Minutes 98-03-23CITY COUNCIL MINUTES
CITY OF CYPRESS
March 23, 1998
Page
ABC LICENSE--R/F transfer app, Lincoln Produce Mkt, 5511 Lincoln
ABC LICENSE--R/F transfer app, Sho Gun Sushi, 6940 Katella
ADULT DAY CARE TASK FORCE--R/F report of Task Force
ARNOLD/CYPRESS PARK--Apprv plans & Design Specs for parking lot improvements
ARNOLD/CYPRESS PARK--Adopt Neg Dec for renovation proj
CABLE TV--Appr given to contract with satellite music provider for Channel 36
CIVIC CENTER--R/F report on Mulberry Trees
COMMENDATION--AdOpt ReSOS commending Scouts Ludloff, Delorenzis, Burch & Siegel
CUP NO. 97-32--Adopt Resos apprv permit & Var 97-10, antenna, 8911 Watson
CUP NO. 98-1--AdOpt ReSO apprv permit Spec bldg, 11331 Valley View
FINANCE DEPT, MONTHLY INVESTMENT PROGRAM--R/F program for Feb 1998
FINANCE DEPT, COMM WARRANT LIST--Apprv Warrant LiSt NO. 30856 - 31096
GRAFFITI--Approp funds for graffiti removal thru 6/30/98
LEGISLATION--Apprv opposition to SB 2001, SB 1723 & AB 1776
LIVE ENTERTAINMENT PERMIT--R/F staff report on Via Maria, 9969 Walker
LIVE ENTERTAINMENT PERMIT ORD--Direct staff to send Itrs to five bus w/permits
POLICE DEPT--Auth out-of-state travel for Lt. TO a[-tend FBI Natl Acad for 11 weeks
POLICE DEPT--COnt request for COPS MORE grant to 4/13
POLICE DEPARTMENT--Award contract to replace damaged police vehicle
ORAL COMMUNICATIONS--Citizens spoke on Lexington Open House, New Zealand property, Via
Maria
PRESENTATIONS--ReSOlUtion of Commendation presented to Jared E. Ludloff
PRINT SHOP--ACCept relocation of print shop, PW Proj No. 9734
PROCLAMATION--proclaim April 6-12, 1998 as "Community Development Week"
RAILROAD RIGHT-OF-WAY--Auth Mayor to sign Itr notifying residents of proposed changes
SR CITIZENS CENTER--Award contract for handicap site improvements, PW Proj 9724
TRACT MAP--ACCept Final Map No. 15545, 8621 Walker St
ZONING MATTERS--AdOpt ReSO appr DRC No. No. 98-5
4,5
5
6
5
5
2,3
4
10, 11
11 -14
5
14
5
5,6
6-8
8-10
5
14
2
1,14,15
1
4
4
14
2
4
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 23, 1998
The Regular Meeting of the Cypress City Council was called to order at 5:33 p.m. Monday,
March 23, 1998, In the Council Chamber, 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 staff members Christoffels, Storey
and Wylie.
CLOSED SESSION: Mayor Jones immediately recessed the meeting to enable the
Councilmembers to enter into Closed Session to discuss those agenda items of
Conference with Labor Negotiator (Government Code Section 54957.6), Cypress Police
Officers' Association; Conference with Legal Counsel (Government Code Section 54956.9(a)
on three existing litigation matters of U.S. District Court Case NO. SACV98-171, Via Maria v.
City of Cypress, et al; Orange County Superior Court Case No. 790938, Stephen Spernak v.
City of Cypress, et al; Orange County Superior Court Case No. 789170, Wausau Insurance
Companies v. City of Cypress, et al; and one Liability Claim (Government Code Section
54956.95), I-lenriette J. Burtch v. City of Cypress. The meeting reconvened at 7:00 p.m.
with all Councilmembers present. Also present were the City Manager, City Attorney and
staff members Chrlstoffels, DeCarlo, Kelly, Krauss, Storey and Wylie.
7:00 P.M. SESSION
PLEDGE OF ALLEGIANCE: The Pledge was led by members of Cub Scout Pack #660.
INVOCATION: The invocation was given by Bishop Brad Smith, The Church of Jesus Christ
of Latter-Day Saints, Fourth Ward.
PRESENTATIONS:
MaVOr Jones presented a Resolution of Commendation to Eagle Scout Jared E. Ludloff.
REPORT OF CLOSED SESSION/WORKSHOP AGENDA:
The City Attorney reported on discussions held during the Closed Session on the
Conference with Labor Negotiator, which was continued to next Monday; Conference
with Legal Counsel on pending litigation with a briefing by the City Attorney on the legal
issues of via Maria v. City of Cypress of the legal issues; no discussion on Spernak v. City of
Cypress; a settlement proposal was conveyed to the City Council and they authorized the
City Attorney to enter into negotiations with some settlement authority on Wausau
Insurance Companies v. City of Cypress, with Councilmember Carroll dissenting. The City
Council also considered and rejected the claim of Henriette J. Burtch.
ORAL COMMUNICATIONS: Limited to One-Half Hour
Councilmember Piercy announced that Lexington Junior High School will be having an
open house on April 22, 1998 and invited the community to attend. The students will be
enacting an "American Experience" and she presented each of the Councilmembers with a
formal invitation.
Mayor Jones referred to questions from neighbors of Manzanita Park requesting a status
report on the New Zealand property. The Community Development Director responded
that an arrest warrant was signed for the property owner's failure to show for the
arraignment. A letter from the City Attorney's office has been sent to the owner
requesting consent to enter the property for abatement purposes.
Mr. Don Wesling, 11431 Anegada Street, Cypress, commented about the News Enterprise's
article on via Maria, which also stated that the Mayor was involved in the recall. AS a
member of the recall committee, Mr. Wesling said that they approached Mayor Jones
and Councilmember Carroll to join them. Both Councilmembers were against becoming
involved and remained neutral.
AWARD OF CONTRACTS:
CITY COUNCIL MINUTES March 23, 1998
CONTINUATION OF AWARD OF CONTRACT FOR THE HANDICAP SITE IMPROVEMENTS AT THE
SENIOR CENTER, PUBLIC WORKS PROJECT NO. 9724: The Public Works Director summarized
the staff report which indicated this contract award was continued from the last Council
meeting. Any additional handicapped parking spaces discussed at the meeting would not
alter or impact the proposed improvements to be made under this contract. Therefore,
staff is recommending that this project be awarded and be allowed to proceed while
staff pursues the installation of the additional requested handicapped spaces. In the
meantime, staff will set up the appeals board and continue to work on the request for
the additional two handicapped parking spaces.
Councilmember Bowman said had the planter strip been at the rear of the parking lot,
the handicapped parking could have been placed on the west side of the building. In the
future, either change the planter strip or allow direct access into the Center wherever
the handicapped parking is located.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to:
1. Determine the lowest responsible bidder for Public Works Project No. 9724 to be the
second low bidder, Impact Devco; and
Award a contract for the Handicap Site Improvements at the Senior Center to Impact
Devco, 309 Bridge St., San Gabriel, California 91775, in the amount of $28,791.40 (award
amount of $26,174.00 plus 10% contingency).
Direct staff to proceed with a Handicap Appeals Board process for consideration of
adding two (2) additional handicap parking spaces to the west lot of the Senior
Center. Approval by the Appeals Board would be subject to subsequent approval by
the Senior Commission and final approval by City Council.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Pierc¥ and Jones
None
None
AWARD OF CONTRACT TO REPLACE DAMAGED BLACK AND WHITE POLICE VEHICLES: The CitY
Manager asked the Acting Police Chief to present the staff report which sought to replace
one of three black and white patrol cars. Unit 619 was involved in a traffic collision and
subsequently deemed a total loss by three outside appraisers. The Chevrolet Police Tahoe
package has been identified by the Police Department to replace the black and white
patrol car for a number of reasons. The added room in the Tahoe would allow for the
storage of extra tactical equipment and radio equipment for an emergency mobile
command post.
After additional discussion, the City Manager noted that there are only two cars
manufactured that are available for Police use. The Tahoe will serve as a mobile
command post and a supervisor's patrol vehicle.
It was moved by Councilmember Keenan and seconded by Councilmember Pierc¥ that the
City Council:
Approve the replacement of Unit 619 with a 1998 Chevrolet Tahoe Police UtilitY
Vehicle under the Cooperative Purchase Provisions of the CitY of Manhattan Beach
Police Vehicle Bid #516-97 from Wondries Fleet Division, 1247 West Main Street,
Alhambra, California 91801, in an amount not to exceed $28,725.00 and
Appropriate $34,300.00 in Account Number 4377-90-659~39 (Equipment Replacement
Fund) for a new vehicle; and
Approve a transfer from the Public Liability Self-Insurance Fund, Unreserved Fund
Balance, in the amount of $30,275.00 to the Replacement Fund and authorize the
transfer from the ASSet Seizure Unreserved Fund Balance to the Equipment
Replacement Fund in the amount of $4,025.00.
The motion unanimously carried with the following roll call vote:
AYES:
NOES:
ABSENT-.
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS~ None
APPROVAL TO CONTRACT WITH A SATELLITE MUSIC PROVIDER FOR THE ClTY'S CABLE CHANNEL
3~6: Councilmember Keenan asked if the item could be split into two parl~ so he could
CITY COUNCIL MINUTES March 23, 1998
abstain on the first part and participate in the discussion on the second part. No one
objected. The City Manager asked the Assistant to the City Manager to summarize the
staff report which represented a request from Mayor Pro Tem Keenan to evaluate the
possibility of utilizing a satellite service to provide background music for the City's cable
Channel 36 and "on-hold" music for the City's phone system. A variety of options have
been researched and proposals for these services were received from three vendors.
Each proposal Included a 60 month contract, acquisition of necessary equipment and
installation with prices ranging from $2,626 to $21,125. Staff recommended that satellite
music for Channel 36 be selected and no action be taken regarding "on hold" music or a
message for City phones.
Councilmember Bowman asked for clarification on the type of music to be played. Staff
advised that seven to 10 different music formats were available without commercials.
Councilmember Bowman would like to be able to select the music.
The City Manager explained that the options for the Council are to spend $4,150 over a 60
month period of time to provide some limited selection of music format without
commercials as a background for Channel 36 or to continue with KLON which plays jazz,
pledge breaks and news.
Mayor Jones remarked that a change is in order for Channel 36.
Councilmember Bowman concurred but asked if there was an option of playing a tape
during the D.A.R.E. graduations rather than going to any other radio station.
Councilmember Piercy mentioned that over a five year period, $4,000 is not a lot of
money.
It was moved by Councilmember Piercy and seconded by Mayor Jones to select Muzak
Dish Network as the satellite music provider for Channel 36 and authorize an
appropriation of $4,150 from the Unreserved Balance of the General Fund Account NO.
4187-11-119 for a 60 month contract. Councilmember Carroll stated that he would vote
against the motion because he wouldn't spend his money nor would he spend taxpayers
money in this fashion. The motion carried with the following roll call vote:
AYES: 3 COUNCILMEMBERS: Bowman, Pierc¥ and Jones
NOES: I COUNCILMEMBERS: Carroll
ABSENT: 0 COUNCILMEMBERS: None
ABSTAINED: I COUNCILMEMBERS: Keenan
Regarding the second part, Councilmember Keenan advised that there were options that
were much more affordable for the "on-hold" music and should be presented at a future
meeting. It was moved by Councilmember Keenan and seconded by Mayor Jones to
continue this item. 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
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
Councilmember Carroll requested that Items No. 4, 9 and 15, Minutes, Appropriation
Adjustment for Graffiti Removal and Authorization to Oppose SB 2001, SB 1723 and AB
1776, re~Dectivelv, be removed from the ¢on~ent C31end3r. M3VOr Jones 3~ked thnt Item
No. 20, Status report of Adult Day Care Task Force, be pulled.
It was moved by Councilmember Bowman and seconded by Councilmember Carroll to
approve the Consent Calendar Items No. 4 through 20, wlth the exception of Items No. 4,
9, 15 and 20. The motion unanimously carried with the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, CarrolI, Keenan, PiercyandJones
None
None
Item No. 5: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title Only and to Waive Further Reading.
3
CITY COUNCIL MINUTES March 23, 1998
Item No. 6: Adoption of Resolutions Commending Eagle Scouts Jared E. LUdlOff, Carlo
Damon Delorenzis, and Geoffrey Craig Burch and Girl Scout Cheryl Siegel on Attaining the
Gold Award.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, commending Eagle Scouts Jared E. Ludloff, Carlo Damon Delorenzis and Geoffrey
Craig Burch and Girl Scout Gold Award recipient, Cheryl Siegel.
RESOLUTION NO. 4916
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
JARED E. LUDLOFF ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4917
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
CARLO DAMON DELOREN71S ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4918
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY SCOUT
GEOFFREY CRAIG BURCH ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING GIRL SCOUT
CHERYL SIEGEL ON ATTAINING THE GOLD AWARD.
Item No. 7: Proclaiming April 6- 12, 1998, as "Community Development Week."
Recommendation: That the Mayor and City Council officially proclaim April 6- 12, 1998, as
"Community Development Week" in the City of Cypress.
Item NO. 8: Approval of Design Review Committee No. 98-5, Request to Replace Two (2)
Existing Building Signs, Located at 10833 Valley View Street, Cypress.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee No. 98-5 - With Conditions.
RESOLUTION NO. 4920
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE NO. 98-5 - WITH CONDITIONS.
Item NO. 10: Acceptance of the Relocation of the Print Shop, Public Works Project No.
9734.
Recommendation: That the City Council: 1) Accept the project for the Relocation of the
Print Shop, Public Works Project No. 9734, as being satisfactorily completed in
conformance with the project specifications; 2) Approve Contract Change Order Nos. 1
through 7, in the amount of $4,401.00; 3) Approve the final retention payment of
$4,170.10 to SMC Construction Company, 3303 Harbor Blvd., Suite E-8, Costa Mesa, CA
92626, 35 days after the Notice of Completion is filed, if no claims or objections have been
filed, and upon the concurrence of the Director of Public Works; and 4) Authorize the City
Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon
expiration of the required lien period, if no claims or objections have been filed, upon
the concurrence of the Director of Public Works.
Item No. 11: Acceptance of Final Tract Map No. 15545, Property Located at 8621 Walker
Street, Cypress.
Recommendation: That the City Council approve Final Tract Map NO. 15545 and authorize
the City Clerk to sign the Record Map.
Item No. 12: Condition of Civic Center Mulberry Trees.
Recommendation: Unless there is objection to the proposed action, it is recommended
that the City Council receive and file the report.
Item No. 13: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Jason Jaesun and Youngmi Lee, D.B.A. Lincoln Produce Market, 5511 Lincoln Avenue,
Cypress.
4
CITY COUNCIL MINUTES March 23, 1998
Recommendation: Receive and file.
Item No. 14: Approval of an Application for Alcoholic Beverage License Transfer Filed by
Jung Soo Park, D. B. A. Sho Gun Sushi, 6940 Katella Avenue, Cypress.
Recommendation: Receive and file.
Item No. 16: Authorization for Out-of-State Training - FBI National Academy.
Recommendation: That the City Council authorize out-of-state travel for a Police
Lieutenant to attend the eleven week training at the FBI National Academy, Marine Corps
Base, Quantico, Virginia, and be reimbursed for all actual and necessary expenses
incurred.
Item NO. 17: AdOption of a Negative Declaration for the Arnold/Cypress Park Renovation
Project, Located at the Southwest Corner of Crescent Avenue and Watson Street.
Recommendation: That the City Council adopt the Negative Declaration for the
Arnold/Cypress Park Renovation Project in accordance with the requirements of the
California Environmental Qualib/Act (CEQA).
Item NO. 18: Review of Monthly Investment Program for the Month of February 1998.
Recommendation: Receive and file.
Recreation and Park District Matters:
Item No. 19: Approval of Plans and Design Specifications for Parking Lot Improvements at
Arnold/Cypress Park, Public Works Project NO. 9804.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, approve the Plans and Specifications
for the Parking Lot Improvements at Arnold/Cypress Park, Public Works Project NO. 9804,
and authorize staff to solicit bids for the project.
Regarding the Minutes of March 9, 1998, Councilmember Carroll referred to page 10,
fourth paragraph from the bottom, first sentence, asked that, 'Councilmember Carroll
mentioned that the City of Cypress started long before the Home Depot.' be changed to
read, "Councilmember Carroll mentioned that the Cypress city limits were established
long before the Home Depot." With that change, it was moved by Councilmember Carroll
and seconded by Mayor Jones to approve the Minutes of March 9, 1998, as amended. 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
In regard to Item No. 9, Appropriation Adjustment for the Graffiti Removal Contract,
Councilmember Carroll wished to discuss the increase in graffiti in the City and he asked
for comments from s~aff. The Acting Police Chief advised that the increase in graffiti is
directly related to the activities of tagger groups who associate with gangs. Restitution
for damages would be a normal course of action through the courts. The Public Works
Director commented that the Maintenance Department records each of the locations and
provide a monthly summary to the Police Department. Councilmember Carroll expressed
his alarm and suggested that a graffiti workshop be held because there appears to be an
increase in gang activity in the City. Mayor Jones recommended that the information on
the location of the graffiti be supplied to Council and then make this an agenda item. It
was moved by Councilmember Carroll and seconded by Councilmember Bowman to
appropriate $12,000 from the unreserved fund balance of the General Fund to Account
No. 4187-11-227-08 to provide for graffiti removal services through the end of June 30,
1998. The motion unanimously carried with the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
With regard to Item No. 15, Authorization to Oppose Senate Bill 2001 (HUrttJ, Senate Bill
1723 (Haynes), Assembly Bill 1776 (McClintock) - Repeal of Vehicle License Fees,
Councilmember Carroll commented that this bill would repeal the vehicle license fees,
but automobiles do not pay their share of the real cost and are subsidized by other kinds
of taxes. To repeal this vehicle tax would push more burden onto other taxing agencies
CITY COUNCIL MINUTES March 23, 1998
and he would support the opposition of this bill. It was moved by Councilmember Carroll
and seconded by Councilmember Keenan that the City Council join the League of
California Cities to oppose Senate Bill 2001, Senate Bill 1723, and Assembly Bill 1776, and
authorize staff to prepare letters in opposition to thls legislation. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Regarding Item No. 20, Status Report of Adult Day Care Task Force, Mayor Jones referred
to the summary of survey results a~tached to the staff report, which stated that a need
was perceived for an Adult Day Care Center and they are looking toward some type of
City partnership. However, the Mayor was unsure of the conclusion drawn by the Task
Force because there didn't appear to be a statistical sampling. Councilmember Bowman
said it seemed that the determination has been made that an adult day care center
would be needed and be funded separately. It appeared that other facilities are available
and the people that need the facilities may not be aware of them. Mr. Mike McGill, Adult
Day Care Task Force, advised that the group is now considering alternative funding
sources or partnership alternatives and will present the results to the Council in the near
future. It was moved by Mayor Jones and seconded by Councilmember Carroll to receive
and file. 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
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF PUBLIC HEARING TO REVIEW THE LIVE ENTERTAINMENT PERMIT FOR THE VIA
MARIA RESTAURANT, 9969 WALKER STREET: At the request of the Mayor, the City Manager
advised that the purpose of the public hearing was to review the Live Entertainment
Permit for Via Maria Restaurant. There is no action associated with the hearing which is
to provide the City Council with the opportunity to take public testimony. He requested
that the Acting Police Chief present the staff report, which indicated that because of the
significant public safety problems occurring at Via Maria Restaurant, the City Manager, on
February 24, 1997, temporarily suspended Via Maria's Live Entertainment Permit and
directed that a public hearing be held before the City Council on March 19, 1997, to
consider whether to revoke that permit. At that hearing, Via Maria proposed to
implement solutions to some of the public safety problems allowing the City to lift the
suspension of the Live Entertainment Permit. When the permit expired on July 22, 1997,
an application to renew the permit was filed, a public hearing was held, and the renewal
of the permit was granted with the request that staff return to the City Council in
January 1998 for a six month review. A public hearing was scheduled for February 23,
1998 because of several significant public safety problems occurring at Via Maria and
subsequently scheduled for March 23, 1998. Six letters have been received from residents
in opposition to the Live Entertainment Permit for Via Maria Restaurant.
The City Attorney s~ated that because of the litigation that has been filed but not yet
served on the City in this ma~ter, he recommended that the public hearing be opened,
testimony taken, and the hearing closed. The issues are complex with legal implications
and ramifications, it is recommended and requested that the Council direct staff to
analyze the evidentiary record that will be generated and report back with a
recommended course of action.
M~VOr Jones reopened the public henring.
Mr. Stan Blumenfeld, a lawyer representing via Maria, its principles and its operators,
provided an overview of his background. He noted that the complaint had not yet been
served on the City; however, the City A~torney has agreed to accept service on behalf of
the City and the other defendants. He described the lawsuit and charges made. He
expressed his concern with the proceedings and referred to the manner in which the
proceedings were conducted in January. This proceeding is basically an airing of public
comment but for what purpose. He had specifically asked for the police reports that
were relevant to the incidents that would be discussed at this meeting and he received
eight reports covering the time period from January, 1998 to the present. He then
proceeded to address the incidents on those reports. He suggested that an analysis be
made of the overall crime In the City to make a determination as to whether the activity
occurring at the Via Maria is high relative to the overall crime in the City. He cited some
incidents from the local paper that occurred in the City during January. It is improper to
CITY COUNCIL MINUTES March 23, 1998
continue to ask the Via Maria to come before the Council with the threat that its
livelihood is going to be taken away. He submitted a petition, for the record, that had
been signed by over 1,000 to 1,200 people supporting via Maria and the continuation of
their live entertainment permit. He asked for a show of hands of the people in the
audience who supported Via Maria.
Ms. Susan Linde, 9845 Joel Street, Cypress, read a letter addressed to the Council and
made part of the record, supporting the revocation of Via Maria's Live Entertainment
Permit. She clarified that she had come before the Council and asked for this public
hearing. She spoke about Mr. Blumenfeld's personal and business choices and he has put
this community at significant risk of health, safety and welfare.
Mr. Don West, II, resident of Buena Park, a patron of Via Maria, said he has never been
involved in an altercation at Via Maria. He remarked that some of the Incidences that
occurred were in the parking lot, he felt that it was unfair and he wanted via Maria to
continue unchanged.
Mr. Don Wesling, 11431 Anegada St., Cypress, said he didn't feel that the neighbors should
be subjected to the activities at Via Maria. Entertainment should not be allowed in
residential areas and he supported the revocation of the live entertainment permit.
Mr. David Garcia, Cypress resident, stated he has never had any confrontations in the
establishment and has not seen any problems there since its inception. It is unfair to
single out one business.
Mr. Karl Duddlesten, 4442 Via Linda, Cypress, has been a patron of Via Maria for several
years. He felt that the owners of this establishment have done everything possible to
make it work. He said Via Maria fulfilled a need in the City and he has never felt
threatened.
MS. Jane woznlak, 4480 Avenida Granada, Cypress, reminded the City Council that Via
Maria has had an entertainment license since the 1970s and it is not something new. She
felt it was uncalled for, a vendetta and there is no reason for the revocation of the
permit.
Mr. Nick Eighmy, Glenbrook Street, Cypress, asked the Council to continue the permit.
The problem is not the live entertainment. The owner has done all the things that he has
been asked to do by the City and Mr. Eighmy asked the Council to consider those things.
Mr. Raymond Wozniak, 4480 Avenida Granada, Cypress, said he believed that there was an
undercurrent against the Via Maria. The owner has done everything asked of him. This is
a neighborhood bar and he doesn't want to see a judgment against the City.
Mr. Dan Garvey, 9951 Barcelona Lane, Cypress, remarked that there is nothing personal
involved, he doesn't know the owner and has nothing against him. He is not interested
in closing down the Via Maria. He would like the restaurant to continue there. The
problem is with the entertainment and the concern is the accelerating level of violence.
The problems did not occur prior to the inception of this type of entertainment on
Friday and Saturday nights. He passed out copies of a letter from a neighbor and an ad
for the via Maria. He questioned how well the Via Maria was living up to what they had
promised to do. He referrlng to campaign statements from one of the Councilmembers
and he felt that they should excuse themselves from this issue.
MS. Stephanie RiCe, employee of Via Maria, said that they have always worked with the
City of Cypress in order to quell the incidents occurring at Via Maria. There is always a
cover charge for Friday and Saturday nights. There are problems and the owners are
going out of their way to take care of them. Without the llve entertainment permit, the
via Maria will not survive.
MS. Jackie Ropak, resident of Cypress and bartender and server at via Maria, stated that
any altercations have been contained promptly. She will remain employed at via Maria as
long as it is open.
MS. Christine Bollander, resident of Cypress and employee of Via Maria, commented that
she did not understand how live entertainment could promote violence and criminal
behavior. Via Maria would close without its live entertainment permit and put many
people out of work.
Mr. C. H. Vanderhyde, Barcelona Lane, Cypress, advised that his property backs up to the
Via Maria parking lot. He said that backing up to the Via Maria doesn't help property
values and it wasn't safe any more.
CITY COUNCIL MINUTES March 23, 1998
Mr. Steve Craig, 9958 Barcelona Lane, Cypress, felt that the neighborhood was more
unsafe than it used to be 10 or 12 years ago. The attitude has given way to youthful
insolence. He has tried calling the restaurant and receives no response, so he calls the
police. He didn't believe the live entertainment was going to improve unless the hours
are reduced.
Ms. Kathy Slmcox, 6143 Trinidad Avenue, Cypress, said she was involved with the recall,
and Mary Ann Jones did not support the recall but remained neutral. She also noted that
Via Maria said they would pass out flyers for the recall as they were doing for the
incumbents. She believed that the neighbors to Via Maria were suffering. She used to go
to Via Maria but she no longer does because she does not care for the way business is
conducted. She asked if there was more alcohol consumed than food. She asked how
many of the people who signed the petition actually live in the City of Cypress and the
number living near Via Maria.
Mayor Jones closed the public hearing.
The City Attorney clarified that there Is no action requested of the Council tonight. This
was a six month review and Via Maria was under no obligation to appear at any of the
reviews because no action could or would be taken with respect to any of the
entitlements and made a recommendation to the Council.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
receive and file the staff report, direct staff to consider the impact of the evidence
presented and report back to Council with appropriate action, if any. 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
Mayor Jones stated, for the record, that, "Since the lawsuit has been filed this evening, or
will be as soon as It is picked up by our City Attorney, I do want to state that there is no
conspiracy no matter what the people of Via Maria have stated. There is no conspiracy
and for me it's not personal. I think anybody that has watched any of the tapes from the
previous public hearing, they would know that my primary concern through all of this
has been the public safety of the public whether it be the patrons of Via Maria or the
citizens and the neighborhood. I do want to state that Mr. Blumenfeld had stated that
was reported in a police report, that I do have a copy of, that he personally doesn't like
me. I don't know Mr. Blumenfeld personally. I cannot say one way or the other. I'm sure
that he is a fine person and a good citizen, but I personally can't speak one way or the
other. So the fact that he has made the statement to me in a police report, I feel that it
is he, not me, that has a personal vendetta. I will not dignify any of the allegations that
were made because I feel that they're frivolous. Again, I think that this has been a way to
threaten and intimidate me. One of the many ways that Mr. Blumenfeld has used to
threaten and intimidate me. I think that he...It appears that it possibly...the lawsuit
against me anyway has possibly been filed as a result of some political motivation himself
and maybe to create some type of environment as we move into an election year.
Primarily because I am the only sitting incumbent that has consistently been very
concerned about the public safety in the City. Well, I won't be threatened and I will still
be.concerned about the people here in the City of Cypress whether they are a patron or
employee of Via Maria or a neighbor. So, I will continue to take a very strong position
when it is regarding the public safety in the community of Cypress."
Councilmember Carroll said he may have misunderstood but if the Mayor said that she
was the only one Interested in public safety, he totally disagreed. Mayor Jones stated
that if she said that, she didn't mean It. She meant that she has consistently voted in
opposition to Via Maria based on public safety issues.
Councilmember Carroll remarked that it is public safety that this Council is addressing.
PUBLIC HEARING TO PROVIDE OPPORTUNITY FOR HOLDERS OF LIVE ENTERTAINMENT PERMITS TO
COMMENT ON AMENDED AND RESTATED ORDINANCE RELATING TO LIVE ENTERTAINMENT AND
LIVE ENTERTAINER PERMITS (ORDINANCE NO. 973): Mayor Jones opened the public hearing.
The City Manager asked the City Attorney to summarize the staff report which indicated
that an urgency ordinance amending and restating the provisions of the Cypress
Municipal Code relating to live entertainment was forwarded to all current holders of live
entertainment permits and invited them to participate in a public hearing to receive and
consider any comments, questions, concerns or suggestions they might have. AS of the
writing of the staff report, no written or oral comments have been received from any of
the existing live entertainment permit holders. During the interim between adoption of
the urgency ordinance pubic hearing, the City Attorney's office has continued its review
CITY COUNCIL MINUTES March 23, 1998
and analysis of the amended and restated Live Entertainment ordinance and are
recommending further amendments to the ordinance.
Councilmember Bowman referred to page 9(fi and the City Attorney noted that there was
a typo in the fifth line and "interior~ should be changed to "exterior." Mayor Jones asked
if the ordinance addressed the qualifications of security guards.
Responding to Mayor Jones' question on the number of security personnel required, the
City Attorney replied that all future applications will require the submission of floor space
and occupancy will be impacted by that available floor space. It could also be used to
trigger the number of security personnel required. The City Attorney suggested that if
the Council is interested In a graduated scale that a formula be worked out and brought
back, which would include a process by which patrons leave over time to reduce existing
noise.
Councilmember Carroll referred to the Council's authority to set hours of operation and if
not, he would like to have it specifically included. He wondered about the practicality of
some of the requirements stated under the Live Entertainer permits in the ordinance.
The City Attorney responded that there are a number of exemptions outlined in the
ordinance.
Mayor Jones asked if anyone wished to speak.
Mr. Stan Blumenfeld noted that he didn't find the summary suspension provision in this
ordinance. The City Attorney said that there are suspension provisions in the ordinance.
After additional discussion, Mr. Blumenfeld felt that the proposed ordinance could be
applied retroactively to any permit holder. If it is the intent, then it would be an
unconstitutional regulatory taking and cannot apply to current license holders. He
suggested that the ordinance that is being proposed is an invitation to further litigation.
The City Attorney asked for Mr. Blumenfeld's comments in writing and would respond to
them. Mr. Blumenfeld responded that if he believed that this was a good faith a~empt
to analyze whether there is a nexus between live entertainment license and criminal
activity in the City, he would be more than happy to assist in drafting a constitutional
ordinance. Without trying to find out whether there is a problem associated with the
live entertainment permit then all that is being done is singling out a particular type of
business. He said he heard the request and he respectfully declines for the reasons he
just asserted.
MS. Kathy Simcox said she didn't find the requirement for distance from residences and
the transformation of an existing business to some other type of business. Mayor Jones
suggested that MS. Simcox obtain a copy of the ordinance.
Mr. Steve Graham, representing La Terraza Restaurant, addressed two specific items. It
seemed to contemplate a nightclub-type activity. La Terraza conducts many varieties of
live entertainment, part of which is nightclub activity. Another big part is wedding
receptions, birthday parties and family reunions at which there is live entertainment. He
suggested that the need for security guards at a daytime birthday party or wedding
reception is quite different from nightclub activity where alcoholic beverages are being
served. The second issue is the parking that continues to be a big issue for La Terraza
restaurant. He said the requirements would put La Terraza into immediate non-
compliance with the Live Entertainment Permit.
The City Attorney advised that with respect to the distance and parking requirements, it
was the City's intent that those requirements apply only to new permits not to existing
permit holders or their renewal applications. There is a definition in the ordinance when
a permit application would be deemed to be a new permit.
Mr. Graham expressed concern about the language which would probably be better
stated as one parking space for every two persons based upon maximum occupancy of
the public area to be used for the live entertainment.
Mr. Garvey asked if the grandfather clauses were transferable. The City Attorney clarified
that the ordinance specifies some criteria so a permit held by an establishment cannot be
directly transferred automatically, but under certain circumstances it could be
transferred.
Mayor Jones closed the public hearing.
Councilmember Carroll asked that the five permitees that have not responded to the
proposed ordinance be reminded to respond within a certain time. The City Attorney
will send a follow-up letter.
CITY COUNCIL MINUTES March 23, 1998
It was moved by Councilmember Carroll and seconded by Councilmember Jones to direct
staff to send a follow up letter to those five business owners who have not responded
and to draft the final ordinance. Councilmember Keenan asked if it were possible to
address a daytime vs. a nighttime use with parklng prohibitions. The City Attorney
replied that the general parameter of the law ls that content, neutral time, place and
manner regulations are within the purview of the public agency. Whether a distinction
can be made be~veen live entertainment provided during daylight hours and live
entertainment provided after dark, would require his review.
Responding to Councilmember Bowman, the Recreation and Park Director answered that
they do not make a distinction between daytime and nighttime activities as far as the
amount of security required.
The motion unanimously carrled by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
RECESS: Mayor Jones recessed the meeting at 9:55 p.m. and reconvened the meeting at
10:10 p.m. with all Councilmembers present.
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 97-32 AND VARIANCE
NO. 97-10, TELECOMMUNICATIONS ANTENNA FACILITY, LOCATED AT 8911 WATSON STREET,
CYPRESS: Mayor Jones reopened the public hearing. The Community Development
Director presented the staff report and advised that a communication was received for
the original hearing on March 11 from Paula Masamino requesting that the
communication tower not be installed. Subsequent to the February 23, 1998 hearing, and
phone conversations that planning staff had with Ms. Masamino and the updated staff
report. MS. Masamlno indicated that she didn't see any problems but would call back if
there were issues. At the February 23, 1998 meeting, the applicant requested additional
time to consider Condition No. 34. This condition pertained to a waiver of relocation
benefits for the antenna facility proposed to be located within the Lincoln Avenue
Redevelopment Project area. Additionally, the Council requested that further
information and exhibits be provided regarding other antenna design options and the
visibility of the proposed monopole antenna structure from residential zones located in
the immediate vicinity. Upon review of the photo exhibits showing the monopalm-type
design alternative, staff found the monopalm antenna to be preferable to the originally
proposed standard monopole design. The analysis presented further supports approval
of the proposed project, with design revisions.
The applicant, Ms. Barbara Saito, representing Nextel Communications, Inc., 17275 Derian
Avenue, Irvine, showed the Council a board with the areas meeting the current
regulations on the placement of a monopole and that maintain the 300 foot setback. She
a~empted to find the statutory time limits for notification under condemnation;
however, that is information that is available. She had brought a radio frequency
engineer to answer any questions.
Responding to Councilmember Carroll, Ms. Saito replied that she no longer had an
objection to Condition No. 34. She did receive an attorney's opinion letter basically
advising that Nextel was waiving their right to relocation monies, which was acceptable
as were the other conditions as written. Ms. Saito answered questions from the Council.
NO one wished to speak in support of or in opposition to the project. Mayor Jones closed
the public hearing.
Councilmember Keenan said he liked the effect of the palm tree and appreciated Nextel's
concession to a monopalm. Communications facilities are part of the future.
It was moved by Councilmember Carroll and seconded by Councilmember Piercy to:
la. AdOpt a finding of de Minimis Impact, approve the Negative Declaration and direct
staff to file a Notice of Determination and de Minimis Impact Exemption; and
lb. Adopt the Resolutions by title only, titles as follow, approving Conditional Use
Permit NO. 97-32 and Variance No. 97-10, subject to conditions; and
lc. Direct staff to return with policy regarding a threshold for determining if an
antenna creates proliferation within an area, with lc being exclusive of la. and lb.
10
CITY COUNCIL MINUTES March 23, 1998
RESOLUTION NO. 4921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 97-32 - WITH CONDITIONS.
RESOLUTION NO. 4922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A VARIANCE
FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTIONS
11.2.B.9. AND 13.4-5.E. TO ALLOW AN ANTENNA SYSTEM TO EXCEED THE 35-FOOT
HEIGHT LIMIT IN THE ML-10,000 INDUSTRIAL LIGHT ZONE - VARIANCE NO. 97-10.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
CONTINUATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 98-1, REQUEST TO
CONSTRUCT A SPECULATIVE OFFICE/MANUFACTURING/DISTRIBUTION BUILDING, LOCATED AT
11331 VALLEY VIEW STREET: The public hearing was reopened by the Mayor. The City
Manager asked the City Planner to present the staff report which indicated this item was
continued from the March 9, 1998 City Council meeting. The application represented a
request by the Warland Investments Company to construct a 90,350 square foot
speculative office/manufacturing/distribution building consisting of approximately 25,000
square feet of office area, 25,000 square feet of manufacturing area and approximately
40,350 square feet of warehouse and distribution area. The building will be located at
11331 Valley view Street within Planning Area I of the PC-4 Planned Community Business
Park Zone. In accordance with the requirements of the California Environmental Quality
Act (CEQA), an Initial Study/Environmental Checklist and Mitigated Negative Declaration
have been prepared for this development. The proposed development meets the
development standards as set forth in the Warland/Cypress Business Center Specific Plan
and the Cypress Zoning Code and is consistent with the Warland Development
Agreement. The City did commission a traffic study to determine potential traffic related
impacts and it was concluded that anticipated traffic levels generated by the
development would be within the limits addressed by the Warland/Cypress Business
Center Specific Plan EIR, the Cypress General Plan EIR, the Warland Development
Agreement and the conformity analysis. As part of the Initial Study for this development,
the impact on public services were evaluated and it has been determined that the
development will not significantly impact the ability of either the Orange County Fire
Authority or the Cypress Police Department to provide service to the residents of the
community. An Environmental Checklist/Initial Study was prepared and concluded that,
with the incorporation of applicable mitigation measures, the proposed development
would not result in a significant impact on the environment. 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 received two letters from David and
Victoria Conde and a phone call from Mrs. Decker regarding potential concerns resulting
from the developmenL. The applicant and their architect met with Mr. And Mrs. Decker
to discuss the various issues regarding the development and as a result of that meeting,
have resolved the concerns expressed by them. Upon the continuation of the public
hearing, property owners within 300 feet were renoriced.
Mr. Glen Lajoie, Senior Project Manager with Robert Bein William Frost and Associates,
cited his credentials. He reported that the City has fully complied with the California
Environmental Quality Act and the City's environmental review guidelines for this project.
He then answered questions from the Council.
Mr. Steve Sasaki, WPA Traffic Engineering, also provided this credentials. He responded to
Councilmember Keenan's question on fees serving as traffic mitigation measures.
Specifically for this area, there was a certain amount of traffic related to the
development that was assumed to occur and fees were set based on that amount of
development and traffic in order to maintain an adequate road system.
The City Planner provided a noise study for the record, which is on file in the City Clerk's
Office. She briefly outlined the test that is required under State law. State law does
guide cities to rely upon previous environmental documents rather than recreating them
each time. Specifically, the law directs that the local agency determine if one of three
things has occurred in order to justify or necessitate producing another EIR as opposed to
mitigated negative declaration. Based upon the analysis, there was no justification to
require a new EIR.
11
CITY COUNCIL MINUTES March 23, 1998
Mr. John Law, Co-managing Director of Warland Investments, said that the California
economy has improved and the Business Park is now resuming its growth, attracting new
business and new revenue. All analysis of the proposed building Indicate that it is well
within the limits anticipated by the General Plan and is essentially a research and
technology building. It provides room for light Industrial, office and warehouse space.
The building is designed in an L-shape so the four truck doors can be adequately and
thoroughly screened from Valley view and the neighbors. He explained their high
standard of operation in the Business Park.
Councilmember Carroll remarked that it was the job of the City Council to seek strategies
that make Cypress an attractive place for business now and in the future.
Mr. Carl Robertson, Co-managing Director of Warland Investments, said they have been
involved with the Cypress Business Park and Cypress community for 25 to 30 years. The
key things that make this a strong community are: a sound City government, excellent
staff, a strong background of community service organizations, churches and schools. He
responded to a concerned resident across the street from the proposed structure and he
presented a letter in response to the Conde's letter which is on file in the City Clerk's
office.
Responding to Councilmember Keenan, Mr. Law answered that this is not a
warehouse/distribution building. There are two primary kinds of uses for this building,
corporate headquarters use with some research or light assembly component associated
with it. The other model might be a sales and service center.
Mayor Jones asked if anyone wished to speak in favor of the application. No one spoke.
The Mayor asked If anyone wished to speak in opposition to the project.
DUe tO the lateness of the hour, it was moved by Councilmember Keenan and seconded
by Councilmember Carroll to continue the City Council meeting past the hour of 11:30
p.m. The motion carried unanimously with the following roll call vote:
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
Continuing with the public hearing, Mr. David Conde, 11301 Anegada Street, Cypress read
the letter that had been sent to the City into the record, a copy of which is on file in the
City Clerk's office. He asked some questions about the noise levels, the areas the traffic
studies cover, the parking lot lighting, opening of Holder Street, on-street parking of
trucks servicing Shaw and he wasn't sure all of the negatives had been addressed.
In response to Mr. Conde's questions, the Community Development Director read into the
record a description on when decibels are combined. "Very often situations occur in
which there is more than one source of noise contributing to the total noise level at a
particular location. For example, there may be noise from two roadways impacting a site
or perhaps a new noise source is being planned in an already noisy environment. Because
sound levels have logarithmic units known as the decibel, the sound levels cannot be
added or subtracted algebraically. The procedure for combining two sound levels is to
first convert the sound levels to square pressures, then add or subtract the square
pressures as required by the situation and then convert back to sound levels. For
example, two sound levels of 70 decibels and 70 decibels yield a total sound level of 73
decibels, not 140 decibels.' There was also a chart with the report. There were two
environmental impact reports referenced. The more recent one is 1993, not early 1980s
which also analyzed noise, traffic, regional Issues of traffic and buildout.
The Public Works Director addressed the cumulative effects of traffic. In 1983, a traffic
count was taken of the entire City as a baseline for General Plan buildout. Each time a
project comes forward, the traffic totals are considered and the question is asked if they
are within the assumed traffic limits that were arrived at in 1993. The City is still within
the occurrences at General Plan buildout. The total is being looked at with each new
development and the City is not at its peak.
Responding to the question on mixed land uses, the Community Development Director
referred to and read paragraph 3, page 3 of the staff report.
Mr. Don Wesling, 11431 Anegada Street, Cypress, referred to the article in the Register
concerning the worst intersections in Orange County and Katella and Valley View as being
one of those intersections. The traffic flow is bad. For the record, he challenged the
Negative Declaration on this project. He mentioned the aircraft flying over the Business
Park from the Los Alamitos Air Base and the possibility of a crash into Shaw Industries
warehouse with all its toxic materials. He also mentioned the high noise levels, the
12
CITY COUNCIL MINUTES March 23, 1998
situation in the Business Park has devalued their properties, and liquefaction. All the
neighbors asked for was a legitimate EIR study on that area.
MS. Kathy Sirecox asked what kind of sign would be on the proposed building and
expressed her concern about traffic. Every day there are trucks parked on Warland Drive
and the parking restrictions need to be enforced. Valley View is not a safe street and she
believed the traffic issue was a serious one. It was a failure of the City because they
continually hired the same people to perform the traffic studies.
The Acting Police Chief said he would be advising the night Watch Commander to
conduct patrol activities on Warland Drive for violators.
The Public Works Director responded to the general safety on Valley View Street, which is
usually related to the number of accidents. The number of accidents were monitored
and were no greater or worse than on a typical street located anywhere else in the
community. They do not consider Valley View a dangerous road.
Responding to questions from Councilmembers, the Public Works Director replied that
signal timing was being considered along with an additional north bound left turn, and
north bound right turn on Valley View, and a west bound right turn lane on Katella
Avenue to improve the intersection.
The Community Development Director advised that a copy of the 1993 EIR could be
obtained from the Community Development Department. She explained that unless
certain situations exist, the prior EIR is to be used as the primary environmental
document and no new EIR is tO be prepared.
Councilmember Bowman asked if the article on the intersection of Valley View and Katella
was valid and the Public Worl<s Director advised that is one of the busiest intersections in
Orange County. The OCTA used the wrong figures to determine that level of service for
that intersection, and is not one of the top ten impacted in Orange County.
Mr. Brian Black, 11382 Anegada Street, Cypress, mentioned limiting the hours of operation
from 8 a.m. to 6 p.m. and assure that there are no 24 hour operations. He asked if there
were any penalties when trucks enter from Valley View Street rather than Katella Avenue.
He asked that a "No Left Turn" sign be placed at the light at Valley View. He appreciated
the "L~ design of the building and the fact that truck traffic will be coming in off of
Katella Avenue.
Mayor Jones responded to Mr. Black's suggestions on hours of operation and penalties for
entering Warland off of Valley View. The Public Works Director advised that they cannot
prohibit left turns off of Valley View because it is a truck route.
Mr. John Law commended the staff on describing traffic, lighting, the EIR situation and
the trucks traffic. He said there are four truck doors on the building and it is believed
that the building will screen the residents across the street from the light impacts.
However, he suggested an additional condition 93 and they will install pole lighting that is
down drafted so it won't shine on the neighbors.
Mayor Jones closed the public hearing.
Councilmember Bowman commented on the study of the opening of Holder Street and
asked the Public Works Director to share the results. The Public Works Director said that
the study is on-going and staff will take the preliminary results to the Traffic Commission
next month, then to the Council.
Councilmember Keenan referred to the Warland Investment letter to the Condes and said
that the Specific Plan is a guideline.
It was moved by Mayor Jones and seconded by Councilmember Piercy to adopt the
Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with
the requirements of the California Environmental Quality Act (CEQA); and adopt the
Resolution by title only, title as follows, approving Conditional Use Permit No. 98-1,
subject to conditions, as amended.
RESOLUTION NO. 4923
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL
USE PERMIT NO. 98-1 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
13
CITY COUNCIL MINUTES March 23, 1998
AYES: 5 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: 0 COUNCILMEMBERS:
Bowman, Carroll, Keenan, Piercy and Jones
None
None
NEW BUSINESS
PUBLIC NOTICE REGARDING UNION PACIFIC RAILROAD RIGHT-OF-WAY: The City Manager asked
the Public Works Director to review the staff report to which a letter was attached that
the Mayor had requested be drafted for her signature advising property owners about
the current and proposed operational changes for the two Union Pacific railroad lines
that run through Cypress.
Mayor Jones had suggested that a one page letter be sent to all residents that back onto
the railroad tracks and the name of a contact person at the railroad that residents could
write to.
Councilmember Carroll suggested the City look at the property for its use in one parcel
rather than chopping It up.
The Community Development Director advised that this property is zoned Public/Semi-
Public which is the zone that is restricted to a vote of the people to be changed.
The City Manager said the first consideration was the abandonment and the disposition
of the property. In the interim, the letter will be corrected as to what is occurring and
how interested people can contact the railroad and the public utilities commission.
Councilmember Bowman suggested that a map be attached to the letter outlining the
routes.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan to
rewrite the letter, as amended, and authorize the Mayor to sign. 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
AUTHORIZATION TO JOIN THE CITY OF BREA IN AN APPLICATION FOR A COPS MORE GRANT FOR
MOBILE DATA COMPUTERS FOR POLICE VEHICLES: There was a request from staff to continue
this item. Hearing no objection, Mayor Jones continued this item to the City Council
meeting of April 13, 1998.
APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 30856 - 31096: It was moved
by Councilmember Carroll and seconded by Mayor Jones to approve the Warrants No.
30856- 31096 in the amount of $1,427,504.02. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Keenan, Pierc¥ and Jones.
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Government Board of Directors.
CYPRESS REDEVELOPMENT AGENCY MATTTERS: The Cypress City Council Acting as the
Cypress Redevelopment Agency.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda.
Mayor Jones said that she received a call from a citizen regarding the advertising
billboards along Lincoln Avenue and asked if it were possible to reduce their height over
time. The Community Development Director advised that staff will review billboard
regulations and return to Council. She also asked staff if there was a requirement to
maintain the billboards.
The Mayor mentioned the highly reflective lighting at various locations throughout the
City and asked staff to review any standards on illumination.
Responding to Mayor Jones, the Acting Police Chief advised that the Cypress Police
Department does not use juveniles in undercover work. On the enforcement of the no-
smoking ban in bars, the City Attorney said that the authority that is going to enforce the
ban needs to be designated by resolution.
14
CITY COUNCIL MINUTES March 23, 1998
Councilmember Keenan asked if there was a method of fee capturing for an excess
number of police calls to a facility. The City Attorney replied that there is such a
mechanism but it requires an attendant conviction. It is doable, but cumbersome.
Councilmember Carroll felt that it was the Council's responsibility to review some of the
police policies. Referring to the ban on smoking in bars, he felt that it might be well to
wait until the state law is ultimately decided.
ADJOURNMENT: Mayor Jones adjourned the meeting at 12:30 a.m. to 6:00 p.m., March 30,
1998 in the Senior Citizens Center Conference Room.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
15