Minutes 2000-03-13CITY COUNCIL MEETING - MARCH 13, 2000
INDEX
PAGE
CIVIL DEFENSE
AdOpt Reso. Appvng. Emerg. Oper. Plan
CONDITIONAL USE PERMITS
Cont. C.U.P. 2000-01 - Req. to Estab. Martial Arts Studio @ 10602 Walker St.
Cont. C.U.P. 80-10- Amd. Re Hrs. of Operation for Truck Stor./Maint. Op. @
4600-4614 Lincoln Ave.
DESIGN REVIEW COMMITTEE
Adopt eso. AppV. DRC NO. 2000-06 - Estab. Shared Pkng. @ 6251 Katella Ave.
and 10803 Hope St.
FINANCE
AppV. Cornre. Warrant Nos. 42162-42372
Adopt Reso. Re Adoption of Strut. Of Investment POliCV
HOUSING & COMM. DEVELOPMENT
Adopt Reso. Appvng. City Partic. In 2000 MCC Prog.
NONCONFORMING USE HEARING BOARD
Appoint. Randall Longwith as New Boardmember
ORGANIZATIONS
Req. for 2000 Cinco de MaVo Fee Waiver from CVpress HS Athlet. Boosters
PROCLAMATIONS
April 24, 2000 - "Arbor DaV"
March 26 - April 1, 2000 - "save Your Vision Week"
ZONING-MISC.
DenV Req. to Allow Addtn. of Outdoor/Tented Easter Svc. Subj. to Temp. Use/
Spec. Entertainment Permits
ZONING ORDINANCE
Adopt Ord. Amdng. Zoning Code to Prohlb. Infiat./Aefial Signage
3
5-6
6-10
3
5
5
4-5
4
3
3
10
4
MINUTES OF A REGULAR MEETING OF
THE CYPRESS CITY COUNCIL
HELD
MARCH 13, 2000
A regular meeting of the City of Cypress City Council was called to order at 5:02
p.m. by Mayor PiercV in the Board Room, West Wing of City Hall, 5275 Orange Street,
Cypress, California.
PRESENT: councilmembers Keenan, MCCoy, Mayor Pro Tem MCGill and Mayor Piercy.
ABSENT: Councilmember Sondhi
Also present were Interim City Manager Storey, City Attorney Wynder, and
staffmembers LiU, Sinn, Angus, Hensley, DeCarlo, Vasquez and DaviS.
WORKSHOP/CLOSED SESSION:
A Workshop Session Was held with the City Council, at which time staff provided a
review of projects tentatively scheduled for inclusion in the 2000-07 Capital Improvement
Program.
COUNCILMEMBER SONDHI ARRIVED AT 5:07 P.M.
Mr. Jeff Slnn, Public Works Director, made the presentation regarding the Capital
improvement Program. Mr. Sinn related that portions of the City, Recreation & Park
DiStriCt and Redevelopment Agency budgets are devoted each year to projects Which
maintain, as well as enhance, the City's infrastructure. The City's seven-year Capital
Improvement program is modeled to identify all facility upgrades, new construction and
maintenance of infrastructure and the funding sources for these areas, so that the City
will have a financial plan adequate for those needs.
Projects included in the Capital Improvement Program were selected based upon
funding sources and a priority ranking system, as follows: projects affecting public health
and safety issues were given the highest ranking; those maintaining existing facilities and
infrastructure were given a medium priority, and those adding new or modification of
existing facilities and infrastructure were designated the lowest priority.
Staff was seeking City Council input regarding the projects selected for
construction during fiscal year 2000-01. In addition, staff Was requesting direction from
the City Council regarding the proposed construction in the existing parking structure of
a Police Department Firing Range and Training ROOm.
A very preliminary list of Capital Improvement Projects submitted was distributed
to the Councilmembers bv Contracts/Environmental Affairs Manager Gonzalo Vasquez.
The city Council reviewed the listings, and assigned initial priority rankings to each,
ranging from High - Medium - Low categories. The City Council requested that a
workshop be scheduled to consider the Police Department's request for parking garage
conversion to range and training room.
Because of tlme constraints, and because the project is not due until much later in
the year, it was decided to reschedule the Council's review of the Tentative Project LiSt
for Year 27 Community Development Black Grant (CDBG) Application during the summer
of 2000.
7:00 P.M. SESSION:
PRESENT:
Mayor Piercy.
Councilmembers Keenan, MCCOV, Sondhi, Mayor Pro Tern McGill,
Also present were Interim City Manager Storey, City Attorney Wynder, and
staffmembers Angus, Sinn, Liu, Hensley and DeCarlo.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance Was led by Councilmember McCoy.
INVOCATION: The invocation was given by Assistant Pastor Jerry Schumard, Cypress
Baptist Church.
CITY COUNCIL MEETING MARCH 13, 2000
PRESENTATIONS:
Mayor PiercV announced that due to a scheduling conflict, the Mayor's
Proclamation scheduled to be awarded that evening to Susie Linde would be conferred
upon her at the next regular meeting of the city Council on March 27, 2000.
REPORT OF CLOSED SESSIONNVORKSHOP AGENDA:
Interim CIty Manager Storey reported on the Workshop which had been held with
the CIty Council earlier in the evening. At that time, staff presentations to the Council
were made regarding the 2000-07 Capital Improvement Program. The Council reviewed
the tentative list of projects, and assigned high, medium and low priority values to each
project listed.
A Tentative Project List developed by the staff for the Council's consideration
addressing the Clty's 27th year of participation In the Community Development Block
Grant program, which had originally been scheduled for the council's Workshop Session,
was deferred to the summer of 2000.
City Attorney Wynder reported that during a Closed Session with the City Council,
discussion had taken place regarding a Conference with Labor Negotiator (CaLGovt. Code§
54957.6), Agency negotiator - RiChard Storey; employee organization - Cypress Police
Officers Association. At that time, a status report was presented for the Council's
consideration; no action was requested or taken by the City Council.
ORAL COMMUNICATIONS:
SPEAKER, SPEAKING ONCE.)
LIMITED TO ONE-HALF HOUR.
(THREE MINUTES PER
Mayor Piercy opened the Oral Communications session, and asked that anyone
wishing to speak on a topic not included on the meeting agenda come forward.
Linda Metzldis and her assistant, Bridget Wolfe, approached the podlure. Ms.
Metzidis presented the Councilmembers with free tickets to the Chorale and Orchestra
Performance of "BaCh tO the Future", featuring the works of Johann Sebastian Bach at
Cypress College Campus Theatre on March 25, 2000, at 7:30 p.m. Ms. Metzldls extended an
invitation to the community to attend, and noted that adult admission is $12.00 per
person. A performance will also be held on Sunday, March 26, 2000, at 3:00 p.m.
Councilmember McCoy reported that he had been selected by his employer, the
Long Beach Police Department, to attend the 201st Session of the FBI National Academy In
Quantico, Virginia. Only one-half of one percent of all officers nationwide are provided
with the opportunity to attend this academy. Councilmember MCCOy said the training he
will receive there will not only benefit his employment skills, but Will enhance his
performance as a Council representative. He said that he will be flying back to Cypress to
attend as many City Council meetings as possible While attending the Academy during the
months of April to June.
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 Keenan requested that Item NO. 9 be pulled from the Consent
Calendar.
A motion was made by Councilmember MCCOy and seconded by Councilmember
MCGill to approve Items 1 through 8 of the Consent Calendar. The motion Was carried bY
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Keenan, MCCOV, Sondhi, MCGilI, Piercy
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item NO. 1. Approval of City Council Minutes of the Adiourned Regular Meetings
of February 15, 2000, and February 17. 2000, the Regular Meeting of February 28, 2000,
and the AdjOUrned Regular Meeting of March 6, 2000.
Recommendation: That the City Council approve the Minutes of the Adjourned
Regular Meetings of February 15, 2000, and February 17, 2000, the Regular Meeting of
February 28, 2000, and the Adjourned Regular Meeting of March 6, 2000, as submitted,
2
CITY COUNCIL MEETING MARCH 13, 2000
with Councilmembers Keenan and MCCOy abstaining on the February 15, 2000, Minutes
due to their absences from the meeting.
Item No. 2. Motion to Introduce and/or Adopt All Ordinances and Resolutions
Presented for Consideration by Title Only and to Waive Further Reading.
Item NO. 3. Proclaiming April 24, 2000, as "Arbor Day" in the City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim April 24,
2000, as "Arbor Day" in the City of Cypress.
Item No. 4. Approval of Design Review Committee Permit NO. 2000-06, Request
to Establish a Shared Parking Agreement between the Properties Located at 6251 Katella
Avenue and 10803 Hope Street.
Recommendation: That the City Council adopt the Resolution by title only, title
as follows, approving Design Review Committee Permit NO. 2000-06, with conditions:
Resolution NO. 5212
A Resolution of the City Council of the City of Cypress
Approvlng Design Review Committee Permit No. 2000-06,
With Conditions
Item No. 5. Adoption of a Resolution Approving the Revised Emergency
Operations Plan.
Recommendation: That the City Council receive the revised plan and adopt the
Resolution by title only, title as follows, approvlng the City of Cypress Emergency
Operations Plan:
Resolution NO. 5213
A Resolution of the City Council of the City of Cypress
AdOpting an Emergency Operations Plan for Said City
Item No. 6. Adoption of a Resolution Approvin.q the CitV's Participation in the
County-Administered 2000 Mortgage Credit Certificate (MCC) Program.
Recommendation: Staff recommends that the City Council adopt the Resolution
by title only, title as follows, continuing the Clty's participation In the Mortgage Credit
Certificate (MCC) Program:
Resolution No. 5214
A Resolution of the City Council of the City of Cypress
Approving the City's Participation in the Mortgage Credit Certificate
(MCC) Program in Cooperation with the City of Orange
Item NO. 7. Proclaiming March 26 - April 1, 2000, as "Save Your Vision Week" in the
City of Cypress.
Recommendation: That the Mayor and City Council officially proclaim March 26 -
April 1, 2000, as "Save Your Vision Week" in the City of Cypress.
Item NO. 8. Adoption of Statement of Investment Policy.
Recommendation: That the City Council, and acting as the ex officio governing
board of directors of the Cypress Recreation and Park DiStriCt, adopt the Statement of
Investment Pollcy Resolution bV title only, title as follows:
ReSOlUtiOn NO. 5215
A Resolution of the City Council of the City of Cypress
and ACting as the Ex Officio Governing Board of Directors
of the cypress Recreation and Park DiStriCt, a Subsidiary District
of the City of Cypress, AdOpting the Annual Statement of Investment Policy
Recreation and Park DiStriCt Matters:
CITY COUNCIL MEETING MARCH 13, 2000
Item NO. 9. Request for Waiver of Fees from Cypress High School Athletic
Boosters for 2000 Clnco de Mayo celebration (5/6/00).
Councilmember Keenan requested that this item be pulled from the Consent
Calendar. He noted that approximately $2,800 of in-kind services were being donated by
the City for this event, in addition to an additional $1,600 in employee overtime. While
he was not opposed to supporting this event, he noted that it was a fundraiser.
Councilmember Keenan had observed lax admission donation procedures previously, and
insisted that when a fundraiser is held, the admission donation must be firmly enforced.
This was especially applicable in that the City was contributing so much to support the
effort.
DiSCUSSiOn followed in which the Council expressed their backing of these events;
and it was noted that matters should be clarified when the new non-profit contribution
policy was implemented.
A motion was made by Councilmember Sondhi, seconded by Mayor Pro Tern McGili,
and carried by the following roll call vote that the City council, acting as the ex officio
governing Board of Directors for the Cypress Recreation and Park DiStriCt, approve the
request for waiver of fees from Cypress High School Athletic Boosters for 2000 Cinco de
Mayo Celebration (5/6/00):
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, MCGtlI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ORDINANCES (Second Reading):
10. An Ordinance of the City COunCIl of the City of Cypress, California,
Amending Section 29 of the Cypress Zoning Ordinance, Regarding Aerial and Inflatable
Signs and Displays.
Mayor PlercV asked for staff's recommendation regarding this item. Interim City
Manager Storey advlsed that It was staff's recommendation that the city Council approve
the Second Reading of this Ordinance amendment Section 29 of the Cypress Zoning
Ordinance.
A motion was made by Councilmember Keenan and seconded by Councilmember
McCoy to adopt the Ordinance bV title only, title as follows, amending Section 29 of the
Cypress Zoning Ordinance regarding aerial and inflatable signs and displays:
Ordinance NO. 999
An Ordinance of the City Council of the City of Cypress, California,
Amending Section 29 of the Cypress Zoning Ordinance, Regarding
Aerial and Inflatable Signs and DiSplays
The motion was carried by the following roll call Vote:
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, McGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
FOllOWIng approval of this item, it was not yet time to open the Public Hearings, so
the Council proceeded to consider Items 13 and 15.
DEFERRED BUSINESS:
13. Appointment of New Member to the Non-Conforming Use Hearing Board.
Alice Angus, Community Development Director, provided the staff report for this
item. MrS. AngUS reminded the Council that during its meeting held on December 13,
1999, staff had been directed by Council to solicit applications for a vacant position on
the city's Nonconforming Use Hearing Board.
Staff advertised for applicants using the News Enterprise, The Los Angeles Times,
and Cypress TV channel 36. Staff received an additional two applications for the position
as a result of this recruitment, bringing the total number of applications for the position
to four (4). The applicants were: (1) Philip Luebben, (2) Bill Fifleld, (3) Bill WOOdSOn; and (4)
Randall Longwith.
4
CITY COUNCIL MEETING MARCH 13, 2000
MrS. Angus advised staff's recommendation was that the Cypress City Council
appoint a new member to the Nonconforming Use Hearing Board from the four
applicants.
FOllOwing the staff presentation, Mayor Pieroy announced that, after careful
consideration, the City council had decided to appoint Randall Longwith as the new
member of the Non-Conforming Use Hearing Board.
A motion was made by Councilmember Keenan, seconded by Councilmember
MCCOy, and carried by the following roll call vote that Randall Longwith be appointed to
the Nonconforming Use Hearing Board of the City of Cypress:
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhl, McGill, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
15. Approval of Commercial Warrant List for Warrant NOS. 42162-42372.
A motion was made by Councilmember Keenan, seconded by Councilmember
MCCOy and carried by the following roll call vote (with Councilmember Keenan abstaining
on Warrant Nos. 42186, 42187 and 42188) to approve the City of Cypress Commercial
Warrant LiSt for Warrant Nos. 42162-42372 In the amount of $817,181.97.
AYES: 5 COUNCILMEMBERS: Keenan, MCCOy, Sondhi, MCGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS:
After consideration of the above two items, the Mayor recessed the meeting at
7:24 p.m. The meeting was reconvened at 7:32 p.m.
PUBLIC HEARINGS: 7:30 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER
SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL.)
11. Public Hearing Regarding Conditional Use Permit NO. 2000-01. Request to
Establish a Martial Arts Studio at 10602 Walker Street, in the BP Business Park Zone.
Alice Angus, Community Development Director, presented staff's report on this
item.
Mrs. Angus reported that the application was submitted by Mr. lan Ku Kang, who
plans to establish a martial arts studio within an existing industrial lease space at 10602
Walker Street in the BP Business Park Zone.
Currently, Mr. Kang operates his vitamin coating business, Vitacoat, in 2,085 square
feet of the building space. His proposal is to open the martial arts studio in the
remaining 3,838 Square feet of that building. The proposed hours for the use will be
Monday through Friday from 5:30 p.m. to 9:30 p.m. If demand increases in the future,
Saturday classes may be added.
In October of 1999, the CIty Council determined that the martial arts studio use
would be consistent with the requirements of the BP Business Park Zone, in response to a
zoning determination request submitted by Mr. Kang.
TO avoid negative parking impacts on surrounding uses, staff's recommendation
was that class enrollment be limited to 25. Staff has reviewed the proposed use, found it
to be compatible with the surrounding uses and zoning, and is recommending that the
City Council approve Conditional Use Permit No. 2000-01, subject to the conditions of
approval.
FOllOwing the Community Development Director's presentation, Mayor Piercy
opened the public hearing, and Invited anyone wishing to speak on behalf of the project
to come forward.
Mr. lan Kang approached the podlure with his spokesperson, Mr. Alan McKay. Mr.
McKay explained that whlle Mr. Kang had a very good command of English, he was mo~e
comfortable having someone speak on his behalf in this type of setting.
Mr. McKay presented copies of parking releases from adjacent property owners as
well as photographs of Progress Way. He Said that the neighboring businesses agreed to
provide 13 additional parking spaces for the proposed use, provided those spaces are
5
CITY COUNCIL MEETING MARCH 13, 2000
utilized on weekends and in the evenings. Mr. McKay said there was more than adequate
street parking on Progress Way, which runs behind the building.
He requested clarifications on the Conditions of Approval as follows:
condition NO. 9 limits the hours of operation Monday through Friday, but is silent
on the allowable weekend hours. Secondly, Condition No. 11 flatly prohibits any
tournaments. The applicant was requesting that perhaps some weekend tournaments
could be allowed with a maximum number of attendees designated; e.g., 50 people.
At the conclusion of the appllcant's presentation, no further comments for or
against the project were offered, and the Mayor brought the matter back to the Council
for discussion.
In response to questions posed by the Council, it was determined that staff had no
objections to the street parking, or allowing weekend uses for the project, including
allowing tournaments on Sundays with limited participation to be designated. It was
noted, however, that a formal process had to be followed to permit the shared parking,
which is completed through the City. The shared parking use has to be recorded, and is
maintained In perpetuity for the duration of the use.
FOllOWing these comments, the Mayor closed the public hearing.
During the following discussion, it Was the consensus of the Council that new
business in the City should be given every opportunity to succeed. It was their inclination
to approve the project, with the following provisions In place: (1) tournaments be
allowed once per quarter on Sundays; (2) occupants be limited to 50 people; (3) reciprocal
parking agreements be processed bV the applicant through the CIty; and (4) classes should
be allowed on Saturdays in future. The Council directed that the Conditions of Approval
be amended to reflect those revisions, and that the matter be resubmitted to the
Council at the meeting of Monday, March 27, 2000.
A motion Was made by Councilmember McCoy and seconded by Councilmember
Keenan that the City Council continue Conditional Use Permit No. 2000-01, Request to
EStablish a Martial Arts Studio at 10602 Walker Street, in the BP Business Park Zone until
Monday, MarCh 27, 2000, and directs staff to amend the Conditions of Approval and
prepare reciprocal parking agreements.
The motion Was carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Keenan, MCCoV, Sondhl, McGiII, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
12. Public Hearing Regarding Amendment to Conditional Use Permit NO. 80-10,
Review of Hours of Operations Related to Truck Storage/Maintenance Operations for the
Property Located at 4600-4614 Lincoln Avenue.
Prior to presentation of the staff report, the City Attorney related a
communication he had received that afternoon. Mr. Wynder advised that the legal
counsel for the owner of the property on which the trucking operations are located,
Steven Smith, had contacted him by telephone the previous Friday. The purpose of the
call was to advise that Mr. Smith would attend the City Council meeting this date to
register an objection to the type of notice given regarding the public hearing. It was Mr.
Smith's contention that Improper notice had been effected, in that Roland Spongberg,
designated agent for the Limited Liability Company owning the parcel, had not been
provided with proper notice of the public hearing. Three copies of the public hearing
notice, one for each Assessor's Parcel Number, had been timely mailed to SFL, LLC, which
was listed as property owner for the three parcels within the 300' radius of the project.
Mr. Wynder confirmed that the records of the Secretary of State had been
checked, and it had been verified that ROland Spongberg was listed as the Registered
Agent for the property. After reviewing the provisions of CaI. Govt. Code§ 65091(a)1 (west
Supp.2000), the section of the California Government Code which describes the type of
notice to be given for this type of public hearing, the City Attorney advised that he was
satisfied that appropriate notice had been given by the City. Further, the Government
Code provides that, "Failure of any person or entity to receive notice given pursuant to
this title, or pursuant to the procedures established by a chartered city, shall not
constitute grounds for any court to invalidate the actions of a local agency for Which the
notice was given." CaLGovt. Code§ 65093 (West2000).
6
CITY COUNCIL MEETING MARCH 13, 2000
Mr. Wynder said that the Council may wish to consider the actions suggested by
Mr. Smith; that Is, that the public hearing be allowed, with a special appearance made by
the property owner; continue the public hearing, while in the interim, the parties
involved agree to meet In an attempt to resolve the issues; and allow a report on the
outcome of the workshop at the continued public hearing.
It was the consensus of the council to proceed with the public hearing as
scheduled, and Mayor Piercy requested the presentation of staff's report.
AliCe AngUS, Community Development DIrector, presented the staff report for this
item. Mrs. Angus advised that the amendment was based upon a staff proposal for
revised hours of operation for a truck .storage/maintenance operations use located at
4600-4614 LinCOln Avenue in Cypress.
Mrs. Angus provided a chronological history of the use, beginning in 1969 when
the conditional use permit was originally granted for the establishment of a used truck
sales facility at 4614 Lincoln Avenue. In 1970, the original C.U.P. was amended to include
conditions providing that all testing of motors be done between the hours of 8:00 a.m.
and 6:00 p.m., and requiring all repair work to be completed within a building.
The property was purchased by Mr. LeWiS StOkes, owner of an interstate trucking
operation called "System Reefer Service (SRS)." SRS transported commodities from the
west coast to the eastern coast and Canada. Several amendments to the original
Conditional Use Permit were made, having to do with the hours of operation and
expanding the Operation to include a truck maintenance facility.
System Reefer Service ceased business operations at the site in January of 1998.
The site has been subsequently subleased to the Cypress TruCk Center repair facility and
to numerous independent truck operators.
Numerous complaints have been received from the neighbors over the past year.
These include the loud noise generated by truck engines both early in the morning and
late at night, the parking and/or storage of trailers containing decaying material in the
rear portion of the site and the washing of automotive related fluids from the site into
the city's storm drains. Despite several meetings with the property owner to discuss the
incompatibility with the adjacent residential uses, staff has not been able to resolve the
issue. Mrs. Angus also advised that a noise Study completed was not fully conclusive.
Because of the foregoing, staff is recommending to the City Council amendment
of the hours of operations of Conditional Use Permit NO. 80-10 from 7:00 a.m. to 7:00
p.m., Monday through Saturday, and 8:00 a.m. to 1:00 p.m. on Sundays. The COUnCil
additionally has the options to (1) AllOW the property owner to continue the current uses
with no restrictions on the hours of operation; (2) MOdify the proposed limitation of the
hours of operation as recommended by staff; or (3) Direct staff to prepare the necessary
documentation to revoke Conditional Use Permit NoS. 219 and 80-10.
Following staff's presentation, councilmember Sondhi determined that the hours
of operation of the existing permit related to repair operations. In answer to a second
question, Mrs. Angus informed her that none of the existing similar facilities in Cypress
were as close to a residential development as the one under review.
Mayor PiercV then opened the public hearing.
Carol Doss, Cypress resident, was first to address the Council in favor of modifying
the hours. Mrs. Doss introduced a large group of neighbors in the audience who were
opposed to the project, and she provided a video presentation illustrating the conditions
at the Site upon which their objections were based. Those objections Included: (1) trucks
running at all hours of the day and night, beginning at 4:00 a.m.; (2) generation of noxious
fumes from the truck engines; (3) noise and repairs being conducted out in the open; (4)
repairs and maintenance operations conducted on Saturdays and Sundays; (5) floodlights
and truck headlights disturbing the neighbors; (6) draining of polluted effluent, with
runoff flowing between houses and eventually into storm drains; {7) unsightly appearance
of truck lot in front; and (8) decaying Vegetative material left in truck trailers, resulting in
a nauseating smell in neighborhood.
Next to speak In opposition Was Michael Gwalty, Cypress resident. He said his
house was one bordering the runoff, and he Was concerned about his cats and other
animals being polsoned by the substance.
Speaking against staff's proposal to modify the hours Were the following:
CITY COUNCIL MEETING MARCH 13, 2000
Laura Hunter - said that neighbors were aware a trucking operation was present
when they moved in. Said if the business hours were modified, it would put them out of
business with nowhere to go.
stuart Penman - cypress Truck Center. Said his business always has complied with
the rules, and that he would be the first to report any biohazards present on the
property. Claimed Carol Doss not entirely accurate in her presentation. Said business was
already limited enough, and he didn't feel his business was the target of any complaints.
Maintained his business operated only Monday through Saturday between the hours of
8:00 a.m. and 6:00 p.m., and that no repairs were done on Sundays.
David HOpkinS - owner of truck fleet. Works with recycling companies, and said
some of his jobs require that his trucks be out by 4:00 a.m., and in by 7:00-8:00 p.m. Was
not in favor of any hours limits; claimed it would hurt his business.
Gerald Hopkins - son of truck fleet owner. Said they have made numerous
modifications already as requested by City Code Enforcement Officer Jon Pollard. Was
opposed to any hours limitations.
Lewis Stokes - Cypress resident, and former owner of property. Was opposed to
hours limits. Said truckers have a hard enough time as It is, and only make a 2% profit
margin. In answer to questions posed by Councilmembers, responded that he still had a
financial interest in the yard, as he had sold it to the present owners. Their payments on
the property constituted his retirement Income. AlSO advised that When he had owned
the property, his business dealt with produce and dry goods.
TOm Davison - owner of 24-truck fleet, three of which operate out of the location.
Opposed to limitation of hours. Said he had strong compassion for the homeowners, and
ran his operation with respect for the comfort and convenience of the neighbors.
Referred to copy of rental agreement he was provided with when his operation moved
onto the property; Councilmember Keenan requested copies of this for the Councll's
review. Said rental agreement states that tenants shall enter and exit only. Was told
when he moved in that normal hours of business were 8:00 a.m. to 5:00 p.m., Monday
through Saturday, although access to the yard is available 24 hours a day, seven days a
week. Was also informed no mechanical work to be performed on site, no oil changing
permitted on the property. Said all mechanical and repair work Is performed at other
locations. Also advised that Some of his contracts require that his truck be on the road at
5:00 a.m. Didn't think everyone in the yard should be penalized for the actions of a few
offenders. Suggested meeting to determine who is out of compliance, and methods of
remedying situation. Mayor Piercy verified that although the designated hours were 8:00
a.m. to 5:00 p.m., one of his trucks was leaving much earlier than 8:00 a.m. Mr. Davison
responded that the tenants were advised they had the rights of ingress and egress on a
24-hour basis, as long as they did not become a nuisance.
Steven C. Smith, legal counsel for property owner of truck facility. Maintained that
Community Development Director had not told him what would be presented to Council,
and that he had only seen the notice the previous Friday. He said it was interesting that
Mr. Spongberg, designated agent for the company that owns the property, had left his
card with staff and notified them that he was involved with the project, but that he did
not receive notice of the meeting.
Mr. Smith claimed that noise study was not inconclusive as maintained by staff;
that it did not reveal any violations, and that neighbors had groundless complaints in
regard to dangerous chemicals in water runoff. Mr. Smith said that most of the
complaints registered were unfounded; that only steam cleaning was addressed in the
Conditional Use Permit, and not truck washing.
He claimed that police visited the site, and prohibited a tenant from conducting
his business on Sunday; telling him that it was "against the law to operate on Sunday." Mr.
Smith said he was unable to find such a prohibition in his legal research.
Mr. Smith urged the COUncil to continue the item, to allow his client adequate
time to prepare a response, and provide an opportunity to work out a compromise With
the neighbors. He claimed that when mediation meetings had been held previously, the
neighbors had been asked what could be done to mitigate the problems, and the
neighbors had responded, "Nothing."
Mayor Piercy and the other members of the Council were confused as to why Mr.
Smith had requested a continuance of the matter at the February 28, 2000, City Council
meeting if, as he claims, he did not receive notice of the matter until Friday, March 10,
2000. The City Attorney provided a detailed explanation of the legal definition of "notice"
as defined by the California Government Code. He stated that While a series of
CITY COUNCIL MEETING MARCH 13, 2000
communications had occurred concerning the issue, "it would not be fair" to Say that
notice of the meeting had been given prior to receipt of the Notice of Public Hearing.
Next to speak in opposition to the hours limitation was Roland Spongberg,
designated agent for the company owning the trucking yard. Mr. Spongberg stated he
was not as well prepared as he would have been had he received notice of the meeting
prior to the previous Friday afternoon. He requested continuation of the Item for an
additional two weeks to provide them time to negotiate further with the neighbors, and
to prepare an adequate presentation for the Councll's consideration. Said they had made
multiple efforts to accommodate the neighbors' concerns, but found the neighbors
unwilling to work with them. Related that he had been informed by the Mr. & Mrs. Doss
that "...we'll do whatever we can to shut you down." Maintained that the noise study
revealed that the Ioudest sound on the lot was that of a gate closing. Mr. Spongberg
itemized some of the concessions made and that they were willing to make to Satisfy the
adjacent properW owners.
FOllOwing these comments, the Council had several comments. Councilmember
MCCOV asked who letters had been directed to If not Mr. SpOngberg; the response was
that they were sent to Mr. StOkeS, who was listed as the owner of the property.
The Mayor then closed the public hearing, and returned the matter to the Council
for discussion. Councilmember Keenan observed that the conditions of the original
Conditional Use Permit were "very loose." He noted that all other businesses in Cypress
that operate trucks do so on a 7:00 a.m. to 7:00 p.m. basis. He observed that there was
no 24-hour trucking access allowed adjacent to homes. Councilmember Keenan said he
had been In the yard of one of the neighbors at 9:00 p.m., and had personally noticed a
terrible odor and loud noises emanating from the trucking yard. He registered his anger
and disgust at the situation, noting that the trucking yard was operating as a "poor
neighbor" and noting that something had to be done to resolve the situation quickly.
The Mayor agreed with these opinions, and noted that the council should modify
the C.U.P. She requested again that the Council be provided with a copy of the trucking
yard tenant rental agreement. Mayor Pro Tern MCGIII observed that he had also visited a
neighbor's yard, and had observed radiator fluid from the trucking operation drip into a
drain. He also remarked that the complaints were not the issue under consideration, but
were the catalysts which led to consideration of modification of the hours.
Councilmember Sondhi mentioned her understanding of both sides of the issue.
She questioned whether the modification of hours alone would resolve the problems. In
answer to another question, the communiW Development Director responded that the
site was not large enough to have all the truck operators park adjacent to Lincoln Avenue,
in order to reduce the noise impact.
Councilmember Sondhi asked if the Site had been inspected for adequate drainage
bY a city Engineer, and was told by Jeff Sinn, Public Works Director that it had. He noted
that the drainage had not been executed in the best possible way, but that the property
owner was not relieved of the responsiblllW to ensure that hazardous materials did not
drain off the property, and that repeated violations had occurred at the site.
Councilmember McCoy noted his puzzlement that Mr. Spongberg had received the
City's previous communications, but did not receive the NOtice Of Public Hearing. He
expressed his willingness to continue the matter, in order to allow the properW owners
the opportunity to make an adequate presentation.
During discussion, the consensus of the Council was to allow a continuation of the
matter for 30 days, to be brought back to Council on April 10th. Councilmember Keenan
observed that the site requires an onslte manager to oversee all the operations, and that
the CiW needs to discuss with the properW owners alternative uses for the parcel, such as
the storage of motorhomes.
Councilmember McCoy remarked that the matter needed to be resolved as soon as
possible, as the neighbors have had to put up with this situation for over a year. The City
Attorney cautioned the Council that at this point In time, there was insufficient evidence
in the record to revoke the Conditional Use Permit.
A motion Was made by Councilmember Keenan and seconded by Councilmember
Sondhi that the City Council (1) Continue Amendment to Conditional Use Permit NO. 80-10,
Review of Hours of Operations Related to TruCk Storage/Maintenance Operations for the
Property Located at 4600-4614 Lincoln Avenue to Monday, April 10, 2000; (2) Re-Open the
Public Hearing at that time; and (3) direct the business people associated with the truck
storage/maintenance operations at 4600-4614 Lincoln Avenue and the neighboring
CITY COUNCIL MEETING MARCH 13, 2000
residential property owners to work with staff, and to work together and separately to
develop equitable solutions for the conflicts identified.
The motion was carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Keenan, McCoy, Sondhi, MCGilI, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
NEW BUSINESS:
14. A Zoning Determination to Allow the Addition of an Outdoor/Tented Easter
Service as Use Permitted Subiect to a Temporary Use Permit and Special Entertainment
Permit.
Staff's report for this request was presented by the Community Development
Director, Allce AngUS.
Mrs. Angus reported that Cottonwood Christian Center has filed an application for
a Temporary Use Permit cruP) and Special Entertainment Permit to conduct a single Easter
Service on the morning of April 23, 2000. The service is to be conducted on the land
purchased by Cottonwood In the PBP Planned Business Park Zone. The Cypress Zoning
Code lists uses permitted under the authority of a Temporary Use Permit; special outdoor
tented church services are not among those listed. However, the Code allows the City's
Planning Agency to determine if a proposed use Is similar to permitted uses.
After this request had been received, staff reviewed the list of permitted and
conditionally permitted uses for PBP Zone. Churches are listed as conditionally permitted
uses, and temporary uses are allowed under the Temporary Use Permit provisions of the
Cypress Zoning Code. After review, staff formed the opinion that the requested use
could be deemed similar to corporate events, Which may be scheduled only once per
calendar quarter. As SuCh, staff was recommending that the City Council, acting as the
Planning Agency, find the requested use to be similar to other permitted uses, and direct
staff to process the request as a Temporary Use Permit subject to a Special Entertainment
Permit.
During the discussion which occurred at the close of the staff presentation, the
Councilmembers expressed an unwillingness to approve this use, based upon the
incompatibility of a church use with the current zoning. The Council was Very concerned
with the possibility of "setting a precedent" for future use of the land, which is in a prime
business location of the City.
It was noted that while the Council was not "anti-church", approvlng such a request
could ultimately open the door to the establishment of future religious uses on the
property. Uses of such a nature would not be the highest and best use of the land, and
would result In significant loss of revenue to the City.
A motion was made by Councilmember McCoy, seconded by Councilmember
MCGilI, and carried by the following roll call vote that the City Council deny the request to
allow the addition of an outdoor/tented Easter Service as a use permitted subject to a
Temporary Use Permit and Special Entertainment Permit:
AYES: 5 COUNCILMEMBERS: Keenan, MCCOV, Sondhi, McGill, Piercy
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS:
Governing Board of Directors.
The Cypress City Council, acting as the Ex Officio
There were no matters to consider.
CYPRESS REDEVELOPMENT AGENCY MATTERS:
Cypress Reclevelopment Agency.
The Cypress City Council, Acting as the
There were no matters to consider.
REPORT BY COUNCIL REPRESENTATIVE ON COMMITTEE ASSIGNMENTS:
The Mayor requested the reports from the Council Representatives on their
respective committee assignments.
Councilmember Keenan - Attended StAG Transportation Committee Meeting.
Artended OCTA Committee Meeting; discussed "smart card" options for bus usage; would
10
CITY COUNCIL MEETING MARCH 13, 2000
operate similarly to a debit card. Centerline Workshop scheduled for March 30, to which
all Orange County city councilmembers will be Invited. Went to OCTA Board Meeting
earlier this date; identified "choke points."; received a report on the 57 Freeway "HOT
lane" (High Occupancy Toll lane); staff recommended against
Councilmember Sondhl Artended OCRA Authority Meeting the previous
Wednesday. DisCUSSed results of election regarding Measure F. OCRA will work with the
Board of Supervisors, and encourage them to appoint an ad hoc committee of interested
parties to resolve the concerns.
Mayor Piercy - Artended OC Sanitation District Board Meeting. Discussed bacterial
problems caused by dry weather runoff; planned for future problems. Still need space
for adequate biosolid storage. Artended Spaghetti Dinner and Spring Fling at Senior
Center. Attended meeting with other Councilmembers and Senator ROSS Johnson.
Greeted ten Chinese policysetters who were visiting Various cities in the United States,
ORAL COMMUNICATIONS: FOr Matters not on the Agenda
None.
WRITTEN COMMUNICATIONS: For Matters not on the Agenda
None.
ADJOURNMENT:
AS there was no further business to consider, at 10:28 p.m. Mayor Piercy adjourned
the meeting to Tuesday, March 21, 2000, at 6:30 p.m., for a Joint Meeting of the City
Council and the Youth Commission at the Community Center Arts & Crafts Room, 5700
Orange Avenue, Cypress.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
11