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HomeMy WebLinkAbout2016-11-28REGULAR MEETING CYPRESS CITY COUNCIL November 28, 2016 7:00 P.M. A regular meeting of the Cypress City Council was called to order at 7:01 p.m. by Mayor Yarc in the Council Chambers, 5275 Orange Avenue, Cypress, California. ROLL CALL Cypress City Council, also acting as the Ex- Officio Governing Board of Directors of the Cypress Recreation and Park District Mayor Marielien Yarc Mayor Pro Tem Paulo Morales Council Member Stacy Berry Council Member Rob Johnson Council Member Jon Peat STAFF PRESENT City Manager Peter Grant City Attorney Anthony Taylor Director of Finance and Administrative Services Matt Burton Chief of Police Rodney Cox Director of Community Development Doug Dancs Director of Recreation and Community Services June Liu Assistant Director of Finance and Administrative Services Donna Mullally Police Commander Steve Ramsey City Engineer Kamran Dadbeh City Planner Doug Hawkins Associate Planner Kori Sanders Public Works Superintendent Kirk Streets Management Analyst Anna Sanchez Senior Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Johnson. INVOCATION The invocation was given by Pastor Don Kotoff, Cottonwood Church. ORAL COMMUNICATIONS (Limited to 30 minutes — three minutes per speaker, unless extended by the City Council) Mayor Yarc asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Dr. Bob Simpson, Cypress College, spoke regarding the college and the 2017 Americana Awards. He introduced the Cypress awardee Mr. Lamont Miya. James Davidson, Westminster Chamber of Commerce, spoke regarding fraud. Rachel Strong, Strong Dance Studio, thanked the City Council for its service and spoke regarding her dance studio. Sam Hanna, Cypress property owner, spoke regarding Agenda Item No. 9. PUBLIC HEARINGS Item No. 1: Approve Conditional Use Permit No. 3077 and Special Permit No. 3078 for a Jewelry /Coin Pawn Shop at 9472 -B Valley View Street Mayor Pro Tem Morales stated that due to his ownership of property in the area, he would recuse himself from the item. 264 CITY COUNCIL MINUTES Mayor Pro Tem Morales left the Council Chambers. The Associate Planner provided background information on this item. Council Member Johnson asked about ownership of the property. NOVEMBER 28, 2016 265 The Associate Planner stated that, under the lease agreement, 7- Eleven currently occupies with the property owner the majority of the building, and that a small area of leftover lease space would be occupied by the proposed pawn shop. Council Member Johnson asked about the items being bought. The Associate Planner stated that items would only be bought then taken to a deposit box each evening, and that only gold items would be bought. Council Member Berry asked about other pawn shops located in the City. The Associate Planner indicated that there are no other pawn shops within the City, however there are a couple of cash for gold businesses. Council Member Berry asked about special permits and /or regulations for this type of business. The Associate Planner responded that a Conditional Use Permit and Special Use Permit would be required. Council Member Berry asked if State licensing would be required. The Associate Planner replied no, and clarified that there would be State stipulations that include insurance bonding. Council Member Berry asked about the hours of operation. The Associate Planner responded that the applicant would provide that information. Council Member Peat asked about the $100,000 insurance bond. The Associate Planner stated that the $100,000 insurance bond information is included as an attachment to the Police Department memo. Mayor Yarc asked about repercussions should the applicant fail to comply with the $100,000 insurance bond condition and if staff was aware that the applicant was not in agreement with the condition. The Associate Planner indicated that the matter was discussed with the applicant today, however it appears that the applicant did not have clear understanding of the insurance bond requirement. She stated that the insurance bond is a State Department of Finance requirement. Mayor Yarc asked if the business could be opened should the insurance bond requirement not be met. The Associate Planner responded no, and indicated that the insurance bond is required as part of the special permit for the pawn broker license. The public hearing was opened. The applicant, Murad Abdallah, stated he agreed with all of the conditions of approval except for the State $100,000 insurance bond requirement. Mayor Yarc asked if $100,000 cash is required in order to obtain the insurance bond. 2 CITY COUNCIL MINUTES NOVEMBER 28, 2016 The Associate Planner replied that it would need to be either cash or a bond, and that the applicant should contact a bonding agency for further details. She clarified that the insurance bond requirement is specific for pawn brokers and not second -hand dealers. Mayor Yarc asked Mr. Abdallah if he agrees to the condition. Mr. Abdallah responded no. Mayor Yarc clarified that if the applicant does not agree to that condition, the City Council is not able to approve the Conditional Use Permit and Special Permit. Mr. Abdallah responded in the affirmative. Mayor Yarc asked Mr. Abdallah if he would like the item continued so that he could further understand the insurance bond requirement. Mr. Abdallah responded in the affirmative. Council Member Johnson spoke in support of continuing the item. It was moved by Council Member Johnson and seconded by Council Member Berry, to continue this item to a future date, at the applicant's request. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Morales CONSENT CALENDAR All matters listed on the Consent Calendar are to be approved with one motion unless a Council Member requests separate action on a specific item. It was moved by Council Member Johnson and seconded by Council Member Peat, to approve Consent Calendar Items No. 2 through 8. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: Approve Minutes — Meeting of November 14, 2016 Recommendation: Approve as submitted. Item No. 3: Introduce and /or Adopt All Ordinances and Resolutions Presented for Consideration by Title Only and to Waive Further Reading Item No. 4: Receive and File a Contract with Dell Marketing for the Purchase and Installation of Police Mobile Data Computers Recommendation: Receive and file a contract with Dell Marketing, L.P. for the purchase and installation of 35 Police mobile data computers. Item No. 5: Adopt a Resolution Amending Hourly Pay Ranges for Temporary Part -Time and Seasonal Employees Recommendation: Adopt a Resolution amending Resolution No. 6597, modifying the hourly pay range schedule for Temporary Part-Time and Seasonal Employees. 3 266 CITY COUNCIL MINUTES NOVEMBER 28, 2016 267 Resolution No. 6598 A Resolution of the City Council of the City of Cypress, and Acting as Ex- Officio Board of Directors of the Cypress Recreation and Park District, Amending Resolution No. 6597 Establishing Hourly Pay Ranges for Temporary Part -Time and Seasonal Positions Item No. 6: Approve a Permit Fee Waiver for Cypress Youth Baseball Dugout Roof Repairs at Oak Knoll Park Recommendation: Approve a permit fee waiver for Cypress Youth Baseball dugout roof repairs at Oak Knoll Park. Item No. 7: Approve Investment Report for the Month Ended October 31, 2016 Recommendation: Receive and file the attached report. Item No. 8: Register of Warrants, Electronic Funds Transfers and Wires Issued for the Period of October 31, 2016 through November 11, 2016 Recommendation: Approve the attached payment register summarized below for the period of October 31, 2016 through November 11, 2016: • Warrants 40519 through 40677 • Electronic Funds Transfers 2157 through 2259 • Payroll Wire W1317 and W1319 NEW BUSINESS Item No. 9: Second Reading of a Zoning Ordinance Amending the Lincoln Avenue Specific Plan and Adopt a Resolution of Findings for the Lincoln Avenue Specific Plan Amendment The City Planner provided background information on this item. Mayor Yarc asked if the residential uses would be built above the commercial units. The City Planner responded in the affirmative, and clarified that the commercial uses would be on the first floor with housing above. Mayor Yarc asked if the building height requirement would be changed as part of the amendment. The City Planner responded in the affirmative, and stated that the current Lincoln Avenue Specific Plan allows up to 50 feet and that the City Council direction is a reduction to 30 feet. Mayor Yarc asked if a future mixed -use applicant could request a variance in the building height requirement. The City Planner replied in the affirmative, and stated that a Specific Plan Amendment to the Lincoln Avenue Specific Plan could be requested. Mayor Yarc asked if building height requests would be handled on a case -by -case basis. The City Planner responded in the affirmative. It was moved by Council Member Peat and seconded by Mayor Pro Tem Morales, to: 1) Adopt the attached Ordinance by title only and waive further reading; and 2) Adopt the attached Resolution. 4 CITY COUNCIL MINUTES NOVEMBER 28, 2016 268 The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Johnson, Peat, Morales and Yarc NOES: 1 COUNCIL MEMBERS: Berry ABSENT: 0 COUNCIL MEMBERS: None Ordinance No. 1162 An Ordinance of the City Council of the City of Cypress, California, Adopting an Amendment to the Lincoln Avenue Specific Plan as Follows: Section 4.2, Specific Plan Land Uses, 4.3, Land Use Character and Exhibit 3, Land Use Map; Section 4.4, Table 1, Permitted Land Use Matrix; and Section 4.5, Table 2, Development Standards Matrix, By Adding a New Commercial Preservation Overlay District and Decreasing the Maximum Residential Building Height in the CM Commercial Mixed -Use, CV Campus Village, and PS Public & Semi - Public Districts to 30 Feet Resolution No. 6599 A Resolution of the City Council of the City of Cypress Approving an Amendment to the Lincoln Avenue Specific Plan to Establish a Commercial Preservation Overlay District and to Limit the Height of Residential Uses to 30 Feet Within the Commercial Mixed - Use, Campus Village, and Public and Semi - Public Zoning Districts ORAL COMMUNICATIONS (Five minutes per speaker, unless extended by the City Council) None. COUNCIL MEMBER REPORTS AND REMARKS Mayor Yarc requested reports from the Council Members on their respective committee assignments. Council Member Peat: Attended a West -Comm meeting. Attended PACE Graduations at Holder Elementary School, Grace Christian School, and Cerritos Elementary School. Attended the Cypress Police Department Memorial Services for Sergeant Sowma. Attended a Joint Forces Training Base meeting. Mayor Pro Tem Morales: Attended the Cypress Police Department Memorial Services for Sergeant Sowma. Attended the Buena Park Mayor's Prayer Breakfast. Council Member Berry: Attended a Cypress Children's Advocacy Council meeting. Attended a PACE Graduation at Holder Elementary School. Attended the Cypress Police Department Memorial Services for Sergeant Sowma. Attended a PACE Graduation at Grace Christian School. Attended the Seal Beach State of the City. Attended an O.C. Vector Control District Board meeting. Council Member Johnson: Attended the Cypress Police Department Memorial Services for Sergeant Sowma. Attended a PACE Graduation at Grace Christian School. Attended the Buena Park Mayor's Prayer Breakfast. Attended an O.C. Fire Authority Board meeting. Mayor Yarc: Attended the Cypress Police Department Memorial Services for Sergeant Sowma. Attended an O.C. Sanitation District Board meeting. Attended the Cypress Holiday Bazaar at the Cypress Community Center. Attended the retirement ceremony for Brigadier General Nathaniel S. Reddicks at the Joint Forces Training Base. Met with 5 CITY COUNCIL MINUTES NOVEMBER 28, 2016 269 community members regarding arts on the Civic Center Green. Spoke regarding the Suits for Soldiers donation event. Met with Money Mailers business. Spoke regarding the Autism Speaks fundraiser at Angel Stadium. CITY MANAGER REMARKS The City Manager announced the Cypress Chamber of Commerce Holiday Extravaganza to be held on December 1, 2016, and the Holiday Sing and Tree Lighting to be held on December 6, 2016. ADJOURNMENT Mayor Yarc adjourned the meeting at 7:46 p.m. to an adjourned Regular Meeting, to be held on Monday, December 12, 2016, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 6 M YOR OF THE CITY OF CYPRESS