Loading...
Minutes 2008-07-14 ~.~6 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 14, 2008 A regular meeting of the Cypress City Council was called to order at 5:31 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 Mark Yokoyama Lieutenant Jeff Kepley Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Redevelopment Project Manager Steve Clarke Finance Manager Matt Burton Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Agency Counsel Slater summarized discussions at previous workshops that included tax increment financing, indebtedness, and time limits to incur indebtedness. Agency Board Member Bailey asked if the life of the Redevelopment Agency would be extended by 10 years if it was to be encumbered by the City. Agency Counsel Slater responded that indebtedness can be incurred but it must be paid off by the time it's 10 years after the effectiveness of the plan expires. Agency Counsel Slater stated that previous workshop discussions included affordable housing, in that the Redevelopment Agency has an obligation to undertake affordable housing, and that 20% of all of the Agency's tax increment must be deposited in the affordable housing fund. Agency Counsel Slater further spoke of the Redevelopment Agency's authority in funding public capital improvements, discussing the funding perimeters that include the benefits of the project and elimination of blighting conditions. Agency Board Member Bailey asked about the Redevelopment Agency's ability to pay a portion of the City Manager's salary. Agency Counsel Slater responded that the Redevelopment Agency already does pay a portion of the City Manager's salary, along with a portion of other staff's salaries. CITY COUNCIL MINUTES JULY 14, 2008 Agency Board Member Luebben asked about staff salary's that are budgeted in the Redevelopment Agency and how those amounts are determined. Agency Counsel Slater stated that a reasonable amount is estimated and budgeted for staff based on time spent on Redevelopment issues. Agency Counsel Slater informed of the three significant prohibitions on Agency authority to implement Redevelopment Projects and briefly discussed the role of the Redevelopment Agency. At 6:00 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 Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Assistant Planner Judy Aquino Senior Civil Engineer Alvin Papa Management Analyst Antonia Castro ~ 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: Mayor Seymore presented Certificates of Appointment and the City Clerk administered the Loyalty Oath of Office to all newly-appointed Commissioners. 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 a workshop discussing redevelopment issues that concludes the series of workshops on redevelopment. 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. Mary Crowder, Cypress, spoke regarding legalizing fireworks in the City. 2 ~J CITY COUNCIL MINUTES JULY 14, 2008 Wendy Grose, Cypress Center for Family Medicine, spoke regarding the grand re- opening of the medical facility on Walker Street. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2008-02 A REQUEST TO ALLOW THE OPERATION OF AN INDOOR AUTOMOTIVE DETAILING AUTOMOTIVE WASH AUTOMOTIVE STORAGE AND ASSOCIATED OFFICE LOCATED AT 5930 LAKESHORE DRIVE IN THE PCM PLANNED COMMERCIAULIGHT INDUSTRIAL ZONE. The Assistant Planner provided background information on this item. Mayor Pro Tem Mills stated that he drove by the property prior to tonight's meeting. Council Member Bailey asked if staff has received reassurance that there will not be parking or other issues associated with the business. Council Member Narain asked about the Development Plan and the statement that the business is a wholesale type business and would not accept outside customers for automotive detailing, wash or storage. He asked if that stipulation is part of the Conditions of Approval. Mayor Seymore asked about the hours of operation and prohibiting operation on Sundays. Council Member Luebben asked about the Sunday restriction and if the business was located in a residential area. The Assistant Planner stated that the applicant had informed staff they would be operating Monday through Saturday. The City Attorney stated that the current reading of Conditions of Approval #18 states that, "The business hours of operation shall be limited from 9:00 a.m. to 7:30 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturdays" with City Council retaining the right to review the business hours of operation. He stated that since the Conditional Use Permit is an expressed permit required in order to operate the business, if it's not permitted it's prohibited and since operation on Sundays is not permitted it's prohibited. The applicant, Nasir Memon, stated that they look forward to opening the business and asked for permission to access the office only for Sunday operations. 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. The City Attorney suggested that the City Council motion include an amendment to Conditions of Approval #18 with the following sentence added in bold after the first sentence, "Sunday operation shall be limited to office uses only." The second sentence of Conditions of Approval #18 should be revised to read, "The City Council shall maintain the right to review the business hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints or other evidence of violations of this condition be received that the business hours are creating an adverse impact upon neighboring properties." Furthermore, Conditions of Approval #20 should be revised to read, "Should substantiated complaints or other evidence be received of violations of this condition, this conditional use permit may be modified and/or revoked, subject to a public hearing." 3 X59 CITY COUNCIL MINUTES JULY 14, 2008 It was moved by Mayor Pro Tem Mills and seconded by Council Member Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2008-02, subject to the conditions in Exhibit "A" of the Resolution, as amended. 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. 6103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2008-02 - WITH CONDITIONS. Item No. 2: A PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2008-09. CITY OF CYPRESS PROJECT NO. 8615-90. The Management Analyst provided background information on this item. 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 Luebben and seconded by Mayor Seymore, that the City Council hold the required public hearing and adopt the Resolution by title only, ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2008-09, pursuant to the Landscaping and Lighting Act of 1972. 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. 6104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCALYEAR 2008-09, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF. 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. It was moved by Council Member Luebben and seconded by Council Member Bailey, to approve Consent Calendar Items No. 3 through 12. 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 4 6~- CITY COUNCIL MINUTES JULY 14, 2008 Item No. 3: 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 CITY COUNCIL MINUTES OF THE MEETING OF JUNE 23. 2008. Recommendation: That the City Council approve the Minutes of the Meeting of June 23, 2008, as submitted. Item No. 5: RENEWAL OF AGREEMENT FOR PROSECUTION SERVICES BETWEEN THE CITY AND THE COUNTY OF ORANGE. Recommendation: That the City Council approve the Agreement for Prosecution Services between the City and the County of Orange for a five-year period, commencing July 1, 2008 and terminating on June 30, 2013, and authorize the Mayor to sign the agreement. Item No. 6: DESIGN REVIEW COMMITTEE .PERMIT NO. 2008-02 A REQUEST TO UPGRADE AND EXPAND AN EXISTING STEALTH ANTENNA FACILITY LOCATED AT 6803 INTERNATIONAL AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2008-02, subject to the conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 6105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-02 - WITH CONDITIONS. Item No. 7: EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-06, A REQUEST FOR AONE-YEAR EXTENSION OF THE PREVIOUS APPROVAL TO CONSTRUCT EIGHT CONDOMINIUM UNITS LOCATED AT 5422-5442 CRESCENT AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the Extension of Conditional Use Permit No. 2007-06, subject to the original conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 6106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-06 -WITH CONDITIONS. Item No. 8: EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-07, A REQUEST FOR AONE-YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5712 DANNY AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the Extension of Conditional Use Permit No. 2007-07, subject to the conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 6107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-07 -WITH CONDITIONS. 5 161 CITY COUNCIL MINUTES JULY 14, 2008 Item No. 9: ACCEPTANCE OF A MONETARY DONATION FROM THE WARLAND INVESTMENTS COMPANY. Recommendation: That the City Council: 1) Accept the donation of five thousand dollars ($5,000) from the Warland Investments Company; and 2) Increase estimated revenues (3713-11, Donations) in the General Fund; and 3) Appropriate five thousand dollars ($5,000) from the unreserved fund balance of the General Fund to account 4116-11-163- 05 (Computer/Software Equipment). Item No. 10: ACCEPTANCE OF LEMON/LIME NEIGHBORHOOD STREET AND ALLEY IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2007-16. Recommendation: That the City Council: 1) Approve Contract Change Order No. 2 to Silvia Construction, Inc., Rancho Cucamonga, California, in the amount of $12,308.30; and 2) Accept the Lemon/Lime Neighborhood Street and Alley Improvements, Public Works Project No. 2007-16, as being satisfactorily completed in conformance with the project specifications, in the final amount of $228,752.75; and 3) Approve the final retention payment of $22,875.28 to Silvia Construction, Inc., Rancho Cucamonga, 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. 11: APPROVAL OF CONTRACT CHANGE ORDER NO. 1. RESIDENTIAL AND ARTERIAL STREETS OVERLAY, PUBLIC WORKS PROJECT NO. 2007-18. Recommendation: That the City Council approve Contract Change Order No. 1 for the Residential and Arterial Streets Overlay, Public Works Project No. 2007-18, to All American Asphalt, Inc., Corona, California, in the amount of $149,808.80. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85476 THROUGH 85477 WARRANTS NO. 86747 THROUGH 86926. AND WARRANTS NO. 86927 THROUGH 87129. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. 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. No items. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. 6 1~2 CITY COUNCIL MINUTES JULY 14, 2008 Council Member Narain: Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base. Attended the swearing in ceremony for Chief Yokoyama. Attended- an inauguration ceremony at Los Alamitos Medical Center for Total Care Cancer Care Center. Attended a League of California Cities transportation meeting. Attended the retirement dinner for Chief Hicks. Council Member Luebben: Attended the joint ribbon cutting with the City of Los Alamitos for Lexington Drive. Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting. Attended youth basketball games in Irvine. Visited the DUI checkpoint at Valley View Street and Phyllis Drive. Attended the swearing in ceremony for Chief Yokoyama. Attended an O.C. Sanitation District Administration meeting. Attended the retirement dinner for Chief Hicks. Council Member Bailey: ' Attended the joint ribbon cutting with the City of Los Alamitos for Lexington Drive. Served as Tournament Director for the Little League All Star tournament. Attended a Santa Ana River Flood Protection Agency meeting. Mayor Pro Tem Mills: Attended the swearing in ceremony of O.C. Sheriff Sandra Hutchins. Attended the Regional Joint Forces Training Base Military Affairs committee meeting. Attended a Regional Transportation Implementation Plan Committee meeting. Attended the joint ribbon cutting with the City of Los Alamitos for Lexington Drive. Attended the Cypress Chamber of Commerce mixer. Attended a Fourth of July event at the Navy Golf Course. Attended the swearing in ceremony for Chief Yokoyama. Attended the Cypress Chamber of Commerce networking breakfast. Attended the Cypress School District Board of Trustees meeting. Attended the Orange County Division League of California Cities meeting. Attended the retirement dinner for Chief Hicks. Mayor Seymore: Participated in a live broadcast at KDOC. Attended the joint ribbon cutting with the City of Los Alamitos for Lexington Drive. Attended an Orange County Fire Authority Board meeting. Attended the Concert-on-the-Green. Attended Fire Station 17's open house to reveal plans for a new fire station. Participated in an interview with the Cities of Los Alamitos and Seal Beach to promote the Fourth of July Fireworks Celebration held at the Joint Forces Training Base. Attended the Fourth of July Fireworks Celebration at the Joint Forces Training Base. Attended the swearing in ceremony for Chief Yokoyama. Attended Orange County Division League of California Cities meeting. Attended the retirement dinner for Chief Hicks. Mayor Seymore spoke regarding an anonymous letter that he received regarding the legalization of fireworks in the City. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Rob Johnson, Cypress, spoke regarding the Cypress Community Festival to be held on Saturday, July 26, 2008. ITEMS FROM CITY MANAGER: The City Manager stated that a rededication of the Boys & Girls Club of Cypress building will be held on July 16, 2008 at 5:00 p.m. He announced the resignation of Recreation and Community Services Director Laura Detweiler effective July 24, 2008. He also announced the appointment of June Liu as the new Recreation and Community Services Directors Council Member Bailey congratulated and thanked Laura Detweiler for her efforts. ~ 7 :L~ CITY COUNCIL MINUTES JULY 14, 2008 ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:52 p.m. to Monday, July 28, 2008, beginning at 5:30 p.m. in the Executive Board Room. Vv MAYOR OF THE CITY CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8