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Minutes 2008-02-25 - - - - I MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 25, 2008 A regular meeting of the Cypress City Council was called to order at 5:01 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 Police Captain Mike Idom Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Redevelopment Project Manager Steve Clarke Finance Manager Matt Burton City Clerk Denise Basham ORAL COMMUNICATIONS: Wiley Drake, Buena Park, spoke regarding activists arrests at Cypress College. David Hobart, Cypress, commended the City Council for placing the "In God We Trust" lettering in the Council Chamber. WORKSHOP SESSION: DISCUSSION OF THE LOCATION, SIZE, AND OTHER AESTHETICS FOR THE "IN GOD WE TRUST" LETTERING (COUNCIL MEMBER NARAIN): The City Manager stated that the original Agenda Report suggested 4" lettering, similar to that of the City of Westminster's, informing of lettering variations of local cities. Mayor Seymore shared the newspaper article from the February 24, 2008, Orange County Register depicting the lettering for the Westminster Council Chambers, suggesting 4" lettering below the City of Cypress Seal. Council Member Mills asked if staff tested the visibility of 4" lettering. The City Clerk informed that she and the Administrative Services Manager did test the visibility of 4" lettering and determined that that size would suffice. It was the consensus of the City Council that staff proceed with the installation of 4" wall lettering in a straight line below the City of Cypress Seal. so CITY COUNCIL MINUTES FEBRUARY 25, 2008 LINCOLN AVENUE AND CIVIC CENTER PROJECT OVERVIEW: The City Manager stated that this workshop would provide direction to staff on the priorities for the Lincoln Avenue Project Area as well as the Civic Center Project Area. The Community Development Director distributed to City Council Members a matrix depicting priorities for the Lincoln Avenue and Civic Center Project Areas, with areas for Council Members to provide feedback for such. Council Member Bailey asked for clarification on the issue related to gated residential sites on Lincoln Avenue. The Community Development Director responded that there are gates in the community on Walker Street as well as the east end of Lincoln Avenue. Previous City Councils established a policy prohibiting secured access and touchpad screens. Council Member Luebben commented that gated residential sites should be considered on a case by case basis depending upon the developer's project. Council Member Narain inquired as to gated residential sites accessibility for Code Enforcement. The Community Development Director replied that Code Enforcement uses touchpad access. It was the consensus of the City Council to consider gated residential sites on a case by case basis. The Community Development Director spoke of the Cypress College Interface/Land Swap that would include Lincoln Avenue access and deepening the lots in the frontage onto Valley View Street. Council Member Mills suggested that the Cypress College Interface/Land Swap be considered a high priority issue. The Community Development Director reported on the Billboard Removal/Lincoln Sign Program that was established in 2004-2005 following meetings with business owners. Given consideration to commercial and economic development, along with State law amortization, City Council Members should consider the nature of signage on Lincoln Avenue and the priority of such. Council Member Luebben asked for clarification on amortization as it relates to billboards and signage. The Community Development Director informed of the importance of the sign law in the State of California and the provisions related to such. Agency Counsel Slater commented that amortization can be compared to non-conforming use, whereby, sign removal would be required within a certain timeframe. It was the consensus of the City Council to pursue the Billboard Removal/Lincoln Sign Program Issue. The Community Development Director spoke of Infrastructure Upgrades/Land Assembly as it relates to deficiencies and development opportunities on Lincoln Avenue. Council Member Luebben inquired as to the need for redevelopment on Lincoln Avenue and the unlikelihood of business development denial. Council Member Mills commented that they should all be yes on a case by case basis. The Community Development Director reported on Housing Options/Density on Lincoln Avenue, informing that the purpose was to provide mixed uses and an actual physical presence of people in the area. 2 8 CITY COUNCIL MINUTES FEBRUARY 25, 2008 Council Member Bailey spoke of concerns in regard to mixed uses development. It was the consensus of the City Council to further review the Housing Options/Density on Lincoln Avenue. The Community Development Director commented on the ongoing discussions related to Motel Conversion/Redevelopment on Lincoln Avenue. The Redevelopment Project Manager further reported on the Motel Conversions/Redevelopment on Lincoln Avenue, informing of negotiations with the Cypress Lodge business. Council Member Luebben commented on the Sorrento Homes that were built on the former Tank Farm site, suggesting that the Civic Center project area includes high end, single family, preferably gated, detached homes. Mayor Seymore recommended that high end homes be developed in the Los Alamitos Race Track (CART) area. Council Member Narain asked for clarification on what would be considered a high end home. Council Member Luebben responded that a high end might be considered within the $800,000 - $1 million price range including high end amenities. The Community Development Director spoke of the Cypress School District property site and the consideration of a Redevelopment Agency contribution for demolition of the site and waiver of park fees for senior units. It was the consensus of the City Council to not pursue the Cypress School District issues. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN 244-481-01, Located at 5762 Lincoln Avenue Party Negotiating With: Arnold Survivor's Trust, Nomoinc Associates, and George F. Wilson III Separate Property Trust Negotiating Party: Deputy Executive Director and Redevelopment Project Manager Under Negotiation: Terms and Conditions. At 5:47 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 City Clerk Denise Basham 3 82 CITY COUNCIL MINUTES FEBRUARY 25, 2008 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: James Armendaris, Orange County Human Relations Commission, presented their Annual Report. 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 two workshops were held. The first workshop discussion was in regard to the "In God We Trust" lettering, with staff directed to proceed with the 4" wall lettering below the City of Cypress seal. The other workshop was the Lincoln Avenue and Civic Center Project Overview. This is the second of many Redevelopment Agency workshops. The Ma or asked f r t y o he 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 Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN 244-481-01, Located at 5762 Lincoln Avenue Party Negotiating With: Arnold Survivor's Trust, Nomoinc Associates, and George F. Wilson III Separate Property Trust Negotiating Party: Deputy Executive Director and Redevelopment Project Manager Under Negotiation: Terms and Conditions. The City Attorney stated that a privileged and confidential briefing was provided and that no reportable action was taken nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Seymore asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Christine Park spoke regarding the Cypress Relay for Life event on May 31 and June 1, 2008 at Lexington Junior High School. Wiley Drake, Buena Park, spoke regarding arrests at Cypress College and commended the City Council for placing the "In God We Trust" lettering in the Council Chamber. Patricia Erwin, Cypress, spoke regarding Lincoln Center Mobile Home Park. Sandra Alvarez, Cypress, spoke regarding Lincoln Center Mobile Home Park. David Hobart, Cypress, commended the City Council for placing the "In God We Trust" lettering in the Council Chamber and spoke regarding Agenda Item No. 4. Sean and Gonzalo Reyes, Cypress, spoke regarding Lincoln Center Mobile Home Park. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 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 enacfed by one motion approving the recommendations listed on the Agenda. 4 _ 83 CITY COUNCIL MINUTES FEBRUARY 25, 2008 Mayor Seymore requested Agenda Items No. 3 and 4 be pulled from the Consent Calendar. Mayor Seymore stated that Agenda Item No. 5 was pulled by staff and will be agendized at the next regular Council meeting. It was moved by Council Member Luebben and seconded by Council Member Narain, to approve Consent Calendar Items No. 1, 2, and 6 through 9. 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. 1: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 11, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of February 11, 2008, as submitted. Item No. 6: AWARD OF CONTRACT FOR THE MARION AVENUE SEWER RELINING. PUBLIC WORKS PROJECT NO. 2006-07. Recommendation: That the City Council: 1) Award a contract for the Marion Avenue Sewer Relining, Public Works Project No. 2006-17, in the amount of $133,648.50 to the lowest responsible bidder Sancon Technologies, Inc., Huntington Beach, California; and 2) Authorize a contingency of $20,050 (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. 7: AWARD OF CONTRACT FOR THE INSTALLATION OF A WROUGHT IRON FENCE AND GATE AND MASONRY PILASTERS ALONG THE NORTH SIDE OF DARRELL ESSEX PARK, PUBLIC WORKS PROJECT NO. 2007-22. Recommendation: That the City Council: 1) Award a contract for Installation of a Wrought Iron Fence and Gate and Masonry Pilasters along the north side of Darrell Essex Park, Public Works Project No. 2007-22, in the amount of $47,956, to the lowest responsible bidder Built Rite Fence Company, Bellflower, California; and 2) Authorize a contingency of $3,360 (7% 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. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY 2008. Recommendation: That the City Council receive and file the Investment Report for the month of January, 2008. Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 84857 THROUGH 85056 Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Regarding Item No. 3: CONSIDERATION OF OPPOSITION TO PROPOSED CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (CDCR) INMATE AND PAROLEE POPULATION REDUCTION PROGRAMS, Mayor Seymore stated that the proposed programs only drop the Department of Corrections budget by 3.2% or .3% of the general fund budget. There would be a release of approximately 22,159 felons before their sentences/probations have ended. This would be an 5 8 CITY COUNCIL MINUTES FEBRUARY 25, 2008 ineffective, dangerous situation, with a 70% recidivism rate. He requested that staff post this letter on the City of Cypress website. It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City Council formally oppose the California Department of Corrections and Rehabilitation proposed inmate and parolee population reduction programs and authorize the Mayor to send a letter of opposition to the State's Governor, and that the letter be posted on the City's website. 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 Regarding Item No. 4: CONSIDERATION OF SUPPORT OF COMPLETION OF CONSTRUCTION OF THE BORDER FENCE AS DIRECTED IN THE SECURE FENCE ACT OF 2006, Mayor Seymore stated the funding was cut from the Border Fence Act of 2006, overwhelmingly approved by the citizens of the United States to fund adouble- walled fence across the border. He requested that staff post this letter on the City of Cypress website, further requesting that letters of support be sent to Congressman Walter Jones (3~d District of North Carolina) and Congressmen Duncan Hunter (52~d District of California). Council Member Luebben requested that the letter be signed by all Council Members. It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City Council formally support the completion of construction of the border fence as directed in the Secure Fence Act of 2006 and authorize the sending of a letter of support signed by all Council Members to Congressman Ed Royce, and that the letter be posted on the City's website. 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 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. It was moved by Agency Board Member Bailey and seconded by Agency Board Member Luebben, that the Redevelopment Agency approve Consent Calendar Item No. 10. 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 s 85 CITY COUNCIL MINUTES FEBRUARY 25, 2008 Consent Calendar: Item No. 10: PURCHASE AND SALE AGREEMENT FOR THE PROPERTY LOCATED AT 5762 LINCOLN AVENUE. Recommendation: That the Redevelopment Agency Board adopt the Resolution by title only, approving the Purchase and Sale Agreement with the Arnold Survivor's Trust, Nomoinc Associates, and George F. Wilson III Separate Property Trust, for the Agency's acquisition of the approximately 2.71 acre parcel located at 5762 Lincoln Avenue. RESOLUTION NO. CRA-129 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY APPROVING AN AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN THE AGENCY, AS BUYER, AND THE ARNOLD SURVIVOR'S TRUST, NOMOINC ASSOCIATES, AND GEORGE F. WILSON III SEPARATE PROPERTY TRUST, AS SELLER, OF AN APPROXIMATELY 2.71 ACRE PARCEL LOCATED IN THE CITY OF CYPRESS AT 5762 LINCOLN AVENUE WITHIN THE LINCOLN AVENUE COMPONENT AREA OF THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Council Member Narain: Attended the O.C. Division League of California Cities meeting. Attended the Orange County Measure M Inter-Jurisdictional planning forum meeting. Council Member Luebben: Attended an O.C. Sanitation District meeting. Spoke regarding Lincoln Center Mobile Home Park and requested that the City Council consider more action in this matter. Council Member Bailey: Attended a meeting with the Mayor, the Recreation & Community Services Director and the City Manager with the Anaheim Union High School District regarding their new field usage policy. Attended the opening day ceremonies for the Cypress Federal Little League. Spoke regarding Lincoln Center Mobile Home Park. Mayor Pro Tem Mills: Attended the Cypress Chamber of Commerce networking breakfast. Attended a Legislative Committee meeting at the Joint Forces Training Base. Attended the Cypress Employee Service Awards luncheon. Participated in SCAG nominations for Transportation and Communications Committee Champion Award. Attended the Cypress Church/Cypress Police Department dinner for Camp Pendleton Marines. Attended the opening day ceremonies for the Cypress Federal Little League. Mayor Seymore: Attended the Cypress Girls Softball League opening day ceremonies. Attended the West- Comm Board meeting. Attended the Cypress Employee Service Awards luncheon. Attended the joint meeting with the Anaheim Union High School District. Attended the opening day ceremonies for the Cypress Federal Little League. Council Member Luebben commended the Recreation & Community Services Department for the teen dance held on February 23 in conjunction with the City of La Palma. 7 CITY COUNCIL MINUTES FEBRUARY 25, 2008 Council Member Luebben spoke of his support of Council Member Bailey's comments regarding the need to foster communication between the residents and owners of the Lincoln Center Mobile Home Park. Mayor Seymore requested that staff provide a status report on the Lincoln Center Mobile Home Park for the City Council. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming Chamber activities. David Hobart, Cypress, commended City staff for their courtesy. Jolene Hively, Cypress, spoke regarding the Lincoln Center Mobile Home Park. Drita Bronkey, Sierra Corporate Management, spoke regarding the Lincoln Center Mobile Home Park. Samii Taylor Yakovetic, Cypress, spoke regarding the Lincoln Center Mobile Home Park. Council Member Bailey congratulated Linda and Brian Sunley on being recognized as the Cypress College Americana Awards 2008 Citizens of the Year. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:06 p.m. to Monday, March 10, 2008, beginning at 5:30 p.m. in the Executive Board Room. vV MAYOR OF THE CITY CYPRESS ATTEST: ~ ~ ~-C~.c2 t'ti~ CITY CLERK OF THE CITY OF CYPRESS 8