Minutes 2007-03-12 353
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
March 12, 2007
A regular meeting of the Cypress City Council was called to order at 5:30 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
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 Clerk.
The City Attorney reported that the City Council would also be meeting in Closed
Session regarding Conference With Legal Counsel -Existing Litigation, pursuant to
Government Code Section 54956.9(a); Moore v. City of Cypress, et al., Case Number
060002190, Orange County Superior Court.
At 6:15 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 7:01 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
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
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Junior Girl
Scout Troop #926.
INVOCATION: The invocation was given by City Attorney Wynder.
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CITY COUNCIL MINUTES MARCH 12, 2007
PRESENTATIONS:
A presentation was given by Carolyn Cavecche, Chairperson, Orange County
Transportation Authority, on the Renewed Measure M.
Ms. Cavecche presented a resolution to Mayor Pro Tem Seymore for his participation
on the Orange County Transportation Authority Super Committee.
REPORT OF CLOSED SESSION:
The Mayor asked for the report of the Closed Session Agenda items 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 Clerk.
The City Attorney stated that the current Interim City Clerk had been appointed as the
full-time City Clerk on a 4 to 1 vote. He stated that Council Member Mills voted Nay, not
on the appointment of the City Clerk, but based on his preference that the City Clerk
serve for an additional probationary period.
The City Attorney also reported that the City Council met in Closed Session regarding
Conference With Legal Counsel -Existing Litigation, pursuant to Government Code
Section 54956.9(a); Moore v. City of Cypress, et al., Case Number 060002190,
Orange County Superior Court. The City Attorney stated that the City of Cypress had
successfully resolved this case in its favor through summary adjudication and an appeal
is not anticipated.
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.
Dr. Verner Waite, Cypress, commended the Cypress Police Department.
Laura Herzog, American Cancer Society volunteer, spoke regarding the upcoming
Relay for Life, May 19-20, 2007 at Lexington Junior High School.
Mr. Samuel Villavicencio, Cypress, spoke regarding Agenda Item No. 13 and speeding
vehicles on Karen Avenue.
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.
The Acting Community Development Director provided background information on this
item.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak in favor or against the
item.
Hal Woods, Centerstone Communities, encouraged the City Council to tier the payment
schedule in several increments, if possible.
The public hearing was closed.
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CITY COUNCIL MINUTES MARCH 12, 2007
Mayor Luebben stated that what was before the City Council was what staff had been
asked to bring to the Council and that it basically attaches a fixed fee to each new unit
built. He stated that he felt this was a very fair approach and will be reviewed in one
year however, since staff was directed to bring back this ordinance, he has seen
several articles showing how much decline there has been in building permits and
buildings going up in Orange County. He stated that he felt $10,000 may be too high
and suggested introducing the ordinance as written, but change the fee to $8,000.
Council Member Narain commented that the old fees were not periodically evaluated
and that they should be, based on economic conditions and housing prices, with the
fees adjusted accordingly. He stated that the median housing price range in Cypress is
at best at the median or below the Orange County median. Different cities have
different fee structures which range from $4,000 - $12,000. He favored the median fee
of about $8,000 per unit.
Mayor Pro Tem Seymore stated that this issue has been worked on for approximately
eight months. He stated that good projects bring people and children to the community
and they will be using the parks. This isn't about park acquisition fees but about
maintaining and enhancing the parks the City has. When people are added to the
population, it will have an impact on the parks. He stated that the fees had not been
adjusted for 15 years and felt the City Council should maintain the amount established
at the Council workshop.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Mills, 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.
Council Member Bailey commented about the lengthy process to establish park
development fees. At the last workshop he asked that a formula be found, a basis of
what the inflated value of real estate is. His research indicated the average increase in
real estate in Orange County over the last 14 years has been 7% -7.25%. He stated
that it is going to take a sensible approach, a realization that this fee needs to come up,
and that it needs to be higher than it is.
Council Member Bailey wanted a concrete number as to how this can be adjusted. He
stated that if you take the fee of $3,000 in 1992 and inflate it at 7.25%, out 14 years that
comes up to $8,000, which is something he can support.
A substitute motion was made by Mayor Luebben and seconded by Council Member
Narain, that the City Council introduce for first reading the Ordinance by title only,
amending Section 25-4 of the Cypress City Code and Establishing Park Development
Fees Within the City of Cypress, amending the fee amount from $10,000 to $8,000.
The substitute motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Bailey, Narain and Luebben
NOES: 2 COUNCIL MEMBERS: Mills and Seymore
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.
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CITY COUNCIL MINUTES MARCH 12, 2007
Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO.
2007-01, A REQUEST TO ALLOW THE CONSTRUCTION OF A FIFTH (5 ~
DWELLING UNIT LOCATED AT 5598 CRESCENT AVENUE IN THE RM-15
RESIDENTIAL MULTIPLE-FAMILY ZONE.
The Assistant Planner provided background information on this item.
Council Member Bailey questioned staff on the applicant's intentions for the four
existing units.
The Assistant Planner stated that she had talked to the property owner and that the four
units will be remodeled. Condition No. 11 states that all units shall match the proposed
dwelling.
Council Member Mills disclosed that he drove around the property and saw that the four
units were single-story dwellings and what is being proposed is a two-story dwelling
unit.
Mayor Pro Tem Seymore asked if there was sufficient parking.
The Assistant Planner indicated that there are four guest parking spaces proposed for
the site. Currently, there are two existing guest parking spaces for the property next
door and there is also guest parking provided next to the proposed dwelling unit.
Mayor Pro Tem Seymore stated that he did not feel tandem parking provided viable
parking spaces and asked if it still meets the parking requirement.
The Assistant Planner responded that it did.
The applicant, Leo Ortega, stated that the property owner's son would be living in the
unit.
Council Member Bailey asked about the renovations to the existing units.
Mr. Ortega described the renovations to the existing units. He stated that they will
match the existing with the same roof, color stucco, and windows.
Council Member Narain inquired about Condition No. 11, requiring renovations on the
existing units.
The Assistant Planner commented that, as part of the approval, Condition No. 11
indicates that all of the units must match.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak either in favor or
against the item.
The public hearing was closed.
It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain,
that the City Council adopt the Resolution by title only, approving Conditional Use
Permit No. 2007-01, 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
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CITY COUNCIL MINUTES MARCH 12, 2007
RESOLUTION NO. 6004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2007-01
-WITH CONDITIONS.
Item No. 3: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 76-14, A REQUEST TO ALLOW AN AUTOMOTIVE RENTAL OFFICE
WITH VEHICLES ONSITE AT AN EXISTING AUTOMOTIVE SERVICE FACILITY
LOCATED AT 5032 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE
OF THE LINCOLN AVENUE SPECIFIC PLAN.
The Assistant Planner provided background information on this item.
Council Member Mills disclosed that he had driven by and looked at the property.
Mayor Pro Tem Seymore questioned staff as to a condition limiting the number of rental
vehicles that could be onsite at any given time.
The Assistant Planner stated that it was her understanding that the future tenant is only
going to utilize six parking spaces, although they are not calculated based on
employees.
Council Member Bailey asked about responses from the other tenants.
The Assistant Planner had no response from any of the other tenants.
The applicant, Maurice Lebanoff, stated that there will be six cars (spaces) allowed on
the premises. They will not be allowed any more spaces, or have any more cars than
six at any one time on the premises. He stated that one of the reasons he was working
with Avis is that they maintain their vehicles offsite.
Mayor Luebben requested clarification on what the main reason was for wanting this
tenant.
Mr. Lebanoff indicated that he wanted any tenant that was a cleaner use than the one
he had before. Enterprise has maintained their site very well and he felt his site was
even more manageable because it is a real auto center. The proposed use is a clean
use since they will not be doing any repair or maintenance.
The City Attorney asked the applicant if the obligation to allow six spaces was provided
in the lease agreement with the tenant, and would they be exclusively assigned spaces.
Mr. Lebanoff responded that his lease will permit them to only have six spaces and they
will be exclusively assigned spaces. Further, he had no objection if that was included
as a condition of approval.
Mayor Pro Tem Seymore asked how many employees they would have.
Mr. Lebanoff thought they would have one or two employees at all times. The tenants
would have the first three spaces on the west side, and then, the three spaces directly
through his opening to them so that their vehicles will be visible.
The public hearing was opened.
Mayor Luebben asked if there was anyone who wished to speak in favor or against the
item.
The public hearing was closed.
After discussion, Condition No. 12 was amended to read: "There shall be no vehicle
parking on the entrance driveway of the subject site. All vehicles shall be parked on
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CITY COUNCIL MINUTES MARCH 12, 2007
designated striped parking spaces. There shall be no more than six (6) spaces
assigned to this tenant, whether employee or rental car".
It was moved by Mayor Pro Tem Seymore and seconded by Mayor Luebben, that the
City Council adopt the Resolution by title only, approving Amendment to Conditional
Use Permit No. 76-14, subject to the conditions in Exhibit "A," as amended.
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. 6005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 76-14 -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 Mayor Luebben, to
approve Consent Calendar Items No. 4 through 12.
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 MEETING OF
FEBRUARY 26, 2007.
Recommendation: That the City Council approve the Minutes of the Meeting of
February 26, 2007, 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: APPROVAL OF ADVANCE FUNDING FOR AN ILJAOC INTERMEDIATE
CROSSROADS SERVER.
Recommendation: That the City Council: 1) Approve the increase in revenues in the
General Fund 3525-11 (other grants) in the amount of $5,000; and 2) Approve the
transfer from the General Fund (2200-11) in the amount of $5,000 to the Equipment
Replacement Fund (1200-90); and 3) Approve the appropriation of $5,000 from the
fund balance of the Equipment Replacement Fund to account 4305-90-656-35 for the n
purchase, setup, and configuration of an intermediate computer server.
Item No. 7: APPROPRIATION INCREASE FOR TRAFFIC SIGNAL MAINTENANCE
CONTRACT.
Recommendation: That the City Council: 1) Appropriate $42,000 from the unreserved
fund balance of the Lighting District Fund (Fund 25) to Account No. 4187-25-215-07;
and 2) Increase estimated revenues in the Lighting District Fund by $42,000 to Account
No. 3711-25 (Expense Reimbursement).
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CITY COUNCIL MINUTES MARCH 12, 2007
Item No. 8: AWARD OF CONTRACT FOR THE CONSTRUCTION OF A GATEWAY
MONUMENT SIGN ON BALL ROAD AT THE EAST CITY LIMITS, PUBLIC WORKS
PROJECT NO. 2006-25.
Recommendation: That the City Council: 1) Award a contract for Public Works Project
No. 2006-25, Construction of a Gateway Monument Sign on Ball Road at the East City
Limits, in the amount of $28,000, to the lowest responsible bidder Bravo Sign and
Design Inc., Anaheim, California; and 2) Authorize a contingency of $2,800 (10% of Bid
Amount) and direct the Director of Public Works/City Engineer to issue any necessary
change orders to complete additional work within budgetary authority.
Item No. 9: AWARD OF CONTRACT FOR THE IMPROVEMENT OF MOODY
STREET FROM NORTH CITY LIMIT TO LINCOLN AVENUE PUBLIC WORKS
PROJECT NO. 2005-15.
Recommendation: That the City Council: 1) Award a contract for the Improvement of
Moody Street from North City Limit to Lincoln Avenue, Public Works Project No. 2005-
15, in the amount of $924,924, to the lowest responsible bidder All American Asphalt,
Corona, California; and 2) Authorize a contingency of $138,000 (15% of Bid Amount)
and direct the Director of Public Works/City Engineer to issue any necessary change
orders to complete additional work within budgetary authority.
Item No. 10: ADOPTION OF AMENDMENT NO. 12 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT.
Recommendation: That the City Council approve Amendment No. 12 to Cooperative
Agreement No. C-95-970 with the Orange County Transportation Authority and
authorize the Mayor to execute said agreement.
Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 79740 THROUGH
79923.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2006-07.
Recreation & Park District Matters:
Item No. 12: AWARD OF CONTRACT FOR THE PURCHASE AND INSTALLATION
OF PLAYGROUND EQUIPMENT IN VARIOUS CITY PARKS. PUBLIC WORKS
PROJECT NO. 2006-26.
Recommendation: That the City Council, acting as ex-officio Governing Board of
Directors for the Cypress Recreation and Park District: 1) Increase estimated revenues
by $53,988 in the Recreation and Park District Fund (Account No. 3525-12), received
through the Workforce Housing Reward Program as authorized by City Council on
February 27, 2006, for purchase and installation of playground equipment at Evergreen
Park; and 2) Appropriate $53,988 from Recreation and Park District's unreserved fund
balance to Account No. 4186-12-500-29 for the purchase and installation of playground
equipment at Evergreen Park; and 3) Find that the U.S. Communities Master
Intergovernmental Purchasing Agreement satisfies the City's bid process, and award a
contract to Landscape Structures for the purchase of playground equipment, through
the U.S. Communities Intergovernmental Purchasing Agreement, in the amount of
$203,098.23; and 4) Award a contract for the Installation of Playground Equipment in
Various City Parks, in the amount of $192,900, to the lowest responsible bidder Green
Giant Landscape, Inc., La Habra, California; and 5) Authorize a contingency of $17,361
(9% of Bid Amount) and direct the Director of Public Works/City Engineer to issue any
necessary change orders to complete additional work within budgetary authority.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES MARCH 12, 2007
ORDINANCES:
Item No. 13: 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 and
compared the current and proposed nuisance abatement processes. The City Council
was asked to consider four options:
1. Adopt the Ordinance outright, implementing the new nuisance abatement
process.
2. Adopt the Ordinance, for aone-year trial basis.
3. Not adopt the Ordinance, and remain under the current nuisance abatement
process.
4. Customize an Ordinance of the City's own, without County enforcement.
Jennifer Phillips, Director of the Orange County Animal Control, was present to answer
any questions.
Mayor Luebben thanked staff for providing additional research. In looking at the
options, he felt that the County does need to help neighbors who truly do have a
problem with a barking dog, while still trying to provide some protection for the dog
owners. Mayor Luebben preferred Option 2, with staff providing a history of how the
process has worked, the City's experience, usage and cost.
Council Member Bailey stated that he also liked Option 2 and felt it was a positive and
proactive approach to the problem. He was also concerned with the due process
aspect, but thought that after a year with the City Council receiving a report on how well
it has worked with input from the participants and those cited, it would be great.
Council Member Narain stated that the issue is whether residents like continuously
barking dogs for thirty minutes to an hour. For most, it would be really difficult to bring a
complaint against a neighbor. He questioned the City Attorney about penalties for false
complaints.
The City Attorney indicated that perjury is a felony, which could possibly include the
potential for incarceration.
Council Member Narain stated that he also favored Option 2.
Council Member Mills commented about the burden of proof concerns expressed at the
last meeting. He is satisfied that there are sufficient safeguards in place in the
ordinance so that code enforcement personnel has the discretion, based upon what
their findings are, to either issue or not issue a citation. They can also counsel the dog
owner and provide tips, suggestions, etc. on how to deal with the situation.
It was moved by Mayor Luebben and seconded by Mayor Pro Tem Seymore, that the City
Council introduce for first reading the Ordinance by title only, adding Section 3-4 to
Chapter 3 of the City's Municipal Code related to animal control and barking dogs, and
directed staff to come back in one year with a report from those who participated in the
process. *:.r.
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 MARCH 12, 2007
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADDING SECTION 3-4 TO CHAPTER 3 OF THE CODE OF THE CITY OF
CYPRESS RELATING TO ANIMAL CONTROL AND BARKING DOGS.
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.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Young Chai, Cypress Chamber of Commerce, provided an update on Chamber
activities.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Luebben requested reports from the Council Members on their respective
committee assignments.
Manor Pro Tem Seymore:
Attended the reception for the new City Manager. Attended the Orange County Division,
League of California Cities meeting.
Council Member Mills:
Attended a legislative meeting at the Joint Forces Training Base in Los Alamitos.
Attended the Orange County Division, League of California Cities meeting.
Council Member Narain:
Attended the reception for the new City Manager. Council Member Narain reported on
his attendance and involvement at various community events and activities.
Council Member Bailey:
Attended the reception for the new City Manager. Council Member Bailey reported on
his attendance and involvement at various community events and activities.
Manor Luebben:
Attended aCity/Cypress School District Joint Steering Committee meeting. Will meet
with Anaheim Union High School District representatives, along with Council Member
Bailey, on March 13, 2007. Attended Orange County Sanitation District Steering
Committee and Board meetings. Attended the reception for the new City Manager. Met
with Navy representatives, along with Council Member Mills, regarding issues at the golf
course. Mayor Luebben reported on his attendance and involvement at various
community events and activities.
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CITY COUNCIL MINUTES MARCH 12, 2007
ITEMS FROM CITY MANAGER:
The City Manager thanked Bobby Blackburn, Doug Dancs and Laura Detweiler for their
recent efforts at the Cypress Theater.
Mayor Luebben asked about the City's Pavement Management Program.
The City Manager discussed the City's program and how there is a computer program
that looks at each street so that repair can be tailored to the type needed to prolong the
life of the street. He stated that only one percent of the City's streets are in poor
condition, which is pretty rare in today's cities.
The City Manager indicated that there are a number of cities that put very few general
fund dollars into streets. Through the guidance of Richard Storey, the City has been
programming infrastructure dollars, both for streets and buildings etc„ so the City is way
ahead of the game.
Mayor Pro Tem Seymore commented that one of the good things about the new
Measure M is that matching funds can be cut by 25% by having a Pavement
Management Program and the Signal Synchronization program.
Mayor Luebben asked about having boards announcing what agency and funds are
responsible at the various project sites.
The City Manager reported that this was being addressed by Public Works.
ADJOURNMENT: Mayor Luebben adjourned the meeting at 8:55 p.m. to a Special
Meeting on Monday, March 19, 2007, beginning at 5:30 p.m. in the Executive Board
Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
~U~~~-~-~.~ Cc~G~r~
CITY CLERK OF THE CITY OF CYPRESS
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