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Minutes 2008-04-28 4 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 28, 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 Prakash Narain Members absent: Council/Agency Board Member Phil Luebben Staff present: City Manager John Bahorski City Attorney William Wynder Director of Community Development Ted Commerdinger Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that the workshop would allow the City Council to discuss the perimeters for establishment of the process for the annual Commission interviews. The City Clerk stated the filing deadline for the Commission recruitment process is Wednesday, April 30, 2008, 5:00 p.m. To date, 13 applications have been received for the six available positions. It is suggested that City Council hold oral interviews on either Monday, May 19, 200, or Tuesday, May 20, 2008, at 5:30 p.m. The City Clerk received clarification from City Council that late applications would not be accepted. Furthermore, the City ,Council Members agreed to conduct telephone interviews, as has been done in the past, but within a specific timeframe on the interview day. The City Clerk distributed a list of interview questions for City Council's review, allowing the opportunity to revise the questions as they see fit. Interviews will be scheduled in 10- 15 minute increments, with City Council allowing applicants an opportunity to express their interest in any of the three Commission vacancies. Council Member Narain stated that the last interview question should be asking the candidate which Commission vacancy he/she is interested. The City Clerk commented that there was a suggestion to create an eligibility list should vacancies occur mid-term. The City Council concurred with the creation of eligibility lists for each of the Commissions. The City Clerk stated that she would confirm the interview date with the Council and that she will be in attendance at the interviews should an unforeseeable emergency arise with any of the candidates. Mayor Seymore stressed the importance of reiterating Commission attendance, as stated in the Policy Manual. CITY COUNCIL MINUTES APRIL 28, 2008 Mayor Pro Tem Mills asked if newly appointed Commissioners are given a copy of the Policy Manual. The City Clerk responded that the Policy Manual is not given to newly appointed Commissioners. However, it is available on the City's website and applicants may also contact the City Clerk's Office for a copy of the Manual. At 5:55 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 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 Senior Planner Doug Hawkins Redevelopment Project Manager Steve Clarke Senior Civic Engineer Alvin Papa City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Mills. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Seymore presented a proclamation to representatives from Relay for Life proclaiming May 1, 2008 as "Paint Your Town Purple Day" in the City of Cypress. 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 established guidelines and questions for this year's Commission interview process and that the City Clerk will coordinate the process. 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. Sandra Montez, Orange County Vector Control representative, spoke regarding flea- borne typhus. Violet Chapman, Cypress, spoke regarding Lincoln Center Mobile Home Park. 2 116 CITY COUNCIL MINUTES APRIL 28, 2008 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Mayor/Agency Chair Seymore stated that Agenda Items No. 1 and 2 would be conducted at the same time. Item No. 1: A JOINT PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2007-13, DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07 AND SPECIFIC PLAN AMENDMENT NO. 2007-01. A REQUEST TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE WITHIN THE PBP PLANNED BUSINESS PARK ZONE. THE PROPOSAL INCLUDES REQUESTS TO_APPROVE THE PROJECT DESIGN SIGN PROGRAM, AND THE ONSITE SALE OF ALCOHOL AND TO AMEND THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN REQUIREMENTS RELATED TO LANDSCAPING AND BUILDING SETBACKS INCLUDING THE DISTANCE OF LOADING AR_ EAS FROM PROPERTY LINES THE MAXIMUM ALLOWABLE AREA FOR WALL SIGNS, AND LANDSCAPE DESIGN GUIDELINES. The Community Development Director stated that the joint public hearing represents the end of a process, whereby, a developer was found for this Agency-owned parcel. This is also the end of a protracted time of negotiation in site development standards. Under the provisions of the Agency documents, a timetable for the applicant/developer/buyer will be established to begin the process of the purchase lease and development of the site under strict timelines. As written, designed and negotiated, this will result in a development of the site in a manner consistent with what the Agency's vision was for the property. He complimented the Senior Planner and Redevelopment Project Manager on their professionalism and hard work throughout the project's process. The Senior Planner provided background information on this item. The Redevelopment Project Manager stated that, in addition to the land use entitlements for this project, City Council shall also consider a Disposition and Development Agreement informing of the provisions of such agreement. The Redevelopment Project Manager informed that the Agency purchased the property in November 2006 for $19,993,500 and will be selling it to a developer for $20,410,750. He further informed of the scope of development for the project including tenant provisions. The Disposition and Development Agreement also specifies a schedule of completion for project milestones such as close of escrow targeting December 1, 2008, with construction to begin within 20 days from the close of escrow, with completion of construction 13 months thereafter. The Redevelopment Project Manager discussed the procedures for selling of Agency land and confirmation of the land transfer price. A compliance report that the land is being sold for fair market value was done. The project represents realization of the Agency's goal to pursue quality retail commercial development on a key commercial parcel on Katella Avenue within the Los Alamitos Race Track Project Area of the merged project area. Council Member Luebben asked about the project dates provided by staff as compared to the actual completion dates and about street name changes for the project. Robert Exel, Hopkins Real Estate Group, thanked staff for their input and cooperation on the project. Mr. Exel informed of the features of Cypress Crossings. Rick Grandy, Nadel Architects, provided an overview of the project including street, service and pedestrian access areas. A 3-dimensional animation of the project was shown. Robert Curley, landscape architect, provided a presentation on the landscape architecture which includes a courtyard area, connecting paving areas, fountain features, decorative lighting, an outdoor fireplace and arbor. 3 117 CITY COUNCIL MINUTES APRIL 28, 2008 Council Member Luebben asked about the build out and concerns for public safety in the Shop I area in relation to vehicles being driven in the vicinity. Mr. Curley assured that there is a curb in that area and there is either a steel bar or a tree to prevent vehicles from going onto pedestrian areas. Mayor Pro Tem Mills asked about the vegetation at the center and the layout of the parking spaces. Mr. Grandy spoke of the width of the parking spaces and the number of isles. Mayor Pro Tem Mills asked about the parking between Pad A and Pad B and concerns with two-way traffic in that area. Mr. Grandy stated that cars will not back out into the main isle, as it is a full circulation area. Council Member Bailey asked about the flow of traffic in the center. Council Member Narain asked about the safety of the outdoor fireplace and the water features. Mr. Curley stated that the perimeter of the fireplace is approximately 18" tall and 2' deep of concrete and the firebox area is 7' across. The fire will be in a confined area protected by recycled, tumbled glass for added safety. The water features will have flowing water. Jeff Hopkins, Hopkins Real Estate Group, informed of his availability in answering questions specific to property leasing or tenants. Mayor Seymore asked about the project timeline. Mr. Hopkins stated that retailers' blockout periods are from September to February, thus, it is anticipated that this project will be open and operating by the summer of 2009. Council Member Bailey asked about tenants for the center. Mr. Hopkins stated that they are in lease negotiations with Best Buy, Sports Authority, and PetsMart. Council Member Luebben asked for clarification on Stanford's Restaurant. Mr. Hopkins stated that Stanford's Restaurant is geared more towards business lunches than casual lunches. This would be the first Stanford's Restaurant in Southern California. The public hearing was opened. 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. The public hearing was closed. It was moved by Council Member Narain and seconded by Council Member Luebben that the City Council: 1) Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolutions by title only, approving Conditional Use Permit No. 2007-13, Design Review Committee Permit No. 2007-07, and the Mitigated Negative Declaration, subject to the conditions in Exhibit "D"; and 3) Introduce the Ordinance for first reading by title only, adopting Specific Plan Amendment No. 2007-01. 4 118 CITY COUNCIL MINUTES APRIL 28, 2008 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. 6078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2007-13 -WITH CONDITIONS. RESOLUTION NO. 6079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07 -WITH CONDITIONS. RESOLUTION NO. 6080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MITIGATED NEGATIVE DECLARATION FOR THE 13 ACRE RETAIVCOMMERCIAL PROJECT. ~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTIONS V.E.1.A., V.E.1.B, V.E.4.B.1, VII.C.2.A., AND EXHIBITS 10 AND 14 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN, AMENDING BUILDING AND LOADING AREA SETBACKS, SIGNAGE AND LANDSCAPE CRITERIA, RESPECTIVELY. Item No. 2: A JOINT PUBLIC HEARING TO APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HOPKINS REAL ESTATE GROUP. The Redevelopment Project Manager provided background information on this item. The public hearing was opened. Mayor/Agency Chair Seymore asked if there was anyone who wished to speak in favor of the item. Mayor/Agency Chair Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council/Agency Member Luebben and seconded by Mayor/Agency Chair Seymore, that the Agency Board and City Council: 1) Hold a joint public hearing on the Disposition and Development Agreement between the Agency and Hopkins Real Estate Group in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the Agency Resolution by title only, approving the Disposition and Development Agreement; and 3) Adopt the City Council Resolution by title only, approving the Disposition and Development Agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIVAGENCY MEMBERS: Bailey, Luebben, Narain, Mills and Seymore NOES: 0 COUNCIVAGENCY MEMBERS: None ABSENT: 0 COUNCIVAGENCY MEMBERS: None 5 119 CITY COUNCIL MINUTES APRIL 28, 2008 RESOLUTION NO. CRA-130 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HOPKINS REAL ESTATE GROUP. RESOLUTION NO. 6081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HOPKINS REAL ESTATE GROUP. 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. The City Manager stated that staff is requesting that Agenda Item No. 11 be continued to the next Council meeting on May 12, 2008. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Mills, to approve Consent Calendar Items No. 3 through 10 and 12 through 14. 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: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. ltem No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 14, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of April 14, 2008, as submitted. Item No. 5: PROCLAIMING MAY 1, 2008 AS "PAINT YOUR TOWN PURPLE DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 1, 2008 as "Paint Your Town Purple Day" in the City of Cypress. Item No.6: PROCLAIMING THE WEEK OF MAY 4-10, 2008 AS "MUNICIPAL CLERKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 4-10, 2008 as "Municipal Clerks Week" in the City of Cypress. Item No.7: PROCLAIMING THE WEEK OF MAY 18-24, 2008 AS "NATIONAL PUBLIC WORKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 18-24, 2008 as "National Public Works Week" in the City of Cypress. 6 120 CITY COUNCIL MINUTES APRIL 28, 2008 Item No.8: PROCLAIMING THE WEEK OF MAY 11-17, 2008 AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 11-17, 2008 as "National Police Week" in the City of Cypress. Item No.9: PROCLAIMING THE MONTH OF MAY 2008 AS "MOTORCYCLE AWARENESS MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of May 2008 as "Motorcycle Awareness Month" in the City of Cypress. Item No.10: ACCEPTANCE OF ADA CURB RAMP INSTALLATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2007-15. Recommendation: That the City Council: 1) Accept the ADA Curb Ramp Installation at Various Locations, Public Works Project No. 2007-15, as being satisfactorily completed in conformance with the project specifications, in the final amount of $68,850; and 2) Approve the final retention payment of $6,885 to FS Construction, Sylmar, California, thirty-five days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. Item No.12: ACCEPTANCE OF THE DONATION AND CUSTOM INSTALLATION OF FEDERAL L.E.D. EMERGENCY LIGHTS FROM NORTH STAR ELECTRONICS FOR THE NEW D.A.R.E. VEHICLE. Recommendation: That the City Council formally accept the donation and custom installation of fourteen (14) Federal L.E.D. emergency lights for the new D.A.R.E. vehicle. Item No.13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH 2008. Recommendation: That the City Council receive and file the Investment Report for the month of March, 2008. Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85463 THROUGH 85465 AND WARRANTS NO. 85763 THROUGH 85957. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Regarding Item No.11: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSTRUCTION MANAGEMENT/INSPECTION/ENGINEERING SERVICES, this item continued to the May 12, 2008 City Council meeting. 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. 121 CITY COUNCIL MINUTES APRIL 28, 2008 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 Bailey: Spoke at Cawthon Elementary School's career day. Attended the Gypress High School Grad Night fundraiser. Attended the Festival of the Arts celebration. Council Member Bailey asked for a status report on the bingo ordinance that was updated one year ago. Captain Yokoyama stated that the restrictions to the bingo ordinance proved successful with accountability and ownership of such gaming. Mayor Pro Tem Mills: Announced the May 26t" Memorial Day services at Cypress Forest Lawn. Announced that on October 26, 2008, the 7t" Annual Wings, Wheels & Rotors Expo will be held at the Joint Forces Training Base. Completed the fifth and final SCAG leadership academy session. Attended the Volunteer Recognition Ceremony at the Senior Center. Attended a Joint Steering Committee meeting with the Cypress School District. Attended and was guest speaker at Patton Elementary School on Earth Day. Stated that he invited the golf pro at the Navy Golf Course to speak to the City Council. Attended several Drug Abuse Resistance Education (DARE) graduations. Attended the Cypress High School Grad Night fundraiser. Attended the welcome back festivities at the Joint Forces Training Base for troops returning from Iraq. Council Member Luebben: Attended several youth swim meets. Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting. Appointed to the Southern California Associations of Government Regional Environmental and Utility Committee. Spoke regarding his father's health and thanked those who expressed concern. Council Member Narain: Attended the Volunteer Recognition Ceremony at the Senior Center. Attended the Festival of the Arts celebration. Mayor Seymore: Attended the Volunteer Recognition Ceremony at the Senior Center. Attended a Joint Steering Committee meeting with the Cypress School District. Attended several Drug Abuse Resistance Education (DARE) graduations. Presented a Certificate of Recognition to Jose Flores at Yamaha Motor Corporation. Attended an Orange County Fire Authority Board meeting. Participated in the Donate Life Run/VValk event at Cal State Fullerton. Attended the John F. Kennedy High School scholarship dinner. Attended the welcome back festivities at the Joint Forces Training Base for troops returning from Iraq. Attended the Festival of the Arts celebration. Spoke regarding upcoming Festival of the Arts events. Mayor Seymore asked for information regarding the upcoming Police Department fundraiser on Wednesday, April 30, 2008. Captain Yokoyama informed that the "Tip-A-Cop" fundraising event will be held this Wednesday, April 30t", at Chili's Restaurant with proceeds benefiting Special Olympics. 8 CITY COUNCIL MINUTES APRIL 28, 2008 ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY MANAGER: The City Manager congratulated the Community Development Director and his staff on their presentation this evening. Spoke regarding today's Swearing-In Ceremony of two Police Officers. Announced the retirement of his secretary, Anne Stadlman. ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:28 p.m. to a Special Meeting on Friday, May 9, 2008, beginning at 5:00 p.m. in the Council Chamber Board Room. MAYOR OF THE CITY F CYPRESS ATTEST: i~c~~ CITY CLERK OF THE CITY OF CYPRESS 9