the Resolution by title only, title as
follows, approving DRC Permit No. 98-21.
RESOLUTION NO. 5004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 98-21 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
APPEAL OF DESIGN REVIEW COMMITTEE NO. 98-26. REQUEST FOR NEON ACCENT LIGHTING AT
PACIFIC STEREO. LOCATED AT 5177-5185 LINCOLN AVENUE. CYPRESS: The Community
Development Director summarized the staff report which represented a request by Mr.
Mohamad Aboabdo to appeal the Design Review Committee's decision to deny the use of
neon accent lighting on the Pacific stereo building located at 5177-5185 Lincoln Avenue.
On August 6, 1998, the Design Review Committee reviewed the proposed plans and
denied the request based on the excessive amount of accent lighting proposed for the
building as well as the size of the neon tubing. Because the proposed neon accent
lighting is larger than one-half Inch In width and exceeds the City'S Neon Use Criteria'S
Intent of accenting the architectural design of the building, the Design ReView
Committee Is recommending denial of the request as proposed.
Councilmember carroll stated he would support the staff's recommendation to deny the
appeal and he so moved to adopt the Resolution by title only, title as follows, denying
DRC NO. 98-26. Councllmember Keenan seconded the motion. Councllmember Bowman
advised that he would be abstaining on this vote because he represents the owners of
the building.
The applicant, Mohamad Aboabdo, owner, Introduced the store manager who explained
that their store cannot be seen from the street and the neon around the top of the
building makes them visible to people driving down the street.
,
,
The Community Development Director advised that there Is night lighting available that
isn't neon but might enhance the sign and the applicants agreed to work with staff.
Councllmember Carroll would amend his motion to deny the appeal without prejudice
and Councllmember Keenan would amend his second.
9
CITY COUNCIL MINUTES August 24,1998
RESOLUTION NO. 5005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING WITHOUT
PREJUDICE DESIGN REVIEW COMMITTEE NO. 98-26.
The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
ABSTAINED: 1 COUNCILMEMBERS: Bowman
REQUEST TO REMOVE A PARI<!NAY TREE AT 4322 MANCHESTER PLACE: The City Manager asked
the contracts and Environmental Affairs Manager to summarize the staff report which
advised that a request for the removal of a street tree at 4322 Manchester Place was
denied because It did not meet any of the criteria established by the City Council for tree
removals. A resident may appeal the pUblic Works Director's decision denying removal to
the City Council, which the applicant has done. staff is seeking Council direction on this
matter. Mrs. Heiler's primary complaint Is that her husband is confined to a walker and
wheelchair and may loose his footing on the constant tree debris.
Council member Bowman felt the City should make a concentrated effort to better
maintain the tree.
Mayor Pro Tem Keenan said he would be In favor of granting the removal of this tree
because of the special circumstances of the resident and he so moved.
Councllmember carroll said the tree did not meet any of the criteria for removal, no ADA
regulations were being violated and he would not support removal.
Councllmember Piercy concurred with Councllmember Carroll and suggested better tree
maintenance.
Mayor Pro Tem Keenan's motion died for lack of a second.
It was moved by Councllmember Piercy and seconded by Councllmember carroll to deny
the request for removal of the street tree at 4322 Manchester Place. The motion carried
by the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Carroll and Piercy
NOES: 1 COUNCILMEMBERS: Keenan
ABSENT: 1 COUNCILMEMBERS: Jones
SCHEDULING OF INTERVIEW SESSION FOR APPOINTMENT TO THE CULTURAL ARTS COMMISSION:
The staff report Indicated that additional applications for the single vacancy on the
cultural Arts Commission were solicited due to the resignation of Commissioner Frann
Shermet. As of the filing deadline of August 17, only one additional application has been
received. Mayor pro Tem Keenan moved to conduct the interview at 5:30 p.m. prior to
the september 14 Council meeting. councllmember Piercy seconded the motion, which
was unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
APPOINTMENT TO THE TRAFFIC COMMISSION: The staff report advised that the City Council
interviewed four applicants interested in appointment to the Traffic Commission due to
the vacancy created by the Resignation of Mr. Carl Re.
Mayor Pro Tem Keenan stated that It was a consensus of the Councilmembers to appoint
MS. crystal KIllian to the Traffic Commission to fill the single vacancy.
APPROVAL OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 33221 - 33434: It was moved
by Councilmember Carroll, and seconded by Councllmember Keenan to approve the
commercial warrant List for warrants No. 33221 through 33434 In the amount of
$1,060,141.70. The motion unanimously carried with the following roll call vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
10
CITY COUNCIL MINUTES AUgust 24, 1998
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors.
DISCUSSION REGARDING SELECTION OF ALTERNATIVE LOCATIONS TO CONSIDER FOR
CONSTRUCTION OF A SKATEPARK: The City Manager asked the Recreation and Parks Director
to present the staff report which stated that the Cypress Recreation and Community
Services Commission was directed to conduct a workshop in order to bring a list of
options on possible site selections for a skatepark back to the City Council. The workshop
was held on August 12 and included lengthy discussions of the pros and cons and
approximate costs of a variety of proposed locations for the skatepark involving public or
private property. Approximately 365 letters were mailed to announce the workshop and
45 people attended. Based on Input from the skate park committee and
recommendations by the Recreation and Community Services Commission and City
Council, a concrete, "streetscape style" skatepark is proposed for construction within the
City, featuring curbs, ramps and rails that do not exceed 42" In height. The primary
participants targeted to use the facility are novice skateboarders and In-line skaters. The
facility would be free of charge, unlighted, unsupervised and no more than 4,200 square
feet In size. Final conclusions resulting from the four-hour public workshop Included a
comprehensive listing of criteria utilized for site selection as well as a comprehensive
review of properties for site selection and participants determined that none of the
publicly owned facilities listed met all of the formulated criteria for a 4,200 square foot
skatepark. The tlmeframe did not allow for adequate evaluation for consideration of
private property as a site selection and further stUdy is necessary to sufficiently explore
alternative site proposals.
Councilmember Piercy asked about the possibility of two or three smaller facilities
throughout the City and changing the name to something other than a "skatepark."
There are other sites In the City where smaller facilities could be situated.
Councllmember Carroll commented that If property Is purchased In the right location,
used extensively, then It Is a good Investment. He complimented staff on their
exhaustive stUdy. He suggested the cypress School District site on Orange and Moody and
would recommended talking to the SchOOl District about the possibility of a skatepark at
that location.
Councilmember Piercy clarified that the site they are considering Is on Orange Avenue
next to the driveway of the LOS Church.
Mayor Pro Tem Keenan expressed his disappointment that there Is still an Impasse on this
issue. He would be open to moving this along and the need to explore a joint venture
with the City of La Palma.
Councllmember Bowman suggested cordoning off part of the Cypress Chamber of
Commerce parking lot for skating. Since the property Is already in use, it wouldn't create
a conflict with the Wicker Drive properties.
Responding to councllmember Piercy's question on the appropriation of funds, the City
Manager replied that an analysis, combined with the idea of smaller skating facilities than
those originally proposed may result In something that has not been reviewed so the
designation of money Is not necessary at this time. A budget will have to be established
If the project proceeds beyond the funds already designated. He mentioned the reasons
that made the Wicker Drive a difficult site for a skatepark and if Wicker Drive were to be
considered, then also consider compatible uses for the property. He suggested Wicker
Drive be analyzed along with other possible sites.
Mayor Pro Tem Keenan remarked that Wicker Drive should not receive top consideration
because of the difficulties Involved.
Councllmember Bowman said he believed that Wicker Drive will probably result In
Public/Semi-Public use In the future, which Is what most of the community desires for
that site. He believed that something could be resolved for that site.
Councllmember carroll commented that to encumber Wicker Drive property's potential
value In any way for some, short term purpose Is not a viable option. He would prefer
spending $150 to $200 thousand for another site rather than lock up Wicker Drive and
diminish Its value.
It was moved by Council member Piercy to approach the Cypress school District to inquire
about an arrangement to use a portion of their property for a skatepark.
11
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CITY COUNCIL MINUTES ...... "
The City Manager suggested that the Council may desire to direct staff to enter Into
discussions with the Cypress School District on that particular property and
simultaneously begin the process of forming a task force.
Mayor Pro Tem Keenan suggested Including the City of La palma In discussions.
Councllmember Carroll asked that the motion be expanded to include not only
discussions with the Cypress School District be pursued, but also three other most likely
sites pursued simultaneously. Councllmember Piercy concurred and Councllmember
Carroll seconded the motion. The motion unanimously carried by the following roll call
vote:
AYES: 4 COUNCILMEMBERS: Bowman, Carroll, Keenan and Piercy
NOES: o COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Jones
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress
Redevelopment Agency. None were presented.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mr. Alan Crowder, 6881 Reef ton Avenue, Cypress, referred to proposition 5 and the
comments against gambling and seemingly contradictory comments about gambling
coming to the City will take revenue away. There will be a card club In Los Alamitos and
Hawaiian Gardens. All opponents of Prop 5 should have to disclose where their funds are
coming from.
Ms. Mary Wei, 5086 Eucalyptus Circle, Cypress, said she bought a house seven months ago
on Eucalyptus, which is directly behind the School District property. She felt that the idea
of a skatepark there is disrespectful to residents. She believed that the skatepark should
be more than 135 feet from residences and negative impacts on surrounding homes must
be taken Into consideration. She suggested the criteria for the skatepark be prioritized.
Ms. Ellen Crooks, 9193 Ethel street, Cypress, was present to request the Council to support
the Cypress Little League All-Star parents Fund for the parents of the Cypress Little
Leaguers who are attending the National Championships. whatever funds raised will be
given to the parents to help defray expenses. The account is open at Union Bank on Ball
Road.
Ms. Mary Crowder, 6881 Reef ton Avenue, Cypress, asked if flowers could be planted
around the street sign near peppertree Park by the residents. The City Manager will have
a representative from PUblic Works contact Ms. Crowder.
Mayor Pro Tem Keenan referred to a recent article In the newspaper regarding an "Adopt-
A-park" program In another City where the City has made funds available to a non-profit
organization to adopt a park.
Councilmember Carroll said that he felt that some assurances were owed to Ms. Wei. He
said the City has waited too long and come too far to do something arbitrary, capricious
and stupid. Every proposed site will get the same consideration as veterans Park and If it
doesn't make sense to continue, it won't.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mayor Pro Tem Keenan adjourned the meeting at 11:16 p.m. to
Wednesday, september 9,1998 at the Courtyard by Marriott, 5865 Katella Avenue, Cypress,
at 9:00 a.m. for a Strategic Planning Workshop.
MAYOR OF THE CITY OF CYPRESS
ATTEST: I
CITY CLERK OF THE CITY OF CYPRESS
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