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Minutes 97-07-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JUly 28, 1997 The Regular Meeting of the Cypress City Council was called to order on Monday, July 28, 1997 at 5:30 p.m., in the Senior Center Conference Room, 9031 Grindlay Street, Cypress, Mayor Tom Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Jones, Keenan, Piercy and Carroll None Also present were the City Manager, Acting City Attorney and staff members Christoffels, DeCarlo, Kelly, Krauss and Storey. JOINT MEETING WITH THE ANAHEIM UNION HIGH SCHOOL DISTRICT'S BOARD OF TRUSTEES. All members of the Anaheim Union High School District's Board were present, except Board Member R. A. McGee. Also present were Superintendent Dr. Janice Billings and staff. DiSCUSSiOn of Long-term Plans for the Oxford School Site and Other School District Sites. DiSCussions were held between the Council and Board on the various options for long- term plans for the Oxford School site and other school district sites. There are many options which could include a partnership with Cypress College, specialized schools, such as, science and technology, performing arts, renaissance or magnet schools. They mentioned that the relationship has been extremely good between the District and the City. It was suggested the Council and citizens attend a Board meeting to indicate to them what the citizens want. They announced that this will be the last school year that Brethren Christian will occupy the site. Mayor Carroll asked the Board to sincerely consider all options. The School District is taking Oxford back because of the number of children coming into the District and it is unlikely that it will be leased to another private school. Discussion of Joint Use Agreements and Cooperative Efforts: The Board made assurances to the City Council that all agreements for the use of the playing fields at Oxford and Lexington will remain as it is. The scheduling of events at the Oxford site will continue to be handled by the Park and Recreation District. RECESS: Mayor Carroll recessed the meeting at 6:20 p.m. to enable the Council to continue their meeting in the City Council Chamber, 5275 Orange Avenue, Cypress. The meeting reconvened at 6:35 p.m., with all Councilmembers present. Also present were the City Manager and Acting City Attorney. CLOSED SESSION: Mayor Carroll immediately recessed the meeting to allow the Council to enter into a Closed Session to discuss the agendized item of Public Employee Appointment (Government Code Section 54957), City Attorney. The meeting reconvened at 7:03 p.m., with all Councilmembers present. Also present were City Manager Mark Ochenduszko, Acting City Attorney Betty Burnett and staff members Christoffels, DeCarlo, Kelly, Krauss and Storey. PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Keenan. REVIEW OF CLOSED SESSION/WORKSHOP AGENDA The City Manager summarized the discussions held during the Workshop Session in a joint meeting with the Anaheim Union High School District's Board of Trustees regarding plans for the Oxford School site and joint use agreements. The City Manager reviewed events during Closed Session on public employee appointment, City Attorney, and the item is on the Agenda. ORAL COMMUNICATIONS: Ms. Mary Griffin, 6882 Reefton Avenue, Cypress, issued a complaint against a nuisance house in her neighborhood and their vicious dogs that have killed her cat and she is worried about them attacking her children. She asked the City to assist in ridding the neighborhood of these dogs. CITY COUNCIL MINUTES JUly 28, 1997 Mayor Carroll asked the City Manager to follow up on this situation to determine what can be done. The City Manager advised that staff and the Police Department are working on it. Mrs. Mary Crowder, 6881 Reefton Avenue, Cypress, previousIv had reported that a dog had bitten her granddaughter in the park. The neighbor is not responsible enough to take care of the animals. She believed the property was a health hazard and the Police Department should be involved. Responding to IVlayor Carroll, the City Manager will provide the Council with the City's Ordinance on confining dogs. The Acting Police Chief provided an update on the Cypress Civilian Patrol, for which ten people will be interviewed this week, the first training session will be conducted in September and the program started bv November 1. AWARD OF CONTRACTS: GRAFFITI REMOVAL CONTRACT: The City Manager asked the Public Works Director to present the staff report regarding the graffiti removal services provided by the San Gabriel Valley Boys and Girls Club, whose contract expires on July 31, 1997. Although their response time has been excellent, staff has been receiving complaints about their inability to color match the block walls when painting over the graffiti. Staff has looked at alternative contractors to address this issue, but most were cost prohibitive or provided poor quality work. However, one contractor, C. H. Painting, does appear to meet the City's needs at a rate comparable to that of the San Gabriel Valley BOyS and Girls Club. It was moved by Councilmember Jones and seconded by Councilmember Keenan to award the City's Graffiti Removal Contract to C. H. Painting, 433 W. Aster, Upland, California 91786, for a two year period beginning August 1, 1997 and terminating July 31, 1999. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCLMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None APPROVAL OF PROJECT SPECIFICATIONS AND AWARD OF CONTRACT FOR CYPRESS HIGH SCHOOL DRIVEWAY MODIFICATION, PUBLIC WORKS PROJECT NO. 9719: The Public Works Director referred to the staff report which described the modification of the main driveway to Cypress High School. Currently, the driveway is two way and the District has agreed to make the driveway an entrance only and the City has agreed to install an exclusive right turn pocket leading into the entrance. The median island will be modified to make left turns easier. With the proposed changes, staff believes that the traffic flow will be much smoother. In order to expedite construction of the project before school starts at Cypress High School in September, staff is concurrently submitting the specifications for approval and awarding a construction contract for which seven bids were received. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to: 1. Approve the project specifications for Public Works Project NO. 9719; o Determine the lowest responsible bidder for Public Works Project NO. 9719 to be E&M Constructors, Co., P.O. Box 922306, S¥1mar, California 91392; and o Award a contract for the Cypress High School Driveway Modification to E&M Constructors Co. in the amount of $41,750.00 (award amount of $37,955.00 plus 10% contingency). The motion unanimously carried bv the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None ANNUAL CURB, GUTTER, AND SIDEWALK MAINTENANCE CONTRACT, PUBLIC WORKS PROJECT NO. 9636: The Public Works Director, as requested by the City Manager, summarized the staff report, which indicated that nine bids had been received for the award of contract for the annual maintenance of the City's curbs, gutters and sidewalks. The last contract with J.H. Rentals, Inc. was terminated on June 6, 1997 due to the company's failure to comply. Staff will be awarding a contract for $200,000, but asking that Council allow the contract CITY COUNCIL MINUTES JUly 28, 1997 tO ascend to not to exceed $300,000, should additional monies become available during the year. It was moved by Councilmember Keenan and seconded by Councilmember Jones to award the City's annual Curb, Gutter and Sidewalk Maintenance Contract to S.J. Burkhardt, Inc., 6157 Marlart Street, Mira Loma, California 91752, in an amount not to exceed $3OO,OOO. Responding to Councilmember Bowman's query, the Public Works Director advised that surety bonds are a requirement for protection against default. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None APPROVAL OF PROJECT SPECIFICATIONS AND AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF ORANGE AVENUE FROM WALKER STREET TO BLOOMFIELD STREET, PUBLIC WORKS PROJECT NO. 9725: At the request of the City Manager, the Public Works Director summarized the staff report, which recommended approval of the project specifications and the award of contract for the pavement rehabilitation of Orange Avenue from Walker Street to Bloomfield Street for which seven bids were received. In order to expedite construction of the project before school starts at Lexington Junior High, staff is concurrently submitting the specifications for approval and awarding a construction contract primarily for the removal and replacement of damaged asphalt pavement and construction of asphalt concrete overlay. It was moved by Councilmember Jones and seconded by Councilmember Piercy to: 1. Approve the project specifications for Project NO. 9725; Determine the lowest responsible bidder for Public Works Project No. 9725 to be CalMat Co., d.b.a. Industrial ASphalt, 1357 W. Foothill Blvd., Azusa, California 91702; and Award a contract for Pavement Rehabilitation of Orange Avenue from Walker Street to Bloomfield Street to CalMat Co., d.b.a. Industrial Asphalt, in the amount of $236,528.73 (award amount of $205,677.16 plus 15% contingency). The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None INSPECTION SERVICES CONTRACT FOR THE PAVEMENT REHABILITATION OF ORANGE AVENUE FROM WALKER STREET TO BLOOMFIELD STREET, PUBLIC WORKS PROJECT NO. 9725: The Public Works Director presented the staff report which recommended an award of an inspection services contract for the pavement rehabilitation of Orange Avenue from Walker Street to Bloomfield Street. Four proposals were received from engineering firms qualified to perform the inspection services. It was moved by Councilmember Pierc¥ and seconded by Councilmember Jones to award a contract for construction inspection services to WRG & Associates, 33560 Tamerron Way, Wildomar, California 92595, for Project No. 9725, for a fee not to exceed $14,240.00. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercv and Carroll None None MARKET OPPORTUNITIES ASSESSMENT AND FINANCIAL INCENTIVES PLAN FOR THE LINCOLN AVENUE SPECIFIC PLAN AREA: At the request of the City Manager, the Community Development Director reviewed the staff report, which advised that a Request for Proposal was issued to three firms to ensure that the City receives a competitive price for the economic/market study. The study is an effort to evaluate the market viability of the land use recommendations embodied in the draft Specific Plan and to determine the appropriate mix of uses, including the amount of auto-related uses. Councilmember Jones suggested that the Council wait before commencing the second phase (financial incentives) of the project so Council could meet and evaluate the findings 3 CITY COUNCIL MINUTES July 28, 1997 of the first phase. Mayor Carroll suggested that the award be in two parts and the second, the Financial Study, could be canceled at the City's option. It was moved by Mayor Carroll and seconded by Councilmember Jones to award to Keyser Marston Associates, Inc. (KMA), 500 South Grand Avenue, Suite 1480, Los Angeles, California 90071, with the study to be in two parts. The second phase, the financial incentives plan, as an option. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Mayor Carroll asked that Item NO. 18, Approval of Contract for City Attorney Services, be removed. Councilmember Keenan requested Item No. 14, Design Review Committee's Approval of DRCS Nos. 97-16, 97-18 and 97-21, be pulled. Councilmember Jones asked for the removal of Item No. 11, Approval of Plans and Sign Specifications and Authorization to Advertise for Bids for Public Works Project NO. 9726, from the Consent Calendar. It was moved by Councilmember Bowman and seconded by Councilmember Jones to approve the Consent Calendar Items No. 7 through 19, excluding Items No. 11, 14 and 18. 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 Item No. 7: Motion tO Approve City Council Minutes of June 27, 1997, July 14, 1997, and July 16, 1997. Recommendation: That the City Council approve the Minutes of the Adjourned Regular Meeting of June 27, 1997, the Regular Meeting of July 14, 1997, and the Adjourned Regular Meeting of July 16, 1997, as submitted, with Council Members Bowman and Piercy abstaining on the June 27, 1997, due to their absence. Item No. 8: MOtion to Introduce and/or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 9: Application for Alcoholic Beverage License Transfer Filed by Ramzi Suheil Gregory, Suheil Anastas Gregory, and Rania Suheil Gregory, D.B.A. Eddie's Liquor, 5004 Ball Road, Cypress. Recommendation: Receive and file. Item NO. 10: Acceptance of Parcel Map NO. 96-110, Property Located at Southeast Corner of Katella Avenue and Valley View Street. Recommendation: That the City Council approve Final Parcel Map No. 96-110, and authorize the City Clerk to sign the Record Map. Item No. 12: Request from Su Casa for the Waiver of a Temporary Use Permit Fee for a Banner Advertising the Organization's 7TM Annual Golf Tournament. Recommendation: That the City Council grant the request to waive the $50.00 Temporary USe Permit fee. Item No. 13: Employment List- Court Liaison Assistant. Recommendation: Receive and file. Item NO. 15: Monthly Investment Program for the Month of June 1997. Recommendation: Receive and file. Item No. 16: A Resolution of the City of Cypress to Recognize the Change in Fire Services Provided to City From Orange County Fire Department to the Orange County Fire Authority, to Maintain Existing Administrative Services Under the Orange County Fire CITY COUNCIL MINUTES July 28, 1997 Authority, and to Continue City Processing Fees Therefore, and Repeal Resolution No. 3943. Recommendation: That the City Council adopt the Resolution by title only, title as follows, which repeals existing Resolution No. 3943, recognizing that the Orange County Fire Department is now the Orange County Fire Authority, and maintains existing administrative services by the City of Cypress to the Orange County Fire Authority. RESOLUTION NO. 4827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, TO RECOGNIZE THE CHANGE IN FIRE SERVICES PROVIDED TO CITY FROM THE ORANGE COUNTY FIRE DEPARTMENT TO THE ORANGE COUNTY FIRE AUTHORITY, TO MAINTAIN EXISTING ADMINISTRATIVE SERVICES UNDER THE ORANGE COUNTY FIRE AUTHORITY, AND TO CONTINUE CITY PROCESSING FEES THEREFORE, AND REPEAL RESOLUTION NO. 3943. Item No. 17: Attendance to the League of California Cities' Economic Development and Downtown Revitalization Conference. Recommendation: That the City Council authorize the attendance of any interested Council Members to the League of California Cities' Economic Development and Downtown Revitalization conference, to be held on August 21 - 22, 1997, at the Newport Beach Marriott Hotel, and be reimbursed for all actual and necessary expenses incurred. Recreation & Park District Matters: Item No. 19: Appropriation of Community Development Block Grant Funds to the Cypress Recreation and Park District's Arnold/Cypress Park Renovation Capital Improvement Project. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve the following: 1) Approve an increase of estimated revenues from Community Development Block Grant (CDBG) in the miscellaneous grant account #3525-12-999-99 in the amount of $82,520. (There is $25,000 already budgeted in the FY 1997-98 budget.); and 2) appropriate $107,520 from the unreserved fund balance of the Cypress Recreation and Park District General Fund to account #4186-12-504-29. Regarding Item No. 11, Approval of Plans and Sign Specifications and Authorization to Advertise for Bids for Public Works Project NO. 9726, Pavement Overlay of Various Residential Streets, Councilmember Jones asked the Public Works Director to provide a brief description of the area. The Public Works Director said that the City will be paving all the residential streets that lie south of Cerritos, north of Katella, excluding the Business Park, west of KnOtt Avenue and east of Valley View. It was moved by Councilmember Jones and seconded by Councilmember Piercy to: 1) Approve the specifications for the Pavement Overlay of Various Residential Streets, Public Works Project No. 9726; and 2) Authorize City staff to advertise the project for bids. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None With regard to Item No. 14, Design Review Committee's Approval of DRC #97-16 - Install Two Freestanding Awnings at Action Awnings, Inc., 5921 Lakeshore Drive; DRC #97-18 - Modify Planned Signing Program at Tower Business Center, 5241 Lincoln Avenue; DRC #97- 21 - Install Freestanding Sign for Love's Restaurant, 5735 Lincoln Avenue, Councilmember Keenan had questions on (b) and (c) and on (b) the Community Development Director advised that the Tower Business Center sign was substantially different, roof mounted, more visible and larger. On (c), Councilmember Keenan asked if the size of the sign would be substantially different and the Community Development Director responded that it was a pole sign and smaller than the former sign. It was moved by Councilmember Keenan and seconded by Mayor Carroll to adopt the Resolutions by title only, titles as follow, approving DRC #97-16, DRC #97-18 and DRC #97-21 - with conditions. RESOLUTION NO. 4828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-16 - WITH CONDITIONS. CITY COUNCIL MINUTES JUly 28, 1997 RESOLUTION NO. 4829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-18 - WITH CONDITIONS. RESOLUTION NO. 4830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-21 - WITH CONDITIONS. With regard to Item No. 18, Approval of Contract for City Attorney Services, Mayor Carroll explained the process undertaken to employ the services of a City Attorney. He announced that the firm chosen was Rutan & Tucker who will begin August 18. The City Attorney is William Wynder, who is a resident of the City of Cypress. It was moved by Mayor Carroll and seconded by Councilmember Keenan to approve the contract as submitted. 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 END OF CONSENT CALENDAR PUBLIC HEARINGS: CONDITIONAL USE PERMIT NO. 96-8, ANNUAL REVIEW OF TEMPORARY STORAGE OF AN EQUIPMENT AND VEHICLE STORAGE YARD, LOCATED AT 4912 LINCOLN AVENUE: The City Manager announced that a late communication had been received from the applicant advising that there is no longer a need for temporary storage and he wished to withdraw this item. REVIEW OF LIVE ENTERTAINMENT PERMIT FOR THE VIA MARIA RESTAURANT, 9979 WALKER STREET, CYPRESS: Mayor Carroll opened the public hearing. The City Manager asked the Acting Police Chief to present the staff report which described the events which led to the temporary suspension of the live entertainment permit, directing that a public hearing be conducted and subsequent action by the City Council. On April 28, 1997, the City Council approved the continuation of the Live Entertainment Permit, which included entertainment on Friday nights, subject to conditions proposed by the owners of Via Maria. Since the inclusion of the conditions, the owner of the Via Maria has made a sincere effort to comply with all the conditions. Calls related to noise have continued and generally can be attributed to an open door or window. This is an area that should continue to be a top priority with the owner of Via Maria. Councilmember Jones asked if it would be possible to amend the hours of live entertainment. The Community Development Director advised that those hours could be limited and not interfere with the Conditional Use Permit. Mr. Paul Blumenfeld, owner of Via Maria, advised the Council that everything has been good and he volunteered to answer any questions. Responding to Councilmember Jones, Mr. Blumenfeld said his hours of operation were 11 a.m. to 1:30 a.m.. He referred to the noise concern and advised that a volume control button has been installed on the system. Sgt. Dickson, Cypress Police Department, reported that a lot of effort has been expended in an attempt to resolve the problems that had occurred. He monitors the activity at Via Maria through the week, including Friday nights to and after closing time. He has met with the owner frequentIv throughout the weeks. The owner has complied with the conditions imposed at the April 28, 1997 Council meeting. Sgt. DicksOh'S concern was the closing time noise level and it probably takes about 15 minutes to clear the parking lot. Ne then answered questions from the Council. Councilmember Jones expressed concern about the cost to the City for police presence at the site and if it were an unusual cost. The City Manager responded that a specific cost analysis has not been done on the monitoring of this situation. Councilmember Jones asked if the calls became excessive, was there some way to implement a charge for excessive calls. The City Manager answered that there could be a distinction made between general and specialized law enforcement where a fee could be imposed community-wide. The Acting City Attorney advised that the business is supposed CITY COUNCIL MINUTES July 28, 1997 to be providing a security plan under the ordinance. If there are extraordinary costs to the police department, she didn't see any reason why the actual costs to the Police Department could not be passed onto the business. Mayor Carroll asked if anyone wished to speak in opposition to the renewal of the live entertainment permit. Mr. Dan Garvey, Barcelona Lane, Cypress, presented a petition signed by 71 people who live in and around Via Maria, all of them requesting the City not to renew the Live Entertainment Permit. There is a need to look at the noise problems, there is no reason for that to continue and most of the neighbors have tried very hard to live with Via Maria. They would like the Council to pay attention to the homeowners because they feel they are being ignored and renewing the permit will only prolong the problem. Mayor Carroll asked Mr. Garvey to relate the most recent unpleasant experience he had with Via Maria. Mr. Garvey replied that he does not have any particular problems, it is the neighbors across the street that he was concerned about. At this time, the Mayor asked if anyone wanted to speak in support of the renewal of the live entertainment permit. Ms. Mary Crowder, 6882 Reefton Avenue, Cypress, said there are going to be various problems no matter what is done and the businesses can't be closed down to satisfy everyone. Ms. Jane Wozniak, 4480 Avenida Granada, Cypress, concurred and stated that if every business is closed down because of a problem, there wouldn't be any left. Via Maria has had live entertainment and dancing for years. Mr. Ray Wozniak, 4480 Avenida Granada, Cypress, stated he had contended with the dust and dirt from Sorrento for ten years. People put up with things to live in a city that is balanced and he didn't believe that Via Maria caused any more problems than a lot of other business. The Mayor again called for comment in opposition to the renewal of the permit. Ms. Susan Linde, 9845 Joel Circle, Cypress, commented that the Council has been very supportive of the business community. She mentioned the request for a live entertainment permit in a business complex, which was turned down. Via Maria is in the middle of a residential area. The City should look at specific areas where live entertainment is allowed. Ms. Deborah Strom, 10011 St. Agnes Circle, Cypress, said she has spoken to the Council on this issue before. She signed the petition and no one talked her into it. She spoke about a Councilmember holding a victory party at Via Maria and if it could be considered a perceived conflict of interest. The City Attorney replied in the negative. Ms. Paula English, 5975 Suva Street, Cypress, asked if there were any other business in Cypress where a liaison police officer was involved. The City Manager was not aware of any other business where the City has had the level of presence as at Via Maria. The Acting Police Chief responded that it is not uncommon for the Police Department when there is an identified safety issue, to establish a liaison officer to work with the involved parties. Mr. Don Wesling, 11431 Anegada Street, Cypress, said that when 71 people sign a petition, there must be something wrong. IVlr. Glen McClintock, Spruce Court, Cypress, said that practically every weekend Via Maria does wake him up and the neighbors don't appreciate the loud noise. He asked Council to help. Responding to the Mayor, Mr. McClintock said that the measures imposed a few months ago have helped but it is still a problem. Responding to Councilmember Jones' question on noise standards for live entertainment, the City Manager replied that the same noise standards apply to any type of use city- wide. The Acting City Attorney advised that there are decibel level standards that have to complied with. In addition there are specific criteria, as stated in the City Code, for having the permit issued initially including a noise control plan. The Acting Police Chief said that there is no noise control plan which measured decibels. CITY COUNCIL MINUTES July 28, 1997 Councilmember Jones expressed her concern about the noise exceeding the allowable standards. She asked that a letter received from Mr. Clyde Timmerman be placed into the record. He had asked the Council to oppose the request for the Via Maria Restaurant to continue the Live Entertainment under the existing permit. Councilmember Piercy responded, for the public record, "Yes, I had my victory party there and I paid for it. It was a business and during my campaign I did frequent that establishment in the afternoons because many of my friends and campaign supporters were patrons of that establishment. Unfortunately, since this flack started, I have made a concentrated effort not to meet my friends in the afternoon just because of one of these aspersions. Now, it's too bad. I did it just so there wouldn't be, hopefully, misconceptions and obviously there are. You made a comment that you frequented the establishment for dinner before and no longer go. Well, I did also. I was a customer and I paid, so there was nothing gratis. It was not anything given to me. I was a customer along with everything else." Her daughter has been complaining for four years about noise from Via Maria, but it is not the business, it is the cars. There is a lot of noise on that corner, it is a problem and perhaps there are some other solutions. Mayor Carroll said that if the noise is the music from Via Maria, the City could and should do something about it. If it is cars entering and exiting the premises, it is another problem. Mr. Rex Beaber, attorney for Via Maria, said that, after the riot, Via Maria was asked to make recommendations, which they did. The recommendations were complied with by Via Maria and monitored by the Police. It appears that the problem with noise is very small and he referred to the report. He mentioned the petition and the decibel limit. Mr. Blumenfeld has been entirely cooperative, he has met with the police and the amount of discussions with them should not be used against him. He should have his permit renewed and the Council has the power to change it at another time. Councilmember Jones said that a live entertainment permit is reviewed annually no matter what happens during the past year and asked the Acting City Attorney to address the code. The Acting City Attorney clarified that the code says that, "...more than one response by the City's Police Department during any one calendar day .... "However, the conditions for the issuance of these permits are very clear. She read some of those conditions, referencing peace and security, which she believed would apply also to noise. Mr. Blumenfeld said he has installed a volume control switch on the sound system. He has walked the premises with Sgts. Dickson and Kepley, the noise was minimal around the facility and he felt he has done a good job. Responding to Mayor Carroll, Sgt. Dickson stated that during the last six weeks the noise has been created from the closing crowd as they exit the parking lot. His concern has been the parking lot because he believed the noise was emanating from there between 1:20 a.m. and 2 a.m., not Via Maria. Councilmember Bowman commented that noise is an issue, it always is, but he believed that via Maria has done a goocl job to be a goocl member of the community. He woulc~ support the renewal of the permit. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to renew the permit for one year. Councilmember Keenan asked Councilmember Bowman if he would consider modifying the hours of live entertainment as part of his motion. Councilmember Jones said that it would be a disservice to the citizens to be disturbed by the noise. An establishment that has hours until 1:30 a.m. is not compatible with residential uses. She recommended that the Council consider requiring Via Maria to comply with some of the conditions under a live entertainment permit such as, a plan to control the noise, possibly conduct measurements to determine how impacted the community members are and to limit the hours of live entertainment. Mayor Carroll remarked that public safety is the paramount issue and noise is also a problem. The staff and Via Maria have done everything to ameliorate the public safety issue. He would be in favor of extending the live entertainment permit. He would be in favor of renewing the permit with a six month review. Councilmember Jones asked if it were routine to have hours of operation until 1:30 a.m., seven days a week at other businesses in the City. The Community Development Director responded that it is determined on a individual basis, similar uses in similar circumstances try to be alike. Councilmember Jones stated that hours of operation should be implemented for this permit. CITY COUNCIL MINUTES July 28, 1997 Mr. Blumenfeld said he doesn't get busy until 11 p.m. so any changing on the hours would be devastating. After further discussion on noise, hours and the source of the noise, Mr. Beaber suggested that there be a review in six months to determine if a noise problem exists that needs to be dealt with. Mayor Carroll stated that there is a motion and second to renew the permit with existing terms and conditions. lie would ask that the motion be amended for review in six months. Councilmember Bowman would agree to modify his motion to six months review and Councilmember Piercy agreed. Mayor Carroll asked Via Maria and the staff to look at the noise problem and try to define it in some measurable way and what could be done to make it quieter. The applicant agreed. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 3 COUNCILMEMBERS: 2 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Piercy and Carroll Jones and Keenan None RECESS: Mayor Carroll recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m., with all Councilmembers present. DEFERRED BUSINESS: REQUEST TO REMOVE A PARKVVA¥ TREE AT 4189 DOVER CIRCLE: The Public Works Director summarized the staff report which represented a request to remove a parkway tree at 4189 Dover Circle. City staff determined that, under the current criteria, it was not warranted for removal. Consequently, Mr. Goodman submitted a letter asking that this decision be appealed to the City Council. The tree is a 30 year old Carrotwood and sits in a five foot wide parkway. The tree appears to be healthy and has no history of causing damage to either the sewer system or the sidewalk. Councilmember Keenan had observed the tree and it has the potential of lifting the sidewalk. He feels that this is a special case because Mr. Goodman is in a wheelchair and if the tree is left in, it will cause a liability. He read from an article in the Ann Landers column about a tree raising the sidewalk and a person tripping. lie would grant the request. Councilmember Piercy would like the policy adhered to so the City doesn't lose trees and she did not find this tree meeting any of the criteria for removal. Mayor Carroll stated that the City Council set this policy, authorized staff to implement it and they did so. The tree does not meet the criteria for removal and he would not be in favor of granting the request for removal. Councilmember Bowman agreed. The policy has been established and it should be adhered to. It was moved by Councilmember Piercy and seconded by Councilmember Bowman to deny the request for the street tree removal at 4189 Dover Circle. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Jones, Piercy and Carroll NOES: I COUNCILMEMBERS: Keenan ABSENT: 0 COUNCILMEMBERS: None REQUEST TO REMOVE A PARKWAY TREE AT 5221 MARION AVENUE: The City Manager asked the Public Works Director to summarize the staff report which represented a request to remove a parkway tree at 5221 Marion Avenue. This Jacaranda tree does not meet any of the criteria established by the City Council for tree removals. The City regularly receives complaints about these trees as these flowers collect and block water flow in the gutters, stain walks when crushed and exposed to water and generally create a lot of clean up work for the homeowners. Per the City Code~ a resident may appeal the Public Works Director's decision denying removal to the Council. Councilmember Keenan reiterated what he had said about the previous request and he had read Ms. Slade's letter into the record some meetings ago. He said he was in disagreement with the general policy the Council has regarding trees. He then read a portion of Ms. Slade's letter on the liability issue and replacement costs. CITY COUNCIL MINUTES JUly 28, 1997 Councilmember Piercy remarked that she had looked at the area, there is a minor crack in the sidewalk and this does look like one of the sidewalk areas due for repair. She recommended that the removal of this tree be denied. It was moved by Councilmember Piercy and seconded by Councilmember Jones to deny the request for removal of the parkway tree at 5221 Marion Avenue. Mayor Carroll commented that this is a City policy, set by a vote of the City Council and it is that body's obligation to fulfill those responsibilities. The motion carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBER: Bowman, Jones, Piercy and Carroll I COUNCILMEMBERS: Keenan 0 COUNCILMEMBERS: None Councilmember Keenan said that policy is also to bring individual requests for tree removal to Council when they do not meet the criteria. NEW BUSINESS: SIX MONTH REVIEW OF LIVE ENTERTAINMENT PERMIT FOR LA TERRAZA RESTAURANT, 6197 BALL ROAD, CYPRESS: The City Manager reported that this is a six month review of a one year live entertainment permit. This item differs from the previous one, Via Maria, which was a consideration of extending a permit that was lapsing. After review, if the Council desires to consider revocation of this live entertainment permit, it would have to be noticed for public hearing. The Acting Police Chief summarized the staff report which indicated that the Cypress City Council issued a Live Entertainment Permit to the La Terraza Restaurant on December 10, 1996. Between December 11, 1996 through July 14, 1997, the Police Department responded to 13 reported incidents at this location. Nine incidents were related to the La Terraza Restaurant and five were calls for service and four were officer initiated activity. The Acting Chief noted that on July 26 two additional calls were received regarding loud music because a side door was open. One incident listed as medical aid was a serious assault with a deadly weapon. MS. Leticia Montalvo, Manager for La Terraza, said that revoking the permit would not help the business and they would be willing to work with the Police Department and the neighbors, especially about the parking. Mayor Carroll asked if anyone wished to speak in support of the live entertainment permit. MS. Jane Wozniak, 4480 Avenida Sevilla, Cypress, said that the assault with the deadly weapon had nothing to do with live entertainment and it was ridiculous. MS. Susan Linde, Joel Street, Cypress, stated she resides behind the restaurant, which is directly across the street from Dickerson School. She questioned the legality of serving alcohol that close to a school. She said there have been complaints of burglaries, the machete incident and there is no parking lot security. Mr. Matt Smith, owner of a business in the complex, commented that there have been two meetings on parking problems. He said there is a lack of parking and the restaurant has refused to work with their neighbors on the issue. Other problems are gang graffiti on the windows, people standing around and drinking in the parking lot and sex in the cars. He is afraid that his restaurant might be damaged and he cannot run a business in Cinnamon Square. If La Terraza continues in this manner then Cinnamon Square and the surrounding neighborhood is in trouble. Mr. Ray Wozniak, 4480 Avenida Granada, Cypress, suggested that the police look into the situation. We don't want gangs or gang problems in the City. Mr. Don Wesling, 11432 Anegada Street, Cypress, asked if there were some kind of an ordinance about a drinking establishment being so near a school. Ms. Montalvo suggested that all the incidents mentioned should be reviewed. She said she did attend a meeting on the parking issue and the lack of parking is a big problem. The business owners need to work together especially because they are sharing parking. Responding to Councilmember Jones, the City Attorney advised that the Conditional Use Permit and the Live Entertainment Permit do overlap quite a bit and the conditions for live entertainment include plans for vehicle traffic. A security plan is supposed to prevent unlawful conduct, including assaults, which are supposed to be controlled by the l0 CITY COUNCIL MINUTES JUly 28, 1997 applicant. If the use is changing, it may be appropriate to look at the conditional use permit. Mayor Carroll stated that the City is very concerned about public safety and he mentioned the incident at Via Maria. The owner & manager have a significant responsibility in keeping the premises safe. Ms. Montalvo said that there are places in the parking lot that are very dark. Councilmember Pierc¥ asked about security, the number of guards and their duties. After some discussion, Councilmember Jones stated that the Council would be remiss if they didn't conduct a public hearing concerning possible revocation of the live entertainment permit. Councilmember Bowman said he made the motion to grant the live entertainment permit several months ago with the understanding it was a new business and they should be given an opportunity but they have not met their obligation. It was moved by Councilmember Jones and seconded by Councilmember Bowman to set a public hearing to consider the revocation of La Terraza's Live Entertainment Permit. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 5 COUNCILMEMBERS: 0 COUNCILMEMBERS: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Pierc¥ and Carroll None None The City Manager recommended that the public hearing be scheduled at the earliest possible date. DESIGN REVIEW COMMITTEE NO. 97-17, TWO SPECULATIVE BUILDINGS, SOUTHWEST CORNER OF KATELLA AVENUE AND WARLAND DRIVE: The Community Development Director noted two items. One was a memo received requesting the deletion of Condition No. 9, which is the installation of a partial sidewalk because it is not in the Specific Plan so it cannot be requested. Second, in the initial study, there are errors in the floor area ratio which should be changed to 35.7 for the office building and 42.2 for the R&D building. She then continued with the staff report which represented a request to construct two speculative buildings consisting of a 48,478 square foot office building and a 59,000 square foot R&D building on the property located at the southwest corner of Katella Avenue and Warland Drive. The buildings are proposed to be built in phases with the R&D building built in Phase I and the Office building built in Phase II. The proposed development meets the standards set forth in the Warland/Cypress Business Center Specific Plan and the Cypress Zoning Code. In accordance with the requirements of the California Environmental Quality Act, an Initial Study/Environmental Checklist and Mitigated Negative Declaration have been prepared for this development. Present in the audience was a representative from RBF, who prepared the environmental study, Mr. John Law, Warland Investments and the architect, Del DeRevere. Councilmember Keenan questioned Condition NO. 9, the elimination of the sidewalk, the Public Works Director advised that an error was made in assuming that the sidewalk was on the east side of Warland Drive, not the west side which does not have a sidewalk. He mentioned two concerns: the sidewalk stopping at the corner and traffic at the intersection of Katella and Valley View. The Public Works Director said, for the record, "the total trips being generated will be 1,250 trips daily, approximately 180 of that in the morning and 175 in the evening hours." Mr. John Law,co-Managing Director of Warland Investments, was joined by Dei DeRevere, Architect. Mr. Law said they had constructed a model of the project for the Council's review. Fees and assessments on the on project will total $250,000 with an estimate of 300 jobs created. Responding to Councilmember Keenan's concern about the sidewalk, Iv]r. Law said they would wrap the sidewalk around the corner. It was moved by Councilmember Jones and seconded by Councilmember Piercy to adopt the Mitigated Negative Declaration in accordance with the requirements of the California Environmental Quality Act (CEQA) and approve the attached Resolution approving Design Review Committee No. 97-17, subject to conditions. RESOLUTION NO. 4831 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING DESIGN REVIEW COMMITTEE NO. 97-17 - WITH CONDITIONS. CITY COUNCIL MINUTES July 28, 1997 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 ADOPTION OF ORDINANCE REPEALING ORDINANCE NO. 679 AND PROHIBITING ANIMAL EXCRETA NUISANCE AND REQUIRING THE REMOVAL AND DISPOSAL OF FECES IN A SANITARY MANNER: The City Manager requested that the Acting City Attorney summarize the staff report to which was attached an Ordinance that addressed complaints received at the Town Hall Meeting held on May 5, 1997 on the removal and disposal of the dog feces in a sanitary manner. As a result, the Acting City Attorney was directed to prepare an Ordinance expanding the existing City Ordinance. Councilmember Jones asked if the Cypress Civilian Patrol could patrol the parks and the Acting Chief responded that they could patrol but not enforce because they don't have the authority. Responding to Councilmember Jones' inquiry, the City Manager advised that the public can be made aware of this amended ordinance through a press release, an article in the City Newsletter and signs could be posted in the parks. It was moved by Councilmember Jones and seconded by Councilmember Keenan to approve the first reading of the Ordinance by title only, title as follows, amending Section 3-3 of the City Code. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REPEALING ORDINANCE NO. 679 AND AMENDING SECTION 3-3 OF THE CITY CODE PROHIBITING ANIMAL EXCRETA NUISANCE AND REQUIRING THAT PERSONS HAVING CHARGE, CUSTODY OR CONTROL OF AN ANIMAL CAUSE THE REMOVAL AND DISPOSAL OF FECES IN A SANITARY MANNER. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None SPECIAL TAX LEVY FOR THE 1997-98 FISCAL YEAR WITHIN COMMUNITY FACILITIES DISTRICT NO. I (SORRENTO HOMES) OF THE CITY OF CYPRESS: The Finance Director reviewed the staff report which advised that the Government Code required that the City annually pass a Resolution for the levy of the special tax for each year such tax is levied. This Resolution currently before the Council authorized the special tax levy within CFD No. I (Sorrento Homes) for Fiscal Year 1997-98. In addition, the City Clerk is also required to file with the County Auditor a certified list of parcels subject to the special tax and the amount of such special tax on each parcel for the subject year before August 10. It was moved by Mayor Carroll and seconded by Councilmember Piercy that the City Council, acting as the legislative body of CFD NO. I (Sorrento Homes) authorize the levy of a special tax for fiscal year 1997-98 within the District by adopting the Resolution by title only, title as follows, and authorize the Mayor to sign Proposition 218 Certification. RESOLUTION NO. 4832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. I (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 1997-98 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None Councilmember Bowman asked if the buyout cost was calculated and the Finance Director said an analysis was made and he provided the current payoff figures for the two zones. CITY COUNCIL MINUTES JUly 28, 1997 APPOINTMENT OF CITY'S REPRESENTATIVE TO THE ORANGE COUNTY VECTOR CONTROL DISTRICT: Mayor Carroll announced that the City Council had chosen Ms. Sandra Montez to act as the City's representative to the Orange County Vector Control District. He directed the City Manager to notify MS. Montez of her appointment. DESIGNATION OF GENERAL ASSEMBLY REPRESENTATIVE TO THE ORANGE COUNTY COUNCIL OF GOVERNMENTS: Mayor Carroll announced that Councilmember Tim Keenan was the City's representative to this body. OPEN DISCUSSION FOR CONSIDERATION OF PUBLIC HEARINGS ON A PLANNING COMMISSION FOR CYPRESS: Mayor Carroll requested this matter be placed on the July 28, 1997 agenda for discussion as to whether this topic should be addressed at a future public hearing. The City Manager commented that this item is in the Workplan for this fiscal year. It would be studied and information supplied to the City Council on how a Planning Commission would be formed, alternative forms and pros and cons. The City Council would then hold a public hearing to receive public comment. The Community Development Director remarked that a timeline has been completed for the information to be gathered and researched. Councilmember Jones asked if staff also would go to organizations such as the League of Cities and the Planning Institute. Councilmember Bowman suggested that there be a description of the duties of the Planning Commission and what they would hear. He said the Business Park is under Development Agreement and Design Review issues should be heard in another forum. Councilmember Keenan suggested that some of the research be directed to contacting former Cypress Planning Commissioners. Councilmember Piercy said she had many questions. The Community Development Director clarified that staff would be reviewing Planning Commission duties, terms, pros and cons and method of appointment. Councilmember Jones remarked that this would be the development of educational material for the Council so they could make an informed decision. Councilmember Piercy said that the community is not that big, is almost built out and she didn't feel the Council was overburdened with planning issues. She didn't feel there was a need to look into the matter. Councilmember Keenan said it was an issue that each Councilmember needed to explore and the research should be done so an informed decision could be made. Responding to Councilmember Keenan, the City Manager advised that the costs associated with this project were indirect relating to staff time in working on the project. Mayor Carroll said that the issue is: Is the subject germane enough to continue further discussions and, if so, he would envision more than one public hearing. It was moved by Mayor Carroll and seconded by Councilmember Jones to accept the staff's calendar with some dates for public hearings set prior to the end of this year. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: I COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan and Carroll Piercy None OPEN DISCUSSION FOR CONSIDERATION OF PUBLIC HEARINGS ON THE COMPLETION OF THE HOLDER STREET BRIDGE OVER THE STANTON CHANNEL: Mayor Carroll also had requested that this matter be placed on the July 28, 1997 Council agenda. He said that when the commercial buildings were built in that area, the developer paid money to build a bridge across the channel. He would like to see Public hearings on whether it is wise to continue tO consider the building of this bridge and the pros and cons of opening Holder Street. The City Manager advised that this item is also on the Workplan for this fiscal year to hold the public hearings and consider the level of traffic which would trigger the building of the bridge. The Public Works Director spoke on the status of the Workplan and requests for proposals have been sent out to consultants and staff anticipates returning to Council in about six weeks with a recommendation to approve a contract. At that time, a schedule would be available from the consultant to set public hearings. Councilmember Bowman suggested consideration be given to Holder Street north of Cerritos because that is a residential area. CITY COUNCIL MINUTES JUly 28, 1997 It was moved by Mayor Carroll and seconded by Councilmember Jones to approve the staff plan. 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 CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27129 - 27346: It was moved by Councilmember Bowman and seconded by Councilmember Keenan to approve the Warrant List for Warrants No. 27129 through 27346 in the amount of $1,608,875.91. The motion unanimously carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: Bowman, Jones, Keenan, Piercy and Carroll None None RECREATION & PARK DISTRICT MATTERS: the Cypress City Council, Acting as the Ex-Officio Governing Board of Directors. NO items presented. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council Acting as the Cypress Redevelopment Agency. None were presented. ORAL COMMUNICATIONS: FOr Matters Not on the Agenda. Mr. Alan Crowder, 6881 Reefton Avenue, Cypress, asked why the Council was going to spend $30,000 for a survey and he couldn't see why it wasn't built when the money was designated for it several years ago. He suggested putting the issue before the people to see if they want the bridge. WRITTEN COMMUNICATIONS: For Matters NOt on the Agenda. ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:45 p.m. to Monday, August 11, 1997 at 5:00 p.m. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS