Minutes 2007-01-08
313
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 8, 2007
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
Luebben in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Phil Luebben
Mayor Pro Tem/Agency Vice Chair Todd Seymore
Council/Agency Board Member Doug Bailey
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Prakash Narain
Others present:
Acting City Manager Richard Storey
City Attorney William Wynder
Interim City Clerk Denise Basham
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Appointment, pursuant to Government Code Section 54957,
Title: City Manager.
At 6:01 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by
Mayor Luebben.
Members present:
Mayor/Agency Chair Phil Luebben
Mayor Pro Tem/Agency Vice Chair Todd Seymore
Council/Agency Board Member Doug Bailey
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Prakash Narain
Others present:
Acting City Manager Richard Storey
City Attorney William Wynder
Acting Community Development Director Ted Commerdinger
Chief of Police Rick Hicks
Public Works Director Doug Dancs
Recreation and Community Services Director Laura Detweiler
Police Captain Mark Yokoyama
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Recreation Superintendent Dena Diggins
Finance Manager Matt Burton
Associate Planner Doug Hawkins
Associate Planner Kori Nevarez
Interim City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Cub Scout
Pack 660.
INVOCATION: The invocation was given by City Attorney Wynder.
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CITY COUNCIL MINUTES JANUARY 8, 2007
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
Mayor Luebben stated that the City Council had gone through a lengthy and thorough
process of interviewing candidates for the position of City Manager. He stated that he
was pleased to inform the community and staff that the City Council unanimously voted
. to select a new City Manager and make an offer to Mr. John Bahorski. He stated that
Mr. Bahorski will officially begin on February 14, 2007.
Council Member Mills welcomed Mr. Bahorski and stated that he is looking forward to ""-I!'.W
working with him to move the City of Cypress forward.
Council Member Narain congratulated Mr. Bahorski and stated that the City is fortunate
to have him as the new City Manager.
Mayor Pro Tem Seymore stated that it will be a pleasure working with Mr. Bahorski and
to see the future of Cypress move forward.
Council Member Bailey congratulated Mr. Bahorski and stated that he is looking forward
to working with him. He congratulated Lisa Mills, The Mills Group, for providing the City
with candidates to chose from and thanked Richard Storey for eight and a half months
of serving as Acting City Manager.
Mr. Bahorski thanked the City Council for the opportunity and his wife, Carrie, for her
support.
The Mayor recessed the meeting at 7: 11 p.m. to allow those in attendance to meet Mr.
Bahorski.
The meeting was reconvened at 7:21 p.m.
Mayor Luebben stated that the City Council took the task of hiring a new City Manager
very seriously and knew how important the decision was to the future of the City.
The Mayor asked for the report of the Closed Session Agenda item discussed earlier in
the evening.
The City Attorney reported that the City Council met in Closed Session regarding Public
Employee Appointment, pursuant to Government Code Section 54957, Title: City
Manager. The City Attorney stated that the City Council unanimously appointed Mr.
John Bahorski as the new City Manager. He stated that once the contract is fully
executed by all parties, it will be available for public inspection and copying in the City
Clerk's Office.
No other action was taken in Closed Session, nor was any solicited.
PRESENT A TIONS:
Dave Southern, Senior Human Relations Specialist, presented an annual update on the
Orange County Human Relations Council.
ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Luebben asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Don Seward, Cypress, congratulated the City Council and commented on the City's
holiday decorations.
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CITY COUNCIL MINUTES JANUARY 8,2007
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
Item NO.1: PUBLIC HEARING REGARDING VARIANCE NO. 2006-06. A REQUEST
TO VARY FROM SECTION 2.05. TABLE 2-3. FOOTNOTE 5. SECTION 2.05.B.2.H.
SECTIONS 3.13.050.A & B. AND SECTION 3.14.080.B OF THE CYPRESS ZONING
ORDINANCE TO ALLOW A SEMI-CIRCULAR DRIVEWAY LOCATED AT 10202
AQUEDUCT DRIVE IN THE RS-6.000 RESIDENTIAL SINGLE-FAMIL Y ZONE.
The Associate Planner provided background information on this item.
The applicant, Michael Scott, stated that there are six other properties in his
neighborhood with circular driveways.
Council Member Mills stated that he drove by the property and asked if the garage was
used for parking vehicles.
Mr. Scott stated that he does not park vehicles in the garage.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak in favor of the item.
Mayor Luebben asked if there was anyone who wished to speak against the item.
The public hearing was closed.
Mayor Pro Tem Seymore asked for clarification on a variance granted in 1980 to
another property and code enforcement actions that are being actively pursued to
obtain compliance on other properties.
Mayor Pro Tem Seymore asked when the concrete work and unpermitted second
driveway were done by the applicant.
Mayor Luebben reopened the public hearing
Mr. Scott stated that the work was done by a contractor approximately two years ago.
Mayor Luebben closed the public hearing.
Mayor Luebben asked staff to explain how the applicant is presently using the
unpermitted concrete improvements.
The Associate Planner described the areas that are concreted and stated that there is a
recreational vehicle that is parked long-term and other vehicles that are parked on the
property. She stated that the landscaped parkway has been removed and replaced with
brick pavers, and it appears that it is being driven over with the public right-of-way being
damaged.
Mayor Pro Tem Seymore asked for clarification on recreational vehicle parking.
Council Member Bailey asked about the timeframe the applicant would have to comply
with the code if the variance is denied.
The Associate Planner stated that the applicant would have thirty days from the
adoption of the Resolution.
Council Member Narain asked about the other properties with the same issues in the
area.
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CITY COUNCIL MINUTES JANUARY 8, 2007
The Associate Planner stated that they are actively being pursued through Code
Enforcement in the same means that this one was pursued.
Mayor Luebben commented on long-term parking on the property and the applicant not
using the garage for parking.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey,
that the City Council adopt the Resolution by title only, denying Variance No. 2006-06,
including correction requirements to achieve Code compliance within thirty (30) days of ~""".'\\f1
the Resolution's adoption.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 5999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
DENYING A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS, SECTION 2.05, TABLE 2-3,
FOOTNOTE 5, SECTION 2.05.B.2.H, SECTIONS 3.13.050.A & B,
AND SECTION 3.14.080.B TO ALLOW A SEMI-CIRCULAR
DRIVEWAY WITHIN A SINGLE-FAMILY RESIDENTIAL FRONT
YARD AREA.
Item NO.2: CONTINUATION OF PUBLIC HEARING REGARDING CONDITIONAL
USE PERMIT NO. 2006-11. A REVISED REQUEST TO CONSTRUCT FIVE (5)
DETACHED CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5591-5597
SPRAGUE AVENUE IN THE RM-15 RESIDENTIAL MUL TIPLE-FAMIL Y ZONE.
The Associate Planner provided background information on this item.
The applicant, Manny Montes, was in attendance to answer any questions.
Mayor Pro Tem Seymore stated that the project is much improved and a welcomed
upgrade.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak in favor of the item.
Mayor Luebben asked if there was anyone who wished to speak against the item.
The public hearing was closed.
Mayor Luebben stated that the previous design was very plain and that the applicant
has added exterior enhancements that make the project much more attractive.
It was moved by Council Member Bailey and seconded by Council Member Narain, that
the City Council adopt the Resolution by title only, approving Conditional Use Permit .~,:...,.,*tt
No. 2006-11, subject to the conditions in Exhibit "A" of the Resolution.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY COUNCIL MINUTES JAN UARY 8. 2007
RESOLUTION NO. 6000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2006-11
- WITH CONDITIONS.
Item NO.3: PUBLIC HEARING REGARDING AMENDMENT OF PARK FEE
ORDINANCE.
The Acting Community Development Director provided background information on this
item.
Council Member Narain requested clarification on how the City of Huntington Beach
established its fee range.
Council Member Bailey agreed that the City needs park space and inquired about the
current formula being used to determine park fees.
The Acting Community Development Director explained the Quimby Act and the need
for a unified method of determining the fee. He confirmed that the formula allows for the
maximum amount that can be collected.
Mayor Pro Tem Seymore asked for information on what the park fees are used for and
the time frame they must be used in.
The Acting Community Development Director stated that there is a five-year window
from the time the fees are collected to when they must be spent. He stated that the fees
can only be used for acquisition or rehabilitation of park space.
Council Member Mills requested clarification on whether the fees affected individual
owners, upgrades to existing structures, etc., or just new residential development.
Council Member Narain inquired about linking to the appraised assessed value.
The Acting Community Development Director replied that the City generated the fee
based upon the assessed value.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak in favor of the item.
Mayor Luebben asked if there was anyone who wished to speak against the item.
Hal Woods, Centerstone Communities, suggested a four or five tier increase instead of
the proposed three tier increase.
Aric and Hope Anderson, Cypress, requested an exemption for second dwelling units
that are built for family members.
Ed Bonanni, Bonanni Development, stated that he was not against an increase but
rather the aggressiveness the City is using in the three tier process.
Frank Sabato, Bowman Real Estate, suggested lengthening the time between tier
increases.
Mahendra Desai, Desai Construction and Developers, Inc., spoke regarding the impact
a fee increase will have on developers.
The public hearing was closed.
Mayor Luebben asked about the City's legal rights to add exclusions to the Ordinance,
such as "granny flats."
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CITY COUNCIL MINUTES JANUARY 8,2007
The City Attorney stated that the theory behind the park fee is that new development
will bring new park users. The concern with second units, for example, is when the
older family member is no longer using the unit, it will be used by others that will impact
the parks.
Mayor Luebben stated that the original Ordinance that was adopted had extremely high
fees, well within the rights of the City, but it caught the developers and City Council off-
guard with its impact. He suggested a new Ordinance with a fixed fee per unit, with a ~
review after a period of time rather than a set tier increase.
Council Member Seymore commented on the necessity of the fees and on the
possibility of increasing the number of tiers.
Council Member Bailey suggested a five year approach if the full increase is going to be
collected. He stated that he agrees with Mayor Luebben's suggestion of a fixed fee.
It was moved by Council Member Mills and seconded by Mayor Pro Tem Seymore, to
refer this issue back to a workshop for further discussion.
The City Attorney stated that there are issues that require further staff analysis and
discussion. The more direction provided to staff by the City Council will allow for a more
precise analysis.
Mayor Luebben expressed his concern over delaying the issue while the higher fees
are in full effect.
Mayor Pro Tem Seymore suggested for discussion at a workshop a four and five-year
stepped tier and the "granny unit" exception at 50 percent. He questioned the possibility
of refunding money to those applicants who apply now at the higher fees, if the fees are
reduced.
The City Attorney stated that the City could require the current deposit with the
understanding that an Ordinance may be adopted that would be applied and reduce the
fee retroactively.
A substitute motion was made by Mayor Pro Tem Seymore and seconded by Council
Member Bailey, that the City Council introduce for first reading the Ordinance by title
only, amending Section 25-46 of the Cypress City Code and Establishing Park
Development Fees within the City of Cypress.
The substitute motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTION 25-46 OF THE CYPRESS CITY
CODE AND ESTABLISHING PARK DEVELOPMENT FEES WITHIN
THE CITY OF CYPRESS.
It was moved by Council Member Mills and seconded by Council Member Narain, that a
workshop be scheduled for February 26, 2007 for further discussion on this item.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY COUNCIL MINUTES JANUARY 8, 2007
CONSENT CALENDAR:
All matters listed on the Agenda under "Consent Calendar" are to be considered by the
City Council to be routine and will be enacted by one motion approving the
recommendations listed on the Agenda.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey, to
approve Consent Calendar Items NO.4 through 17.
. The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item NO.4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
DECEMBER 11. DECEMBER 14, DECEMBER 18, AND DECEMBER 19. 2006.
Recommendation: That the City Council approve the Minutes of the Meetings of
December 11, December 14, December 18, and December 19, 2006, as submitted.
Item NO.5: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item NO.6: PROCLAIMING JANUARY 13. 2007, AS "KOREAN AMERICAN DAY" IN
THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim January 13,
2007, as "Korean American Day" in the City of Cypress.
Item NO.7: APPROVAL OF FINAL TRACT MAP NO. 16954. PROPERTY LOCATED
AT 8582 WALKER STREET.
Recommendation: That the City Council approve Final Tract Map No. 16954 and
authorize the City Clerk to sign the record map.
Item NO.8: ACCEPTANCE OF CONSTRUCTION OF PERIMETER FENCING AT
DARRELL ESSEX PARK, PUBLIC WORKS PROJECT NO. 2004-17.
Recommendation: That the City Council: 1) Accept Construction of Perimeter Fencing at
Darrell Essex Park, Public Works Project No. 2004-17, as being satisfactorily completed
in conformance with the project specifications, in the final amount of $74,980; and 2)
Approve the final retention payment of $7,498 to Built Rite Fence Company, 9110 Rose
Street, Bellflower, California 90706, thirty-five (35) days after Notice of Completion is filed,
if no claims or objections have been filed; and 3) Authorize the City Clerk to release the
Labor and Materials Bond and the Faithful Performance Bond upon expiration of the
required lien period, if no claims or objections have been filed, upon concurrence of the
Director of Public Works.
Item No.9: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2006.
Recommendation: That the City Council receive and file the Comprehensive Annual
Financial Report for the Fiscal Year Ended June 30,2006.
Item No. 10: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF
CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30. 2006.
Recommendation: That the City Council receive and file the Single Audit Report of the
City of Cypress for the Fiscal Year Ended June 30,2006.
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CITY COUNCIL MINUTES JANUARY 8, 2007
.
Item No. 11: ACCEPTANCE OF THE AUDIT LETTER. THE AUDITOR'S
RECOMMENDATIONS TO MANAGEMENT. AND STAFF'S RESPONSE TO THE
AUDITOR'S RECOMMENDATIONS TO MANAGEMENT FOR THE FISCAL YEAR
ENDED JUNE 30. 2006.
Recommendation: That the City Council receive and file the Audit Letter, the Auditor's
Recommendations to Management, and Staff's Response to the Auditor's
Recommendations to Management.
Item No. 12: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL
YEAR ENDING JUNE 30. 2007.
Recommendation: That the City Council receive and file the report on Agreed-Upon
Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending
June 30,2007.
Item No. 13: REVI EW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER. 2006.
Recommendation: That the City Council receive and file the Investment Report for the
month of November, 2006.
Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78635 THROUGH
78997.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2006-07.
Recreation & Park District Matters:
Item No. 15: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30.2007.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the Report on Agreed-Upon
Procedures Applied to the Cypress Recreation and Park District's Appropriation Limit
for the Fiscal Year Ending June 30, 2007.
Item No. 16: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR
ENDED JUNE 30, 2006.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the Component Unit Financial
Report of the Cypress Recreation and Park District for the Fiscal Year Ended June 30,
2006.
Item No. 17: AWARD OF PURCHASE AND MAINTENANCE AGREEMENT WITH
THE ACTIVE NETWORK FOR RECREATION PROGRAM REGISTRATION. FACILITY
MANAGEMENT AND HOSTED INTERNET SOFTWARE.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District: 1) Award the purchase and
maintenance agreement with The Active Network, for recreation program registration,
facility management and hosted internet software in the amount of $36,880; and 2)
Appropriate $8,880 from the Recreation and Park District unreserved General Fund to
the Recreation and Park District budget account 4187-12-301-10.
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CITY COUNCIL MINUTES JANUARY 8, 2007
END OF CONSENT CALENDAR
ORDINANCES:
No items.
UNFINISHED BUSINESS:
No items.
NEW BUSINESS:
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
CYPRESS REDEVELOPMENT AGENCY MATTERS (18): The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
It was moved by Agency Vice Chair Seymore and seconded by Agency Board Member
Bailey, to approve Consent Calendar Item No. 18.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Consent Calendar (18):
Item No. 18: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE
30,2006.
Recommendation: That the Cypress Redevelopment Agency Board receive and file the
Component Unit Financial Report of the Cypress Redevelopment Agency for the Fiscal
Year Ended June 30,2006.
END OF CONSENT CALENDAR
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mary Crowder, Cypress, spoke regarding businesses in the City selling colored contact
lenses without a prescription.
Young Chai, Cypress Chamber of Commerce, provided an update on upcoming
Chamber activities.
Students from Los Alamitos High School, in attendance for their government class,
introduced themselves.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Luebben requested reports from the Council Members on their respective
committee assignments.
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CITY COUNCIL MINUTES JANUARY 8,2007
Council Member Bailev:
Council Member Bailey reported on his attendance and involvement at various
community events and activities.
Mavor Luebben:
Attended an O.C. Sanitation District Finance and Human Resources Committee
meeting. Attended an O.C. Sanitation District Board meeting. Attended an O.C. ~~
Sanitation District Finance Committee meeting. Mayor Luebben reported on his
attendance and involvement at various community events and activities.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Luebben adjourned the meeting at 9:18 p.m. to Monday,
January 22, 2007, beginning at 5:30 p.m. in the Executive Board Room.
~
MA YOR OF THE CITY OF CYPRESS
ATTEST:
(DUtUlL r6 Mkuo/\
CITY CLERK OF THE CITY OF CYPRESS
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