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Minutes 2009-04-13 1 X97 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 13, 2009 A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Doug Bailey Mayor Pro Tem/Agency Vice Chair Prakash Narain Council/Agency Board Member Phil Luebben Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Mills Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey Chief of Police Mark Yokoyama City Clerk Denise Basham CLOSED SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957. At 6:32 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 Bailey. Members present: Mayor/Agency Chair Doug Bailey Mayor Pro Tem/Agency Vice Chair Prakash Narain Council/Agency Board Member Phil Luebben Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Mills 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 Police Captain Jackie Gomez-Whiteley Public Works Director Doug Dancs Recreation and Community Services Director June Liu Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey. INVOCATION: The invocation was given by City Attorney Wynder. 2~8~ CITY COUNCIL MINUTES APRIL 13, 2009 PRESENTATIONS: Chief Yokoyama provided details on the event on January 31, 2009 where Officers Pryor and Wintersole and Cypress resident John Bivens rescued Thomas Gilmore from his burning home. Chief Yokoyama presented Cypress Police Officers Carlos Pryor and Mike Wintersole with the Cypress Police Department's Gold Distinguished Service Award and presented Cypress resident John Bivens with a Certificate of Special Recognition. Kathy Moran, O.C. Supervisor Moorlach's Office, presented Certificates of Recognition ~ to Officers Pryor and Wintersole and Cypress resident John Bivens. Catherine Youngerman, Kiwanis Club of Cypress, presented medals to Officers Pryor and Wintersole and Cypress resident John Bivens. Ma or B it a e resented Certificates of S ecial Reco nition to the officers and Mr. Y Yp P 9 Bivens. Mayor Bailey presented a Certificate of Special Recognition to Cypress High School student Sam Barrera. Kathy Moran, O.C. Supervisor Moorlach's Office, presented Sam Barrera with a Certificate of Recognition. Battalion Chief Mike McCoy, O.C. Fire Authority, thanked Sam Barrera and spoke regarding involvement by the public in assisting others. Catherine Youngerman, Kiwanis Club of Cypress, presented Sam Barrera with a medal. REPORT OF CLOSED SESSION: The Mayor asked for the 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 Public Employee Discipline/Dismissal/Release, pursuant to Government Code Section 54957. The City Attorney stated that under state law no further reporting is required. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Bailey asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Mayor Bailey stated that the applicant has requested that Agenda Item No. 2 be pulled from the agenda and continued to a future date. Item No. 1: A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-02. A REQUEST BY ALTAMED HEALTH SERVICES CORPORATION TO ESTABLISH AN ADULT DAY HEALTH CARE CENTER WITHIN AN EXISTING COMMERCIAL BUILDING LOCATED AT 5175 BALL ROAD IN THE OP OFFICE PROFESSIONAL ZONE. The Planning Manager provided background information on this item. 2 X99 CITY COUNCIL MINUTES APRIL 13, 2009 The applicant, Angela Roberts, AltaMed Health Services, provided information on the health center. Mayor Pro Tem Narain asked about transportation to the facility. Ms. Roberts stated that the majority of the participants have family members that they live with and this facility would be an opportunity to give the caregiver a respite, with the majority of the participants picked up and dropped off by the facility's van service. The public hearing was opened. Mayor Bailey asked if there was anyone who wished to speak in favor of the item. Mayor Bailey asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member Luebben questioned the site plan that replaced the original site plan in the agenda report. The Planning Manager stated that the site plan concerns raised by Council Member Mills included the cell tower equipment located close to the facility and the discrepancy of the number of parking spaces on the right hand side of the building. Additionally, the new site plan reflects a light pole that was not reflected on the previous site plan, along with the configuration of some of the parking spaces. Council Member Luebben commended staff on finding a good tenant for the site. Council Member Seymore thanked staff for providing a project that replaces a prior use. Mayor Pro Tem Narain asked about the number of clients and relocation of the front entrance. The Planning Manager stated that the front entrance will be moved south of the existing entrance. Mayor Pro Tem Narain asked about the parking requirements. The Planning Manager stated that parking is a state standard. Mayor Pro Tem Narain asked if it is afor-profit or non-profit organization. Ms. Roberts stated they are anon-profit organization and that they are a federally qualified health center with a Medical program. Mayor Bailey asked the applicant if they have reviewed the conditions of approval. Ms. Roberts stated they have reviewed and agree with all of the conditions. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2009-02, subject to the conditions in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills RESOLUTION NO. 6133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO.2009-02 - WITH CONDITIONS. 3 3Q0 CITY COUNCIL MINUTES APRIL 13, 2009 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 Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 3 through 10. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mills Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MARCH 23, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of March 23, 2009, as submitted. Item No. 4: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: PROCLAIMING THE MONTH OF APRIL 2009 AS "DMV/DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April 2009 as "DMV/Donate Life California Month" in the City of Cypress. Item No. 6: PROCLA_I_MING THE WEEK OF APRIL 19-26. 2009 AS "DAYS OF REMEMBRANCE" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of April 19-26, 2009 as "Days of Remembrance" in the City of Cypress. Item No. 7: EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-13 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2007-07. A REQUEST FOR AONE- YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT A RETAIL COMMERCIAL CENTER AT THE NORTHWEST CORNER OF KATELLA AVENUE AND WINNERS CIRCLE IN THE PBP PLANNED BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolutions by title only, approving one (1) year extensions of Conditional Use Permit No. 2007-13 and Design Review Committee Permit No. 2007-07 (until April 28, 2010), subject to the original conditions of approval. RESOLUTION NO. 6134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF CONDITIONAL USE PERMIT N0.2007-13 - WITH CONDITIONS. RESOLUTION NO. 6135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AONE-YEAR EXTENSION OF DESIGN REVIEW COMMITTEE PERMIT N0.2007-07 - WITH CONDITIONS. 4 ~O1 CITY COUNCIL MINUTES APRIL 13, 2009 Item No. 8: SUPPLEMENTAL APPROPRIATION AND AWARD OF CONTRACT FOR PUCHASE OF GRANT FUNDED PUBLIC SAFETY RADIOS. Recommendation: That the City Council: 1) Appropriate $73,000 from the unreserved fund balance of the Equipment Replacement Fund (account 4305-90-656-35); and 2) Increase estimated revenues in the Equipment Replacement Fund by $58,400 (account 3525-90); and 3) Approve an operating transfer for $14,600 from the City's Narcotics Asset Seizure Fund (account 2200-28) to the City's Equipment Replacement Fund (1200- 90); and 4) Dispense with the formal bidding process and award a contract not to exceed $73,000 to Motorola, Inc. under the terms of the pre-negotiated County of Orange Radio Purchase Agreement Number S0000015.95. Item No. 9: ACCEPTANCE OF 2008/09 OVERLAY PROJECT PUBLIC WORKS PROJECT NO. 2008-17. Recommendation: That the City Council: 1) Accept the 2008/09 Residential and Arterial Streets Overlay, Public Works Project No. 2008-17, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,366,662.35; and 2) Approve the final retention payment of $136,666.24 to All American Asphalt Inc., Corona, California, 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. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 90535 THROUGH 90770. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. END OF CONSENT CALENDAR 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. ORAL COMMUNICATIONS: For Mafters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Bailey requested reports from the Council Members on their respective committee assignments. Manor Bailev: Attended a joint meeting with Council Member Luebben and the Cypress School District to discuss the progress with Measure M funds. Attended a fundraising event for Hotline of Southern California. Participated in the Rotary Club of Cypress' annual spaghetti dinner at the Cypress Senior Citizens Center. Attended a workshop at the South Coast Air Quality Management District regarding the economic stimulus. Attended the annual 5 3 CITY COUNCIL MINUTES APRIL 13, 2009 Arbor Day Celebration at Cedar Glen Park. Attended an O.C. Division League of California Cities meeting. Council Member Luebben: Attended a joint meeting with Mayor Bailey and the Cypress School District to discuss the progress with Measure M funds. Attended an O.C. Sanitation District Steering Committee and Board meeting. Attended a SCAG Energy and Environment Committee meeting. Attended a youth long-course swim meet in Mission Viejo. Attended an O.C. Sanitation District Administration Committee meeting. Attended a National "Tax Day Tea Parties" regarding the economic stimulus plan. Mayor Pro Tem Narain: Met with Bob and Cathy Holiday of the Church of Jesus Christ of Latter Day Saints regarding volunteer work in the City. Participated in the BRACE visit to Mary Kay Cosmetics with Mayor Bailey, the City Manager, the Director of Community Development, and the Redevelopment/Economic Manager. Attended a fundraising event for Hotline of Southern California. Attended a special event at Excelsior High School in Norwalk recognizing renowned meditation and yoga guru Pramhansa Nityananda. Attended the annual Arbor Day Celebration at Cedar Glen Park. Participated in jury duty. Attended a fundraiser for State Senator Tom Harman. Read a letter from Anaheim Union High School District Superintendent Joseph Farley regarding changes to the 2009-2010 school year calendar. Council Member Sevmore: Attended a Relay for Life Kickoff event. Attended an O.C. Fire Authority Board meeting. Attended the annual Arbor Day Celebration at Cedar Glen Park. Attended the Student/Business Mentoring Breakfast hosted by the Cypress Chamber of Commerce. Attended an O.C. Division League of California Cities meeting. Attended the annual Spring Egg Hunt at Oak Knoll Park. Mayor Bailey asked the Chief of Police to provide an update regarding the bingo code. The Chief of Police stated a complaint was received regarding an illegal form of bingo being played. A member of the Detective Bureau investigated the matter and determined that an illegal form was being played. He stated that the City has a $250 maximum limit of winning for each game and the state has a cap of $500. He stated that staff has met with the bingo group and that he will provide more details in the future. Mayor Bailey asked if this was a recent change to the state code. The Chief of Police stated this change was effective January 1, 2009. ITEMS FROM CITY MANAGER: The City Manager stated that outstanding bids were received on the recent sewer project and this project will be agendized in the near future. He commended the Director of Recreation and Community Services on her efforts with the annual July 4m Fireworks Celebration. ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:07 p.m. to Monday, April 27, 2009, beginning at 5:00 p.m. in the Executive Board Room. M H I CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS s