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Minutes 2009-07-27 361 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 27, 2009 A regular meeting of the Cypress City Council was called to order at 6:00 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 Leroy Mills Council/Agency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey ORAL COMMUNICATIONS: None. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Police Officers Association. At 6:01 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 Leroy Mills Council/Agency Board Member Todd Seymore 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 June Liu Police Captain Jackie Gomez-Whiteley Assistant City Engineer Kamran Dadbeh Water Quality Manager Gonzo Vazquez Administrative Services Manager Andrew Tse Building Official Bob Decker Assistant Planner Judy Aquino City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tern Narain. INVOCATION: The invocation was given by City Attorney Wynder. 362 CITY COUNCIL MINUTES JULY 27, 2009 PRESENTATIONS: Sandra Montez O.C. Vector Control Representative, introduced Gerard Goedhart and Mike Hurst. Mr. Hurst provided an annual update on O.C. Vector Control issues. Council Member Luebben asked about what percentage of the O.C. Vector Control budget is allocated for staff salaries versus Vector Control enforcement. Mr. Hurst responded that it is difficult to separate staff salaries from the overall budget, however, two-thirds of the budget is personnel costs. REPORT OF WORKSHOP AGENDA/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 Conference with Labor Negotiators, pursuant to Government Code Section 54957.6, Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Police Officers Association. The City Attorney stated that a privileged and confidential report was provided. 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. Mike Osborne, Cypress, spoke regarding parking in Cypress Village. Ed Weiss, Cypress, spoke regarding parking of trucks in Cypress. Don Seward, Cypress, spoke regarding the State budget. Noel Hacegaba, Consolidated Disposal, introduced himself to the City Council. David Sluga, Cypress, spoke regarding the Cypress Community Festival. Tim Keenan, 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). Item No. 1: PUBLIC HEARING REGARDING A PROPOSED AMENDMENT TO CITY FEES FOR ORANGE COUNTY FIRE AUTHORITY (OCFA) PERMIT PROCESSING SERVICES. The Building Official provided background information on this item. Mayor Bailey asked about current fees. The Building Official stated that the current fee of 10% of the Orange County Fire Authority transaction will not change, and it was determined that some of the larger transactions were exceeding the cost for providing services. He stated that this amendment would put a $50 cap on each transaction. 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. 2 363 CITY COUNCIL MINUTES JULY 27, 2009 The public hearing was closed. It was moved by Mayor Bailey and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, amending and restating the Master Schedule of Fees Related to Fees and Charges for Certain City and Recreation and Park District Services and Activities. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING AND RESTATING RESOLUTION NO. 6118 ESTABLISHING A MASTER SCHEDULE OF FEES RELATED TO FEES AND CHARGES FOR CERTAIN CITY AND RECREATION AND PARK DISTRICT SERVICES AND ACTIVITIES. Item No. 2: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009-03, A REQUEST TO ALLOW THE ONSITE SALE OF BEER AND WINE AT A NEW CHINESE RESTAURANT LOCATED AT 4139 BALL ROAD IN THE CG COMMERCIAL GENERAL ZONE. The Assistant Planner provided background information on this item. Council Member Seymore asked about the undue concentration in the area. The Assistant Planner responded that currently seven on-sale licenses exist within this tract and a total of seven on-sale licenses are allowed. She stated that the Department of Alcoholic Beverage Control has determined that this additional license was not of concern because there was an actual alcohol license at this location in 2005. 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. It was moved by Mayor Pro Tern Narain and seconded by Mayor Bailey, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2009-03, subject to the conditions in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2009-03 - 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. 3 364 CITY COUNCIL MINUTES JULY 27, 2009 It was moved by Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 3 through 14. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 13. 2009. Recommendation: That the City Council approve the Minutes of the Meeting of July 13, 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: SECOND READING OF ORDINANCE AMENDING SANITARY SEWERS AND SEWER DISPOSAL CHARGES. Recommendation: That the City Council adopt the Ordinance by title only, amending Chapter 22, Sections 22-1, 22-3, and 22-7 of the Code of the City of Cypress relating to sewer and sewage disposal charges. ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING SECTIONS 22-1, 22-3, AND 22-7 OF THE CODE OF THE CITY OF CYPRESS RELATING TO SEWERS AND SEWAGE DISPOSAL CHARGES. Item No. 6: DESIGNATION OF VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES 2009 ANNUAL CONFERENCE. Recommendation: That the City Council designate Council Member Phil Luebben as the voting delegate for the League of California Cities 2009 Annual Conference. Item No. 7: CONTINUED CONSIDERATION OF DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02. A REQUEST TO CONSTRUCT A STEALTH CELLULAR ANTENNA FACILITY ON THE ROOFTOP OF AN EXISTING OFFICE BUILDING LOCATED AT 5252 ORANGE AVENUE IN THE OP OFFICE PROFESSIONAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2009-02, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 6155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02 - WITH CONDITIONS. Item No. 8: REQUEST FOR FEE WAIVER - A REQUEST TO WAIVE THE DESIGN REVIEW COMMITTEE PERMIT APPLICATION FEE FOR THE REPLACEMENT OF THE MARQUEE SIGN AT THE LEXINGTON MIDDLE SCHOOL LOCATED AT 4351 ORANGE AVENUE IN THE PS PUBLIC & SEMI-PUBLIC ZONE. Recommendation: That the City Council approve the fee waiver as requested. 4 365 CITY COUNCIL MINUTES JULY 27, 2009 Item No. 9: APPROVAL OF COOPERATIVE AGREEMENT WITH THE CITY OF LA PALMA FOR THE DEL AMO BRIDGE IMPROVEMENT PROJECT. Recommendation: That the City Council approve and authorize the City Manager to execute a Cooperative Agreement with the City of La Palma for the Del Amo Bridge Improvement Project. Item No. 10: APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REPAIR AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 2008-10. Recommendation: That the City Council approve the plans and specifications for Sewer Repair at Various Locations, Public Works Project No. 2008-10. Item No. 11: SPECIAL TAX LEVY FOR FY 2009-10 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for fiscal year 2009-10 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 6156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2009-2010 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE. 2009. Recommendation: That the City Council receive and file the Investment Report for the month of June, 2009. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 92048 THROUGH 92194 AND FISCAL YEAR 2009-10 FOR WARRANTS NO. 10001 THROUGH 10024. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2008-09 and 2009-10. Recreation and Park District Matters: Item No. 14: REPLACEMENT OF STORAGE SHED AND SUPPLIES FOR THE KIDS CORNER PROGRAM. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Appropriate $5,384.00 to Account No. 725- 95300.4310_200 from the District's Equipment Replacement Fund for the replacement of one storage shed at Darrell Essex Park for the Kids Corner Program; and 2) Appropriate $10,000.00 to Account No. 212-90327.4103_004 of District's General Fund for the replacement of the contents of the storage sheds at Darrell Essex Park for the Kids Corner Program; and 3) Approve the transfer of $5,384.00 from the City's General Liability Fund (760-99999.4501_725) to the District's Equipment Replacement Fund (725- 99999-3901760) for the replacement of one storage shed at Darrell Essex Park for the Kids Corner Program; and 4) Approve the transfer of $10,000.00 from the City's General Liability Fund (760-99999.4501_212) to the District's General Fund (212-99999.3901_760) for the replacement of the various toys and supplies for the Kids Corner Program. END OF CONSENT CALENDAR 5 366 CITY COUNCIL MINUTES JULY 27, 2009 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 Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Item No. 15: CONSIDERATION OF CANCELLATION OF THE SECOND COUNCIL MEETING IN NOVEMBER 2009 (Council Member Luebben). Council Member Luebben stated that this item had previously been discussed and voted on by the City Council, and that he requested that this matter be re-agendized for consideration. It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council cancel the second Council meeting in November scheduled for November 23, 2009. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Mayor Bailey requested reports from the Council Members on their respective committee assignments. Council Member Mills: Attended the Cypress Chamber of Commerce Networking Breakfast. Attended the O.C. Vector Control Board of Trustees meeting. Attended a Legislative Committee meeting. Attended the 1498 Transportation Company Welcome Home ceremony. Attended the Festival Breakfast with the Mayor. Attended the Cypress Chamber of Commerce Festival mixer. Attended the Cypress Community Festival. Council Member Seymore: Assisted the Woman's Club of Cypress with a fundraiser at Dream Dinners. Attended the Concert-on-the-Green. Attended the Festival Breakfast with the Mayor. Attended an O.C. Fire Authority Board meeting. Attended the Cypress Community Festival. Council Member Luebben: Attended a SCAG Contracts, Audits, and Personnel Committee meeting. Attended a SCAG Integrated Policy Task Force meeting. Attended an O.C. Sanitation District Board and Steering Committee meetings. Attended the Cypress Community Festival. Mayor Pro Tem Narain: Attended the Cypress Chamber of Commerce Networking Breakfast. Attended the Festival Breakfast with the Mayor. Attended the Cypress Chamber of Commerce Festival mixer. Attended the Cypress Community Festival. 6 367 CITY COUNCIL MINUTES JULY 27, 2009 Mayor Bailey: Attended a BRACE meeting with Baja Fresh. Attended the Festival Breakfast with the Mayor. Attended the Cypress Chamber of Commerce Festival mixer. Attended the Cypress Community Festival. ITEMS FROM CITY MANAGER: The City Manager displayed the Community Profile that will be used for marketing the City. ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:53 p.m. to Monday, August 10, 2009, beginning at 5:30 p.m. in the Executive Board Room. M Y H E C 5~ESs ATTEST: ru&k,CCL 'b'-CLP-"N1 CITY CLERK OF THE CITY OF CYPRESS 7 368 1 1 1