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Minutes 2007-04-09 378 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 9, 2007 A regular meeting of the Cypress City Council was called to order at 5:31 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 Administrative Services Manager June Liu Bill Marticorena, Rutan and Tucker The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 54956.9(b); Number of cases: One. At 5:31 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 7:03 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 Associate Planner Kori Nevarez Recreation Superintendent Dena Diggins City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Manager Bahorski. INVOCATION: The invocation was given by City Attorney Wynder. X79 CITY COUNCIL MINUTES APRIL 9, 2007 PRESENTATIONS: The Mayor presented 50th Anniversary Banners and Certificates of Recognition to: Phil Wendell and Christy Schopp, Yamaha Motor Corporation Curt Neal, Mitsubishi Motors North America Chuck Hanson, Cypress Auto Body REPORT OF CLOSED SESSION: 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 Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 54956.9(b); Number of cases: One. The City Attorney stated that legal counsel reviewed the facts and circumstances which could give rise to litigation and discussed with the City Council a proposed litigation avoidance strategy, which was unanimously approved by the Council. 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. None. 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 CONDITIONAL USE PERMIT NO. 2007-04, A REQUEST TO OPERATE A PET GROOMING SHOP LOCATED AT 5113 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Seymore asked if the new barking dog ordinance would affect this business. The Associate Planner explained that regardless of the barking dog ordinance, the City can regulate these businesses through the Conditions of Approval. The public hearing was opened. The applicant, Jennifer Lee, was present to answer any questions. Council Member Mills questioned if pets would be kept beyond the store hours and what would happen if an owner did not pick up their pet by that time. The Associate Planner stated that they are not allowed to keep the animal past store hours. She stated that staff could contact the business owner to insure they have some type of policy in place in case the pet owner fails to pick up the pet before closing. Mayor Luebben questioned the applicant as to whether she has operated a similar business before. Ms. Lee indicated this is the first time. Council Member Bailey asked if there was some type of arrangement if the business closes for the day and the pet owner has not arrived. 2 ~8 CITY COUNCIL MINUTES APRIL 9, 2007 Ms. Lee stated that she would wait for the owner to arrive. Council Member Mills stated that he felt staff understood the City Council's concerns and would work with the applicant. 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 Council Member Narain and seconded by Council Member Mills, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2007-04, 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. 6008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2007-04 -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. 2 through 8. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MARCH 19 AND 26. 2007. Recommendation: That the City Council approve the Minutes of the Meetings of March 19 and 26, 2007, as submitted. Item No. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: ACCEPTANCE OF SEWER MODIFICATIONS AT FLORENCE STREET FROM FERNE AVENUE TO CERRITOS AVENUE, PUBLIC WORKS PROJECT NO 2004-07. Recommendation: That the City Council: 1) Approve Contract Change Order No. 1 in the amount of $30,500 and accept Modification of Sewer System at Florence Street from Ferne Avenue to Cerritos Avenue, Public Works Project No. 2004-07, as being satisfactorily completed in conformance with the project specifications, in the final amount of $243,375; and 2) Approve the final retention payment of $11,430.13 to Dominguez General Engineering Contractor, Rosemead, California, thirty-five (35) days 3 381 CITY COUNCIL MINUTES APRIL 9, 2007 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. 5: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF A TRAFFIC SIGNAL AT DENNI STREET AND VIA MAJORCA, PUBLIC WORKS PROJECT NO. 2006-29. Recommendation: That the City Council approve the plans and specifications for the installation of a traffic signal at Denni Street and Via Majorca. Item No. 6: AWARD OF CONTRACT FOR REPLACEMENT OF TWO VEHICLES. Recommendation: That the City Council find that the L.A. County Bid No. 31082455 satisfies the City's bid process, and award a contract to purchase two 2007 Chevrolet Impala Police Interceptors from Wondries Fleet Division, 1247 West Main Street, Alhambra, California 91803, in the amount of $42,158.40. Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 80163 THROUGH 80386. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation & Park District Matters: Item No. 8: APPROVAL OF FUND TRANSFER AND PURCHASE OF BLEACHERS AT OAK KNOLL PARK. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the appropriation of $33,818 in the Park District's Replacement Fund (Account 4310-83-650-35) for the replacement and installation of bleachers at Oak Knoll Park; and 2) Approve the transfer of $33,818 from the Park District's General Fund (2200-12) to the Park District's Equipment Replacement Fund (1200-83); and 3) Decrease the appropriation in the Park District's General Fund (Account 4186-12-537-29) ACUAF Capital/Maintenance Surcharge Account for $16,909; and 4) Award a contract for $33,818 to Aluminum Seating, Inc. for the purchase and installation of four (4), eight (8) row bleachers at Oak Knoll Park. END OF CONSENT CALENDAR ORDINANCES: 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: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. 4 X82 CITY COUNCIL MINUTES APRIL 9, 2007 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: Item No. 9: Discussion Regarding Conducting Joint City Council and Commission Meetings. (Requested by Council Member Narain) Council Member Narain indicated that he had served on the Senior Citizens Commission for over eight years and they used to have an annual joint meeting with the City Council. The Senior Commissioners feel that the joint meetings should be resumed, as they improved communication between the Commissioners and the Council Members, and the Council obtained a better understanding of the Commission's goals. Council Member Narain proposed that the joint meetings be resumed and held at least once or twice a year. Council Member Mills indicated that the Cypress School District Board has expressed a similar desire. Mayor Luebben reported that he and Council Member Bailey are serving on the City/ Cypress School District Joint Steering Committee and they are in the process of having a number of meetings on ongoing issues. He stated that the idea of a joint meeting has been brought up, but at this time he felt it was premature and would like to wait a month or two before they do that. Council Member Bailey requested clarification on whether this would be a joint meeting with all Commissioners or a joint meeting with each Commission. Council Member Narain stated that he was proposing joint meetings with individual Commissions at different times. Mayor Pro Tem Seymore inquired as to what the joint meetings were designed for. Council Member Narain stated that he felt the meetings would facilitate the process and make it even better. Mayor Luebben stated that he felt Commissioners looked forward to meeting with the Council and that the joint meetings were a means of getting direction. Mayor Pro Tem Seymore was not opposed to joint meetings but wanted to prevent overbooking of Council Members' calendars. Council Member Mills felt the strengths he saw in Council Member Narain's suggestion were morale, team building and expression of appreciation, etc. The Administrative Services Manager stated that the City is currently recruiting for Commissioners and that the City Council will be conducting a number of interviews during the month of May. She stated that in the past, the joint meetings were held during workshops. It was moved by Council Member Narain and seconded by Council Member Bailey, that the City Council conduct joint meetings with the City Commissions beginning in September. 5 383 CITY COUNCIL MINUTES APRIL 9, 2007 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 Mayor Luebben requested reports from the Council Members on their respective committee assignments. Council Member Narain: Attended a breakfast meeting with State Senator Tom Harmon. Attended a retirement celebration at the Cypress School District for Officer Pam Kelch. Attended the Citizens Police Academy graduation. Attended the Arbor Day Celebration. Council Member Mills: Attended the Citizens Police Academy graduation. Attended SCAG meetings in Los Angeles. Attended a breakfast with Senator Tom Harmon. Attended the Arbor Day Celebration. Council Member Mills expressed his concern regarding unsolicited curb painting. Police Chief Hicks stressed that the public should contact the Police Department regarding curb painting. He stated that the Police Department was able to identify certain individuals and will now be pursuing action with the City Attorney and the District Attorney against those parties. Council Member Bailey: Attended a retirement celebration at the Cypress School District for Officer Pam Kelch. Attended the Arbor Day Celebration. Attended the annual Easter Egg Hunt. Mayor Pro Tem Seymore: Attended the DARE graduation at St. Irenaeus Church, where Officer Pam Kelch was honored. Attended the Citizens Police Academy graduation. Attended the Arbor Day Celebration. Attended the annual Easter Egg Hunt. Mayor Pro Tem Seymore reported on his attendance and involvement at various community events and activities. Mayor Luebben: Attended a meeting of the City/Cypress School District Joint Steering Committee. Attended a meeting with Terry Van Cleave, General Manager, Western Region Headquarters, Mary Kay Cosmetics. Attended Orange County Sanitation District meetings. Attended the Cypress School District Board meeting where Officer Kelch was recognized for her 17 years of DARE service. Attended the Arbor Day Celebration. Attended the annual Easter Egg Hunt. Mayor Luebben read letters he had received from the Tanglewood North Homeowners Association commending the Police Department and from Orange County Sheriff- Coroner Michael Corona providing statistics on their new Immigration and Nationality Act Cross-Designation Program. ITEMS FROM CITY MANAGER: No items. s 384 CITY COUNCIL MINUTES APRIL 9, 2007 ADJOURNMENT: Mayor Luebben adjourned the meeting at 7:58 p.m. in memory of Jewell Tolkin, to a Special Meeting to be held on Saturday, April 14, 2007, beginning at 8:30 a.m. at the Courtyard by Marriott, 5865 Katella Avenue, Cypress. MAYOR OF THE CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7