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Minutes 2010-02-08MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 8, 2010 A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Narain in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem /Agency Vice Chair Doug Bailey CounciVAgency Board Member Phil Luebben CounciVAgency Board Member Leroy Mills CounciVAgency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder ORAL COMMUNICATIONS: None. CLOSED SESSION: 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); Yates v. City of Cypress; Case Number 30- 2009 00118477, Orange County Superior Court. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(c); Number of Cases: Two. At 5:32 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 Narain. Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey Council /Agency Board Member Phil Luebben CounciVAgency Board Member Leroy Mills CounciVAgency 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 Planning Manager Doug Hawkins Assistant Planner Judy Aquino Administrative Services Manager Andrew Tse City Clerk Denise Basham 446 CITY COUNCIL MINUTES PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Narain. INVOCATION: The invocation was given by City Attorney Wynder. 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 Legal Counsel Existing Litigation, pursuant to Government Code Section 54956.9(a); Yates v. City of Cypress; Case Number 30- 2009 00118477, Orange County Superior Court. The City Attorney stated that a privileged and confidential briefing of the ongoing litigation of this matter was held. In addition, the City Council was briefed that a mandatory settlement conference was coming up on February 19, 2010. The City Council unanimously provided the City Attorney's Office with settlement authority for participation in the Mandatory Settlement Conference. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(c); Number of Cases: Two. The City Attorney stated that the facts and circumstances which could give rise to the exposure to litigation was provided to the City Council. A litigation avoidance strategy was recommended and the City Council unanimously authorized in principle the entering into a settlement and release agreement which would avoid any exposure to litigation against the City. The City Attorney stated the City Council discussed whether to initiate litigation in one case. There was a briefing on the litigation options available to the City. The City Council unanimously took the position to proceed with an alternative strategy and not to authorize the initiation of litigation at this point. No other action was taken in Closed Session, nor was any solicited. FEBRUARY 8, 2010 ORAL COMMUNICATIONS: LIMITED TO ONE -HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Bruce Seaton, Cypress, spoke regarding the City's trash contract. Shelley Henderson, Cypress, spoke regarding feature article suggestions for The Event newspaper. Janet Spurgeon, Cypress Civic Theatre Guild, spoke regarding their upcoming fundraising event in March at the Cypress Senior Citizens Center. 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. 2010 -01 AND TENTATIVE TRACT MAP NO. 17334, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT THIRTEEN (13) CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 8722 AND 8732 BELMONT STREET IN THE RM -20 RESIDENTIAL MULTIPLE FAMILY ZONE. The Planning Manager provided background information on this item. Mayor Pro Tem Bailey asked about previous zoning when the property was unincorporated. CITY COUNCIL MINUTES FEBRUARY 8, 2010 The Planning Manager responded that R4 Zoning is residential zoning. He stated that prior to the property being zoned by the City, the County of Orange would require carport parking, opening parking, or single -car parking, whereas, the City would now require two garage parking spaces. The Planning Manager stated that parking is based on the bedroom count. Mayor Pro Tem Bailey asked for elaboration regarding the calls for service by the Cypress Police Department for this location. The Chief of Police stated that numerous calls for service for prostitution and narcotics activities have been made for this property. Council Member Luebben asked about the parking for the project and the City's ability to make sure that the garages are used for parking and not for storage. The Planning Manager stated that if it is determined that there is an issue with parking, the homeowners association would be contacted for enforcement as it is a condition of approval. Council Member Mills asked about the check valves. The Planning Manager replied that check valves would be determined when the developer prepares the master fire plan. Mayor Pro Tem Bailey asked about the dwelling units and illegal structures on the property. The Planning Manager stated there is one garage that has been converted for living purposes, while another unit was a chicken farm that was not originally intended for residential purposes. The public hearing was opened. The applicant, Ed Bonanni, Bonanni Development, stated that the project meets or exceeds all requirements and he feels that it would be substantial upgrade to the neighborhood. He stated that a meeting was held in order to allow community input. Mr. Bonanni thanked City staff for their efforts on the project and stated that he agrees with all of the conditions. Council Member Seymore stated that he recently drove by the property and that this project would be a definite improvement to the property. Mayor Narain asked if there was anyone who wished to speak in favor of the item. Mayor Narain 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 Council Member Mills, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2010 -01 and Tentative Tract Map No. 17334, subject to the conditions attached in Exhibit "A" of the Resolutions. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010 -01 WITH CONDITIONS. 3 447 448 CITY COUNCIL MINUTES RESOLUTION NO. 6179 FEBRUARY 8, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 17334 WITH CONDITIONS. Item No. 2: A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2009 -07, A REQUEST TO CONSTRUCT A 2.501 SQUARE FOOT JACK IN THE BOX RESTAURANT WITH DRIVE THROUGH LOCATED AT 4901 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Assistant Planner provided background information on this item. Council Member Luebben asked for clarification on the hours of operation. The Assistant Planner stated that the original proposed hours were 6:00 a.m. 11:00 p.m., Monday through Friday; 6:00 a.m. Midnight, Saturdays and Sundays; and 6:00 a.m. 2:00 a.m. daily for drive- through only. She asked that the hours be extended for an additional hour on Sunday through Thursday. Council Member Luebben stated he was concerned with the City's restriction. Mayor Pro Tem Bailey asked if the extended hours could be granted now but taken away if there is a problem. The City Attorney stated that the City Council could include as a condition of approval that the hours of operation be reviewed at the end of the year, and, if there were substantial and demonstrated adverse impacts on the surrounding properties from the extended hours, the City could vest in the discretion of the Director of Community Development the right to restrict the hours to something Tess than what was provisionally approved. Council Member Mills asked about the requirement for mufflers on delivery vehicles. The Assistant Planner responded that this is usually done through neighborhood complaints followed by a letter from staff to the property owner. Council Members Mills asked about prohibiting lot sweepers on the site. The Assistant Planner replied that sweeping the lot is not prohibited, rather the actual truck sweeper is prohibited from being onsite. She clarified that cleaning of the parking lot must be done in another manner in order to avoid a noise impact on the surrounding residences. Council Member Mills asked about the varying wall height. The Assistant Planner stated that the code requires that any commercial center that is adjacent to a residential zone must provide an 8' tall block wall. The Director of Community Development stated that an addendum to the condition of hours of operation could be done to allow for staff's periodic administrative review should there be an issue of concern. Council Member Seymore asked for clarification on the requested extension of hours. The public hearing was opened. The applicant, David Allen, stated that they are in agreement with the conditions. Council Member Luebben asked about the normal hours of Jack in the Box. Mr. Allen stated that typical fast food restaurant hours are Sunday through Thursday at the reduced hours, with extended hours on Friday and Saturday. 4 CITY COUNCIL MINUTES FEBRUARY 8, 2010 Council Member Luebben asked what the normal business hours of a comparable Jack in the Box would be. Mr. Allen responded that new developments typically operate a 24 hour service. He stated that other typical hours of operation would be 6 :00 a.m. Midnight, Sunday through Thursday; 6:00 a.m. 2:00 a.m., Friday and Saturday; with the drive through open 24 hours. Council Member Seymore asked about the hours at the current location at Lincoln Avenue and Moody Street. The Director of Community Development stated that the conditions reflect the hours that Jack in the Box asked for, with them requesting at the last minute an additional two hours on the weekend and an additional hour during the week. He stated that the drive through hours did not change, and that the facility includes a quiet menu board. Mayor Narain asked if the hours were extended, would another public hearing be required. The City Attorney stated that another public hearing would not be required should the City Council authorize staff to do a six month, nine month, and one -year review and vest in the Director of Community Development the right to restrict hours if there are adverse impacts from the extended hours. Mayor Narain asked if there was anyone who wished to speak in favor of the item. Mayor Narain 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 Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2009 -07, subject to the conditions attached in Exhibit "A" of the Resolution, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CONSENT CALENDAR: RESOLUTION NO. 6180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2009 -07 WITH CONDITIONS. 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 Bailey, to approve Consent Calendar Items No. 3 through 8. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 5 449 450 CITY COUNCIL MINUTES FEBRUARY 8, 2010 Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 25, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of January 25, 2010, 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: ADOPTION OF A RESOLUTION IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010. Recommendation: That the City Council adopt the Resolution by title only, in support of the Local Taxpayer, Public Safety, and Transportation Act of 2010. RESOLUTION NO. 6181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010. Item No. 6: ACCEPTANCE AND APPROPRIATION OF DONATION TO THE POLICE DEPARTMENT'S D.A.R.E. PROGRAM. Recommendation: That the City Council: 1) Accept the donation of $5,000 from Cypress Stonehaven, LLC, to the City's General Fund (111-99999.3713 Donations/Contributions) to be used in the Police Department's D.A.R.E. Program; and 2) Approve the appropriation of a $5,000 donation to the Police Department's D.A.R.E. Program (111-50174.4103_004 General Fund, Crime Prevention/Community Relations Supplies Special Activity). Item No. 7: AWARD OF CONTRACT TO ALL STATE POLICE EQUIPMENT FOR THE PURCHASE OF HANDGUNS. Recommendation: That the City Council: 1) Approve an Award of Contract to All State Police Equipment, 2821 Metropolitan Place, Pomona, California, in the amount of $63,100 for the purchase of sixty -six (66) handguns; and 2) Approve an Award of Contract to Adamson Police Products, 10764 Noel Street, Los Alamitos, California, in the amount of $7,200 for the purchase of sixty -six (66) handgun holsters and fifty -eight (58) magazine pouches; and 3) Approve the appropriation of $12,978 in the City's Equipment Replacement Fund (Account No. 721 95300.4305_200) from the buy -back of used handguns to offset the purchase of new handguns and related equipment; and 4) Increase estimated revenues in the City's Equipment Replacement Fund (Account No. 721 99999.3700) by $25,200 for the buy -back proceeds from the sale of the used handguns. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 12104 THROUGH 12254. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. NEW BUSINESS: No items. END OF CONSENT CALENDAR 6 CITY COUNCIL MINUTES 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 Narain requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended a girl's basketball game at Cypress High School. Attended a SCAG Integrated Policy Task Force meeting. Attended the City's State of the City luncheon. Attended a youth junior Olympics swim meet. Mayor Narain: Attended a Regional Military Affairs Committee meeting. Gave the keynote address at the City's State of the City luncheon. Attended a BRACE visit at Cypress Forest Lawn Mortuary. Met with representatives of the Cypress Civic Theatre Guild. Attended the Federation of Indian Association of Southern California celebrating India's 60 Republic Day. Gave a lecture on spirituality and health for the Woman's Club of Cypress at the Cypress Community Center. Attended a breakfast at St. Irenaeus Catholic Church celebrating Catholic Schools Week. Attended the Kiwanis Club of Cypress' Red Ribbon Week event celebration. Council Member Sevmore: Attended the City's State of the City luncheon. Attended an O.C. Fire Authority Board meeting. Attended the O.C. Fire Authority Best and Bravest Awards ceremony. Council Member Mills: Attended a Regional Military Affairs Committee meeting. Attended the City's State of the City luncheon. Stated that OCCOG announced funding for sustainable community strategies for Orange County. Attended the Cypress Chamber of Commerce mixer at Comerica Bank. Attended SCAG Transportation Committee and Regional Council meetings. Appointed to the SCAG Nominating Committee. Attended a Southern California Transit Forum at Chapman University. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Narain adjourned the February 22, 2010, beginning at 5:30 p.m. in the Ex ATTEST: Owat_crytaain CITY CLERK OF THE CITY OF CYPRESS 7 FEBRUARY 8, 2010 ng at 7:59 p.m. to Monday, Board Room. MAYOR OF THE CITY OF CYPRESS 48