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Minutes 2008-04-14 10~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 14, 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 (arrived at 5:31 p.m.) 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 Finance Manager Matt Burton Public Works Superintendent Bobby Blackburn Redevelopment Project Manager Steve Clarke Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Community Development Director spoke of and provided handouts consisting of a matrix of issues of the Los Alamitos Race Track (CART) Project Area Overview. The Recreation and Community Services Director stated that the 15 acre rendering, which includes an open, multipurpose athletic field, would have a significant impact to the community and greatly benefit the sports user groups. . Council Member Luebben asked about the impact of the winter sports leagues. The Recreation and Community Services Director responded that staff is adapting to accommodating the existing leagues and their facility uses. Council Member Luebben commented on the significance of a 15 acre facility and the benefits to the community. Council Member Bailey commented on the facility in relation to commercial/industrial businesses and an agreement for overflow parking. The Recreation and Community Services Director stated that there is a heavy demand for lighted basketball courts. Council Member Narain commented that the City should be looking into more open spaces, and asked about the cost of a 13 acre site as compared to a 20 acre site. ~o~ CITY COUNCIL MINUTES APRIL 14, 2008 The Recreation and Community Services Director responded that she does not have specific maintenance and building costs for such a facility, however, it would be significant. The Public Works Director stated that he will provide City Council with costs associated with maintaining and building a sports park. Council Member Narain asked about the acreage of the Los Alamitos Race Track site. The Community Development Director informed that the entire Los Alamitos Race Track area is 298 acres. Council Member Luebben stated that there is a need for a gymnasium in the City. Mayor Seymore asked about the benefits of a multiuse gymnasium. Council Member Narain asked about the function and residency requirements of a gymnasium and what neighboring cities have such a facility. The Recreation and Community Services Director commented that the cities of Garden Grove, Anaheim, and Buena Park have gymnasiums, with residency and usage requirements varying by each City. Council Member Bailey commented on the difficulties associated with the demand for sports field use. Mayor Pro Tem Mills asked about the Cypress Community Center usage. The Recreation and Community Services Director stated that Community Center usage is close to reaching its maximum. The Community Development Director discussed possible commercial and residential uses of the Los Alamitos Race Track area, along with parking, hardscape, landscape and drainage/water retention issues. The City Manager reiterated Council's discussion, informing that staff will provide a final matrix depicting City Council's comments. Those issues that City Council did not wish to pursue include: Joint Use Detention Facility; Ten Acre Park Facility; Purchasing the Land Only for a Custom Home; and Large Unit/Small Lot Developments. At 6:31 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 7:00 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 2 107 CITY COUNCIL MINUTES APRIL 14, 2008 Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Public Works Superintendent Bobby Blackburn Associate Planner Kori Nevarez City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. 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 reviewed various items related to the Los Alamitos Race Track area and provided staff with input. 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. Linda Metzidis, Cypress Masterworks Chorale, invited the City Council to a fundraising dinner on April 27, 2008 at 5:00 p.m. at the Los Alamitos Race Track. Julianna Thompson, Cypress, spoke regarding Lincoln Center Mobile Home Park. Alexander Thompson, Cypress, spoke regarding Lincoln Center Mobile Home Park. Ron Schrantz, Cypress, thanked the City Council for the infrastructure improvements on Moody Street. 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. 2008- 01, AREQUEST TO RE-OPEN A BILLIARD HALL USE WITH BEER AND WINE SALES LOCATED AT 6285-6289 BALL ROAD IN THE CG-10.000 COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. Council Member Luebben asked about enforcement issues such as loitering and noise, asking the Chief of Police to comment on those matters. The Chief of Police stated that there have been service call issues with the previous owner. However, an on-site security guard helped to mitigate those concerns, along with the current conditions proposed by staff. Council Member Bailey asked for clarification on Condition Nos. 13 and 24. The Associate Planner stated that Condition No. 13 is a standard condition as required by the State Department of Alcoholic Beverage Control; Condition No. 24 is a condition to prevent truancy. 3 108 CITY COUNCIL MINUTES APRIL 14, 2008 Mayor Pro Tem Mills asked for clarification on Condition No. 15. The Associate Planner stated that the intent of Condition No. 15 is to control over-serving of beer. Mayor Pro Tem Mills inquired about business hours of 12:00 a.m. to 2:00 a.m. and if there is a rise in crime during the hours of 12:00 a.m. and 2:00 a.m. The Chief of Police commented that he is not aware that there is a specific increase in police calls and crime during the hours of 12:00 a.m. and 2:00 a.m., as compared to other hours of the day. Council Member Narain asked about security at this place of business, as compared to other pool halls. The Chief of Police stated that pool halls have a tendency to create problems related to noise and use of alcohol. However, the specific conditions being proposed should provide assistance in alleviating such concerns. Mayor Seymore asked about the residential locations, and addressing concerns related to the City's Fats, Oils and Grease (FOG) requirements. The Associate Planner stated that there is a condominium development directly behind the business, with the garage structures abutting the property line. She further informed that the standard conditions for the City's Fats, Oils and Grease (FOG) requirements are required, as stated in Condition No. 42. The public hearing was opened. Terry Nguyen, representing the applicant, stated that they would like the opportunity to open the business and work with the City. He stated that they are in agreement with all of the conditions. Council Member Luebben asked about previous experience in running this type of business and employees at the business. Mr. Nguyen stated he has owned another business, however, it was not similar to that of a billiard hall. He stated that the business will be employed mostly by family members. Mayor Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Seymore asked if there was anyone who wished to speak against the item. Daniel Hickey, Cypress, expressed his concern that this establishment would cause the same problems as the previous owner in the residential area and submitted a petition from his neighbors. Mr. Nguyen stated that there would not be any live entertainment at the business and assured that noise levels will be kept low. The public hearing was closed. Council Member Luebben stated that he researched a lot of concerns raised with the previous business owners and is agreeable to giving the new owners an opportunity. Council Member Bailey expressed concerns about the clientele who frequent such businesses, stating that he will vote in opposition of this item. Council Member Luebben asked about changing the age requirement admission to 21. 4 109 CITY COUNCIL MINUTES APRIL 14, 2008 The Associate Planner stated that Condition No. 24 references loitering restrictions during school hours and truancy; Condition No. 13 addresses the 21 years of age requirement. The Community Development Director stated that, given that this is a Conditional Use Permit, the City Council has the authority to write, re-write, and/or modify conditions as they see fit. Mayor Seymore asked about other Alcohol Beverage Control licenses in the area. The Community Development Director stated that the closest location would be to the east of the business. It was moved by Council Member Luebben and seconded by Council Member Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2008-01, subject to the conditions in Exhibit "A" of the Resolution, as amended. The motion was carried by the following roll call vote: AYES: 3 COUNCIL MEMBERS: Luebben, Narain and Seymore NOES: 2 COUNCIL MEMBERS: Bailey and Mills ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO.2008-01 -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. Mayor Pro Tem Mills requested Agenda Item No. 3 be pulled from the Consent Calendar. It was moved by Mayor Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 and 4 through 8. 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. 2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: APPROVAL OF AMENDMENT NO. 1 TO AN AMENDED AND RESTATED CONTRACT SERVICES AGREEMENT FOR CITY AND REDEVELOPMENT AGENCY ATTORNEY SERVICES. Recommendation: That City Council approve Amendment No. 1 to the Amended and Restated Contract Services Agreement for City Attorney Services between the City and Aleshire & Wynder, LLP. 5 110 CITY COUNCIL MINUTES APRIL 14, 2008 Item No. 5: APPROVAL OF AN AGREEMENT WITH THE CITY OF BUENA PARK FOR SHARING THE COST OF ASPHALT OVERLAY IMPROVEMENTS ON VALLEY VIEW STREET FROM CERRITOS AVENUE TO BALL ROAD. Recommendation: That the City Council: 1) Approve an agreement with the City of Buena Park for sharing the cost of asphalt overlay improvements on Valley View Street from Cerritos Avenue to Ball Road; and 2) Authorize the Mayor to execute the agreement between the City of Buena Park and the City of Cypress for sharing the cost of asphalt overlay improvements on Valley View Street from Cerritos Avenue to Ball Road. Item No. 6: APPROVAL OF PLANS AND SPECIFICATIONS AND AWARD OF CONTRACT FOR THE 2007/08 RESIDENTIAL STREETS SLURRY SEAL -PHASE 2. PUBLIC WORKS PROJECT NO. 2008-02. Recommendation: That the City Council: 1) Approve the plans and specifications for the 2007/08 Residential Streets Slurry Seal -Phase 2, Public Works Project No. 2008-02; and 2) Award a contract for the 2007/08 Residential Streets Slurry Seal -Phase 2, Public Works Project No. 2008-02, in the amount of $449,230, to the lowest responsible bidder American Asphalt South Inc., Fontana, California; and 3) Authorize a contingency of $67,385 (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 CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 South La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $163,142 per year. Agreement covers period of July 1, 2008 through June 30, 2009. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85461 THROUGH 85762. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Regarding Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 24. 2008, Mayor Pro Tem Mills stated that he was absent from the City Council meeting of March 24, 2008 and, therefore, must abstain from approving such. It was moved by Mayor Seymore and seconded by Council Member Luebben, that the City Council approve the Minutes of the Meeting of March 24, 2008, as submitted, with Mayor Pro Tem Mills abstaining due to his absence. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Mills END OF CONSENT CALENDAR ORDINANCES: No items. 6 111 CITY COUNCIL MINUTES APRIL 14, 2008 NEW BUSINESS: Item No. 9: CONSIDERATION OF COUNCIL CHAMBER TREE OPTIONS. The Public Works Director provided background information on this item. Mayor Pro Tem Mills asked about the diseases in the area and treatment of the soil. The arborist, Carl Moritz, stated that water in this area spreads tree fungus on the cankers of trees. Council Member Bailey asked which tree would be best suited to be planted in the location. Mr. Moritz responded that the California Christmas Tree would be the best suited tree, if cost is not an issue. Council Member Luebben asked about the price for the cedar tree as compared to the Canary Island Pine. Mr. Moritz commented that the trees are individually priced. Mayor Seymore asked about purchasing a 72" or 80" boxed tree and the initial tree size for such boxed trees. Mr. Moritz replied that there are many nurseries that could provide an appropriate tree, commenting that the most suitable choice could be one that's larger and more fulfilling to the needs of the community. Mayor Pro Tem Mills asked if $14,000 would be a sufficient amount of funds to purchase the 80" boxed tree. Mr. Moritz commented that staff would work within the dollar limits approved by Council to find the best tree. Council Member Narain asked about survival success rates between the 72" and 80" boxed trees. Mr. Moritz replied that there would not be a difference in the survival success rate, unless the tree is cut out of the earth prior to the transplant. It was moved by Mayor Pro Tem Mills and seconded by Council Member Bailey, that the City Council approve the replacement of the existing diseased tree with an 80" boxed Cedar Christmas Tree. The Public Works Director stated that staff will make every effort to maximize the box size and stay within the proposed purchase amount of $14,450. Council Member Luebben asked how the $14,450 amount was determined. The Public Works Director responded that $14,450 was the estimated purchase amount for an 80" boxed tree. A substitute motion was made by Council Member Luebben and seconded by Mayor Seymore, that the City Council: 1) Select Option 1 on Attachment A to replace the existing Council Chamber Tree; and 2) Appropriate an amount not to exceed $14,450 from the unreserved fund balance of the City's Central Services Fund to Account No. 4187-76-629- 08. 7 1l2 CITY COUNCIL MINUTES APRIL 14, 2008 The substitute 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. 10: CONSIDERATION OF REMOVAL OF COMMISSIONER FROM THE CITY'S TRAFFIC COMMISSION. The City Clerk provided background information on this item. Council Member Luebben commented that Mr. Thomas was appointed one year ago from a large selection of applicants. He stated that due consideration was given to his selection and apologized for his imminent removal from the Commission. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Mills, that the City Council remove Christian Thomas from the Traffic Commission immediately and fill his remaining three year term during. the annual Commissioner appointment process. 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 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. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Council Member Narain: Attended the Arbor Day Celebration at Pinewood Park. Attended a fundraiser for Hotline of Southern California. Met with an Air Quality Management District representative and test drove a hydrogen vehicle. Council Member Luebben: Attended an O.C. Sanitation District Steering Committee and Board of Directors meetings. Attended an O.C. Sanitation District Auditing Subcommittee meeting. Attended an O.C. Sanitation District Administration Committee meeting. Attended a swim meet hosted by the Fullerton Area Swim Team. Thanked Mr. Schrantz for his comments on the Moody Street improvements. Council Member Bailey: Attended a fundraiser for Hotline of Southern California. Attended the Arbor Day Celebration at Pinewood Park. Met with Go Local representatives. 8 I CITY COUNCIL MINUTES APRIL 14, 2008 Mayor Pro Tem Mills: Attended a Southern California Association of Governments Transportation and Communications Committee meeting. Attended a fundraiser for Hotline of Southern California. Attended the Arbor Day Celebration at Pinewood Park. Attended the Chamber of Commerce networking breakfast. Met with the field director on Coalition Against Bigger Trucks. Attended a Cypress School District Board of Trustees meeting. Attended an O.C. Council of Governments District 18 Elections. Attended the O.C. Division League of California Cities meeting. Attended the Precious Life Shelter fundraiser. Mayor Seymore: Attended the monthly BRACE meeting. Attended an O.C. Fire Authority meeting. Served lunch to Marines at Camp Pendleton. Attended a fundraiser for Hotline of Southern California. Emceed the Arbor Day Celebration at Pinewood Park. Met with the Cypress Civic Theater Guild. Met with Go Local representatives. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming Chamber activities and events. Rose Kheba, Cypress, spoke regarding Lincoln Center Mobile Home Park. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:41 p.m. to Monday, April 28, 2008, beginning at 5:30 p.m. in the Executive Board Room. UV MAYOR OF THE CITY O CYPRESS ATTEST: _~~~~~QC ~~'~GYI CI,+ Y CLERK OF THE CITY OF CYPRESS 9