Minutes 2007-02-26 ''t V
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
February 26, 2007
A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor
Luebben in the Executive Board Room, 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:
City Manager John Bahorski
City Attorney William Wynder
Director of Finance and Administrative Services Richard Storey
Acting Director of Community Development Ted Commerdinger
Chief of Police Rick Hicks
Public Works Director Doug Dancs
Recreation and Community Services Director Laura Detweiler
Recreation Superintendent Dena Diggins
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Interim City Clerk Denise Basham
ORAL COMMUNICATIONS:
The following spoke regarding park development fees:
David Ashman, Recreation and Community Services Commission
Carlos Ramirez, Recreation and Community Services Commission
Rob Johnson, Recreation and Community Services Commission
Mariellen Yarc, Recreation and Community Services Commission
Don Hucker, Recreation and Community Services Commission
Hope Anderson, Cypress
Frank Sabato, Bowman Real Estate
Ed Bonanni, Bonanni Development
Mehandra Desai, Desai Construction and Developers, Inc.
Aric Anderson, Cypress
WORKSHOP SESSION:
The Acting Director of Community Development reviewed work done regarding park
development fees to date. He indicated that the new ordinance that was adopted by
the City Council only went into effect the previous Thursday and that at the time of its
adoption, the City Council had requested this workshop to address individual comments
and possible amendments.
Four options were presented for consideration based on those comments:
1, A 40-60-80-100% tiered approach
2. A flat rate fee
3. Continuation of the existing ordinance with a 50% fee reduction for limited
second dwellings/granny units
4. Continuation of the existing ordinance with clarifying language regarding
applicability of the fee
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
Mayor Luebben recommended the flat rate fee option, with Councilmember Bailey
concurring.
Councilmember Narain questioned staff on the Huntington Beach multi-tiered approach
based on geography and how problematic that was to enforce.
The Acting Director of Community Development stated that Huntington Beach staff
found it to be very difficult and subject to challenge.
Mayor Pro Tem Seymore suggested a 40-60-80-100% option, but a flat rate fee in the
range of $12,000 - $14,000 would be acceptable.
Mayor Luebben and Councilmember Bailey preferred the $8,000-$9,000 range.
Council Member Mills requested that language clarifying applicability be included in any
modification.
After discussion, it was the City Council's consensus to direct staff to schedule a public
hearing at the March 12, 2007 City Council meeting for an ordinance with a flat rate fee
of $10,000 per unit, irrespective of zone, with applicability language incorporated.
CLOSED SESSON:
The City Attorney reported that the Redevelopment Agency would be meeting in Closed
Session regarding Conference with Real Property Negotiators, pursuant to Government
Code Section 54956.8, Real Property Identified by APN Numbers 241-091-22, 23, 24,
25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between
Winners Circle and Siboney Street within the Los Alamitos Race Track and Golf Course
Redevelopment Project Area; Party Negotiating With: Burnham USA Equities, Hopkins
Real Estate Group, Navarro Retail Group, and Rich Development Company. `
Negotiating Party: Acting Community Development Director/Deputy Executive Director;
Under Negotiation: Site Status, Price and Offer Terms of Payment.
At 6:34 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 7:04 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:
City Manager John Bahorski
City Attorney William Wynder
Director of Finance and Administrative Services Richard Storey
Acting Director of Community Development 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
Assistant Planner Judy Aquino
Interim City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Luebben.
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Mayor Luebben presented a Special Recognition Certificate to Director of Finance and
Administrative Services Richard Storey for his service as Acting City Manager over the
last eight and one-half months.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that a workshop was held to discuss park fees. The City
Council will schedule a public hearing on park fees for March 12, 2007. The ordinance
will include a fixed fee, clarifying language, and aone-year review period.
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The City Attorney reported that the Redevelopment Agency met in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
Section 54956.8, Real Property Identified by APN Numbers 241-091-22, 23, 24, 25 and
26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between
Winners Circle and Siboney Street Within the Los Alamitos Race Track and Golf
Course Redevelopment Project Area; Party Negotiating With: Burnham USA Equities,
Hopkins Real Estate Group, Navarro Retail Group, and Rich Development Company;
Negotiating Party: Acting Community Development Director/Deputy Executive Director;
Under Negotiation: Site Status, Price and Offer Terms of Payment.
The City Attorney stated that a status report was provided on the latest round of
proposals, and an advisory provided as to the next step in selecting a potential
developer for the site. No reportable action was taken.
No other action was taken in Closed Session, nor was any solicited.
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, spoke regarding separation of church and state. He provided
the City Council with the text of a letter to Thomas Jefferson and President Jefferson's
reply.
Tim Keenan, Cypress, spoke regarding the Public Utility Commission's options for a
new area code in Orange County. The Board of Directors of the Cypress Chamber of
Commerce has unanimously taken a position in support of the option of an overlay of
the 714 area code.
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 AMENDMENT OF PARK FEE
ORDINANCE.
This public hearing was originally scheduled to be conducted as a follow up to tonight's
workshop. However, based upon the multiple options for an ordinance presented for
Council consideration and the inability to predict what outcome for an ordinance (if any)
would come out of the workshop, the City Attorney has stated that from a legal
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
perspective, he would prefer that this public hearing be moved to the March 12, 2007
meeting.
Mayor Luebben opened the public hearing.
Mayor Luebben continued the public hearing to the March 12, 2007 City Council
meeting.
Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2007-02, A REQUEST TO ALLOW AFULL-SERVICE CAR WASH AND MINI-MARKET
LOCATED AT 6000 CERRITOS AVENUE IN THE CG COMMERCIAL GENERAL
ZONE.
The Assistant Planner provided background information on this item.
The public hearing was opened.
The applicant, George Hoeing, briefly commented on the proposed project.
Mr. Ashok Parikh was in attendance representing the developer who is currently out of
town. He thanked the Acting Director of Community Development for his assistance.
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.
It was moved by Council Member Bailey and seconded by Council Member Narain, that
the City Council: 1) Adopt a Finding of De Minimis Impact, adopt the Mitigated Negative
Declaration, and adopt the Mitigation Monitoring Program in accordance with the
requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the
Resolution by title only, approving Conditional Use Permit No. 2007-02, subject to the
conditions in Exhibit "A."
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. 6003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2007-02
-WITH CONDITIONS.
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 Narain, to
approve Consent Calendar Items No. 3 through 10.
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 FEBRUARY 26, 2007
Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
FEBRUARY 5 AND FEBRUARY 12, 2007.
Recommendation: That the City Council approve the Minutes of the Meetings of
February 5 and February 12, 2007, as submitted.
Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND
RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO
WAIVE FURTHER READING.
Item No. 5: APPROVAL OF APPROPRIATION OF COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDING FOR DESIGN OF WALKER STREET WIDENING
FROM 100 FEET NORTH OF LINCOLN AVENUE TO PHILO STREET. PUBLIC
WORKS PROJECT NO. 2006-21.
Recommendation: That the City Council: 1) Increase estimated revenues by $35,000 in
the City's Capital Improvement Fund (Account No. 3572-15); and 2) Appropriate
$35,000 from the unreserved fund balance of the CIP Fund to Account No. 4186-15-
879-21 for design of Walker Street Widening on the west side from 100 feet north of
Lincoln Avenue to Philo Street, Public Works Project No. 2006-21.
Item No. 6: APPROVAL OF CONTRACT CHANGE ORDER AND APPROPRIATION
OF FUNDS FOR ADDITIONAL WORK ON THE BUILDING ACCESS CONTROL
SYSTEM.
Recommendation: That the City Council: 1) Approve an increase in revenues in the
General Fund 3525-11 (other grants) in the amount of $9,925; and 2) Approve a
transfer from the General Fund (2200-11) in the amount of $9,925 to the Equipment
Replacement Fund (1200-90); and 3) Approve the appropriation of $9,925 from the
fund balance of the Equipment Replacement Fund to account 4305-90-656-35 for the
purchase of additional hardware related to the Building Access Control System change
order.
Item No. 7: DONATION OF POLICE VEHICLES TO THE CRIMINAL JUSTICE
TRAINING CENTER AT GOLDENWEST COLLEGE.
Recommendation: That the City Council authorize the donation of two (2) used, marked
police vehicles to the Criminal Justice Training Center at Goldenwest College.
Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY.
2007.
Recommendation: That the City Council receive and file the Investment Report for the
month of January, 2007.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 79567 THROUGH
79739.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2006-07.
Recreation & Park District Matters:
Item No. 10: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS
TO ENTER INTO CONTRACT WITH ANDERSON AUDIO VISUAL FOR THE AUDIO
VISUAL SYSTEM AND INSTALLATION FOR THE CYPRESS COMMUNITY CENTER
MODERNIZATION AND EXPANSION PROJECT NUMBER 2005-35.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of the
Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and
its Construction Manager, Swinerton Builders, for Project Number 2005-35, Modernization
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
and Expansion of Cypress Community Center, to enter into contract with Anderson Audio
Visual for the audio visual system and installation in accordance to Section 3.7 of the July
10, 2006 Council Approved Program Management Agreement:
Trade Contractor Total Contract Amount
Audio Visual Anderson Audio Visual $37,541.33
END OF CONSENT CALENDAR
ORDINANCES:
Item No. 11: INTRODUCTION OF ORDINANCE ADDING SECTION 3-4 TO
CHAPTER 3 OF THE CITY'S MUNICIPAL CODE RELATED TO ANIMAL CONTROL
AND BARKING DOGS.
The Administrative Services Manager provided background information on this item.
Mayor Luebben felt the proposed ordinance seemed very expedient for a complaining
neighbor to hold someone accountable for what that neighbor considers to be a barking
dog and very lax on the control over a neighbor who possibly complains about
everything.
The Administrative Services Manager reviewed the current process when a complaint is
received and the anticipated improvements under the proposed ordinance. She
indicated that a citation is mandatory, but there is an administrative hearing process
whereby the owner and the complainant would have to appear.
Mayor Luebben expressed his concern about the lack of verification, in the interest of
expediency and convenience.
The Administrative Services Manager discussed perjury and indicated that sanctions
would be made against those individuals.
Mayor Pro Tem Seymore asked if the City had to adopt this ordinance in order for the
County to enforce it in Cypress.
The Administrative Services Manager indicated that the County cannot enforce their
particular new barking dog program without the City having this ordinance in place.
Mayor Pro Tem Seymore felt verification would be the better scenario.
Council Member Mills asked if staff had any data about barking dog complaints in the
City of Cypress.
The Administrative Services Manager reported that in 2005 there were 29 complaints
about barking dogs; in 2006 there were 49 complaints. However, staff was unable to
verify the magnitude of the number of dogs.
Mayor Luebben stated that he did not feel compelled to adopt an ordinance just
because the County did as it might not fit our City.
The City Attorney stated that the burden of proof rests with the citing authority to
demonstrate that the dog is a "barking" dog. An accusation carries with it the
presumption of innocence.
The City Attorney discussed the primary differences between the two ordinances.
Under the current system, the offense has to occur in the personal observation and
hearing of an animal control officer. The new ordinance states that if someone is willing
to swear under penalty of perjury that there is a barking dog, then a citation may be
issued and the process of adjudicating that citation moves forward. There can be
abuses of the system both ways.
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
Council Member Bailey questioned what would have happened in 2006 if this ordinance
had been in place.
The Administrative Services Manager responded that could not be determined due to
the lack of definitive data. The new program gives a dog owner 10 days to institute
training techniques or alternative methods to control the barking. The County Animal
Control has the authority to go forward with issuing a citation.
Council Member Bailey wanted to insure that the dog owner is not compelled to protect
himself as being innocent.
Mayor Luebben thought the burden of proof was shifted to the dog owner.
Mayor Pro Tem Seymore asked about the current procedure for handling complaints.
The Administrative Services Manager explained that that the current process is one of
due process. If there is a complaint, then typically a letter is sent to the owner, and they
are stipulating, based on the complaint, that there is a problem. An officer is not
required to go out. Subsequent complaints also have a letter produced from the
County, so that resolution is not very expedient because when an Animal Control
Officer does go out there, the dog may not be barking. Under the new ordinance the
County has made specific definitions to help describe what a barking dog is.
The City Attorney questioned if there was any fallback position that the County would
enforce, if the City did not adopt this ordinance.
It was moved by Mayor Luebben and seconded by Mayor Pro Tem Seymore, that this
item be continued to the March 12, 2007 City Council meeting.
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
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: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ITEMS FROM CITY COUNCIL MEMBERS:
Other Items:
1. Consideration of the California Public Utilities Commission's Options to Add a New
Area Code Within Orange County. (Requested by Council Member Mills)
Council Member Mills suggested a letter be drafted supporting the 714 overlay option.
The Administrative Services Manager provided background information on this item and
referred to maps showing the various proposals. The City of Cypress would be split at
Katella in Option No. 6.
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
Mayor Pro Tem Seymore questioned staff on dialing numbers under several scenarios.
The Administrative Services Manager indicated that there has been no indication of
what areas would remain 714 or become 657.
Mayor Pro Tem Seymore stated that he wanted to retain the 714 area code for the
entire city.
Council Member Bailey commented on whether the CPUC is going to listen to the City.
The Administrative Services Manager stated that she felt the CPUC would consider the
City's input.
Mayor Pro Tem Seymore felt there was much to be considered.
Mayor Luebben did not want to take the risk and supported the overlay option.
Council Member Mills commented on the overlay option. He indicated that it has been
tried and proven with area code 310, and the 424 overlay; that transition had very few
problems, if any. The overlay option accommodates future growth.
It was moved by Council Member Mills and seconded by Council Member Narain, that
the City Council endorse the California Public Utilities Commission's 714 overlay option,
and directed staff to prepare the appropriate correspondence for the Mayor's signature.
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
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Young Chai, Cypress Chamber of Commerce, provided an update on Chamber
activities.
Mayor Luebben requested reports from the Council Members on their respective
committee assignments.
Council Member Narain:
Attended the Cypress College Americana Awards. Participated in a tour of pumping
stations with the City Manager and Public Works Director.
Council Member Bailey:
Attended the Cypress College Americana Awards. Council Member Bailey reported on
his attendance and involvement at various community events and activities. He thanked
the Recreation and Community Services Director for the winter formal held at the
Cypress Senior Center.
Council Member Mills:
Attended D.A.R.E. ice cream socials at local schools. Attended the League of California
Cities meeting. Attended the Cypress Employees Recognition luncheon. Attended the
Cypress College Americana Awards. Council Member Mills reported on his attendance
and involvement at various community events and activities.
Mayor Pro Tem Seymore:
Attended the O.C. Fire Authority New Board Member Orientation. Attended an O.C.
Housing and Community Development Commission meeting. Attended the Cypress
s
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CITY COUNCIL MINUTES FEBRUARY 26, 2007
College Americana Awards. He stated that he was appointed as an alternate to the
O.C. Fire Authority Executive Committee. Mayor Pro Tem Seymore reported on his
attendance and involvement at various community events and activities.
Mayor Luebben:
Attended an O.C. Sanitation District Finance and Administration Committee meeting.
Attended the Cypress Employees Recognition luncheon. Attended the Cypress College
Americana Awards.
ITEMS FROM CITY MANAGER:
The City Manager asked the Recreation and Community Services Director for an
update on the Community Center modernization project.
The Recreation and Community Services Director presented slides showing the
Community Center expansion. She stated that the project is progressing well and has
reached the 50% completion milestone.
ADJOURNMENT: Mayor Luebben adjourned the meeting at 8:25 p.m. to Monday,
March 12, 2007, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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