Minutes 95-03-13
364
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COlINCIL
HELD
March 13, 1995
The Regular Meeting of the cypress City Council was called to order at 4:40 p.m.,
Monday, March 13, 1995 In the Administrative Conference Room, City Hall, 5275 orange
Avenue, cypress, Mayor Cecilia L. Age presiding.
PRESENT:
ABSENT:
Council members Bowman, carroll, Jones, Kerry and Age
None
WORKSHOP SESSION: Lincoln Avenue Specific Plan.
The first discussion area was the Lincoln Avenue specific Plan with a slide presentation
on three redevelopment areas of Universal City, Burbank and Pasadena to aid In the
establishment of appropriate design criteria for Lincoln Avenue. Presentations were
made by Consultants patrick Callahan, woody Dyke and Joann Lombardo and after some
discussion, It was felt that a more extensive review Of this particular project was
necessary and a review of additional material will be at the next redevelopment
workshoP.
Mid-Year Budget.
A brief discussion of the mid-year budget was held between the Council and the Finance
Director. projections of expenditures and revenues for the year appeared to be on a
positive flow and future discussions will be held further into the budget process.
RECESS: Mayor Age recessed the Council meeting at 5:30 p.m. and reconvened the
meeting at 5:43 p.m. in the Council Chamber with all Council members present. Also
present were City Manager/City Clerk Darrell Essex, City Attorney John cavanaugh and
staff members Bacock, Christoffels, Kelly, storey and Wicker.
ORAL COMMUNICATIONS: For Matters on the 5:30 P.M. Agenda. NO one wished to speak.
AWARD OF CONTRACTS:
CONSIDERATION OF AWARD OF CONTRACT TO INSTALL A LIGHT ACTIVATED PROGRAM TIMER
FOR THE PUBLIC SPEAKING PODIUM IN THE COUNCIL CHAMBER: The City Manager asked the
Public Works Director to present the staff report dated March 7, 1995, which explained
the timing light system limiting pUblic speakers at City Council meetings. The City's
system will include the three light system located on the Council Chamber pOdium with
a second set of lights adjacent to the Mayor's seat.
It was moved by Council member Bowman and seconded by Council member Jones to:
1. Appropriate $1,255.00 from General Fund balance to Central services, Account No.
4920-90-656-35.
2. Award a contract to Bill's Sound systems, Inc., 3190-C Airport LOOp Drive, costa
Mesa, CA 92626, in the amount of $1,255.00 to install a light activated program
timer for the publiC speaking pOdium In the Council Chamber, In accordance with
their proposal dated February 22,1995.
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: 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.
Council member Jones requested that Items NO. 11 and 17, Structural Repairs to the
Police Department Foundation and Energy Services package be removed; the City
Manager advised that staff would pull Item No. 19, Transfer ReqUest of copley/Colony to
Continental cablevlsion; Councilmember Carroll asked that Items NO.4, 6 and 12,
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365
CITY COUNCIL MINUTES
March 13, 1995
proclamations on "youth service Day", "Take Our Daughters to Work Day" and City
Council support or Opposition of Legislation be pUlled.
It was moved by Council member Bowman and seconded by Councilmember Kerry to
approve the Consent Calendar Items No.2 through 19 with the exception of Items No.4,
6,11,12,17 and 19. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Item NO.2: Motion to Approve City Council Minutes of February 27, 1995.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
February 27, 1995, as submitted.
Item NO.3: Motion to Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title only and to Waive Further Reading.
Item NO.5: Consideration of an Application of Alcoholic Beverage License Transfer Filed
by Rosario Ariza, santos J. & Sylvia castellon, D.B.A. T C spOrts pub, 10461 Dennl street,
Cypress.
Recommendation: Receive and file.
Item NO.7: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Yu-Hai Lee, D.B.A. Gourmet Palace Chinese Restaurant, 61 S1 Ball Road, Cypress.
Recommendation: Receive and file.
Item NO.8: consideration of an Application for Alcoholic Beverage License Transfer Flied
by Young Eun & In Sub Kim, D.B.A. Cypress Market, 5011 Ball Road, Cypress.
Recommendation: Receive and file.
Item NO.9: Consideration of an Application for Alcoholic Beverage License Transfer Filed
by Somklat & Tlpsukol Melsarah, D.B.A. King and I Restaurant, 4453 Cerritos Avenue,
cypress.
Recommendation: Receive and file.
Item NO. 10: Continued Consideration of Mayoral Proclamation of Local Emergency.
Recommendation: That the City Council review the Mayoral proclamation of State of
Local Emergency as originallY effective January 4, 1995, and vote approval to continue
that proclamation in force pending full and complete application for relief from the
Federal Emergency Management Agency.
Item NO. 13: Consideration of Design Review Committee Permit No. 95-8.
Recommendation: That the City Council adopt the Resolution by title only, title as
follows, approving Design Review Committee Permit No. 95-8 - with conditions.
RESOLUTION NO. 4454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-8 - WITH CONDITIONS.
Item NO. 14: Consideration of Acceptance of Improvements and Release of Bonds for
Tract No. 13328, E.R.C. No. 92-27, 8075-8135 Acacia Circle, Cypress.
Recommendation: That the City Council accept the public Improvements for Tract No.
13328 as being satisfactorily completed In accordance with the Plans and Specifications,
and authorize the City Clerk to release the Monumentatlon Bond and the Labor and
Material Bond upon expiration of their required lien period, providing no mechanic liens
are filed, with the performance Bond to be held for one year from the date of
acceptance to guarantee against any defects In material or workmanship.
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CITY COUNCIL MINUTES
March 13, 1995
Item No. 15: Consideration of Acceptance of Improvements and Release of Bonds for
Tract No. 14495, C.U.P. NO. 93-8, 9402 Holder street, Cypress.
Recommendation: That the City Council accept the public Improvements for Tract No.
14495 as being satisfactorily completed In accordance with the Plans and specifications,
and authorize the City Clerk to release the Labor and Material Bond upon expiration of
their required lien period, providing no mechanic liens are filed, with the Performance
Bond to be held for one year from the date of acceptance to guarantee against any
defects in material or workmanship.
Item No. 16: Consideration of Acceptance of Improvements and Release of Bonds for
Tract NO. 14779, C.U.P. NO. 92-18, 8651-8661 Moody street, Cypress.
Recommendation: That the City Council accept the publiC Improvements for Tract NO.
14779 as being satisfactorily completed In accordance with the Plans and specifications,
and authorize the City Clerk to release the Labor and Materials Bond upon expiration of
their required lien period, providing no mechanic liens are flied, with the Performance
Bond to be held for one year from the date of acceptance to guarantee against any
defects in material or workmanship.
Item No. 18: Consideration of Design Review Committee Permit NO. 95-6.
Recommendation: That the City Council adopt the Resolution by title only, title as
fOllows, approving Design Review Committee Permit No. 95-6 - with conditions.
RESOLUTION NO. 4455
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN
REVIEW COMMITTEE PERMIT NO. 95-6 - WITH CONDITIONS.
END OF THE CONSENT CALENDAR
Regarding Item NO.4, Consideration of proclaiming April 25, 1995 as "Youth Service Day,"
Council member Carroll again questioned the purpose of the City Council proclaiming
certain days that have special meanings. He felt It was beyond the scope of City
government to make these proclamations.
It was moved by Councilmember Carroll to deny proclaiming April 25, 1995 as "Youth
Service Day." The motion failed due to the lack of a second.
It was moved by Council member Kerry and seconded by Council member Jones that the
Mayor and City Council officially prOClaim April 25, 1995 as "Youth Service Day" in the City
of Cypress. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age
1 COUNCILMEMBERS: Carroll
o COUNCILMEMBERS: None
In regard to Item NO.6, Consideration of proclaiming April 27, 1995 as "Take Our
Daughters to Work Day," Council member Carroll repeated that this again falls within the
same category as the previous proclamation. He asked the City Attorney to comment
on the liability of the daughters coming onto the work premises. The City Attorney
advised that taking children to work and having them participate In the work would
certainly be a problem and an Issue. Council member Jones stated that this day has
been set aside for a number of years and it would reassure a child to see the parents'
workplace and the opportunity should be recognized by the community.
It was moved by Council member Jones and seconded by Councllmember Kerry that the
Mayor and City Council officially proclaim April 27, 1995 as "Take Our Daughters to Work
Day" in the City of Cypress. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Jones, Kerry and Age
1 COUNCILMEMBERS: Carroll
o COUNCILMEMBERS: None
With regard to Item No. 11, Consideration of Transfer of Funds, Approval of the Plans
and specifications, and Authorization to Advertise the project for Bid for the Structural
Repairs to the Police Department Foundation and Floor Slab, Public Works project No.
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CITY COUNCIL MINUTES
. '"it?
March 13, 1995
9123, Councllmember Jones questioned the fiscal Impact, various accounts and reason
for account transfers. The Public Works Director explained that monies remaining from
the fuel facility modification and the seismic bracing of the fuel tank were general fund
monies to be reallocated for the work on the Pollee Station. It was moved by
CounCil member Jones and seconded by Council member Kerry to:
1. Authorize a transfer of funds, In the amount of $17,000.00, from the Fuel Facility
Modification Account NO. 4186-11-446-24 to Account No. 4186-11-445-24;
2. Authorize a transfer of funds, In the amount of $12,201.00, from the Seismic
Bracing of Propane Tank Account No. 4186-11-439-24 to Account NO. 4186-11-445-
24;
3. Approve the Plans and Specifications for the structural Repairs to the Police
Department Foundation and Floor Slab, Public Works project No. 9123; and
4. Authorize staff to advertise the project for bid.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Regarding Item No. 12, Consideration of Legislation and Other Issues for City Council
support or OPPosition, Council member Bowman referred to the questionable
effectiveness of supporting the U.S. Conference of Mayors' recommendation of
opposition to the elimination of funding for summer youth job training programs. The
Personnel Director explained that the students make minimum wage and assist In
Clerical and maintenance work. Councllmember Bowman suspected that the majority of
the money Is applied to administration and he will oppose this item. Councllmember
Carroll believed that the three Items should be voted on separately because they are
three distinct Subjects. It was moved by Council member Bowman and seconded by
Councllmember Carroll to separate the items and vote on each individually. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
It was moved by Council member Bowman and seconded by Councilmember Carroll to
oppose the U.S. Conference of Mayors' recommendation of opposition to the
elimination of funding for summer youth job training programs. Mayor Age stated that
she would vote against the motion. Councilmember Kerry remarked that she agreed
with the motion. The motion carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carrOll, Jones and Kerry
1 COUNCILMEMBERS: Age
o COUNCILMEMBERS: None
The Personnel Director asked if the Council wished active opposition which would
include writing a letter.
It was moved by Council member Bowman and seconded by Councilmember Kerry to
actively oppose the U.S. Conference of Mayors' recommendation of opposition to the
elimination of funding for summer youth job training programs. The motion carried by
the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, carroll, Jones and Kerry
1 COUNCILMEMBERS: Age
o COUNCILMEMBERS: None
It was moved by Councllmember Bowman and seconded by Council member Kerry to
adopt the SOuthern california Association of Governments' proposed resolution by title
only, title as fOllows, supporting the continued operations of the Long Beach Shipyard
and other Southern California Military facilities.
RESOLUTION NO. 4456
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CITY COUNCIL MINUTES
March 13, 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND
OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES.
The motion unanimously carried by the fOllowing rOil call vote:
AYES: 5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
It was moved by Council member Bowman and seconded by Councllmember Kerry to
support the League of california Cities sponsored legislation, AB 1522 (BreWer), relating
to voting requirements of the south Coast Air Management District. The motion
unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
In regard to Item NO. 17, Consideration of a Letter of Intent With Landis & Gyr powers,
Inc. of Cypress for an Energy service package, Council member Jones asked for more
information on how the energy savings were to be realized and measured. There was a
representative present to explain the program in more detail. This was not a budgeted
item, It is something that staff researched and if the agreements are approved later,
then It would be budgeted. Landis & Gyr do guarantee the savings In their agreement.
Mr. John Harrington, Landis & Gyr Powers, Inc., advised that measurements are made
from the utility meters, baseline established and dollars realized from the difference.
Hundreds of facilities have their systems Installed and he would be glad to provide
names. The PubliC Works Director advised that In a few years, the City will not be able
to purchase the ballasts for the fluorescent lighting currently in the City and will
eventuallY replace the lighting systems.
council member Carroll suggested picking one or two sites for two to three years to
determine If there are savings then go forward with the rest of the City buildings.
Council member Kerry commented that If there are to be cost savings, the City should
proceed because there are guarantees In the agreement. Mr. Harrington said that
Landis & Gyr will stand behind the guarantee; there is no fiscal Impact to the City's
operating budget and the City will reap 100% of the energy savings over and above the
operating impact.
After further discussion, Councilmember Kerry asked the City Attorney if the guarantee
would work. The City Attorney responded that the agreement would require his
approval as to what the Council desires. The City Manager stated that if there is not a
positive cash flow to the City, there should be no Involvement.
It was moved by Councilmember Kerry and seconded by Council member Bowman to
authorize the City Manager to execute the Letter of Intent with Landis & Gyr Powers, Inc.
of Cypress for an Energy Services paCkage. The motion unanimously carried by the
following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Regarding Item No. 19, Consideration of Adoption of Resolution Regarding the
processing of the Transfer of the CATV Franchise From copley/colony Cablevlsion to
Continental cablevislon, the Personnel Director explained that a letter was received from
the cable company regarding the transfer process. The consultant suggested delaying
this item for discussion at the Council meeting of March 27.
It was moved by Council member Kerry and seconded by Council member Jones to
continue this item to the meeting of March 27, 1995. The motion unanimously carried
by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
S COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
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CITY COUNCIL MINUTES
March 13,1995
CLOSED SESSION: Mayor Age recessed the meeting at 6:25 p.m. to enable the Council to
enter Into Closed session to discuss those agendlzed Items of conference with Legal
counsel, Existing Litigation (Government Code Section 54956.9(al Citizens Association for
the sensible Development of Warland center; orange county superior Court Case No.
737801; Liability Claims (Government Code section 54956.95) City of Cypress vs. Frank
Coelho and City of Cypress vs. Fireman's Fund Insurance CompanY/Baskin-Robbins; and
Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)
RIchard Schwegman vs. City of Cypress, Case No. AHM 0005384. The meeting reconvened
at 7:30 p.m. with all Council members present. Also present were City Manager/City Clerk
Essex, City Attorney cavanaugh and staff members Bacock, Chrlstoffels, Decarlo, Kelly,
storey and Wicker.
7:30 P.M. SESSION:
PLEDGE OF ALLEGIANCE: The pledge was led by Mayor pro Tem Bowman
PRESENTATIONS:
Marvin Decarlo, Director of Recreation & Parks District, presented the City of Cypress
with the 1994 Award of Excellence for outstanding Achievement for Facility Design -
"Cypress senior Citizens Center" and the 1994 Award of Excellence for Outstanding
Achievement for Recreation programming - "Cypress community Festival" which the
Recreation & park District received from the california Recreation and Parks society. He
Introduced staff patty Bailey, Ruth Raheb and June L1u and Recreation and community
Services Commissioner Gloria Livingston.
Mayor Age announced that the presentation by the Buena Park/Cypress/La Palma
Association of Realtors to the D.A.R.E. Program would be continued to the March 27,
1995 meeting.
The City Manager provided a brief overview of the 4:30 workshop session on the Lincoln
Avenue Specific Plan and Mid-Year Budget Review. He then summarized Council actions
taken during the 5:30 p.m. session of the Council meeting.
The City Attorney reviewed discussions held by the Council on those agendized items of
Conference With Legal Counsel on two existing litigations and two liability Claims.
The City Attorney suggested that Item No. 27, Council's polley Allowing the Planning Log
to be Public Record, be considered in Closed Session based on the legal opinion that the
Item is directly linked to the existing litigation of the Citizens Association vs. the City of
Cypress. Therefore, any discussion In public will jeopardize the City'S legal position and
he recommended that those aspects of the agenda item be discussed in Closed Session.
It was moved by Councllmember Kerry and seconded by Council member Jones to
discuss this item In Closed Session at the end of the regular agenda. The motion
unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
The City Attorney clarified that because the City is In litigation involving the Citizens
Association, he made a ruling that there will be no discussions regarding that litigation
through public comment and he emphasized that there will be no discussion based on
that litigation either for or against; there will be no references to the "S word"; there
will be no references directly or Indirectly to this litigation or other projects that may
be linked to that litigation. He will recommend to the Council that any type of
reference made during the publiC comment, will be interrupted and he will admonish
the Individual to cease discussing that matter. second, he brought to the Council's
attention that because of the protracted public comment In which numerous people
have been speaking on the same matter, the code does allow ten minutes per speaker
on a publiC comment Item not on the agenda. The Council needed to be aware that
there is also a provision which allows a ten minute maximum for a subject matter. This
would expedite the business of the Council.
Council member Carroll believed that free speech and an orderly process were possible
and the recall issue should come after the regular agenda Items. He made clarified that
this would not shut anyone off; they could speak as long as they want at these
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CITY COUNCIL MINUTES
March 13, 1995
meetings, but would like those long speeches to come after the agenda Items have
been carried out.
Council member Bowman suggested that the opening Oral Communications be limited to
ten minutes per side on a particular discussion. For Oral Communications at the end of
the meeting, they be limited to 30 minutes per side on a particular subject.
Councllmember Jones concurred with Council member Bowman. She would like to see
some type of limitation on oral communications so that the regular agenda Items could
be heard and limit the oral communications at the end to one-half hour.
Council member Kerry concurred.
Mayor Age agreed and stated that for Oral Communications nothing will be heard on
Shaw or the litigation. For recall matters, ten minutes on each side at the beginning of
the agenda and limit the oral communications at the end of the agenda to 30 minutes.
At the Mayor's request, the City Manager reviewed and explained Agenda Item NO. 1 on
the light activated program timer for the public speaking podium.
ORAL COMMUNICATIONS: For Matters Not on the 7:30 P.M. Agenda.
Mr. Mike Grltchen, 11619 Malden street, Cypress, complained about the outrageous
actions of Mayor Age regarding the letter sent to Bob Pepper. He also referred to
articles In the Long Beach Press Telegram and the orange county Register.
Mr. peter Woodington, 6325 san Andres Avenue, Cypress, expressed his distress about
the entire recall situation, the Council'S ignorance of Roberts Rules of Order and the
recall is warranted. Mr. Don wesling, 11431 Anegada street, Cypress, believed there was
misinformation about the amount of money their group was costing the taxpayers of
Cypress. He does not know of any money spent other than what has come out of the
group's pockets. The taxpayers have not yet paid a dime.
Mr. Robert Kernes, 8762 Grlndlay street, Cypress, stated he supported the tax-paying
property owners and the recall of Mayor Age and Councllmember Kerry.
Council member Bowman should be on the list. He spoke of an illegal City building built
on his property line and he wanted this building Off his wall.
Mr. Reynold Elkin, 4034 orange Avenue, Cypress, stated that he was against the recall
totallY for all three of the City Councllmembers that have been served and asked that
the Council move forward on the agenda.
Ms. Jane wozniak, 4480 Avenlda Granada, Cypress, expressed her opposition to the recall.
Ms. Alicia Kimble, Cypress, asked If there was anyway the language used by certain
speakers could be controlled because she was offended by It and It was improper.
The Personnel Director announced that the Titan Channel, Cal State Fullerton is now
being shown on Channel 55.
Mayor Age had asked police Chief Wicker to research how many times the Pollee had
been called out to Albertson's and a report will be made.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:30 P.M. Agenda. No one
spoke.
CONTINUATION OF CONSIDERATION OF PUBLIC HEARING RE: RENEWAL OF CONDITIONAL USE
PERMIT NO. 93-3. CHURCH USE AT 6381 BALL ROAD: Mayor Age opened the public hearing.
The Planning Director summarized the staff report dated March 10, 1995, which
represented a request to allow a church use to operate within an existing commercial
shopping center bUilding located at 6381 Ball Road. A church use was previously
approved at this location, but had lapsed and become void because the conditions of
approval were not met within the required one year from City Council approval.
Therefore, the applicant Is requesting that the same church use be allowed to continue
operating at the subject site. Based on the church's previous lack of compliance with
orange County Fire Codes, City Codes and the Conditions of Approval for Conditional Use
Permit No. 93-3, staff has Included a condition of approval which required strict
prOhibition of occupancy of the church building until proof of compliance with Building
and safety as well as Fire Department requirements is provided. The proposed project
has been determined to be categorically exempt, Class 1 (a) In accordance with the
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CITY COUNCIL MINUTES
March 13,1995
california Environmental Quality Act and a notice of Exemption will be filed for this
project upon City Council approval. SOme of the reQuired site Improvements were
phased over a period of six months to allow the church time to raise the funds for such
Improvements. However, one year after approval of Conditional Use Permit No. 93-3,
building permits for the required Improvements had not been obtained. The
application for Renewal of Conditional Use Permit No. 93-3 Is actuallY a new conditional
use permit Involving a comprehensive evaluation of the proposed church use and
property, based on current property conditions and applicable City codes and policies.
On January 11, 1995, a joint Inspection of the church building was conducted by the
orange county Fire Department and the City BUilding, Engineering and Planning
departments. The Inspectors found that the actual bUilding layout was not consistent
with the floor plan which was originally approved under Conditional Use Permit No. 93-3
and several serious areas of non-compliance were identified. Because many code
violations were observed within the subject building, which could endanger the health,
safety and welfare of persons occupying the bUilding, staff has included a condition of
approval requiring all Fire Department and BUilding and safety Code requirements be
met prior to occupancy of the church building. Notices of this pUblic hearing were
posted, published and mailed to all owners of property located within 300 feet of the
SUbject parcel. To date, staff has not received any communication regarding the
proposed project.
Ms. Judy Hutaln, Division 1 Code Enforcement, orange county Fire Department,
responded to questions from the Council. Council member Bowman asked If the
bUilding Is a hazard, Why are they being allowed to congregate and who Is the
authority. Ms. Hutaln responded that the authority lies with the State Fire Marshal and
the orange county Fire Department Is their designated representative for A
occupancies. The church was to have taken care of the problems and they did not.
Responding to the Mayor, the Planning Director answered that the congregation was
possibly occupying the church and when they became aware that there were some
serious problems through a referral from the Fire Department, the City Inspected the
site.
After further discussion on responsibility and authority for Inspections, Ms. Hutaln
stated that a certificate of Occupancy does not exist for this building and the bUilding Is
not approved for occupancy. It Is a shared responsibility.
Mr. Steve SUh, representing the Pastor of Joong Ang Korean Church, 6381 Ball Road,
Cypress, explained that the Pastor had hired several people to bring the church into
compliance with the conditions of approval, nothing was done. The Pastor Is now
waiting for an okay from the City to fix the problems and he needed people that were
bilingual.
Council member Bowman told the applicants that they needed working drawings for the
bUilding, everything that applied to the floor and the bUilding plans, from a registered
licensed architect.
Pastor Hang Fu Shim said that they temporarily use the bUilding on Sunday only. He
asked for one more chance to satisfy all the conditions.
After further dialogue on the condition of this bUilding, Grace, a member of the
congregation and a real estate broker, stated that the Issue Is miscommunication and
there is a language barrier. She asked for an extension so the Pastor can comply with
the City requirements.
The Planning Director clarified, for the record, that because communication Is an Issue,
the last paragraph before the Recommendation In the staff report is that if there Is
occupancy and they are not complying with the conditions of approval, the City goes
out there and there Is somebody in that bUilding, It will result in an automatic
suspenSion of the conditional use permit. It will be brought to the City Council within
40 days of such a suspension and the City Council must review the conditional use
permit at a public hearing.
Council member carroll reiterated that the Council Is saying that the building cannot be
occupied until the Certificate of Occupancy is granted.
Additional discussion ensued on the condition of the bUilding and the Planning Director
again stated that when the Certificate of Occupancy Is received, the building can be
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CITY COUNCIL MINUTES
March 13, 1995
occupied and not until then. They have to meet all of the criteria and this Is required of
anyone who builds or occupies a building In this City.
Mayor Age asked If anyone wished to speak In support of the project.
Ms. Regan smith reported that a parishioner wanted to know If they could hold their
services In the Council Chamber until the bUilding is to code.
The City Manager advised that could be considered.
No one else wished to speak In support of or In opposition to the application.
Mr. Suh stated that Pastor Shim would sign an agreement taking full responsibility.
Mayor Age rePlied that couldn't be done, the Council has to abide by the Code and
perhaps staff can look for another place to hold services on Sundays on a temporary
basis until the bUilding meets code.
The City Attorney advised that he had a real concern because It Is a health and safety
issue and In no event should that bUilding be occupied until there Is a certificate of
occupancy.
Councllmember Carroll suggested that the church solve the problems they created and
he questioned the use of the Council Chamber for church services.
The Planning Director emphasized that a bilingual architect or representative Is needed
and the designation of one person that is the answer person and clearly conversant
with all parties.
It was moved by Council member Bowman and seconded by Councllmember Carroll to
close the publiC hearing, file a Notice of categorical Exemption, Class 1 la); adopt the
Resolution by title only, title as fOllOWS, renewing Conditional Use Permit No. 93-3;
however, there will be no occupancy of the bUilding until the Certificate of Occupancy
for the building has been granted.
RESOLUTION NO. 4457
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE
RENEWAL OF CONDITIONAL USE PERMIT NO. 93-3 - WITH CONDITIONS.
The motion unanimously carried by the fOllOwing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Councllmember Kerry stated that she didn't feel it was appropriate for the City to offer
or help find temporary facilities for the church.
RECESS: Mayor Age recessed the meeting at 9:15 p.m. and reconvened at 9:30 p.m. with
all Council members present.
Mayor Age referred to the outburst during the Recess and suggested that perhaps
reconsideration should be given to the placement of the control for the light activated
program timer.
CONSIDERATION OF PUBLIC HEARING RE: VARIANCE NO. 95-2. SATELLITE DISH ANTENNA. 9538
NAPLES DRIVE. CYPRESS: The public hearing was opened by Mayor Age. The City Manager
asked the Planning Director to present the staff report dated March 8, 1995,
representing a request to allow the Installation of a satellite dish antenna closer than
the minimum ten feet from a residential structure. The proposed satellite dish location
meets all other zoning Ordinance provisions regarding the maximum height and
minimum setbacks for antennas located In residential zones. The proposed project has
been determined to be categorically exempt, Class 3, In accordance with the California
Environmental Quality Act. Accordingly, a Notice of Exemption will be filed for this
project upon City Council approval. The subject antenna was installed within the
existing concrete rear yard, three feet from the patio cover structure. The distance
from the antenna to the house structure Is approximately 13 feet. The reasons
presented by the applicant on the variance application meet the hardShip criteria and
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CITY COUNCIL MINUTES
March 13, 1995
findings set forth In the zoning Ordinance. Notices of the publiC hearing were posted,
published and mailed to all owners of property located within 300 feet of the subject
parcel. To date, staff has not received any communication regarding the proposed
variance.
Mr. Loren Kruger, 9538 Naples Drive, Cypress, asked the Council to approve a zoning
variance to allOW him to enjoy some of the advantages of a TV satellite dish that has
been Installed In his back yard. He has questioned all his neighbors and no one objected
to the structure.
Mayor Age asked If anyone wished to speak In support of or In opposition to the
project. No one spoke.
It was moved by Councllmember Bowman and seconded by Councllmember Carroll to
close the publiC hearing and adopt the Resolution by title only, title as fOllOWS,
approving Variance NO. 95-2, satellite dish antenna, with conditions.
RESOLUTION NO. 4458
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, GRANTING A VARIANCE
FROM THE TERMS OF SECTION 13.4-3.A. OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, TO ALLOW A SATELLITE DISH ANTENNA LESS THAN TEN FEET FROM ANOTHER
STRUCTURE - VARIANCE NO. 95-2.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF PUBLIC HEARING RE: CONDITIONAL USE PERMIT NO. 95-1. AUTOMOTIVE
REPAIR BUSINESS. 4552 LINCOLN AVENUE. CYPRESS STREET: Mayor Age opened the public
hearing. The planning Director reviewed the staff report dated February 9, 1995, which
proposed to establish an automotive repair business within an existing CommerCial
center. The operation will involve mainly brake repair but full engine repair service will
be available. In accordance with the requirements of the california Environmental
Quality Act, this project has been deemed to be categorically Exempt, Class 1. The
applicant proposes to operate his business Monday through Friday from 9 a.m. until 6
p.m. and saturdays from 9 a.m. until 2 p.m. In accordance with current Code
requirements, staff is recommending the existing block wall along the south property
line be raised to the current standard of eight feet. Because of the proximity to the
residential zone, the potential for this automotive business to adversely Impact the
neighborhood Is present. Staff feels that provided the conditions are strictly adhered
to, this business could be a compatible use. Notification of the public hearing was
mailed to all property owners within 300 feet of the subject property. As of the
drafting of this report, staff has not received comment.
Mr. James Rovida, 5642 Bishop Street, Cypress, stated that due to the expansion of his
business, he needed a larger facility. He then answered questions from the Council.
Mayor Age asked If anyone wished to speak in support of the application.
Mr. Bob Gilbert, property owner, 4552 Lincoln Avenue, Cypress, expressed concern about
developers' rules seeming to apply to this project. He said raising the block wall to eight
feet Is not possible, which means rebuilding the wall. He explained that there are pine
trees about 15 to 20 feet high, the wallis covered with ivy and there is an aviary that
sits on the block wall. The required landscape setback Is nine feet instead of five, which
helps to mitigate the situation.
The Planning Director remarked that the code Clearly says that for a certain number of
spaces, it has to have a certain amount of landscaping.
Mr. Larry Hilbert, property co-owner, 4552 Lincoln Avenue, Cypress, stated that they own
a building that is less than 50% occupied and they are in financial trouble. This Is a
business they can keep if they are not burdened with too many costs.
No one else wished to speak In support of or in opposition to the project.
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CITY COUNCIL MINUTES
March 13, 1995
After some discussion on the block wall, the planning Director mentioned some oPtions
and the City Attorney advised that the eight foot block wallis required as a zoning
standard and the applicant must seek a variance. The code must be applied uniformly.
Mayor Age explained that the Council could approve the permit and applying for the
variance would be up to the property owner. The property owner agreed.
Councllmember Jones asked to eliminate any automobile repair work on saturdays.
The City Manager explained that there Is a condition that If there are noise complaints
during the saturday operation, the matter will be reviewed by Council.
It was moved by Councllmember Kerry and seconded by Council member Jones to close
the public hearing, direct staff to file the categorical Exemption and adopt the
Resolution by title only, title as follows, approving conditional Use Permit No. 95-1,
subject to conditions, include the hours of operation and add the condition that If
substantiated noise complaints are received, the Item will be subject to Council review.
Council member Kerry advised that the eight foot block wall condition remain but
directed staff to research the applicability of the code as It related to the block wallin
this instance and return to Council with a report.
RESOLUTION NO. 4459
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 95-1 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Council member Bowman suggested that there be a review of the code as far as existing
commercial uses. The Planning Director agreed that the code does need to be reviewed
In a number of areas.
CONSIDERATION OF PUBLIC HEARING RE: LIVE ENTERTAINMENT PERMIT - DARIO'S PIZZA AND
BREW, 9921 WALKER STREET, CYPRESS: The public hearing was opened by the Mayor. She
referred to the staff report dated March 8, 1995, which Indicated that an application
had been received for a Live Entertainment Permit from Mr. Joselito Bautista to allow
karaoke singing at Dario's Pizza and Brew. The Pollee Department conducted an
investigation which revealed that one of the conditions Imposed by the State
Department of Alcoholic Beverage Control Is that no modifications can occur until the
applicant's business has been In operation for one year. Mr. Bautista has Informed the
City Clerk's office that he wished to withdraw his application at this time and reapply
after his business has been In existence for a year.
It was moved by Council member Jones and seconded by Council member Bowman to
accept the withdrawal of the application and close the Public Hearing. The motion
unanimouSly carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AN EMERGENCY SERVICES AGREEMENT WITH SULLY-MILLER CONTRACTING
CO. OF ANAHEIM: The Public Works Director presented the staff report dated March 6,
1995, in which the subject had been continued from the February 13,1995 City Council
Meeting. The Council agreed with the concept but held the Item over because of
concerns of controls for expenditures that may occur under this contract. To address
Council's concern, staff Is proposing the adoption of a Council policy limiting staff's
authority for expenditures on outside contracts relating to emergency needs to
S250,000 without City Council approval. Staff would Issue a purchase order to perform
the emergency work and by accepting that, they are limiting themselves to the amount
on that purchase order.
The City Attorney remarked that he could work with the Public Works Director to
compose a sample purchase order.
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CITY COUNCIL MINUTES
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375
March 13, 1995
It was moved by Councilmember Bowman and seconded by Councilmember Kerry to:
1. Authorize the City Manager to execute the attached Emergency Services
Agreement with SUlly-Miller Contracting co.; and
2. Adopt a Council polley limiting expenditures on outside contracts related to
emergency needs to $250,000 without City Council approval.
The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF DOWNGRADING THE ASSISTANT CITY ENGINEER POSITION TO AN ASSOCIATE
(CIVILl ENGINEER POSITION: The Public Works Director reviewed the staff report dated
March 6, 1995, which requested that the City Council authorize the downgrading of the
currently vacant Assistant City Engineer position to an Associate (Clvlll Engineer Position.
If approved, staff will Initiate the recruitment process for this position and It Is
estimated that this change will total $22,000 per year In salary savings.
It was moved by Councllmember Kerry and seconded by Councllmember Bowman to
authorize the downgrading of the Assistant City Engineer position to an Associate (Civill
Engineer position In the Engineering Division of the Public Works Department. The
motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carroll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
CONSIDERATION OF AGENDA FOR JOINT MEETING OF THE CITY COUNCIL AND THE CATV
COMMISSION: The City Manager asked the Personnel Director to present the staff report
dated March 7, 1995, which outlined those items that the CATV Commission wished to
discuss with the City Council at their joint meeting on March 27, 1995. The Personnel
Director asked the Council to Include any items they wished to discuss at that meeting.
Council member Bowman asked that the minutes of the last two or three meetings be
provided to the Council prior to the joint meeting. Councllmember Kerry mentioned
telephone companies using their lines to bring in cable programs and upgrade of the
cable boxes.
Mayor Age suggested that any Councllmembers wanting to add Items to the joint
meeting Agenda, call the Deputy City Clerk by the end of this week.
It was moved by Council member Bowman and seconded by Council member Kerry to
determine agenda Items for the joint City Council and CATV Commission meeting,
adding the two Items of cable transmitted by telephone lines and upgrade of cable
boxes. The motion unanimously carried by the fOllowing roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, carrOll, Jones, kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
Regarding CONSIDERATION OF THE COUNCIL'S POLICY ALLOWING THE PLANNING LOG TO BE
PUBLIC RECORD, Mayor Age advised that this Item would be held in a Closed Session at
the end of the regular session.
CONSIDERATION OF COMMERCIAL WARRANT LISTS FOR WARRANTS NO. 14110 - 14350: It was
moved by Council member Bowman and seconded by Council member Jones to approve
the Warrants No. 14110 through 14350 In the amount of $980,404.00. The motion
unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, CarrOll, Jones, Kerry and Age
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
ORAL COMMUNICATIONS: For Matters Not on the Agenda
12
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CITY COUNCIL MINUTES
March 13, 1995
MS. Kathy Simcox, 6143 Trinidad Avenue, Cypress, brought up come items from the last
Council meeting regarding the Police Department being called out to Albertson's Market
because of complaints. She didn't know how the Mayor could be aware of those
complaints before the Chief and the sergeant. The pollee Chief reported that there
were two complaints on file. Ms. Simcox took Issue to a statement made by the Mayor
on people who have sued the City contacting and writing letters to various agencies and
corporations. She took exception to the reference that the Concerned Citizens were
anti-business and misused the log book.
Responding to Council member Bowman, Ms. Simcox stated that she had not contacted
anyone at Diamond Sports, Regan Smith had spoken with them. No one had used that
log book to contact people.
Mr. Don wesllng, 11431 Anegada street, Cypress, addressed the harassment Issue and he
stated that he had written a letter to Shaw Industries. He stated that the recall election
would be a very minimal cost to the citizens of Cypress and he suggested that the
citizens read the development agreement.
Mayor Age asked the Public Works Director about the riPPle going down orange Avenue.
The public Works Director stated he believed there was some settling and he didn't want
to open the street until there were several days of dry weather.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
CLOSED SESSION: Mayor Age recessed the meeting at 11:10 p.m. to allow the Council to
enter into Closed Session to Consider the Council's Policy AllOwing the Planning Log to
be Public Record. The meeting reconvened at 11:45 p.m. with all Councilmembers
present.
ADJOURNMENT: Mayor Age announced that a long-time citizen and active member of
the community, Larry wuebker, passed away Friday night. She adjourned the meeting
at 11:45 p.m. to MOnday, March 27, 1995, at 4:30 In the Administrative Conference Room.
The City Manager clarified the comment about where the "on" and "off" switch for the
light activated program time should be located because the lights could be Installed
prior to the next meeting.
ATTEST:
PRESS
13