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.
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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.
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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
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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.
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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
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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
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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.
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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
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