Minutes 2008-02-11+~'
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY. COUNCIL
HELD
February 11, 2008
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Seymore in the Executive Board Room, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor/Agency Chair Todd Seymore
Mayor Pro Tem/Agency Vice Chair Leroy Mills
Council/Agency Board Member Doug Bailey
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Agency Counsel Dan Slater
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
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
Finance, Manager Matt Burton
Administrative Services Manager June Liu
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The City Manager stated that this is the first in a series of workshop related to
Redevelopment law. He stated that Agency Counsel Dan Slater is in attendance and
will provide informative handouts for the City Council.
Agency Counsel Slater spoke of various Redevelopment Plan adoptions and
implementation actions taken by the City of Cypress, further reviewing the time limits on
establishing indebtedness and to incur indebtedness.
Council Member Bailey asked about the time constraints for bond payoff
Agency Counsel Slater replied that the bonds would have to be paid off by 10 years
after the tax increment receipt time limit.
Council Member Luebben inquired as to the feasibility of funding projects such as storm
drain and sewer repairs under the Redevelopment Agency Capital Improvements.
Agency Counsel Slater responded that projects such as storm drain and sewer repairs
would not be appropriately funded projects.
Agency Counsel Slater spoke of the acquisition and disposition of Redevelopment
Agency property, informing that the City of Cypress has eminent domain authority
pursuant to the Merged Redevelopment Plan. In conclusion, Mr. Slater spoke of the
Redevelopment Agency's obligations to affordable housing and the requirements and
restrictions associated with such.
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CITY COUNCIL MINUTES
The City Attorney reported that the Redevelopment Agency would be meeting in Closed
Session regarding Conference with Labor Negotiators, pursuant to Government Code
Section 54957.6(a); Agency Negotiators: William Wynder and Richard Storey;
Unrepresented Employee: City Manager.
At 6:26 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 Seymore.
Members present:
Mayor/Agency Chair Todd Seymore
Mayor Pro Tem/Agency Vice Chair Leroy Mills
Council/Agency Board Member Doug Bailey
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
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
Redevelopment Project Manager Steve Clarke
Senior Planner Doug Hawkins
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Luebben.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Tiffany Reynolds, Mothers Against Drunk Driving (MADD), presented the Top
Departmental DUI Arresting Officer Award for the Cypress Police Department to
Cypress Police Officer Paulo Morales.
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 City Council held the first in a series of workshops to
discuss the Cypress Redevelopment Agency to focus on the principles of
redevelopment.
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
Conference with Labor Negotiators (pursuant to Government Code Section 54957.6(a);
Agency Negotiators: William Wynder and Richard Storey; Unrepresented Employee:
City Manager. The City Attorney stated that an opportunity was provided to ask questions
about a brief comparative compensation review that was circulated to City Council. No
questions were asked nor was any reportable action taken.
No other action was taken in Closed Session, nor was any solicited.
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CITY COUNCIL MINUTES
FEBRUARY 11, 2008
ORAL COMMUNICATIONS• LIMITED TO ONE-HALF HOUR. (THREE M/NOTES
PER SPEAKER, SPEAKING ONCE.)
Mayor Seymore asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Paula English, Cypress, spoke regarding holding a workshop for discussion with the
City Council regarding the arts groups.
William Griffin, Cypress, regarding repeal of ordinance concerning artificial grass from
his property.
Charles Siemens, regarding Agenda Item No. 14.
Anne Nieto, Cypress, regarding Agenda Item No. 14.
Brian Hodge, Cypress, regarding Agenda Item No. 14.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
item No. 1: AN ADMINISTRATIVE HEARING REGARDING AN APPEAL OF THE
COMMUNITY DEVELOPMENT DIRECTOR'S CONDITIONS OF APPROVAL FOR
SMOKING LOUNGE PERMIT NO. 2007-01 FOR THE CAFE ODYSSEY LOCATED AT
6306 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.
The City Attorney provided information and direction of the administrative hearing
process. He stated that this is an appeal from a Director's determination, granting a
permit for the Cafe Odyssey with conditions of approval from which the applicant is
appealing some of those conditions of approval. The consideration before City Council
will be whether to grant the appeal, overrule the appeal, or take some other action as is
warranted by the evidence.
The Senior Planner provided background information on this item.
The City Attorney stated that the staff report and all the attachments would be made a
part of the administrative record.
Council Member Narain asked about the residential area in proximity to the business.
The Senior Planner responded that the residential area is to the immediate south of the
business.
Council Member Bailey asked if this was the only smoking lounge in the City.
The Senior Planner replied that this is the only smoking lounge in the City.
The public hearing was opened
Jennifer Lumsdaine,. attorney for applicant, commented that the condition of limiting the
business' hours. of operation would lead to a certain demise of the business because
more than 50% of Cafe Odyssey's business is after 11:00 p.m. The nature of smoking
a hookah takes 45 minutes to 1'/2 hours, thereby, limiting patrons' activity. Ms.
Lumsdaine submitted for City Council's review a petition with more than 400 signatures
in opposition of the modification of the hours of operation. She further informed that Mr.
Jebo has made concerted efforts to address neighboring concerns.
Council Member Luebben asked if information could be provided on any other smoking
lounges in the general area or surrounding cities and what their hours of operation are.
Ms. Lumsdaine responded that she does not have information on other surrounding
lounges. However, Mr. Jebo's family does operate other hookah lounges in the
Riverside area, and those lounges stay open until 4:00 a.m.
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7 " FEBRUARY 11, 2008
CITY COUNCIL MINUTES
Firas Jebo, applicant, commented that there are several hookah lounges in the
Anaheim area that are open until 4:00 a.m., as well.
Council Member Bailey .asked Mr. Jebo when he purchased the business, further
inquiring as to the business lease terms including the hours of operation.
Mr. Jebo replied that he purchased the business in May 2006. And, at that time, the
lounge hours were 7:00 a.m. - 2:00 a.m.
The Senior Planner clarified that the business hours of operation, at that time, were
midnight, Sunday through Thursday, and 1:00 a.m. on Friday and Saturday.
The City Attorney reiterated that the business was not permitted to be open until 2:00
a.m. due to ongoing code enforcement compliance with the City.
Ms. Lumsdaine stated that Mr. Jebo spent more that $56,000 on the business
purchase, and has since put in more than $4,000 and other upgrades into the business.
Mayor Pro Tem Mills commented that the business was purchased with the conditions
that were in place, knowing the hours of operation.
Mr. Jebo responded that he purchased the property in May, but did not know of the
conditions until August 9.
Mayor Pro Tem Mills commented that the Agenda Report states that a change of
ownership for the business was issued in April 2006.
The Senior Planner stated that, when Mr. Jebo obtained the business license
application, he was informed of the business hours of operation. Staff also recently
spoke with him in regard to the smoking ordinance. Mr. Jebo indicated that he was in
attendance at the City Council meeting with the previous owner and was aware of those
provisions.
Ms. Lumsdaine commented that there is nothing in the ordinance that requires these
hours of operation; the ordinance is completely silent on hours of operation. It is her
understanding that the conditions were put in place because of concerns regarding the
proximity to residential areas. She feels those concerns have been sufficiently
addressed with the residents on an interactive basis.
Mayor Seymore asked if there was anyone who wished to speak in favor of the item.
Michael Trabert, Cypress
Nan Ran-Santos, Cypress
Brian Bowden, Cypress
Mayor Seymore asked if there was anyone who wished to speak against the item.
Ghani Ayesh, Cypress
Shabnam Eslahd
Paul Benjamin, Los Alamitos, property manager for the site
Eric Gomez, Downey
Nolan Singh, Buena Park
James Roccio, La Habra
Daniel Rodriguez, Downey
Steve Hoskins, Anaheim
Rojid Doshi, Cypress
Mayor Pro Tem Mills questioned the petitions that were submitted to the Council.
Ms. Lumsdane stated that the petitioners are customers of Cafe Odyssey which is
providing adrug-free, alcohol-free place for younger adults to hang out, and stressed
the need for a place for young people to socialize in a common, peaceful setting.
Furthermore, the issue of glass bottles in the parking lot stem from the adjacent liquor
store, as Cafe Odyssey does not serve glass bottles.
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CITY COUNCIL MINUTES FEBRUARY 11, 2008 071
Mayor Pro Tem Mills asked the Police Chief about complaints received or comments
regarding the location.
The Police Chief stated that, over the last two years, there were 92 calls for service of
which 7 resulted in crime reports taken including drug and warrant arrests; in 2007, that
figure decreased to 69. He further informed of man hours vested in past years.
Council Member Bailey asked the Police Chief for a comparison with other businesses.
The Police Chief commented that the service calls equate to approximately nine calls
for service or self-initiated activities per month, over the course of two years.
Council Member Luebben commented on the fairly low crime activity within the City,
and how it might be difficult to compare the self-initiated activity at Cafe Odyssey to
other establishments within the City that do not have similar late night activity.
The Police Chief responded that the Officers patrol areas where they need to direct
their activities to protect the peace and order of the community.
Council Member Narain asked about the location of the liquor store and the trash that is
left in the parking lot and how that affects the residential area.
The Senior Planner replied that, typically, the trash is removed by the early part of the
next day and that, until this evening, concerns in regard to trash had not been voiced by
property owners.
Council Member Luebben asked about access by the homeowners.
The Senior Planner responded that there is a reciprocal access easement.
Council Member Bailey asked about the liquor store to the east of the business, and the
relation to the trash being left.
Council Member Narain asked the Police Chief regarding information on similar
businesses in surrounding cities.
The Police Chief commented that he has antidotal numbers from surrounding cities that
hookah bars do tend to have call for service issues concerning noise, loitering, and
suspicious individuals. However, there are no specific numbers for comparison.
The public hearing was closed.
Council Member Luebben commented that he believes there is a certain amount of
sincerity in the property owner's presentation, in that he has made accommodations to
control some of the problems that were brought to his attention. The hours of operation
are not very good for business, as well. However, there are some problems associated
with the cliental.
Council Member Bailey commented on the benefits of having an establishment for
young adults to congregate. However, there is an impact to the adjacent single-family
homes. Business hours of operation until 1:00 a.m. on weekends and 12:00 a.m.
weekdays is sufficient.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that
the City Council: 1) Deny the applicant's appeal requesting an extension in the hours of
operation for the Cafe Odyssey; and 2) Uphold the Director's conditions of approval for
Smoking Lounge Permit No. 2007-01, as set forth in Exhibit "E" of the report.
A substitute motion was made by Council Member Narain and seconded by Council
Member Luebben, amending the conditions of approval to extend the hours of
operation until 2:00 a.m. on Friday and Saturday with an oversight review in six months.
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CITY COUNCIL MINUTES
FEBRUARY 11, 2008 O'72
The motion failed by the following roll call vote:
AYES: 2 COUNCIL MEMBERS: Narain and Luebben
NOES: 3 COUNCIL MEMBERS: Bailey, Mills and Seymore
ABSENT: 0 COUNCIL MEMBERS: None
A second substitute motion was made by Mayor Seymore and
Member Bailey, that the City Council: 1) Deny the applicant's
extension in the hours of operation for the Cafe Odyssey; and 2)
conditions of approval for Smoking Lounge Permit No. 2007-01,
"E" of the report, as amended to require a fire alarm on
establishment.
seconded by Council
appeal requesting an
Uphold the Director's
as set forth in Exhibit
the backdoor of the
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Mills and Seymore
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
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.
Mayor Pro Tem Mills requested that Agenda Item No. 5 be pulled from the Consent
Calendar.
Council Member Narain requested that Agenda Item No. 6 be pulled from the Consent
Calendar.
It was moved by Mayor Seymore and seconded by Mayor Pro Tem Mills, to approve
' Consent Calendar Items No. 2 through 4 and 7 through 13.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 3: SECOND READING OF AN ORDINANCE REPEALING CERTAIN
PROVISIONS OF THE MUNICIPAL CODE RELATING TO STREET TREES TO BE
CONSISTENT WITH THE PARKWAY TREE POLICY.
Recommendation: That the City Council adopt the Ordinance by title only, repealing
certain provisions of the Municipal Code relating to street trees.
ORDINANCE NO. 1099
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REPEALING CERTAIN PROVISIONS OF THE MUNICIPAL
CODE RELATING TO STREET TREES TO MAINTAIN CONSISTENCY
WITH THE COUNCIL ADOPTED PARKWAY TREE POLICY.
Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
JANUARY 28. 2008.
Recommendation: That the City Council approve the Minutes of the Meeting of
January, 28, 2008, as submitted.
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WAIVE FURTHER READING.
CITY COUNCIL MINUTES
FEBRUARY 11, 2008
Item No. 7: ACCEPTANCE OF IMPROVEMENT OF MOODY STREET FROM
NORTH CITY LIMIT TO LINCOLN AVENUE AND APPROVAL OF CONTRACT
CHANGE ORDER NO. 2 PUBLIC WORKS PROJECT NO. 2005-15.
Recommendation: That the City Council: 1) Approve Contract Change Order No. 2 to All
American Asphalt,. 400 E. 6"' Street, Corona, California 91718, in the amount. of
$50,144.74; and 2) Accept the Improvement of Moody Street, Public Works Project No.
2005-15, as being satisfactorily completed in conformance with the project specifications,
in the final amount of $1,081,846.26; and 3) Approve the final retention payment of
$108,184.63 to All American Asphalt, Corona, California; and 4) 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. 8: APPROVAL OF AMENDMENT NO. 1 TO ORANGE COUNTY
TRANSPORTATION AUTHORITY'S "GO LOCAL" COOPERATIVE AGREEMENT NO.
C-7-0773 FOR DEADLINE EXTENSION.
Recommendation:. That the City Council: 1) Approve and authorize the City Manager to
execute Amendment No. 1 to Cooperative Agreement No. C-7-0773 "Go Local" program,
between the Orange County Transportation Authority (OCTA) and the City of Cypress;
and 2) Authorize an increase in Estimated Revenues by $100,000 in Account No. 3525-
39 (Other Grants) for the receipt of funds from the OCTA; and 3) Authorize the
appropriation of funds received from OCTA, in the amount of $100,000, to Account No.
4186-39-893-21.
Item No. 9: APPROVAL OF AMENDMENT NO. 1 TO ORANGE COUNTY
SANITATION DISTRICT COOPERATIVE PROJECTS PROGRAM CONTRACT NO
0601. PUBLIC WORKS PROJECT NO 2006-18
Recommendation: That the City Council approve and authorize the City Manager to
execute Amendment No. 1 to the Orange County Sanitation District (OCSD) Cooperative
Projects Program, Contract No. 0601, for Sewer Condition Assessment Plan, Public
Works Project No. 2006-18.
Item No. 10: APPROVAL OF COUNTY PROPOSITION 42 -CITY AID PROGRAM
AGREEMENT FOR FISCAL YEAR 2008/09.
Recommendation: That the City Council: 1) Approve and authorize the City Manager to
execute the agreements as required in the County's Proposition 42 --City Aid Program
(CAP); and 2) Authorize an increase in Estimated Revenues by $165,383 in Account No.
3525-22 (Other Grants) for the receipt of funds from the County of Orange; and 3)
Authorize the appropriation of funds received from the County of Orange, in the amount
of $165,383, to Account No. 4187-22-493-21, for use in the fiscal year 2008-09 Arterial
Pavement Rehabilitation Project.
Item No. 11: APPROVAL OF AGREEMENT TO TRANSFER FUNDS FOR 2007
EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
Recommendation: That the City Council: 1) Accept an Emergency Management
Performance Grant check in the amount of $3,110 from the County of Orange; and 2)
Approve an increase to estimated revenues in the General Fund in Other Grants, account
number 3525-11-999-99, in the amount of $3,110 for the 2007 Emergency Management
Performance Grant; and 3) Approve the appropriation of $3,110 from the 2007
Emergency Management Performance Grant to the unreserved fund balance of the
General Fund to Small Tools and Equipment Emergency Services account number 4113-
11-180-05, for the purchase of various emergency services equipment; and 4) Authorize
the Mayor to execute two (2) original copies of the "Agreement to Transfer Funds for
2007 Emergency Management Performance Grant Program."
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CITY COUNCIL MINUTES
Item No. 12: APPROVAL E OF BE IWEEN THE CIMY OF CYPRESS AND OHNEB.
EMPLOYMENT AGREEM
BAHORSKI.
Recommendation: That the City Council approve the First Amendment to City Manager
Employment Agreement Between the City of Cypress and John B. Bahorski.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 84613 THROUGH
84856.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2007-08.
Reaardina Item No. 5: A FIVE-YEAR REVIEW OF CONDITIONAL USE PERMIT
NO. 97-10 REGARDING THE EXISTING TELECOMMUNICATIONS ANTENNA
FACILITY LOCATED AT 6555 KATELLA AVENUE, Mayor Pro Tem Mills
recommended that Condition #21 reflect the replacement of the words "City Council"
with "Community Development Director" with a period after the word consideration,
along with the deletion of the words "at a public hearing." This modification will give the
Community Development Director authority over any future feasible advancements.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Narain, that
the City Council receive and file the report, as amended.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Mills and Seymore
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 0 COUNCIL MEMBERS: None
Reaardina Item No. 6: DESIGN REVIEW COMMITTEE PERMIT NO. 2007-08. A
REQUEST TO INSTALL A STEALTH CELLULAR ANTENNA FACILITY ON AN
EXISTING MEDICAL OFFICE BUILDING LOCATED AT 5177 BALL ROAD WITHIN
THE OP OFFICE PROFESSIONAL ZONE, Council Member Narain asked for
clarification on the location of the antenna.
The Community Development Director responded that the antenna is inside of the
existing tower, with minor modifications.
Council Member Bailey asked about the height of the antenna facility.
The Community Development Director replied that it will be an 8' foot extension.
It was moved by Council Member Narain and seconded by Mayor Pro Tem Mills, that
the City Council adopt the Resolution by title only, approving Design Review Committee
Permit No. 2007-08, 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, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
RESOLUTION NO. 6072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT
NO. 2007-08 -WITH CONDITIONS.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
ORDINANCES:
No items.
NEW BUSINESS:
No items.
FEBRUARY 11, 2008
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.
NEW BUSINESS:
Item No. 14: ADOPTION OF A NEIGHBORHOOD IMPROVEMENT PLAN FOR THE
LEMON AND LIME NEIGHBORHOOD.
The Redevelopment Project Manager provided background information on this item.
Mayor Seymore asked if staff has had communication with the actual homeowners or
the unit owners, and presented the recommendations and received their support of the
proposed recommendations.
The Redevelopment Project Manager responded that staff has met with the property
owners and presented them with the improvement plan, giving them an opportunity to
provide additional input if necessary. As outlined in the Agenda Report, the 11
recommendations are in the order of priority suggested by the tenants.
Mayor Seymore asked about the possibility of non-profit organizations willingly
purchasing units from the owners.
The Redevelopment Project Manager commented that what would likely happen is that
a non-profit affordable housing developer would purchase a rental complex and then
rehabilitate it.
Council Member Luebben commented on the uncertainly, uneasiness, and lack of
clarity among some of the tenants, encouraging staff to make a concerted effort within
the next week to distribute this report to every resident and reschedule a neighborhood
meeting to allow staff to answer questions. He requested that this matter be continued
to the City Council meeting of March 24, 2008 for consideration.
Mayor Pro Tem Mills commented that there have been many outreaches and he is in
support of further outreach as this matter is not time critical. However, he believes that
staff has done a due diligent job.
Council Member Bailey agreed with Mayor Pro Tem Mills and further stated that staff
has done an effective job in notifying the tenants by conducting surveys and meetings.
He inquired, however, why this project falls under the jurisdiction of the Cypress
Redevelopment Agency.
The Redevelopment Project Manager replied that because of the affordable housing
component, the project falls under the jurisdiction of the Cypress Redevelopment
Agency.
Council Member Bailey commented that he has read the original homeowners
agreement dated 1965, and asked for clarification on Columbia Enterprises and how
Parcel 28 has evolved to what it is today. He further asked about Parcel 28 and the
appropriateness for the City to deed the property.
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CITY COUNCIL MINUTES
Council Member Luebben stated
additional meeting with all property
has not done a thorough job. This
the property owners is necessary.
own ,
consideration. `
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
FEBRUARY 11, 2008
that his recommendation for staff to have an
owners does not imply that he believes that staff
s a unique project and further communication with
It was moved by Council Member Luebben and seconded by Council Member Narain,
that the Redevelopment Agency Board immediately distribute the Neighborhood
Improvement Plan to all property owners, reschedule a meeting with all property
ers and continue this item to the March 24, 2008 City Council meeting for
The meeting was recessed at 9:33 p.m.
The meeting was reconvened at 9:39 p.m.
Item No. 15: "IN GOD WE TRUST" LETTERING (Mayor Pro Tem Mills).
Council Member Mills stated that an article in the Orange County Register regarding the
City of Westminster's display of our Nation's motto in their Council Chambers is what
prompted him to bring this matter before the City Council. He stated that Cypress has a
number of veterans and, as a career military person, the display of our Nation's motto
would be a tremendous show of appreciation for all of the sacrifices that all of our
military have made, both past, present and future, to protect and preserve the freedoms
that we enjoy so much. He recommends City Council consideration and approval.
Council Member Narain stated that, personally, he has a strong faith in prayer and God.
However, when making a decision collectively as a Council Member the varied
representation of the residents must be taken into consideration. As stated in the
Agenda Report, there are 27 cities that have adopted this wording on their dais,
commenting that he is more inclined to abstain from such action. He asked how many
cities are in the state of California.
The City Clerk responded that, according to the League of California Cities, there are
currently 478 incorporated cities in California.
Council Member Luebben commented that Council Member Narain should reconsider.
an abstention vote and vote for or against this matter based on his beliefs and what he
was elected to do. He, too, believes in his own God, however, recognizes the diversity
of the Cypress community. He has received letters and a-mails from community
members expressing concern with the invocation given at each City Council meeting.
He spoke of the history of the motto and the intent of such. Out of 34 cities in Orange
County, the City of Westminster is the only one that has adopted this motto. He feels
that the "In God We Trust" motto does not necessarily belong in the Council Chamber
behind the dais.
Council Member Bailey stated that he feels a bit uncomfortable about discussing a
matter that is above and beyond a legislative matter. He commented on the letter
attached to the Agenda Report from the Pacific Justice Institute offering to defend the
City in a court of law. He would be inclined to continue this matter, as he feels it is
beyond the scope of the purview of the City Council Members.
Mayor Seymore stated that this is our National motto and is on the walls of the highest
court in the Nation. It is on our money, it is what this Country was founded on, it is a
part of our history, a part of American culture. He believes it is in no way a statement of
religion, rather a motto to be proud of. It is important that it be known that the City of
Cypress believes in this Nation and believes in the laws governing this Nation. It's
freedom of religion not freedom from religion.
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CITY COUNCIL MINUTES
FEBRUARY 11, 2008
Council Member Luebben stated that he is hearing a lot of connectivity between the
armed forces and Americana, and he is attempting to apply the nexus of such.
The following spoke in support of placing the lettering in the Council Chambers:
Don Seward, Cypress
Deanna Merriman, Cypress
It was moved by Mayor Pro Tem Mills and seconded by Mayor Seymore, that staff
proceed with the placement of "In God We Trust" lettering in the Council Chambers.
The motion was carried by the following roll call vote:
AYES: 2 COUNCIL MEMBERS: Mills and Seymore
NOES: 1 COUNCIL MEMBERS: Luebben
ABSENT: 2 COUNCIL MEMBERS: Bailey and Narain
The City Attorney stated that, abstentions, under the law, flow with the majority of the
vote. An abstention cannot be used from preventing the government from taking an
action. Thus, in this context, the abstentions will be deemed to be a consent to the
action of the majority.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Mary Crowder, Cypress, spoke regarding Agenda Item No. 15.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Seymore requested reports from the Council Members on their respective
committee assignments.
Council Member Bailey~
Attended the State of the City luncheon. Attended the groundbreaking for the new O.C.
Fire Authority fire station in Cypress. Attended an Anaheim Union High School District
meeting at Cypress High School regarding fees and field usage. Attended a Cypress
High School basketball game. Attended a Challenger League baseball game.
Mayor Pro Tem Mills:
Asked about the 714 area code overlay on the local cable channel. Reminded of digital
television in 2009. Attended the State of the City Luncheon. Attended the
groundbreaking for the new O.C. Fire Authority fire station in Cypress. Attended the
viewing of FOCCA art placement at the Cypress Community Center. Attended the Los
Alamitos State of the City Luncheon. Attended a SCAG Transportation and
Communications Committee meeting. Participated in a SCAG five-day regional
academy.
Council Member Narain•
Attended the State of the City Luncheon. Attended the groundbreaking for the new
O.C. Fire Authority fire station in Cypress. Attended the viewing of FOCCA art
placement at the Cypress Community Center. Attended the Los Alamitos State of the
City Luncheon. Attended a meeting with Debra Ashby, RN, Public Affairs for the South
Coast Air Quality Management District. Attended the Woman's Club of Cypress
fundraiser at the Cypress Senior Center.
Council Member Luebben•
Spoke regarding the joint use agreement for the Cypress Civic Theatre Guild, noting
staff's due diligence in tending to this matter in an attempt to find an alternate site for
the group. At this time, there is not a stand alone facility in the City of Cypress for the
Cypress Civic Theatre, nor are there funds available for such.
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CITY COUNCIL MINUTES
FEBRUARY 11, 2008
_Mayor Seymore:
Attended the monthly BRACE meeting. Attended the State of the City Luncheon and
provided the address. Attended the groundbreaking for the new O.C. Fire Authority fire
station in Cypress. Attended the viewing of FOCCA art placement at the Cypress
Community Center. Attended the Los Alamitos State of the City Luncheon. Attended
an Anaheim Union High School District meeting at Cypress High School regarding fees
and field usage. Attended the Woman's Club of Cypress fundraiser at the Cypress
Senior Center. Attended the Mount Calvary Lutheran Church's 50th anniversary
celebration. Participated in a promotional ceremony for Ron Cabrera at the Los
Alamitos Joint Forces Training Base.
ITEMS FROM CITY MANAGER:
The City Manager informed of the green business forum on February 26, 2008 with the
deadline for reservations being February 15. The City Manager further announced the
retirement of Chief of Police Rick Hicks.
ADJOURNMENT: Mayor Seymore adjourned the meeting at 10:20 p.m. to Monday,
February 25, 2008, beginning at 5:30 p.m. in the Executive Board Room.
~~ ~
MAYOR OF THE CIT OF CYPRESS
ATTEST:
~~~ ~~~~
CITY CLERK OF THE C{TY OF CYPRESS
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