Minutes 97-03-10MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 10, 1997
The Regular Meeting of the Cypress City Council was called to order at 4:30 p.m.,
Monday, March 10, 1997 in the Administrative Conference Room, City Hall, 5275 Orange
Avenue, Cypress, Mayor TOm Carroll presiding.
PRESENT:
ABSENT:
Councilmembers Bowman, Jones, Keenan, Piercy and Carroll
None
Also present were the City Manager Mark Ochenduszko, Recreation and Park District
Director Marvin DeCarlo, Recreation Services Manager Patty Bailey and the following
members of the Cultural Arts Commission: Ed Kennedy, Frann Shermet, Linda Sunley
and AliCia Kimble.
WORKSHOP SESSION: Joint Meeting with the Cultural Arts Commission regarding "Art in
Public Places." The Commission had provided the City Council with their proposal and
each of the Commissioners verbally provided the Council with an overview of each
section of the proposal. The goal is to bring the art to the public, promote civic pride,
foster individual expression and to beautify the City.
RECESS: Mayor Carroll recessed the workshop session at 5:15 p.m. and reconvened the
meeting at 5:25 p.m. with all Councilmembers present. Also present were the City
Manager, Public Works Director, Finance Director, Community Development Director and
the Contract/Environmental Affairs Manager for the workshop on the 1997-2004 Capital
Improvement Program and to bring the Council up-to-date on the development of the
program. Staff wanted to assure that the process was understood and that there was
sufficient input from the Council, Boards and Commissions as the program evolved. The
projects were identified, how they related to funding and the process from this point
RECESS: Mayor Carroll recessed the meeting at 5:50 p.m. to enable the Council to
continue their meeting in the Council Chamber. The meeting reconvened at 6:00 p.m.
with all Councilmembers present. Also present were the City Manager, City Attorney and
staff members Bacock and Christoffels.
A brief review on microphone usage was given to the Council by staff member Pat
Hough.
The City Attorney asked the Council to consider adding an item of Anticipated Litigation
to the Closed Session Agenda. He had received a phone call this afternoon from an
attorney representing Via Maria. The attorney indicated that some action has been filed
against the City and there is presently a hearing set for Thursday afternoon in Federal
Court. He asked the Council, by a four-fifths vote, to place this item on the Closed
Session Agenda.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to add
the item, Conference with Legal Counsel - Anticipated Ligation (Government Code
Section 54956.9(b), to the Closed Session agenda. The motion unanimously carried by
the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CLOSED SESSION: Mayor Carroll recessed the meeting at 6:10 p.m. to enable the Council
to enter into Closed Session to consider those agendized items of Conference with Real
Property Negotiator (Government Code Section 54956.8) regarding properties located at
8621 La Salle Street, 4874 and 4884 Grace Avenue and the added item of Conference with
Legal Council - Anticipated Litigation (Government Code Section 54956.9(b).
PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Piercy.
PRESENTATIONS:
Mayor Carroll presented a Community Service Plaque to Former Senior Citizens
Commissioner Verna Dodson. Commendations also were given her from State
Assemblyman Scott Baugh and U.S. Congressman Ed ROyce.
CITY COUNCIL MINUTES March 10, 1997
REVIEW OF CLOSED SESSION/WORKSHOP AGENDA:
The City Manager reviewed the workshop session held during the joint meeting with the
Cultural Arts Commission and on the 1997-2004 Capital Improvement Program.
The City Attorney summarized discussions held during the Closed Session on the
agendized item of Conference with Real Property Negotiator and the added item of
Conference with Legal Council -Anticipated Litigation.
ORAL COMMUNICATIONS: FOr Matters Not on the 7:00 p.m. Agenda.
Mr. Darrell ESsex, 5220 Dresden Circle, Cypress, thanked the Council for their support at
the Americana Awards. He announced that an organization called the Cypress Economic
Development Council, consisting of landowners, business park tenants and other
interested parties, had filed their incorporation papers. He named the members of the
Board of Directors, with the first General Meeting scheduled for April 9. He then
mentioned an item on the agenda, Authorization to the City Council to Review
Confidential Records Relating to Sales and Use Tax Information, and the letter he had
previously sent expressing concern about the potential conflicts and the possible
negative image it will create for the City.
Ms. Jane wozniak, 4480 Avenida Granada, Cypress, spoke on Council Review of
Confidential Records Relating to Sales and Use Tax Information. She said this
information should only be made available to the City Manager and the Finance
Director. Councilmembers have no business accessing this information.
Mr. Don Wesling, 11431 Anegada Street, Cypress, thanked the Council for placing Oral
Communications at the beginning of the Agenda. He referred to the decision made by
the 4th Court of Appeals on the Shaw Industries warehouse. The Citizens for Sensible
Development now have to take their case before the State Supreme Court to correct
the inconsistencies in the law. He felt that the City Council had the right to review sales
and use tax information.
Ms. Susan Linde, 9845 Joel Circle, Cypress, referred to the award of contract for the
pyrotechnics for the 1997 July 4th Fireworks Celebration and said that there is a lot of
traffic and too many people. She suggested that proof of residency be required to
attend the celebration and if not residents, people be charged an entrance fee.
Mr. Robert Sundwall, 5486 Vista Sierra, Cypress, apologized for speaking at length at the
last meeting and he hoped it wouldn't happen again. He said he got a threatening call
the next day regarding the recall election.
MS. Jo Dutro, 10002 St. Stephen Circle, Cypress, reported she received a phone call from
a person saying he was from AT&T asking why she has changed her long distance service.
Unbeknownst to her, her service had been changed to LCl International. After calling
AT&T, it was straightened out but it can happen without a person being aware of it and
it is a good idea to check to determine who your long distance carrier is.
Mayor Carroll asked the City Manager and the Police Chief to look into this kind of
telephone solicitation which is misrepresenting itself. Councilmember Jones suggested
that an item could be inserted into the next City Newsletter making the citizens aware if
it is found there is some problem.
Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, advised that signing a card obtained
from AT&T would prevent anyone from changing the long distance carrier unless
authorized in writing.
ORAL COMMUNICATIONS: For Clarification of Matters on the 7:00 p.m. Agenda. NO one
wished to speak.
Mayor Carroll commented that there be a timeframe for speaking regardless of whether
the item is or is not on the Agenda.
AWARD OF CONTRACTS:
INSTALLATION OF AN EMERGENCY GENERATOR AT THE MAINTENANCE YARD, PUBLIC WORKR
PROJECT NO. 9644, REQUEST FOR QUOTATION NO. 9697-~: The Public Works Director
summarized the staff report recommending the award of contract for installation of an
CITY COUNCIL MINUTES March 10, 1997
Onan 65 KW (81 KVA) generator at the Maintenance Yard to provide emergency power
for the new Emergency Operations Center. Bid solicitations were sent to five
contractors and two contracts elected to bid the project.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to:
1. Determine the lowest responsible bidder for Public Works Project No. 9644 to be
Penguin Engineering Co., 622 West Angus Avenue, Orange, California 92668.
2. Award a contract for installation of an emergency generator at the Maintenance
Yard in the amount of $52,998.82 (award amount of $48,180.75 plus ten percent
contingency) to Penguin Engineering Co.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
THREE YEAR PYROTECHNIC CONTRACT FOR THE 1997 MULTI-AGENCY JULY 4TH FIREWORKS
CELEBRATION: The Recreation and Parks District Director presented the staff report
which was a request for an award of a three year contract to Fireworks America in the
amount of $10,500 to provide a pyrotechnic display for the 1997 Multi-Agency July 4th
Fireworks Celebration. The cities of Cypress, Los Alamitos and Seal Beach, the Rossmoor
Community Services District and LOS Alamitos Armed Forces Reserve Center have
collaborated to produce one of the finest July 4th celebrations in Orange County. Under
consideration is a three year pyrotechnic contract, which does not obligate the
City/DiStrict tO produce or provide a fireworks display for the next three years. It would,
however, guarantee the same level of pyrotechnic display with no increase in cost.
Councilmember Jones referred to the Oral Communication from Ms. Susan Linde and
recommended that the Recreation & Community Services Commission review the issues
of overcrowding, traffic congestion, where the event is advertised and potentially
charging attendees outside a five mile area. The Recreation & Parks District Director
advised that charging of fees at the gate and the number of people allowed onto the
base is controlled by the Armed Forces Reserve Center.
It was moved by Councilmember Bowman and seconded by Councilmember Keenan that
the City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District, approve a three-year contract with Fireworks America,
Program B, P.O. Box 488, Lakeside, California 92040-0488, in the amount of $10,500. The
motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 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.
It was moved by Councilmember Bowman and seconded by Councilmember Jones to
approve the Consent Calendar Items No. 3 through 8. The motion unanimously carried
by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
Item No. 3: Motion to Approve City Council Minutes of February 24, 1997.
Recommendation: That the City Council approve the Minutes of the Regular Meeting of
February 24, 1997, as submitted.
Item No. 4: Motion tO Introduce and/or Adopt All Ordinances and Resolutions Presented
for Consideration by Title only and to Waive Further Reading.
CITY COUNCIL MINUTES
March 10, 1997
Item NO. 5: Adoption of resolutions Commending Eagle Scouts Ryan Shelby Creager and
Kevin Kenji Morimoto.
Recommendation: That the City Council adopt the Resolutions by title only, titles as
follow, commending Boy Scouts Ryan Shelby Creager and Kevin Kenji Morimoto on
attaining the rank of Eagle Scouts.
RESOLUTION NO. 4766
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT RYAN SHELBY CREAGER ON ATTAINING THE RANK OF EAGLE SCOUT.
RESOLUTION NO. 4767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, COMMENDING BOY
SCOUT KEVIN KENJI MORIMOTO ON ATTAINING THE RANK OF EAGLE SCOUT.
Item No. 6: Request from the Cypress Twirlers Square Dance Club to Use the City Council
Plaza Area.
Recommendation: That the City Council approve the request of the Cypress Twirlers
Square Dance Club for use of the City Council Chamber Plaza area on July 26, 1997, from
7 p.m. - 11:30 p.m., subject to the condition that the organization be required to pay for
any additional costs incurred in providing maintenance and utility services.
Item No. 7: Acceptance of the Reroof of the BOyS and Girls Club, Public Works Project
9632, Request for Quotation No. 9697-10.
Recommendation: That the City Council: 1) ACCept the project for Reroofing the Boys
and Girls Club Building, Public Works Project No. 9632, as being satisfactorily completed
in substantial conformance with the project specifications; 2) Approve the final
retention payment of $3,075.00 to Coast Roof Co., Inc., P.O. Box 7050, Fullerton, CA 92834,
35 days after the Notice of Completion is filed, if no claims or objections have been
filed, and upon Director of Public Works' concurrence; and 3) 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
concurrence of the Director of Public Works.
Item NO. 8: Proclaiming April 7-13, 1997, as "Public Health Week."
Recommendation: That the Mayor and City Council officially proclaim April 7-13, 1997, as
"Public Health Week" in the City of Cypress.
END OF CONSENT CALENDAR
PUBLIC HEARINGS: 7:30 P.M.
CONTINUATION OF CONDITIONAL USE PERMIT NO. 96-17, REQUEST TO CONSTRUCT A CAR WASH,
MINI-MARKET, GAS STATION, AND LUBE & TUNE, LOCATED AT 5931, 5999 CERRITOS AVENUF
AND 10461 VALLEY VIEW STREET: Mayor Carroll opened the public hearing and called
upon the City Manager to review the staff report in which staff recommended that this
item be continued to April 14, 1997. The Community Development Director advised
that, after ongoing dialogue regarding issues relating to neighborhood concerns and
developer options, the developer indicated that he will be submitting a new plan and
staff will review the project once it is filed.
It was moved by Councilmember Keenan and seconded by Councilmember Jones to
continue Conditional Use Permit No. 96-17 to the April 14, 1997 City Council meeting.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
POSSIBLE REVOCATION OF LIVE ENTERTAINMENT PERMIT FOR THE VIA MARIA RESTAURANT,
9969 WALKER STREET, CYPRESS: The public hearing was opened by Mayor Carroll. The City
Manager asked the Police Chief to present the staff report which indicated that on June
13, 1995, the Cypress City Council approved a Live Entertainment Permit for the Via Maria
4
CITY COUNCIL MINUTES March 10, 1997
Restaurant, 9969 Walker Street, Cypress. The Live Entertainment Permit was granted for
a period of one year and was subject to conditions relating to Via Maria's management
of the facility and standard terms and conditions for the Live Entertainment Permit
pursuant to Chapter 9 of the Code of the City of Cypress. On July 22, 1996 the Live
Entertainment Permit for the Via Maria Restaurant again was approved for a one year
period and Council requested that staff return in January of 1997 to present a six month
review of the permit.
At the City Council meeting of January 27, 1997, City Council considered that six month
review of the Via Maria Live Entertainment Permit and continued the granting of that
permit for the remaining six months with all terms and conditions of the permit to
remain in force and effect. On February 22, 1997, a major disturbance occurred on site
at Via Maria wherein several of the patrons engaged in disorderly conduct and assaults
resulting in mutual aid police response to quell the disturbance and return order. As a
result of the events on February 22, 1997, and, coupled with issues related to activity
that is disruptive and threatens the health, welfare, safety, and security of the
community in and around the via Maria site, the City Manager suspended the Live
Entertainment Permit of the Via Maria Restaurant and the matter is before the City
Council to consider revocation of that permit. NOtices of this Public Hearing have been
posted and published by the City Clerk in accordance with the provisions of the City
Code.
The Chief referred to a communications received from Mr. Stephen Craig, 9958
Barcelona Lane, Cypress, who had voiced his objections to the live entertainment permit
at the last public hearing. Since the last hearing, a cement block wall has been pulled
down in the parking lot and other noises associated with a large truck parked at that
location have been addressed and resolved. He recommended that if the Council
considered extending this live entertainment permit, post "no parking" signs from the
telephone pole at the start of his fence on Barcelona Lane to the next four houses.
Have Via Maria enforce "no parking" on the west side of the location by requesting the
City to tow away cars and trucks that continue to park there in violation of the
restriction and provide homeowners with a backup telephone number they can call if
they are unable to reach someone at Via Maria to state their objections and problems.
A second communication was from Mr. Clyde Timmerman, St. George Circle, Cypress,
supporting opposition to the Via Maria Restaurant to continue its live entertainment
under the existing permit. When the restaurant opened some years ago, it was
presented as a restaurant where one could have dinner and cocktails and listen to
entertainment. It has since deteriorated into a cabaret with loud bands, wild dancing
and unruly patrons. Because this is a continuing problem he has objected to the Council
when the previous permit was issued and he again objected to the continuance of this
live entertainment permit. He didn't feel that the private security that via Maria has on
site can solve the problems that are occurring, nor should the Police Department have
that added expense and responsibility. He asked the Council to restrict the type of
entertainment, shorten the hours to midnight and allow live entertainment on
weekends only.
The third communication was from Fredrick and Donna Manuel, 9980 Barcelona Lane,
Cypress, who wrote that they were not sure it was the live entertainment permit that
causes the noise and fighting that goes on in the parking lot, especially on Friday and
Saturday nights. Approximately two weeks ago, a dozen police cars were at the Via
Maria plus paramedics and ambulance and a fire engine. They've endured power alarms
going off repeatedly, motorcycles revving, horns honking, people yelling and fighting
and the mass exodus at the location. All of this occurs between I and 2 a.m. in the
morning on Friday and Saturday. Their house is adjacent to the parking lot and they
need some assistance with this. Management has tried to control things but are not
always able to do so. Live entertainment, alcohol and altered personalities put together
and you have mayhem.
After a question and answer period between Council and the Chief, the City Attorney
stated, for the record, there was some reference early in the Chief's report of the
conditional use permit. The issue before the Council is the Live Entertainment Permit,
not the conditional use permit.
The applicant's attorney, ReX Julian Beaber said that he was present on behalf of Via
Maria to address a few legal issues before the presentation of evidence. He referred to
the U.S. Constitution and the revocation of a permit of a business when the activity of
that business concerns the exercise of a fundamental right. Live entertainment
CITY COUNCIL MINUTES March 10, 1997
constitutes the exercise of free speech under the U.S. Constitution. The revocation is
completely illegal under every authority with regard to the power of a local
municipality to curb live entertainment without a hearing first. When a permit is to be
revoked, the Administrative Procedures Act of the State of California affords Via Maria a
due process hearing. There are scores of people who are prepared to attend the
hearing and testify to repeated comments made by the people who wrote those letters
indicating that their objections to Via Maria have to do with the racial and ethnic origins
of the people it attracts. He proposed that the live entertainment permit be
immediately restored unchanged. The City did not have a due process hearing and they
did not have a constitutional right to engage in the revocation. He then requested the
Council, after restoring the live entertainment permit, to comply with all the
procedures of the Administrative Procedure Act.
Mr. Paul Blumenfeld, owner of Via Maria Restaurant, 9969 Walker Street, Cypress,
volunteered to answer questions from the Council. Councilmember Bowman asked Mr.
Blumenfeld if he had live entertainment on February 22, 1997. Mr. Blumenfeld replied in
the negative, stating he does not have live entertainment on Friday and Saturday
nights. He has a Disc Jockey. Councilmember Bowman asked the City Attorney if the
D.J. was considered live entertainment. The City Attorney responded that the City has
taken the position that the use of a D.J. is considered to be live entertainment.
Mr. Beaber asked for leave to offer into evidence the handwritten notes that were
taken at the time the ordinance was passed and, after those handwritten notes are
reviewed, he would like the notes and a recording of his representation of what the law
is to be turned over to the State Bar.
Mayor Carroll asked Mr. Blumenfeld what he could do to reduce the level of violence in
the parking lot. Mr. Blumenfeld replied that he has implemented a dress code on Friday
nights. On Monday, Tuesday, Wednesday and Thursday, when he does have live
entertainment, he doesn't have a problem. He had a problem on Friday nights and he
went to a dress code which helped tremendously. He has security officers inside the
establishment and he subsequently hired an outside company for security.
Mayor Carroll asked if anyone wished to speak in support of restoring Via Maria's Live
Entertainment Permit.
Mr. Brad Alstad, no address given, stated that he does play classic rock and blues at Via
Maria on Thursday nights. He asked that the live entertainment permit be restored.
Mr. Karl Duddlesten, 4442 Via Linda, Cypress, said he would like to see Via Maria keep
their live entertainment permit because, during the last five years, he has seen many
restaurants close in the City. He does not want to see another vacant building in that
center. He asked that the problem be worked out with the City and Via Maria.
Mr. Nick Eighmy, 9632 Glenbrook Avenue, Cypress, stated that he supported Via Maria
and urged the Council to reinstate their live entertainment permit. He believed that
the problem wasn't the live music but the format of the Friday night entertainment.
that format could be changed to something agreeable to the Council and the Police
Department, he felt the problem would be resolved.
If
Mr. Gary Rogers, former General Manager of Via Maria, remarked that the business was
promoted with a casual atmosphere and until recently, it has been a big draw. It has
reached a level that needs attention and by enforcing a dress code and new rules and
regulations, a good business and clientele should be obtained. He believed that regular
meetings between the City Manager and Police Chief would be helpful.
Ms. Jo Dutro, 10002 St. Stephen Circle, Cypress, spoke in favor of the Via Maria because if
they lose their live entertainment permit, they probably won't stay in the City and there
will be another large, empty building in that center.
Mr. TOm RUssell, one of the security personnel for Via Maria, said he would like to see via
Maria keep their live entertainment permit so he can retain his employment with them.
Via Maria has a larger security staff than any other bar he has seen and he answered
questions from Councilmembers.
Mr. Raymond Wozniak, 4480 Avenida Granada, Cypress, read his prepared statement in
which he suggested that the City and this business owner work together to mitigate the
CITY COUNCIL MINUTES March 10, 1997
circumstances rather than have the Council set in place sanctions which will be
detrimental to the business.
MS. Jane Wozniak, 4480 Avonida Granada, Cypress, said that Via Maria Restaurant has been
in the community for a long time and reminded the City that the Community Center
had a shooting and riot. Things happen occasionally that can't always be controlled and
this business has been more than generous to the City over the years.
Mr. John Hall, 21207 Bloomfield Street, Cypress, advised that he has patronized Via Maria
for many years and he felt very safe in the restaurant which has adequate security.
Mr. JOhn Guerrero, no address given, said that he was a part of the live entertainment at
Via Maria and there have been no problems. Many business people frequent the
restaurant and he asked that the live entertainment permit be restored.
Mr. Paul Mose, D.J. at Via Maria on the weekends, remarked that he has been a D.J. for
the last five years and would like to see them maintain their permit because there is a
large audience that is entertained on the weekends.
Councilmember Bowman asked Mr. MOSe if he considered himself an entertainer. Mr.
Mose said he would consider himself as an entertainer because it is not just music alone,
there are things that are said to entertain the audience.
The Mayor asked if anyone wished to speak in opposition to the live entertainment
permit.
MS. Deborah Strom, 10011 St. Agnes Circle, Cypress, said she lives directly across the
street from Via Maria. She has complained each time and it seems to do no good.
When she moved in, Via Maria was a restaurant but since they have received their live
entertainment permit, she and her neighbors have had to deal with traffic late at night,
awakened by fights in the parking lot and noise. Via Maria does not care about her
freedom of speech or whether she gets a good night°s sleep. She hadn't heard any of
the speakers say they lived in the surrounding neighborhood. She has listened to Gary
Rogers on three different occasions promise that he would take care of the noise and it
hasn't gotten any be~ter. She quoted from the article in the L.A. Times on Via Maria.
No one else spoke.
Councilmember Jones reminded the audience of the developments reported by the
Police Department. She stated some of the incidents that have occurred at Via Maria
and wanted everyone to know that the Council is dealing with something very serious.
The Police Chief called upon Sergeant Jeff Kepley, on scene supervisor the evening of
February 22, 1997, to speak.
S~jt. Jeff Kepley, cypress Police Department, proceeded to describe events that have
occurred at Via Maria prior to the February 22, 1997 incident. On Friday night/Saturday
mornings there are disturbances in the parking lot between I and 1:30 a.m. weekly and
there have been additional instances that have not involved police officers. On
February 22, 1997, he saw among the 40 or S0 people exiting the restaurant,
approximately 10 or 12 with obvious injuries. He had additional officers respond from
the Cypress, Buena Park, Hawaiian Gardens, La Palma and Los Alamitos Police
Departments and he would characterize the incident as a riot in that there were
numerous assaults and fights in progress. The crowd was extremely defiant and the
police officers had no apparent impact on the crowd of an estimated 200 people.
Sgt. Kepley then answered questions from the Council.
Mr. Beaber said that Mr. Blumenfeld had received a threatening phone call and had
completed a police report on October 10, 1995. He also allecjed that the person who
made the threatening phone call was Mary Ann Jones and he then stated the nature of
the threat.
Responding to Mayor Carroll, the City Attorney replied with reference to libel and
slander in a public forum and under this public forum, there would be complete
immunity to the applicant in anything he may say.
Councilmember Bowman stated that the problem is the incident. He believed that
measures needed to be taken and there needs to be a dialog on how to solve this
7
CITY COUNCIL MINUTES March 10, 1997
problem. The live entertainment permit has been suspended and the issue before the
Council is whether or not it will be revoked. If the applicant agrees to continue the
matter, that he work with the Police Department and the City Manager, the permit will
continue to be suspended until a mutually agreeable understanding is reached.
After further discussion, Mr. Blumenfeld said he was more than willing to work with the
Police Chief.
Councilmember Bowman asked if Mr. Blumenfeld would be willing to reduce his hours
of operation and he replied he couldn't live with that and it would be detrimental to his
business. Mr. Blumenfeld advised that he has employed a securi~/company to patrol
the parking lot. He was embarrassed about this incident and will make sure, to the best
of his abili~:y, that it doesn't happen again.
Councilmember Piercy agreed with the applicant that a dress code would help, but it
may not be the complete solution.
Mayor Carroll asked what other ideas the applicant had to ameliorate the problem and
avoid any future riots.
Councilmember Piercy said that the City needs to be business friendly and work with
the businesses. Via Maria has been a supporter of the community, they've had a lot of
problems but she felt that the owner has made efforts. She suggested that the permit
be reinstated and Mr. Blumenfeld work with the Police Chief and City Manager for
additional solutions to the noise problem.
Mr. William Itell, a neighbor on Barcelona Lane, a patron of Via Maria, said that many of
the customers complain to Mr. Blumenfeld when they are not happy about a situation.
He supported the business, but at the same time, he felt they should police their own
actions. As a member of the neighborhood, he didn't want noise or unruly crowds and
felt that something could be worked out.
Councilmember Jones cited the number of arrests made and the violation. She foresaw
a trend of escalating incidences and culminating in the riot and she did not want to deal
with this type of incident again.
Mayor Carroll commented that he didn't feel that this incident could be passed over. It
is far too serious. Via Maria is adjacent to residents and he would not vote in favor of
reinstating the live entertainment permit as it exists now. There has to be positive
changes made before he would consider not revoking the permit. He supported the
decision to revoke the permit, there was a riot and it was a prudent and wise decision.
Councilmember Keenan said that Council has heard from the attorney and the business
owner and it appeared that they were totally unwilling to work with the City. He has
heard about a dress code and outside security.
Councilmember Bowman remarked that it would behoove the applicant to work out
something to either accept a continuance of the suspension or a revocation. A major
incident occurred and corrective action must be taken. A major change needs to be
made and he said the applicant should step forward and agree to those changes and he
asked to hear something further from the applicant other than to changing the dress
code.
Mr. Beaber said that the applicant finds himself in a very unusual situation because his
permit was suspended and at the time of the suspension, he was not called in to have a
dialogue about how the situation could be improved. His live entertainment permit
should be immediately restored, reviewed at some reasonable time in the ful:ure, and
he be given an opportunity to demonstrate corrective measures sufficient to warrant
permanently renewing his license.
Mayor Carroll stated that the Council will meet again in two weeks and asked if it was
possible to have conditions on Via Maria ready in two weeks.
The City Attorney asked for the opportunity to meet with the applicant's legal counsel
at this time.
RECESS: Mayor Carroll recessed the meeting at 9:25 p.m. and reconvened the meeting at
9:35 p.m. with all Councilmembers present.
CITY COUNCIL MINUTES March 10, 1997
The City Attorney recommended that the Council and City Attorney conduct a Closed
Session at which time there will be a discussion of the events.
CLOSED SESSION: The Mayor recessed the meeting at 9:35 p.m. to allow the Council to
enter into Closed Session. The meeting reconvened at 10:05 p.m. with all
Councilmembers present.
Mayor Carroll asked the applicant to come forward.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
close the public hearing, that the applicant agree to: a dress code on Friday nights, no
live entertainment on Friday night for a period of one month and to continue this item
for one month. The applicant agreed to the aforementioned conditions. The motion
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll
1 COUNCILMEMBERS: Jones
0 COUNCILMEMBERS: None
Councilmember Jones stated, for the record, that "1 still feel that the issues that are
going on over at the Via Maria do threaten the health, welfare and safety and security
of the community and that is why I continue to vote no and be opposed to this
project."
RECESS: Mayor Carroll recessed the meeting at 10:07 p.m. and reconvened the meeting,
with all Councilmembers present, at 10:12 p.m.
EXTENSION OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 86-17 FOR THE CONTINUATION
OF A VEHICLE STORAGE YARD (8882-86 WALKER STREET) AS AN ACCESSORY USE FOR CYPRESS
AUTO BODY: Mayor Carroll declared the public hearing open. The City Manager asked
the Community Development Director to summarize the staff report which represented
a request to extend an amendment to Conditional Use Permit No. 86-17 approved for
the continued use of the site as an accessory vehicle storage yard for Cypress Auto BOdy
on March 25, 1996 for a one year period. Cypress Auto Body is located on a
noncontiguous parcel at 8900 Walker Street. The operation adjacent to Cypress Auto
Body is the business' automotive assembly area located at 5510 Danny Avenue. TO date,
the Community Development Department has not received complaints regarding the
operation of the storage site for Cypress Auto Body. Staff feels that a maximum two
year extension is adequate since this use is adjacent to a residential zone. A condition
has been added requiring that slats be installed at the south portion of the chain link
fence to further conceal the vehicles from sight. The remainder of the automotive
business on the other two sites continues to operate as condition by the City Council. In
accordance with the California Environmental Quality Act, a Categorical Exemption will
be filed for this project. Notice of the public hearing was published, posted and mailed
to all property owners within a 300' radius of the site. As of the drafting of this report,
staff has not received written or oral comment. Subsequent to the preparation of the
report, a memorandum was prepared and the Community Development Director read
into the record, additional options on the action that the Council can take this evening.
"The City Council can extend for less than a two period although staff's recommendation
was for a two year period. Council can deny the extension then Cypress Auto Body
would need to be reviewed by staff to ensure that a parking problem does not occur.
Additional options are:
Approve for two years as the final extension and verbally notice the applicant
this evening that this would be the last extension and they need to curtail their
use, find another location for the entire use or find other alternatives.
o
Continue until April 14, 1997 because there will be an annual review of the other
two related conditional use permits for the actual auto body facility.
Deny the extension and enforce as necessary any code enforcement problems
that might arise at Cypress Auto Body or deny the extension and require, during
the April 1997 review, the other conditional use permits to be reconsidered for a
possible scaling back of the use."
Mr. Tom Rodriguez, Cypress Auto Body, 8882-86 Walker Street, Cypress, answered
questions from the Council on the length of time autos are stored, dismantling of autos,
and unlicensed and unregistered vehicles.
9
CITY COUNCIL MINUTES March 10, 1997
Mayor Carroll said he would rather have the amendment extended for one year rather
than two years.
Mayor Carroll asked if anyone was in support of the extension to the amendment. NO
one spoke. He then asked if anyone in the audience was opposed to the extension.
MS. Alice Sanstra, owner of the triplex behind the storage yard, said that her tenants
complain about the dust because the lot is not blacktopped. It is also very noisy
because of the cars going back and forth and because of the tow trucks and the fire
danger.
No one else wished to speak.
Mr. Rodriguez said that he had the storage lot graveled and there is not that much dust.
Responding to Councilmember Bowman, Mr. Rodriguez replied that if he owned the
property, he would probably pave the lot, but now he is on a month to month lease.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
close the public hearing, adopt the Resolution by title only, title as follows, extending
the amendment to Conditional Use Permit No. 86-17 for a one (1) year period.
RESOLUTION NO. 4768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AN
EXTENSION OF THE AMENDMENT TO CONDITIONAL USE PERMIT NO. 86~17 - WITH
CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
CONDITIONAL USE PERMIT NO. 97-3, REQUEST TO ESTABLISH A USED AUTOMOTIVE SALES LOT,
LOCATED AT 9060 WALKER STREET, CYPRESS: Mayor Carroll opened the public hearing. The
City Manager asked the Community Development Director to review the staff report
which represented a request to develop a used automotive sales lot at 9060 Walker
Street in the Commercial General Zone/Lincoln Avenue Redevelopment Project Area.
At this time, Councilmember Bowman stated that he would be abstaining on this item
and he left the dais.
The Community Development Director continued with her report advising that the site
is proposed to accommodate a maximum of 16 vehicles for display. A total of five
parking spaces are required for the use. The hours of operation are proposed from 9
a.m. until 7 p.m. seven days a week. The site will be illuminated continuously during
nighttime hours. A total of two employees will operate this site. The site is directly
across Bishop Street from Action Alignment, which has been approved for expansion
including the indoor sales of a maximum of six automobiles and will have the same
owner/operator.
The environmental analysis for this project reveals that the adjacent residential
properties could be impacted by this use unless these impacts are mitigated. Issues of
land use compatibility, traffic, illumination from lighting and disposal of water from the
maintenance of the vehicles have been thoroughly reviewed. In accordance with the
California Environmental Quality Act, a mitigated Negative Declaration has been
prepared.
The project was reviewed for compliance with the goals and objectives of the Lincoln
Avenue Redevelopment Plan.
While the proposed project does involve some physical improvements to the site,
overall the project would result in a very small office building with the majority of the
lot being used for customer/employee or display vehicles parking. NOtice of the public
hearing was published, posted and mailed to all property owners within a 300 foot
radius of the site. As of the drafting of this report, no oral or verbal comments have
been received. Given both the small size of the lot and its location adjacent to a
residential area and across from Action Alignment, staff does not find that the proposal
10
CITY COUNCIL MINUTES March 10, 1997
meets the goals and objectives of the Lincoln Avenue Redevelopment Plan and cannot
support the development of the proposed use at this location and recommended denial
of Conditional Use Permit NO. 97-3.
There are alternative actions and should the Council decide that redesigning the site is
needed, staff requests that this item be continued until such time as the applicant
chooses to resubmit a revised proposal.
The applicant, Nat Briganti, owner of ACtion Alignment, and the architect on the
project, H. D. Robson, approached the podium. Mr. Robson asked the Community
Development Department and the City Council to reconsider the denial of CUP 97-3
based upon the following information and clarification that he provided on lot size, site
illumination, driveways, income to the City and the Lincoln Avenue Redevelopment Plan.
He proposed a time period be placed on the conditional use permit for two to three
years. At that time, the permit could be reconsidered and he asked the Council to
consider their situation.
After a question and answer session between Council and the applicant, Mayor Carroll
asked the City Attorney about the feasibility of a permit for two or three years. The City
Attorney replied that if a permit is conditioned for a period of time, it will lapse if it
isn't revoked before the end of that period. The Community Development Director
mentioned that since the project is in a redevelopment area, the applicant needed to
be asked to waive any potential for relocation fees.
Mayor Carroll asked if anyone wished to speak in favor of the permit.
The following people, several customers of Action Alignment, spokein support of the
project.
Mr. Roberto Ramirez, Walker and Lime, Cypress
Mr. Frank Cardone, 9785 St. George Circle, Cypress
Ms. Jo Dutro, 10002 St. Stephen Circle, Cypress
Ed and Katie Flanders, no address given, Cypress
Mr. Duke DeKoven, owner of Duke and Duchess, 9071 Walker Street, Cypress
Mr. Charlie Steffey, 5611 Citrus Court, Cypress
Mr. Mark Conley, Cypress resident
Mr. Richard Rosen, no address given, Cypress
Ms. Anita Boylan, co-owner of the property directly south on Walker Street, Cypress,
commented that she had no objection to the car lot next to her property. She believed
it would be an asset and get rid of a derelict building. Business should be encouraged in
Cypress and she didn't feel that it is now.
No one spoke in opposition to the project.
Councilmember Jones commented that she appreciated all the people that spoke on
behalf of Mr. Briganti. She mentioned the neighbors that have come forward in
opposition to the expansion of Mr. Briganti's business due to the problems it created on
Bishop Street. She felt this was another opportunity to look at this particular use on
Walker Street adjacent to residential property and there are some incompatibility issues
with redevelopment and traffic. She continued to be concerned with the ingress and
egress of the property on Walker Street.
Councilmember Piercy commented that the property has been vacant for a long time.
She believed that a used car lot can be an asset, perhaps some parking arrangements
could be worked out. These parcels on Walker Street should become businesses with an
eight foot wall separating them from residential°
Mayor Carroll remarked that there are commercially zoned lots that abut residences and
they are all problems. The City wanted a long range look at these lots for a possible
change in zoning in advance of a project of this nature coming before Council.
Councilmember Keenan noted that the property is already being used as overflow for
the existing business. He perceives spillover from the existing business which does
suffer from a shortage of parking now. He commented that 11 of the 12 people who
spoke in favor of the project were customers; however, he expressed concern whether
this was the appropriate use. He had spoken to some of the neighbors who were both
for and against the project.
11
CITY COUNCIL MINUTES
March 10, 1997
Councilmember Jones read from the AUgUSt 26, 1996 minutes and felt that there be no
"for sale" cars stored outside.
Responding to Mayor Carroll, the Community Development Director explained the
recurring issues along the Lincoln corridor, which included this area, of businesses
spilling over onto adjacent properties and the compatibility.
Mayor Carroll advised that he was impressed when people spoke for a project and he
proposed that the City's relocation liabilities be waived, require a two year permit and
at least two more parking spaces required on the site.
Councilmember Jones asked the City Attorney to address the likelihood of being able to
do anything if the permit expired in two years. The City Attorney responded that if
there is a condition stating the business is operable for two years pursuant to the
conditional use permit, and if the applicant agreed, then technically speaking at the end
of the two years, the CUP lapses and the business is supposedly not in operation.
However, there's always the possibility of an enforcement problem.
Mr. Robson responded to some of the comments made by Councilmembers. The issue
of cars driving up and down the street from ACtion Alignment was addressed by the
Traffic Commission. They are waiting for approval of their plan checks and then the
building will be constructed and the storage problem resolved.
Due to the lateness of the hour, it was moved by Councilmember Keenan and seconded
by Councilmember Jones to continue the meeting past the hour of 11:30. The motion
unanimously carried by the following roll call vote:
AYES: 4 COUNCILMEMBERS:
NOES: 0 COUNCILMEMBERS:
ABSENT: I COUNCILMEMBERS:
Jones, Keenan, Piercy and Carroll
None
Bowman
Mr. Briganti reported that Barry Cannata, a neighbor, came to his shop with a concern
about the 24 hour lighting, it was explained and Mr. Cannata told him he didn't have a
problem with the project. He also had another neighbor to whom he explained the
project and appeared to be satisfied. The waiver of potential relocation liability, a two
vear CUP and two extra parking spaces.
In response to Councilmember Keenan, Mr. Robson said they have looked at other
locations and the cost is prohibitive.
Councilmember Jones urged the Council to consider if this is the type of business the
Council desires on Walker Street and to take a position.
Councilmember Piercy said there are businesses on Walker Street, they are not going to
disappear and change entirely. She believed that this project is compatible with the
other business on Walker Street.
Mayor Carroll stated that he does want a higher use of the property and an avenue of
escape if a higher use is found.
After additional discussion, Councilmember Jones asked the City Attorney what happens
if the vote is two-two. The City Attorney responded that if the motion is to approve the
resolution and it is a two-two vote, there is no approval. It's not a denial or an approval,
it is a lack of a majority. If there is a two-two vote, there's no decision made on behalf
of the Council on the application. With respect to Councilmember Bowman abstaining,
his vote doesn't count at all as a yea or nay.
It W;tS moved bv Councilmember Jones and seconded bv Councilmember Keenan to
close the public hearing and adopt the resolution by title only, title as follows, denying
Conditional Use Permit No. 97-3. Councilmember Jones said she felt that the project was
not compatible with the area and too intense a commercial use adjoining residential
property and would not serve the City in the long run in moving in the direction
towards better and higher uses. The motion died due to the lack of a majority vote.
AYES:
NOES:
ABSENT:
ABSTAINED:
2 COUNCILMEMBERS: Jones and Keenan
2 COUNCILMEMBERS: Piercy and Carroll
0 COUNCILMEMBERS: None
I COUNCILMEMBERS: Bowman
12
CITY COUNCIL MINUTES March 10, 1997
Councilmember Bowman asked the City Attorney if a Councilmember could not vote on
the issue, could that Councilmember go into the audience and speak on the issue. The
City Attorney replied in the affirmative. Councilmember Bowman mentioned the other
items on the agenda that will be discussed that may resolve some of the issues
approached at this meeting.
After further discussion on the vote and the disposition of the application, the City
Attorney advised the applicant he could request the project come before the Council
again in which case the Council could make a motion to approve the project. The
Community Development Director clarified that the applicant wouldn't have to refile
but submit a letter requesting a rehearing. The item would have to be renoriced, which
would take 30 days. Subject to the comments made by the City Attorney and, hearing
no objections, the Mayor declared the Public Hearing closed.
RECESS: Mayor Carroll recessed the meeting at 11:50 p.m. and reconvened the meeting
at 11:55 p.m. with all Councilmembers present.
CONDITIONAL USE PERMIT NO. 96-18/TENTATIVE PARCEL MAP NO. 96-192, SUBDIVIDING ONE
PARCEL INTO TWO PARCELS AND CONSTRUCTING A 134 UNIT, THREE STORY HOTEL
DEVELOPMENT, AT THE SOUTHWEST CORNER OF VALLEY VIEW STREET AND CORPORATE
AVENUE, CYPRESS: Mayor Carroll opened the public hearing and reported that he has
spoken with Mr. Bradley Griggs in discussing the pamphlet on the project. The City
Manager asked the Community Development Director to present the staff report. She
passed out a list of revised conditions to the Council which deleted Condition No. I of
CUP NO. 96-19 and Condition NO. 3 for Tentative Parcel Map NO. 96-192 and modified
Condition No. 2 tO read, "Upon separate ownership of parcels reciprocal easements shall
be recorded and agreements filed with the City governing joint use and maintenance of
drive approaches, drainage, onsite parking, irrigation system, etc., if applicable." and
Condition No. 49 for Conditional Use Permit 96-19 is now modified to read, "Occupancy
within no more than 20 hotel rooms shall be permitted to exceed a 30 day period per
calendar quarter. Prior notification to the City shall be required for any additional stays
beyond 30 days in the remaining hotel rooms. The applicant shall make the guest
register and all necessary records available for monitoring by City staff." She continued
with the presentation of the report which represented a request to subdivide a 3.9 acre
parcel into two parcels and construct a 134 unit three story hotel on the southern most
parcel located at the southwest corner of Valley View Street. The property containing
the hotel will be located approximately 235 feet south of Corporate Avenue. The corner
parcel will remain undeveloped and available for future business park compatible
development. Staff has reviewed this proposal and found that the project complies
with all of the development standards as set forth in the Cypress Zoning Code and the
Cypress view Limited Specific Plan, including building setbacks, site coverage and
required parking. In accordance with the requirements of the California Environmental
Quality Act, a Negative Declaration will be filed for this project. Notices of the public
hearing were posted, published and mailed to all property owners within 300 feet of
the subject property. TO date, staff has not received any comments regarding this
request.
Staff contracted with the firm of Williams Kuebelbeck and Associates for the
preparation of a Fiscal Impact and Market Feasibility Study. The study concluded that
sufficient demand should exist by the year 2000 and possibly sooner, depending upon
business growth within the Cypress Business Park. The fiscal benefit the project would
have on the City would be an estimated increase in Transient Occupancy Tax of
approximately $175,000 after the first year of stabilized occupancy and increasing
thereafter.
Councilmember Bowman asked for a site plan, the elevations and the floor plans.
Mr. Brad Griggs, Vice President of Homestead ~illage, Inc., 184 Technology Drive, Irvine,
thanked staff for their help. He had several people with him to answer any questions
from the Council. He briefly provided the Council with the salient points of the
proposed project, with graphics. The hotel business is thriving and Cypress is one of the
top three markets identified. They have projects located throughout the major
employment areas in the U.S. They own and operate their hotels and he described what
amenities the hotel had available for their clients. He believed the architecture was
compatible with the surrounding area.
At this time, Mayor Carroll asked the City Manager which agenda items needed to be
addressed this evening and then to continue the others. The City Manager advised that
13
CITY COUNCIL MINUTES March 10, 1997
staff would recommend that Council consider Approval of County Landfill Usage
Agreement and Franchise Hauler Agreement, Request for Support of Cypress High
School's Grad Nite, Request from the Arthritis Foundation for a Waiver of Fees for the
Third Annual Mini Grand Prix and for City Council Determination that Requested
Amusements are Accessory to the Mini Grand Prix and Consideration of Commercial
Warrant List for Warrants NO. 25049 - 25223.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to hear
the aforementioned items this evening and continue the following items to the City
Council meeting of March 24, 1997.
Adoption of Resolution to Authorize the City Council to Review Confidential
Records Relating to Sales and Use TaX Information From the State Board of
Equalization.
Discussion of Auto-related Uses Within the Lincoln Avenue Specific Plan Overlay
Area.
Agreement With the Orange County Transportation Authority (OCTA) to Exchange
City General Funds for OCTA Gas Tax Revenues.
Council Review of Current Noncommercial and Political Sign Ordinance.
Schedule Oral Interview Session for Appointments to the Traffic Commission and
the Cultural Arts Commission.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS:
0 COUNCILMEMBERS:
0 COUNCILMEMBERS:
Bowman, Jones, Keenan, Piercy and Carroll
None
None
Continuing with the hearing on Conditional Use Permit No. 96-18 and Tentative Parcel
Map No. 96-162, Mr. Griggs said that Homestead puts a lot of time and effort into their
projects and are very proud of what they offer. He then introduced Mr. Bart Howard.
Mr. Howard, Regional Operations Director in California for Homestead Village,
commented that he had researched the demand generators of the Cypress market and
found that there is a substantial existing demand for an extended stay lodging facility in
Cypress at this time. The demand has increased significantly recently, availability has
decreased and rates have increased dramatically. They fully intend on becoming active
members of the Cypress community, attending and supporting all functions.
Mr. Griggs then introduced Mr. Rick Gaede and said that Mr. Gaede would provide a
perspective that was very unique.
Mr. Rick Gaede, 9431 Julie Beth Street, Cypress, stated that the primary source of hotel
business was the commercial traveler. In his opinion, Cypress was ready for a true long
term stay property and there is a great need for them.
Mr. ROy Cato, 569 S. Marengo Avenue, So. Pasadena, explained that he has been selected
by Homestead to be their national landscape architect as well as evaluate their projects
in California. Homestead is committed to spending quite a bit of money to create an
environment conducive to home-like atmosphere.
After some discussion, Councilmember Jones asked that the larger trees represented by
the landscape architect be required.
Councilmember Bowman asked if there was an tenant occupancy tax (TOT) after 30 days
and the Finance Director responded that there was not. Councilmember Bowman
expressed concern about controlling a situation where these units may become
apartments. The Finance Director advised that there was a condition that stays for
more than 30 days be limited to 20 rooms and there are other conditions imposed by
the Specific Plan. Councilmember Bowman suggested that the tenant occupancy tax be
continued for the duration of the tenancy rather than stopping at 30 days. The City
Attorney responded that both the City ordinance and State law limits the City to
collecting TOT tax for 30 days and does not grant the authority to collect anything in
14
CITY COUNCIL MINUTES March 10, 1997
excess of 30 days. He recommended limiting the number of rooms and maintain a
monitoring system.
Mayor Carroll asked if anyone wished to speak in support of the application.
Mr. George Briggeman, Briggeman Disposal, spoke about the possibility of retaining Rick
Gaede in the community because he has been a big asset to this City.
No one else wished to speak.
Councilmember Keenan spoke about the importance of a sidewalk along Corporate
Avenue and asked that a sidewalk be installed. The applicant agreed to install the
sidewalk.
It was moved by Councilmember Bowman and seconded by Councilmember Piercy to
close the public hearing, certify the Mitigated Negative Declaration and mitigation
monitoring program in accordance with the requirements of the California
Environmental Quality Act (CEQA) and adopt the Resolutions by title only, title as follows,
approving Conditional use Permit No. 96-18 and Tentative Parcel Map NO. 96-162, subject
to conditions, including the sidewalk, landscaping and the modification of Conditions
No. 2 and 49, which were received this evening.
RESOLUTION NO. 4769
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING
CONDITIONAL USE PERMIT NO. 96-18 - WITH CONDITIONS.
RESOLUTION NO. 4770
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE
PARCEL MAP NO. 96-192 - WITH CONDITIONS.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
DEFERRED BUSINESS:
APPROVAL OF COUNTY LANDFILL USAGE AGREEMENT AND FRANCHISE HAULER AGREEMENT:
The City Manager asked the Recycling Coordinator, Jamie Herbon, to present the staff
report which reported that the County of Orange has determined that it will consider
selling off the County's landfills to a private owner/operator if a sufficient number of
cities do not enter into exclusive disposal agreements which assure the County of
capturing at least 83% of in-county generated solid waste. The City of Cypress has an
exclusive hauler agreement with Briggeman Disposal in which the City does not
specifically direct the facility to which municipal solid waste is taken for disposal.
Cypress' hauler agreement establishes rates using a formula which, in part, relies upon
County landfill per ton disposal rates. The issue for consideration is whether the City
Council is interested in directing staff to attempt to enter into an exclusive landfill
agreement with the County, and seek to reach an agreement with Briggeman Disposal
that would direct all municipal solid waste to a County landfill. Staff recommended that
the Council approve the landfill agreement subject to reaching agreement with
Briggeman Disposal to participate. Failure to take the recommended action may legally
preclude the City from imposing the lower County rate, and therefore, subject rate
payers to the higher "Posted DiSposal Rate."
Mr. George Briggeman, Briggeman Disposal Services, Inc., said that he and the City
Manager have discussed this over several months. Basically, the franchise agreement
says the City has a guarantee as far as the user rate reflecting the $22 per ton tipping
fee regardless of what disposal site Briggeman will end up using. He hopes to have a
decision for the City by tomorrow. He didn't see a problem with executing the
acknowledgement at a date past the March 31 deadline but he felt it would be finalized
prior to that time.
It was moved by Councilmember Jones and seconded by Councilmember Carroll to:
15
CITY COUNCIL MINUTES
March 10, 1997
Approve the Waste Disposal Agreement between the City of CvPress and the
County of Orange subject to an agreement between Briggeman Disposal Services,
Inc. and the City of Cypress to amend the existing commercial and residential
franchise agreements by adding the Franchise Hauler Acknowledgment as an
addendum;
Authorize the Mayor to sign the Franchise Hauler Acknowledgment if agreed to
by Briggeman Disposal Services, Inc; and
o
Authorize the Mayor to sign the Waste Disposal Agreement if the Franchise Hauler
Acknowledgment is agreed to by Briggeman Disposal Services, Inc.
The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
NEW BUSINESS:
REQUEST FOR SUPPORT OF CYPRESS HIGH SCHOOL'S GRAD NITS: The City Manager presented
the staff report to which was attached a communication from Shonna Mitchell,
Chairman of Cypress High School's Grad Nite Committee, requesting financial support. In
the past the City Council directed that funds be made available to all the high schools
serving the residents of the City on a pro rata basis if requests were received.
Ms. Viki Conde, 11301 Anegada Street, Cypress, thanked the City and the D.A.R.E. program
for their support throughout the years and was appreciative of the fact that they could
call upon the City again for their support.
It was moved by Councilmember Jones and seconded by Councilmember Keenan to
approve the $1,000 donation from the Asset Seizure Fund to Cypress High School's Grad
Nite and appropriate $500 from the City's unreserved General Fund fund balance to
Account No. 4163-11-117-02 (Contributions to Other Agencies). The motion unanimously
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
REQUEST FROM THE ARTHRITIS FOUNDATION FOR A WAIVER OF FEES FOR THE THIRD ANNUAl
MINI GRAND PRIX AND FOR CITY COUNCIL DETERMINATION THAT REQUESTED AMUSEMENTS ARF
ACCESSORY TO THE MINI GRAND PRIX: The Community Development Director summarized
the staff report which represented a request from the Southern California Chapter of
the Arthritis Foundation for the waiver of all fees associated with the Third Annual Mini
Grand Prix to be held on Saturday, April 5, 1997. The applicant is also requesting a
determination that additional amusements are accessory to the Mini Grand Prix and
would not constitute a carnival. In addition to the four children's amusements
approved for last ¥ear's event, the applicant is proposing the addition of a 40 foot slide,
small health fair and "micro brew" beer tasting pavilion for this year's event. The
applicant is requesting a determination from the City Council whether the additional
amusements can still be considered a carnival.
Responding to Councilmember Jones, the Chief recommended that there be a beer
garden where the beer is purchased and consumed within a specific area and it is up to
the Mini Grand Prix to monitor the consumption. The license will be issued by the ABC
and will fall under all their rules and regulations.
It was moved by Councilmember Keenan and seconded bV Councilmember Piercv to:
Grant the request to waive the Temporary Use Permit (T.U.P.) fee of $50.00, and
all Building Permit and Public Works fees for this event, consistent with Council
policy regarding nonprofit organizations;
Determine that the requested amusements are accessory to the Mini Grand Prix
event and that the type of amusements be limited to those listed in the request
letter; and
16
CITY COUNCIL MINUTES March 10, 1997
3. Direct staff to process the request as part of the Temporary Use Permit for the
Mini Grand Prix event.
The motion unanimously carried by the following roll call vote:
AYES: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 25049 - 25223: It was
moved by Councilmember Bowman and seconded by Councilmember Piercy to approve
the Commercial Warrant List for Warrants No. 25049 through 25223 in the amount of
$686,877.40. The motion unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll
0 COUNCILMEMBERS: None
0 COUNCILMEMBERS: None
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex-Officio
Governing Board of Directors. No discussion was held.
CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the
Cypress Redevelopment Agency. NO discussion was held.
ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. No one spoke.
WRITTEN COMMUNICATIONS: For Matters Not on the Agenda. None were presented.
ADJOURNMENT: Mavor Carroll adjourned the meeting at 1:15 a.m. to 4:30 p.m., Mondav,
March 24, 1997 in the Administrative Conference ROOm.
ATTEST:
MAYOR OF THE CITY OF CYPRESS
CITY CLERK OF THE CITY OF CYPRESS
17