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Minutes 97-08-25MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUgUSt 25, 1997 The Regular Meeting of the Cypress City Council was called to order at 5:04 p.m., Monday, August 25, 1997, in the Administrative Conference Room, West Wing, City Hall, 5275 Orange Avenue, Cypress, Mayor TOm Carroll presiding. PRESENT: ABSENT: Councilmembers Bowman, Keenan, Piercy and Carroll Councilmember Jones Also present were the City Manager Mark Ochenduszko, City Attorney William Wynder, staff members Angus, Kelly and Storey and consultants Kathy Head and Kevin Langstrom. WORKSHOP SESSION: Lincoln Avenue Economic Study This exchange provided the City Council the opportunity to review and comment on the precise workplan that Keyser Marston Associates, Inc. (KMA) is planning to follow to conduct the Lincoln Avenue Economic Study and to allow the consultant to hear first hand the issues from the City Council. CLOSED SESSION: At 5:35 p.m., Mayor Carroll recessed the meeting to allow the Council to enter a Closed Session to discuss those agendized items of Conference with Legal Counsel on one Anticipated Litigation case (Government Code Section 54956.9(b) and one Existing Litigation case (Government Code Section 54956.9(a). RECESS: Mayor Carroll recessed the meeting at 6:15 p.m. to enable the Council to reconvene in the Council Chamber. The meeting reconvened at 6:23 p.m. with all Councilmembers present, except Mayor Pro Tern Jones. CLOSED SESSION: The Mayor immediately recessed the meeting to enable the Council to discuss the last agendized Closed Session item of a Liability Claim (Government Code Section 54956.95) Jerome Love vs City of Cypress. The meeting reconvened at 7:00 p.m. with all Councilmembers present except Mayor Pro Tern Jones. Also present were the City Manager, City Attorney and staff members Christoffels, DeCarlo, Kelly, Krauss and Storey. 7:00 P.M. SESSION PLEDGE OF ALLEGIANCE: The Pledge was led by Councilmember Piercy. PRESENTATIONS: The Certificate of Appointment was presented to Sandra Montez, the City's newly appointed representative of the Orange County Vector Control District by Mayor Carroll. Mayor Carroll presented Certificates of Special Recognition to eight Caderie Girl Scouts on attaining the Silver Award. Members of the Lincoln Avenue Association Formation Committee received Certificates of Appreciation from Mayor Carroll. REPORT OF CLOSED SESSION/WORKSHOP AGENDA The City Manager reported on conversations held during the workshop session on the Lincoln Avenue Economic Study being undertaken by Keyser Marston Associates, Inc. (KMA). Mayor Carroll introduced the new City Attorney, William WVnder of Rutan & Tucker. The City Attorney summarized discussions held on Conference with Legal Counsel on one Anticipated Litigation; one Existing Litigation case in which authority was granted to the Administrator to enter into settlement negotiations; and the Liability Claim of Jerome Love which was rejected. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR MS. Mary Crowder, 6881 Reefton Avenue, Cypress, again complained about the dogs running loose in Peppertree Park. CITY COUNCIL MINUTES AUgUSt 25, 1997 MS. Fawn Elizondo, 5561 St. Ann Avenue, Cypress, requested the City address the safety issues on St. Ann Avenue, which are excessive traffic and speeds. She also requested that speed bumps be placed on St. Ann and asked when the last environmental impact report was done because of the new Lucky shopping center. Ms. Candace Waldon, 5531 St. Ann Avenue, Cypress, spoke on the excessive speeds on St. Ann. The City Manager suggested that this item be referred to staff and the Traffic Commission. CONSENT CALENDAR All matters listed on the Agenda under ~Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. Councilmember Bowman asked that Item 5(b) and (d), DRC No. 97-25 and DRC NO. 97-29, respectively, be removed as he would be abstaining on those items. Councilmember Keenan asked that 5(a), DRC No. 97-24 be pulled and Mayor Carroll requested Item No. 7, Appropriation from AB 2766 to establish an employee vanpool program be removed. It was moved by Councilmember Bowman and seconded by Councilmember Keenan to approve the Consent Calendar Items NO. 1 through 12, with the exception of Items No. 5(a), (b), (d) and 7. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Jones Item No. 1: Motion to Approve City Council Minutes of AUgust 11, 1997. Recommendation: That the City Council approve the Minutes of the Regular Meeting of August 11, 1997, as submitted, Item NO. 2: Motion to Introduce and or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading. Item No. 3: Claim Filed by William Wethington. Recommendation: Receive and file. Item No. 4: Proclaiming October 25, 1997, as "Make a Difference Day." Recommendation: That the Mayor and City Council officially proclaim October 25, 1997, as "Make a Difference Day" in the City of Cypress. Item No. 5: Design Review Committee No. 97-26, Install Project Entry Signs on Three Spec Building Site, Southeast Corner of Valley View Street and Katella Avenue. Recommendation: That the City Council adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 97-26 - with conditions. RESOLUTION NO. 4838 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-26 - WITH CONDITIONS. No. 6: Proclaiming september 22-27, 1997, as "LaWSUit Abuse Awareness week." Recommendation: That the Mayor and City Council officially proclaim September 22-27, 1997, as "Lawsuit AbuSe Awareness Week" in the City of Cypress as requested. Item No. 8: Approval of Design Specifications for Installation of a Backup Generator at the Myra Avenue Pump Station No. 1, Public Works Project No. 9727. Recommendation: That the City Council: 1) Approve the specifications for the Installation of a Backup Generator at the Myra Avenue Pump Station No. 1; and 2) Authorize the City staff to advertise the project for bids. Item No. 9: Employment List - Senior Systems Programmer Analyst. CITY COUNCIL MINUTES August 25, 1997 Recommendation: Receive and file. Item No. 10: Monthly Investment Program for the Month of July 1997. Recommendation: Receive and file. Recreation & Park District Matters: Item No. 11: Approval of January 12, 1998, as the Recognition Date for the 1997 Holiday Decorating Contest Winners. Recommendation: That the City Council, acting as the ex-officio governing BOard of Directors of the Cypress Recreation and Park District, recommend to the Cultural Arts Commission that Monday, January 12, 1998, be the recognition date for the 1997 Holiday Decorating Contest winners. Item No. 12: Senior Citizens Nutrition Transportation Agreement (July 1, 1997 - June 30, 1998) With Orange County Transportation Authority. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve the transportation agreement with the Orange County Transportation Authority for the 1997-98 fiscal year, at a cost not to exceed $6,204 payable to OCTA for the performance of the agreement. Regarding Item No. 5(a), Design Review Committee No. 97-24 - Replace Existing and Install New Lighting at 4455 Casa Grande Circle, Councilmember Keenan asked staff the purpose of the new lighting. The Community Development Director responded that the new lighting improved the safety and an overall upgrade to the facility. It was moved by Councilmember Keenan and Mayor Carroll to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit NO. 97-24. RESOLUTION NO. 4839 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE NO. 97-24 - WITH CONDITIONS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: I COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll None Jones With regard to Item NO. 5(b), Design Review Committee No. 97-25 - Construct a One-story Residential Structure, 5401 Bishop Street, Mayor Carroll questioned the parking arrangements and the Community Development Director replied that they are the same as for a single family home. The Mayor asked that the legal requirements on parking for elderly care use be researched. The Community Development Director advised that the use has been conditioned as to noise or parking. There are state regulations on these uses and staff will report back to Council. It was moved by Mayor Carroll and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, approving Design Review Committee Permit No. 97-25- with conditions. RESOLUTION NO. 4840 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE NO. 97-25 - WITH CONDITIONS. The motion carried by the following roll call vote: AYES: $ COUNCILMEMBERS: Keenan, Pierc¥ and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones ABSTAINED: I COUNCILMEMBERS: Bowman In regard to Item No. 5(d), Design Review Committee No. 97-29 - Install Freestanding Sign for Action Auto Sales, 9060 Walker Street, Councilmember Keenan asked that the applicant be approached with the request for consideration of a monument sign rather than a pole sign. Staff would return at the next meeting with the response. It was moved by Councilmember Keenan and seconded by Mayor Carroll to continue this item to September 8, 1997. The motion carried with the following roll call vote: CITY COUNCIL MINUTES August 25, 1997 AYES: 3 COUNCILMEMBERS: Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones ABSTAINED: I COUNCILMEMBERS: Bowman Regarding Item No. 7, Appropriation From the Unreserved Fund Balance of the AB 2766 FUnd tO Establish an Employee Vanpool Program, Mayor Carroll asked what type of van could be purchased. The Public Works Director explained that a City owned van that is utilized in the City Yard will be used as a ride share vehicle. The van is currently maintained by the City and it is now eligible to be maintained with AB 2766 funds. It was moved by Mayor Carroll and seconded by Keenan to approve an appropriation of $6,250 from the Unreserved Fund Balance of the AB 2766 fund to Program 209, Account No. 4216, License Vehicle Rental-Pool $4,250, and ACCOUnt NO. 4251, Public Liability Insurance $2,000. The motion unanimously carried by the following roll call vote: AYES: NOES: ABSENT: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Jones END OF CONSENT CALENDAR ORDINANCES (Second Reading) It was moved by Councilmember Bowman and seconded by Mayor Carroll to order the following Ordinance read by title only, title as follows and to adopt the Ordinance amending Chapter 24, Article II of the City Code. ORDINANCE NO. 970 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CHAPTER 24, ARTICLE II, OF THE CODE OF THE CITY OF CYPRESS TO PROVIDE A PUBLIC WORKS PERMIT ISSUANCE MORATORIUM FOR RESURFACED STREETS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones PUBLIC HEARINGS: 7:30 P.M. CONTINUATION OF VARIANCE NO. 95-3, ROOF-MOUNTED AIR CONDITIONING UNIT, 4322 CRESCENT STREET: The public hearing was opened by the Mayor. The City Manager called upon the Community Development Director to provide the staff report on whether a variance should be granted to allow an air conditioning condenser unit, which was installed in violation of the City Code in 1985, to remain on the northern portion of the dwelling roof. 5he passec~ out some additional information of a copy of a building permit application and she Indicated, for the record, that they did receive a correspondence from Daniel Pearson, with copies to Council, and she paraphrased the contents of that letter. There are two air conditioning units on the roof and issues pertaining to the older unit are not pertinent to the variance application. Although the applicant has taken steps to mitigate the noise levels from the subject air conditioners and has submitted a noise study, no new information has been submitted to support the findings for granting this variance. She emphasized that as part of a variance there are certain findings that must be made, which were listed in the report, and she explained why those findings could not be made. In accordance with the California Environmental Quality Act, the subject air conditioning unit is considered categorically exempt, Class 3, if the variance is granted. No CEQA determination is required if the variance is denied. Notices of the public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. A number of communications have been received and were identified during the previous hearing on this matter. The applicant, Mr. Bill Waddle, 4322 Crescent Avenue, Cypress, said he took offense to the staff report because it was not accurate. He provided a copy of the permit application that indicated two A/C units on the roof that the Planner had signed. He presented copies of the permit application to Council and he said the noise study was completed and copies given to the Council. He then answered questions from the Council. CITY COUNCIL MINUTES AUgUSt 25, 1997 Mr. Dan Wildish, attorney for the Waddles, said that it was the Waddles' position that no variance was required in this situation. Clearly, in 1985 the inspection card was signed off as building final. The fact that Mr. Waddle has attempted to comply with the variance procedure is in no way an indication that he was required to. A fair interpretation of the 1985 permit would have to construe the entire project. The second study should be considered by the Council because the newer unit falls within the noise criteria established by the City. He didn't believe a variance was required; however, if it is something the Council wishes to issue under the circumstances, they could issue it together with a requirement that it conform to noise standards. After some discussion, the Building Official said that according to the City records, the current permit indicates that a forced air unit permit was pulled and inspected. On the permit, there is a space for an air conditioning unit and if that were the case, it would have been marked also. If it is a heating/air conditioning unit, both spaces are marked. Responding to Mayor Carroll's question on the amount of time elapsed, the City Attorney advised it could be a factor that the Council weighs as it determines whether or not it can satisfy the findings required by the ordinance. The existence of on going, daily violations for an indeterminent period of time does not, in his judgment, standing alone, constitutes sufficient evidence to make the required findings, but it can be a factor. Referring to the 1994 Building Division Permit Application, the Community Development Director commented that the Building Permit Clerk does not figure the fees or fill in the portion that has been changed until after the Planner signs off. The City Attorney advised that the act of pulling a permit is not constituting acknowledgment or waiver on the part of the City that all other elements of the work to be done are also in compliance with code. He also advised that there is another legal issue that relates to timing and that is the applicant sought a variance without reserving any claim that the variance wasn't required. A legal argument can be made that the application for the variance constitutes an acknowledgment of the need for one and may obviate any delays in any event. Mayor Carroll asked if anyone else wished to speak in opposition to the application for a variance. Mr. Daniel Pearson, attorney representing Mr. Provenghi, noted that there is a portion on his permit to be completed by the applicant on what is to be done. He said that Mr. Waddle had indicated in previous meetings that he didn't pull the permit. He presented some photos that Mr. Provenghi's landscape architect took after some of the trees had been taken out. Again, there is additional information tonight. He believed that it was ludicrous that Mr. Waddle could build a house in violation of the building code intentionally and then argue that a variance be granted. Mr. Steve Provenghi, 8522 Acacia Drive, Cypress, reminded the Council that he didn't put the air conditioners on the roof, he didn't create the fire hazards nor the noise nuisance, but he is subjected to them. I-le asked that Council deny the request for variance tonight. No one else wished to speak. Mr. Waddle explained the equipment used for the noise study and the raising of the chimney to comply with code. No one else wished to speak. The City Attorney suggested that the public hearing be declared closed. Mayor Carroll declared the public hearing closed. Staff then responded to questions from Councilmember Bowman on noise mitigation, screening, house floor plans, when permits are required and he asked the City Attorney about the legality of a permit that may have been approved and signed off by staff in error. The City Attorney replied that the issue is: did any action of the staff reasonably lead the permit applicant or holder to believe that staff had reviewed and approved something for both its technical compliance with code and for its compliance from a planning and zoning perspective. The bottom line is: is there anything in the documents taken as a whole that would reasonably lead the Council to believe that it would be reasonable for the applicant for the variance to have concluded that either the permits pulled in 1985 or the permit altered in 1994 led him to conclude that it was the position of the City that either the first or the second air conditioning unit was consistent with CITY COUNCIL MINUTES August 25, 1997 code, notwithstanding whether or not it was installed or built to code. That is the decision that Council will make in considering the application. Councilmember Piercy commented that the Council will be considering the single issue of whether or not the air conditioning was legally installed. AS far as she was able to ascertain, the roof air conditioning unit was not legally installed. Mayor Carroll concurred that the issue was the City Code, not the timeframe. In the past, there was an avenue to obtain a variance and that avenue was not taken. He was not in favor of the air conditioner remaining on the roof. Councilmember Bowman remarked that this has been difficult because it would appear that the City may have made a mistake a number of years ago, but he would vote to deny the variance because if the City did make a mistake, there may be some other avenues involved. There doesn't seem to be any basis for leaving it there other than the staff might have made a mistake. It was moved by Councilmember Keenan and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, denying Variance No. 95-3, ROof- Mounted Air Conditioning Unit. RESOLUTION NO. 4841 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS, SECTION 9.3.A TO ALLOW A ROOF-MOUNTED AIR CONDITIONING CONDENSER UNIT AT AN EXISTING DWELLING LOCATED AT 4322 CRESCENT AVENUE, CYPRESS. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT; I COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll None Jones RECESS: Mayor Carroll recessed the meeting at 8:40 p.m. and reconvened at 8:50 p.m. with all Councilmembers present except Mayor Pro Tern Jones. AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-9, REQUEST TO REMODEL THE EXISTING JACK IN THE BOX RESTAURANT LOCATED AT 5001 LINCOLN AVENUE, REDEVELOPMENT PROJECT AREA: Mayor Carroll opened the public hearing. At the request of the City Manager, the Community Development Director presented the staff report which represented a request to remodel the existing Jack in the Box restaurant located at 5011 Lincoln Avenue. The proposed improvements include the addition of a restroom facility, extension of the patio roof, replacement of two existing wall signs and the addition of one new wall sign, additional landscaping, parking stall restriping, a new trash enclosure and neon accent lighting. In accordance with the California Environmental Quality Act, a Categorical Exemption will be filed on this project. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The Public Works Director advised that in Exhibit "A," Conditions of Approval, Condition No. 13 should be deleted in its entirety. Mr. Mike Waldershire, representing Jack in the Box Restaurants, advised they have acquired a longer lease on the property; therefore, they are willing to spend additional funds to improve the appearance of the restaurant. He volunteered to answer questions from Council. No one wished to speak in support of or in opposition to the amendment. The public hearing was closed by Mayor Carroll. Councilmember Keenan remarked that he appreciated the upgrade on Lincoln Avenue, particularly on this corner and he moved to adopt the Resolution by title only, title as follows, approving amendment to Conditional Use Permit NO. 94-9. Councilmember Piercy seconded the motion. RESOLUTION NO. 4842 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-9 ~ WITH CONDITIONS. CITY COUNCIL MINUTES August 25~ 1997 The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Jones POSSIBLE REVOCATION OF LIVE ENTERTAINMENT PERMIT AT THE LA TERRAZA RESTAURANT, 6197 BALL ROAD, CYPRESS: The public hearing was opened by Mayor Carroll. The City Manager requested the Acting Police Chief present the staff report which advised that La Terraza Restaurant's Live Entertainment Permit was granted for a period of one year and subject to a six month review by the City Council. The six month review revealed that incidents and public safety related activities in and around La Terraza had been disruptive and threatened the health, welfare, safety and security of the community. Subsequently, staff was directed to complete a report for Council to consider revocation of the Live Entertainmerit Permit for the La Terraza Restaurant, 6197 Ball Road. The complaints from adjacent businesses and Cypress citizens related to La Terraza were listed, along with the Cypress City Code sections violated. La Terraza's management personnel has been notified by certified mail of the City Council's hearing in consideration of the revocation of the Live Entertainment Permit. Notices of this public hearing were also posted, published and mailed to the owners of all properties located within 300 feet of the La Terraza Restaurant, in accordance with the requirements of the City Code. At the time this report was written, staff had not received any responses to this notice. Responding to Mayor Carroll's question on the type of liquor license, the Acting Chief replied that they have a Type 47, which signifies an eating establishment and sale of food needs to exceed the sale of alcohol. Alcohol and Beverage Control would conduct an investigation if asked and when numerous reports have been received. MS. Leticia Montalvo, Manager of La Terraza, 509 N. WeSt, Anaheim, requested an opportunity to continue the Live Entertainment Permit and she stated that the establishment is basically a restaurant, not a bar. Mr. Fernando Villa, 611 West Sixth St., Suite 2650, Los Angeles, representing La Terraza, said that there have been a number of complaints submitted and the restaurant had no prior knowledge or information about the incidents. They would like an opportunity to respond to the concerns and had a proposal for the Council to consider to modify the terms of the Live Entertainment Permit. There is a problem; they perceive it and they want to resolve it. They want to have to opportunity to work with the City to find a solution to the problem that takes care of the concerns raised. La Terraza is primarily a restaurant use. He then proposed the following conditions to modify the Live Entertainment Permit. La Terraza proposed: To increase the number of security personnel that would be in and about the restaurant insuring that patrons who come to the restaurant behave while they are inside. That the music does not reach the level that has been loud or disturbing the nearby residents and business people. To insure that the doors remain closed at all times when the live entertainment period is in place and in conformance with the existing permit. TO work with the Police Department and meet with the Chief to determine whether a new security service is needed and welcome the Police Department's suggestions. To commit to increasing the quality and extent of training for both the security personnel and the employees. TO direct any complaints or concerns to management. TO increase security patrols of the parking lot during all hours of live entertainment To reduce the hours of operation during the live entertainment period from 8 p.m. to 1:30 a.m. to the hours of 8 p.m. to 12 a.m. on Friday and Saturday evenings. On Sunday evening, end the live entertainment operation at 10:30 p.m. A 60 day interim or review period. TO ensure that all conditions, existing as well as new, are complied with, including only one five piece band plays at any time during the hours permitted. When the disc jockey plays music, only the disc jockey will perform. CITY COUNCIL MINUTES August 25, 1997 Councilmember Piercy commented tl~at the restaurant sign states "La Terraza Restaurant and Nightclub." It was to be a restaurant with entertainment and bar service and found it hard to believe they were a restaurant when they are advertising as a nightclub. Mr. Villa responded to questions from the Council on the restaurant vs. nightclub operation, hours of operation, parking and keeping restaurant doors closed. Mayor Carroll asked if anyone wished to speak in support of retaining the Live Entertainment Permit. Mr. Jesse Ybarra, 10681 Knott Avenue, Cypress, said the restaurant was good and he has never seen any of the disturbances mentioned. There is not sufficient parking for the bingo games and the other businesses in the center. Mr. Carlos Chiquini, 11440 Ratliffe Street, Norwalk, said that he represented the security for La Terraza Restaurant. Since he has been employed, he has provided well trained and equipped security personnel. Many of the complaints that have been attributed to La Terraza have been generated by the customers of the pizza parlor. Those younger customers are constantly skating through the parking lot and sidewalk creating a hazard for all patrons. The restaurant has very few clients, it is a family environment and the parking has to be shared. He said he was willing to work with the entire center to provide security. MS. Magnolia Walsh, 906 S. Birchleaf Drive, Anaheim, stated that she patronizes La Terraza often and she has never had a problem. She urged the Council to continue the Live Entertainment Permit. Ms. Anne ConIon, 4192 Shirley Drive, La Palma, advised that she works for La Terraza and she has never heard or seen any of the actions that have resulted in the complaints. The live entertainment and the banquets are what keeps the restaurant open. She didn't believe the parking problem was caused by La Terraza. Ms. Christina Luetzow, 3633 W. Ball ROad, #103, Anaheim, said she has not heard any complaints from customers. She did not believe the complaints because, if she did, she would not be working there. Mr. Kenneth R. Brown, 3722 Ball ROad, Cypress, stated he has been patronizing La Terraza for several months and felt it was a good establishment. He also felt that most of the problems were coming from the pizza parlor. Mr. Herman Hernandez, Costa Mesa, said he has been doing business with La Terraza and had never heard any complaints from anyone. La Terraza does not have large crowds so it is impossible for them to have the problems. Mayor Carroll asked if anyone wished to speak in favor of revoking the Live Entertainment Permit. Mr. Clancy Krebs, Cypress, President of the Cypress Athletic Booster Club, stated that his group runs Cypress Bingo with four other non-profit organizations in Cinnamon Square. During the past three years, they have had security in the form of uniformed, retired Long Beach police officer patrolling the parking lot. They have an agreement with the church for overflow parking. They had invited La Terraza to open a dialog on the nonsense that is occurring in the parking lot and they have not heard from them. MrS. Susan Linde, 9845 Joel Circle, Cypress, advised that she also had pictures of the sign outside the restaurant. She has noticed that there are not many patrons at the restaurant. The restaurant opens at 11 a.m., approximately 50 feet from Dickerson Elementary School. If the City Council continues to support establishments that draw violence into the community, she suggested several actions that the City should undertake. MS. Sandie Karlovich, representing Matt Smith of Cypress Family Pizza, 6191 Ball Road~ Cypress, read a letter from Matt Smith~ which clarified the parking situation in the Center. The management company of the center is aware of the problem and will be correcting it. HiS complaints were based solely on the immoral and obscene acts of some of the patrons of the restaurant and the lack of concern to correct these acts by the management of La Terraza. Ms. Karlovich said she patronizes the pizza parlor and it is a family oriented business. She always thought La Terraza was a nightclub and urged the Council to revoke the permit. CITY COUNCIL MINUTES AUgUSt 25, 1997 Mr. DOn Wesling, 11431 Anegada Street, Cypress, said that any establishment that serves liquor is responsible for how much the patrons drink and in what condition they leave. No one else wished to speak in opposition to the Live Entertainment Permit. MS. Montalvo expressed surprise with the exaggerations stated by the pizza parlor and bingo operators. She said she met with the bingo operators and the main problem is the parking situation. The business is mainly a restaurant and the bar is open from 8 p.m. to closing. Their business is being degraded with unproved complaints. If these problems were real, she would not be the Manager of La Terraza. Councilmember Keenan clarified that alcohol was served in the restaurant from 11 a.m. to closing, but the bar opens at 8 p.m. Councilmember Piercy stated that the City Council is concerned about the Live Entertainment Permit and the business is not following the stipulations outlined in the permit. Mr. Villa said that they will operate on the premise that there is a problem and will work with the City to try to address the problem. He reiterated the request that the Council adopt their suggested modifications to the Live Entertainment Permit. Mayor Carroll closed the public hearing. Councilmember Keenan commented that there are some problems peculiar to this center that need to be addressed, which is probably the parking situation. Parking alternatives should be considered and a meeting held with the various businesses in the center to work together. An ABC audit needs to be requested. Obviously, La Terraza didn't take the six month review seriously. Mayor Carroll said that it did appear that La Terraza didn't take the City seriously and felt they were exempt from operating like the other businesses in the City. He could agree to a 60 day continuation of the Live Entertainment Permit if the additional conditions are imposed and met. La Terraza has to be responsible. The City Attorney advised that if the Council is inclined to take that approach, he recommended leaving the public hearing open, then continue the hearing for 60 days, conduct a review at the end of 60 days and if the review is unsatisfactory, all the evidence will be before the Council and renoricing is unnecessary. Responding to Councilmember Piercy, Mr. Villa again listed those modifications that they were proposing to amend the conditions of the Live Entertainment Permit. He believed that it would be helpful if the City offered assistance in a meeting with the businesses in the center. Councilmember Bowman remarked that there are problems didn't exist prior to the opening of La Terraza. They have failed the test for the first six months. The conditions of the Live Entertainment Permit must be met or there will not be a permit. The City Manager reiterated, for the record, the conditions, if the Council does modify the Live Entertainment Permit, include the following: Increased security in consultation with the Police Department to submit a security plan to be reviewed by the Police Department. Ensure doors remain closed at all times, is an existing condition but additional diligence be used in ensuring that happen. Commit to increased training of security guards and employees. A sub-element would be to ensure that any complaint that would occur associated with the La Terraza be brought to the attention of management so it could be acted upon. That there would be an increase in the number of patrols in the parking lot. The hours of operation would be reduced for the Live Entertainment Permit on Friday and Saturday from 8 to 12 a.m. and Sunday to no later than 10:30 p.m. A 60 day review period. This public hearing be continued for 60 days and this item brought back to the City Council. That there would be only one live entertainment activity going on within the facility at any particular time during those hours of allowed operation. CITY COUNCIL MINUTES AUgUSt 25, 1997 To meet with the other businesses within the center to resolve the parking issues. It was moved by Mayor Carroll and seconded by Councilmember Piercy that the Public Hearing remain open for 60 days, and allow the Live Entertainment Permit to continue for 60 days with all the conditions summarized by the City Manager imposed in addition to the permit conditions already in existence. Councilmember Bowman asked the City Attorney what would occur with a tie vote. The City Attorney responded that a tie vote does not revoke the permit; the entitlement is in place so it would take a majority action to change the entitlement. The motion carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Bowman, Piercy and Carroll NOES: I COUNCILMEMBERS: Keenan ABSENT: I COUNCILMEMBERS: Jones REVIEW OF CONDITIONAL USE PERMIT NO. 89-29 - ALBERTACOS MEXICAN FAST FOOD RESTAURANT, 5894 LINCOLN AVENUE, CYPRESS: The public hearing was opened by Mayor Carroll. At the request of the City Manager, the Community Development Director presented the report which represented a City-initiated action to review the hours of operation for the Albertacos Mexican fast food restaurant located at 5894 Lincoln Avenue. This action is taken in response to concerns the City had regarding recent occurrences at the subject location associated with the 24 hour operations. The need for extra law enforcement presence coupled with the incident that occurred on Sunday, July 27, 1997 demonstrate a public safety problem associated with the current operation. In response to the severity of the community safety problem at the subject location, City staff feels it is necessary to limit the restaurant's hours of operation. Notices of this public hearing were posted, published and mailed to the owners of all properties located within 300 feet of the subject parcel. To date, staff has not received any communication regarding the proposed project. The property owner, Herb Andrews, called and is in concurrence with the recommended changes in hours of operation. Acting Police Chief Krauss would answer questions addressing the subject of police activity at the location. Responding to Councilmember Keenan's question, the Community Development Director advised that staff has made many attempts to reach the operator and has been unsuccessful. The applicant was not in the audience. No one wished to speak in support of or in opposition to the application. Mayor Carroll closed the public hearing. It was moved by Councilmember Bowman and seconded by Councilmember Carroll to adopt the Resolution by title only, title as follows, limiting the hours of operation from 7:00 a.m. to 1:00 a.m., seven days a week for Conditional Use Permit No. 89-29. RESOLUTION NO. 4843 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, LIMITING THE HOURS OF OPERATION FOR CONDITIONAL USE PERMIT NO. 89-29. The motion unanimously carried with the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones SPECIAL PERMIT FOR SECONDHAND BUSINESS, CONNIE MARIE WALKER, DBA KIDS COTTAGE, USI:D CLOTFlING FOR CFllLDRI:N, LOCATI:D AT 9242 WALKI~R STRI~I~T, #1~, ¢YI~RI~S~: The City Manager reported that this item was being withdrawn at the request of the applicant and hearing no objection, Mayor Carroll so ordered. DEFERRED BUSINESS: APPROVAL OF THE FINANCE REVIEW COMMITTEE MISSION STATEMENT, PURPOSE AND REPRESENTATION: The City Manager called upon the Finance Director to present the staff report, which indicated that the Workplan Objectives for Fiscal Year 1997-98 included the creation of a Finance Review Committee. The purpose of the Finance Review Committee is to review the City of Cypress financial policies. The Committee shall consist of five members and shall be advisory to the City Council. 10 CITY COUNCIL MINUTES August 25, 1997 Mayor Carroll suggested that, as a part of the mission statement, the Committee understand the City of Cypress' employee benefits, not just comparable benefits. He also suggested that a member might have a Human Resource background. The City Manager would add that requirement as a qualification for the citizen volunteers and alter the last responsibility to read, "Review City employee benefits and conduct a survey of comparable employee benefits that would be provided to the City Council for consideration and review." Councilmember Bowman remarked that the Committee should be made up entirely of residents or non-Councilmembers as an independent body. Mayor Carroll concurred. Councilmember Bowman suggested that the Committee members be selected by the Council in the same manner as the Citizens Fiscal Advisory Committee where each Councilmember selected an individual with the suitable qualifications. Councilmembers Keenan and Piercy concurred that the Committee be composed of five citizens and with the suggested method of selection. Mayor Carroll clarified that each Councilmember would appoint one person. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to approve the Mission Statement, Purpose and Representation of the Finance Review Committee composed of an all citizen group and one Committee member having a Human Resources background. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones The City Manager advised that the City will advertise and start seeking applications for Council review. REAPPOINTMENT OF MR. LOUIE GIAMPAPA TO THE CYPRESS CABLE TELEVISION AND TECHNOLOCY COMMISSION: The City Manager reviewed the staff report which indicated that the City Council, at its meeting of August 11, 1997, continued the consideration of the reappointment for a second four-year term of office of Mr. Louie Giampapa to the Cypress Cable Television and Technology Commission, pending receipt of a letter of recommendation from the Commission Chairman. Communications from Chairman Parish and Commissioner Giampapa were attached to the report. Commissioner Giampapa asked to speak and referred to and read his letter, for the public's benefit, that was attached to the Council report. In essence, he felt the request to have the Chair comment set an unfounded precedent. The Council should make the decision to whether to reappoint or not. Commissioners have jobs and other responsibilities and may not be able to attend all meetings, which the ordinance recognizes and addresses absence for cause. He presented a record of his absences, those of other Commissioners during his four year term and said that his absences were due to his work. He asked for consideration of his reappointment. Mayor Carroll said that the issue is attendance. These are serious positions and the Council does not appoint people who cannot attend the meetings. Councilmember Bowman commented that he voted to send the le~ter, he shouldn't have and he apologized. He asked how Commissioner Giampapa's attendance would be in the future. Commissioner Giampapa said he would be able to attend meetings. Councilmember Bowman said his position would be to reappoint him and that's the way he will vote. Councilmember Keenan advised that Council is checking the attendance of all Commissioners and when someone is appointed to a Commission, it is expected they will attend. He mentioned that if someone has missed three consecutive meetings with or without cause, perhaps is something that should be changed. He saw a diminishing pattern of availability and it is a disruption. Mayor Carroll said he would not vote to reappoint Commissioner Giampapa. Councilmember Piercy remarked that she considered Commissioner Giampapa's attendance about average. She felt this was an unusual year, didn't perceive a pattern and would support his reappointment. CITY COUNCIL MINUTES AUgUSt 25, 1997 It was moved by Councilmember Bowman and seconded by Councilmember Piercy to reappoint Commissioner Giampapa to the Cable Television and Technology Commission. The motion failed with the following roll call vote: AYES: NOES: ABSENT: 2 COUNCILMEMBERS: Bowman and Piercy 2 COUNCILMEMBERS: Keenan and Carroll I COUNCILMEMBERS: Jones The City Attorney advised there is no reappointment and the term expired as of August 23, 1997. The Mayor consider these Commissioners very important and attendance is critical to be value to these bodies. NEW BUSINESS REQUEST FOR CITY CONSENT TO TRANSFER OF SOLID WASTE FRANCHISES FROM BRIGGEMAN DISPOSAL SERVICES, INC., TO REPUBLIC INDUSTRIES, INC.: The City Manager asked the Public Works Director to summarize the staff report which was a request from George Briggeman, Jr., President and Owner of Briggeman Disposal Services, Inc. to approve transfer of ownership of the two Cypress solid waste franchise agreements (residential and commercial) from Briggeman Disposal Services, Inc. to Republic Industries, Inc. Staff conducted a due diligence investigation as a means of determining the abilities of Republic Industries to meet the obligations of the City's franchises. According to Mr. Briggeman, the management of the day-to-day operations of this proposed Republic Industries subsidiary will be retained under the current management and staff. Responding to questions from Council, Mr. Briggeman replied there is a contractual obligation where each single family homeowner is entitled to two bulk collections per year and the appearance of the fleet will remain the same. He has signed a three year employment agreement and his staff will remain at the current facility. It was moved by Councilmember Bowman and seconded by Councilmember Piercy to adopt the Resolution by title only, title as follows, granting the City's consent to the proposed assignment of the City's existing Integrated waste Management Franchises from Briggeman Disposal Services, Inc. to Republic Services, Inc., subject to all conditions of said franchises. RESOLUTION NO. 4844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONSENTING TO A TRANSFER OF THE RESIDENTIAL AND COMMERCIAL INTEGRATED WASTE MANAGEMENT FRANCHISES FROM BRIGGEMAN DISPOSAL SERVICES, INC., TO REPUBLIC INDUSTRIES, INC. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: I COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll None Jones LINCOLN AVENUE ASSOCIATION FORMATION STEERING COMMITTEE FINAL REPORT: The Community Development Director provided a brief overview of the staff report which advised that the Lincoln Avenue Association Formation Steering Committee had completed its portion of the workplan. The workplan included assisting staff with the design issues affecting the Lincoln Avenue Specific Plan and the formation of a Lincoln Avenue Business Association. The Committee completed all of the assigned tasks which included the review of the design guidelines and streetscape elements of the Specific Plan and the formation of a Lincoln Avenue Business Association. It was moved by Councilmember Keenan and seconded by Councilmember Bowman to receive and file the staff report. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Jones APPOINTMENT OF REPLACEMENT FOR MAYOR PRO TEM JONES AS ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY. The staff report revealed that due to other commitments, Mayor Pro Tem Jones has requested that the City Council designate another Councilmember to serve in the capacity of Alternate to the Orange County Fire Authority. CITY COUNCIL MINUTES August 25, 1997 Councilmember Bowman nominated Councilmember Piercy and Mayor Carroll seconded the nomination. The nominations were closed and Councilmember Piercy was unanimously elected as alternate with the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones CONSIDERATION OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 27602 - 27845: It was moved by Councilmember Keenan and seconded by Councilmember Bowman to approve the Warrant List for Warrants No. 27602 through 27845 in the amount of $908,153.29. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones Recreation & Park District Matters: The City Council, Acting as the Ex-Offlcio Governing Board of Directors. CYPRESS RECREATION AND PARK DISTRICT'S DEBT SERVICE TAX RATE FOR THE 1997-98 FISCAL YEAR: The Finance Director presented the staff report advising that the Cypress Recreation and Park District had received information from the County on the Assessed valuation of all taxable properties within the District. Using this information, the attached Resolution fixing the debt service tax rate at .0067 percent had been prepared for Council consideration. This has been an annual action of the Council and, as in the past, the deadline for transmitting it to the County is August 31 of each year. It was moved by Councilmember Bowman and seconded by Mayor Carroll that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, title as follows, fixing the District's debt service tax rate to be .0067 percent (.000067) of the assessed value, and authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, FIXING THE VOTER APPROVED INDEBTEDNESS TAX RATE IN SAID DISTRICT FOR THE FISCAL YEAR 1997-98. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones Due tO the lateness of the hour, it was moved bv Councilmember Bowman and seconded by Mayor Carroll to continue the meeting past 11:30 p.m. The motion unanimously carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Bowman, Keenan, Piercy and Carroll NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Jones RECESS: Mayor Carroll recessed the meeting at 11:40 p.m. to allow the Council to act as the Cypress Redevelopment Agency. The meeting reconvened at 11:50 p.m. with all Councilmembers present except Mayor Pro Tern Jones. ORAL COMMUNICATIONS: FOr Matters NOt on the Agenda. No one wished to speak. WRITTEN COMMUNICATIONS: FOr Matters Not on the Agenda. None were presented. ADJOURNMENT: Mayor Carroll adjourned the meeting at 11:50 p.m. to Monday, September 8 at 5:00 p.m. in the Administrative Conference Room. ATTEST: MAYOR OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS