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Minutes 2009-10-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD October 26, 2009 A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor Bailey in the Executive Board Room, 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 Bill 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 June Liu Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that the Public Works Director and the Recreation and Community Services Director would present the final portion of the City Infrastructure Plan. The goal of the workshop presentation is for the City Council to direct staff to go forward with the development of the Capital Improvement Program and reconfirmation of the City Council's previous decisions regarding funding for groups such as the Advisory Committee on the Use of Athletic Facilities (ACUAF) and the Friends of Cypress Recreation and Parks, Inc. (FCRP). The Recreation and Community Services Director thanked staff members Bobby Blackburn, Kamran Dadbeh, and Dena Diggins for their assistance with the Recreation Infrastructure Study. She acknowledged the presence of Rob Johnson, Chair of the Recreation Community Services Commission. The Recreation and Community Services Director stated that she and the Public Works Director would be presenting to the City Council the remaining component of the City's Infrastructure Plan. She stated that her department oversees a variety of facilities, including 19 parks and two mini -parks on elementary school sites, and that a consultant was contracted to analyze 16 park sites including amenities, landscape /irrigation, and restrooms. She informed that the analysis did not include the Community Center, Senior Citizens Center, or the Willow Park pond, however, those sites may be studied within the next 5 -10 years. The Recreation and Community Services Director commented that the purpose of the study was to evaluate the repair or replacement of like -items using the parks' original footprints. She stated that the Public Works Director and his staff created a database for further analysis and quantification, as well as to address turf and irrigation rehabilitation on the parks. The Recreation and Community Services Director stated that there are no immediate health or safety issues to address. 403 404 CITY COUNCIL MINUTES OCTOBER 26, 2009 The Public Works Director stated that field visits were made to every park with aerial photos taken. He stated that the total asset value of the parks is approximately $30 million with $1.43 million being the annualized amount based on the amenities' life cycle. He commented that, based on square footage, the larger parks are getting the most amount of funding with landscaping and irrigation being the most costly expenditures for those parks. The Public Works Director stated that this plan provides a tool for continual replacement and upkeep of park assets. The Recreation and Community Services Director stated that typical park replacement items include trash cans, picnic tables, benches, drinking fountains, and barbecues which are of commercial /industrial standards. She stated that, excluding Veterans Park, every City park is 35 -43 years old if not older and although most of the parks' amenities may still be structurally sound, they may not be aesthetically pleasing. Council Member Luebben asked if replacement and /or removal of amenities have been considered based on the items' necessity at the park. He further asked if replacement park benches will be more modern and disabled accessible. The Recreation and Community Services Director responded that staff will consider park amenities on an as- needed basis based on location and usage. The Public Works Director commented that vandalism is a concern with newer, plastic coated park benches in that if the plastic coating is cut, the entire bench must be replaced. He further stated that playground funding will be subsidized with grant funds. The Public Works Director remarked that the Infrastructure Plan database is a tool for planning purposes and can be revised as information is gained or a situation changes. He stated that the City Council will approve the annual Capital Improvement Program for only the current fiscal year. He commented that the City Council should direct staff to develop solutions on how to acquire additional funding. Council Member Luebben asked if staff has considered seeking an infrastructure bond in order to address all of the City's needs at once. The Public Works Director replied that staff would consider bond offerings for needs such as the $290 million storm drain project. The Recreation and Community Services Director indicated that the amount of infrastructure funding needed by the Recreation and Park District will never be captured through any type of fees. Mayor Bailey asked about what action would be necessary for the funding and the approximate cost of obtaining a fiscal advisor. The City Manager stated that if the City Council so desires, staff can obtain costs associated with a fiscal advisor. The Public Works Director stated that infrastructure needs of $378 million is asset replacement only and would most likely be increased for larger project needs should the City seek bond funding. Mayor Bailey asked how the parks were originally purchased. The Recreation and Community Services Director responded that the parks were purchased via a park bond in 1974, which not only assisted with funding for building the Community Center, but for half of the parks as well. Council Member Luebben asked if any of the park land is dedicated. The Recreation and Community Services Director replied that Arnold /Cypress Park and Cedar Glen Park land are dedicated. Council Member Luebben asked about partnering with a multi jurisdictional organization or other cities. 2 CITY COUNCIL MINUTES OCTOBER 26, 2009 It was the consensus of the City Council to receive and file this report, and that staff look into costs associated with obtaining a funding advisor. The City Manager stated that at the next regular City Council meeting the Recreation and Community Services Director will make a presentation to the City Council on the revenues, expenditures, and subsidy levels of recreation programs. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a); Blythe v. North Orange County Community College District, et al.; Case Number 30- 2008 00103466, Orange County Superior Court. At 5:35 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 Bill 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 Associate Planner Kori Nevarez 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. PRESENTATIONS: Orange County Fire Authority Chief Keith Richter introduced himself to the City Council. 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 a workshop was held to review the Recreation Infrastructure Study. He stated that the plan has been finalized and is available on the City's website. It is a 10 year study inventorying all of the City's parks. It was the consensus of the City Council to receive and file the report and that the City Manager determine financing options for the shortfall in funding. 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 Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a); Blythe v. North Orange County Community College District, et al.; 3 405 406 CITY COUNCIL MINUTES OCTOBER 26, 2009 Case Number 30- 2008 00103466, Orange County Superior Court. The City Attorney stated that the O.C. Superior Court has granted the motion for summary judgment in favor of the City of Cypress. He stated that an agreement has been reached where the City will be dismissed with prejudice from this action. 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. Linda Cabrera, Cypress, spoke regarding pornography in newspaper stands in the City. 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 GENERAL PLAN AMENDMENT NO. 2009 -01, ZONING ORDINANCE AMENDMENT NO. 2009 -02, AND LINCOLN AVENUE SPECIFIC PLAN AMENDMENT NO. 2009 -01, A CITY INITIATED PROPOSAL TO ALLOW AN INCREASE IN THE MAXIMUM RESIDENTIAL DENSITY WITHIN LIMITED AREAS IN THE LINCOLN AVENUE SPECIFIC PLAN AREA AND ADD PROVISIONS FOR EMERGENCY SHELTERS, TRANSITIONAL HOUSING, AND SUPPORTIVE HOUSING IN ACCORDANCE WITH PROGRAMS 14, 14A, 14B, AND 17 OF THE ADOPTED 2008 -2014 HOUSING ELEMENT OF THE CYPRESS GENERAL PLAN. The Associate Planner provided background information on this item. 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 Council Member Luebben and seconded Council Member Seymore, that the City Council: 1) Adopt the Mitigated Negative Declaration and the associated Mitigation Monitoring Program in accordance with the requirements of the California Environmental Quality Act; and 2) Adopt the Resolution by title only, approving General Plan Amendment No. 2009 -01; and 3) Introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2009 -02; and 4) Introduce for first reading the Ordinance by title only, approving Lincoln Avenue Specific Plan Amendment No. 2009 -01. 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. 6168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING GENERAL PLAN AMENDMENT NO. 2009 -01, INCREASING THE MAXIMUM RESIDENTIAL DENSITY IN THE LINCOLN AVENUE SPECIFIC PLAN AREA FROM 20 TO 30 UNITS PER ACRE. 4 CITY COUNCIL MINUTES OCTOBER 26, 2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SECTION 6.31.020.S AND 6.31.020.T, SECTION 3.17.220.B.2.A., AND SECTION 3.17.240 OF THE CYPRESS ZONING ORDINANCE ADDING DEFINITIONS FOR SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING; AMENDING THE DEFINITION FOR EMERGENCY SHELTERS; ADDING TEMPORARY EMERGENCY SHELTERS TO USES EXEMPT FROM A TEMPORARY USE PERMIT IN THE PS ZONE; AND ADDING PERFORMANCE STANDARDS FOR EMERGENCY SHELTERS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO THE LINCOLN AVENUE SPECIFIC PLAN SECTIONS AS FOLLOWS: SECTION 4.3, LAND USE CHARACTER AND EXHIBIT 3, LAND USE MAP; SECTION 4.4, TABLE 1, PERMITTED LAND USE MATRIX; SECTION 4.5, TABLE 2, DEVELOPMENT STANDARDS MATRIX, BY ADDING A NEW R30 RESIDENTIAL DISTRICT WITH A MAXIMUM DENSITY OF 30 QU /ACRE AND ADDING CORRESPONDING DEVELOPMENT STANDARDS; INCREASING THE MAXIMUM DENSITY IN THE RM DISTRICT TO 30 DU /ACRE; ALLOWING RESIDENTIAL DEVELOPMENTS BY RIGHT IN THE RM AND R30 DISTRICTS; ALLOWING COMMUNITY CARE FACILITIES BY RIGHT IN DISTRICTS PERMITTING RESIDENTIAL USES; AND ADDING EMERGENCY SHELTERS TO THE PERMITTED USES IN THE CM DISTRICT OF THE SPECIFIC PLAN AREA. CONSENT CALENDAR: ORDINANCE NO. ORDINANCE NO. 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. 2 through 8. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 12, 2009. Recommendation: That the City Council approve the Minutes of the Meeting of October 12, 2009, as submitted. 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: PROCLAIMING NOVEMBER 4, 2009 AS "LAW ENFORCEMENT RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim November 4, 2009 as "Law Enforcement Records and Support Personnel Day" in the City of Cypress. 5 407 408 CITY COUNCIL MINUTES OCTOBER 26, 2009 Item No. 5: CONFIRMATION OF APPOINTMENT TO FILL VACANCY ON THE RECREATION AND COMMUNITY SERVICES COMMISSION. Recommendation: That the City Council confirm the appointment of Tom Ferguson to fill the vacancy on the Recreation and Community Services Commission. Item No. 6: ACCEPTANCE OF 2008/09 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2008 -13. Recommendation: That the City Council: 1) Accept the 2008/09 Slurry Seal Project, Public Works Project No. 2008 -13, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,900,069.35; and 2) Approve the final retention payment of $190,006.94 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. 7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER, 2009. Recommendation: That the City Council receive and file the Investment Report for the month of September, 2009. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 10693 THROUGH 10925. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. NEW BUSINESS: END OF CONSENT CALENDAR Item No. 9: CONSIDERATION OF AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 5, ARTICLE X, OF THE CYPRESS MUNICIPAL CODE RELATING TO FLOODPLAIN MANAGEMENT. The Public Works Director /City Engineer provided background information on this item. Council Member Mills stated that he found it very helpful to have the side -by -side comparisons. Mayor Bailey asked for clarification on the voluntary flood insurance in the City of Cypress. The Public Works Director stated that there will not be any changes to the City. It was moved by Council Member Seymore and seconded Council Member Luebben, that the City Council introduce for first reading the Ordinance by title only, amending provisions of Chapter 5, Article X of the Cypress Municipal Code relating to floodplain management. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING PROVISIONS OF THE CYPRESS MUNICIPAL CODE RELATING TO THE FLOODPLAIN MANAGEMENT PLAN. 6 CITY COUNCIL MINUTES OCTOBER 26, 2009 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: Mayor Bailey requested reports from the Council Members on their respective committee assignments. Mayor Bailey: Participated in BRACE visit with City staff to Mori Seiki. Attended a Rotary Club of Cypress meeting with his son. Attended a Mayors meeting with the cities of Garden Grove, Los Alamitos, and Seal Beach regarding enhanced land use at the Joint Forces Training Base and the current composting situation. Attended the Volunteers in Policing recognition luncheon. Attended the Red Ribbon Week kickoff breakfast. Council Member Mills: Discussed the lawsuit filed by the City of Irvine against SCAG. Discussed the request by the O.C. Board of Supervisors on whether O.C. Vector Control should remain an independent district or become part of a larger County organization. Attended a neighborhood community meeting in his neighborhood where Chief Yokoyama spoke. Attended an OCCOG Board of Directors meeting. Attended the Red Ribbon Week kickoff breakfast. Attended the Acacia Adult Day Services 30 year celebration. Council Member Seymore: Attended the Volunteers in Policing recognition luncheon. Attended an O.C. Fire Authority Executive Board meeting. Attended the Red Ribbon Week kickoff breakfast. Attended the Acacia Adult Day Services 30 year celebration. Council Member Luebben: Attended an O.C. Sanitation District Administration Committee meeting. Attended an O.C. Sanitation District Strategic Planning workshop. Attended the Volunteers in Policing recognition luncheon. Attended the Cypress High School football game against Loara High School. Mayor Pro Tem Narain: Attended an O.C. Sanitation District Strategic Planning workshop. Attended the Volunteers in Policing recognition luncheon. Attended the Red Ribbon Week kickoff breakfast. Attended the Cypress Chamber of Commerce Taste of West Orange County at Cypress College. Congratulated Tom Ferguson on being appointed to the Recreation and Community Services Commission. ITEMS FROM CITY MANAGER: The City Manager commented on the Mayors meeting regarding composting at the Joint Forces Training Base, informing that the cities of Cypress, Garden Grove, Los Alamitos, and Seal Beach have united towards support regarding the Base. He stated that a letter from the four cities' Mayors was sent requesting that the composting be permanently disbanded. There was also a letter sent regarding funding for repair of the runway at the 7 409 410 CITY COUNCIL MINUTES OCTOBER 26, 2009 Base. The City Manager further stated that Congressman Dana Rohrabacher sent a letter to Janet Napolitano, Secretary of the Department of Homeland Security, encouraging the expedition of funding to the Joint Forces Training Base for repair of the runway. He assured that the four cities are working together in a cooperative manner for the preservation of the Base. ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:45 p.m. to Monday, November 9, 2009, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS MA OR O THE F CYPRESS 8