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Minutes 2010-04-26@7A MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 26, 2010 A regular meeting of the Cypress City Council was called to order at 6:30 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 Assistant City Manager /Director of Finance and Administrative Services Richard Storey ORAL COMMUNICATIONS: None. CLOSED SESSION: The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Liability Claims, pursuant to Government Code Section 54956.9(b)(1) (3)(C); Claimant: Hugo Delgado; Agency Claimed Against: City of Cypress. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 59457.6; Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Maintenance Employees' Association. At 6:31 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 7:03 p.m. by Mayor Narain. 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 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 Planning Manager Doug Hawkins Assistant Planner Judy Aquino Administrative Services Manager Andrew Tse City Clerk Denise Basham CITY COUNCIL MINUTES APRIL 26, 2010 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Steve Lemler, 2 -1 -1 Orange County, made a presentation to the City Council regarding the health and social service program. 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 Liability Claims, pursuant to Government Code Section 54956.9(b)(1) (3)(C); Claimant: Hugo Delgado; Agency Claimed Against: City of Cypress. The City Attorney stated that the City Council was briefed regarding a settlement demand that was received. The City Council considered the settlement demand and authorized the City's third party administrator to make a counteroffer to the demand. That counteroffer was approved by a 4 -1 vote with Council Member Luebben voting no. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 59457.6; Agency Negotiators: John B. Bahorski, Richard Storey; Employee Groups: Cypress Maintenance Employees' Association. The City Attorney stated that staff briefed the City Council on a proposal received from the CMEA. The City Council unanimously empowered its negotiators to continue negotiations with the CMEA within the bounds that the City Council has set. 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 Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. None. 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 CONDITIONAL USE PERMIT NO. 2010 -02, A REQUEST TO ESTABLISH A SIT -DOWN RESTAURANT WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 6916 KATELLA AVENUE IN THE PC -4 PLANNED COMMUNITY BUSINESS PARK ZONE. The Assistant Planner provided background information on this item. Council Member Seymore asked about the requirements for the on -site grease interceptor. The Public Works Director responded that the grease interceptor is required by City Ordinance. Council Members Mills stated for the record that he drove by both public hearing properties. The applicant, Frank Le, stated that he is the business owner and is available to answer questions, and that they agree to the conditions of approval. 2 475 476 CITY COUNCIL MINUTES Council Member Luebben asked if the business is a franchise. Mr. Le stated that it is a franchise and listed the cities where the restaurants are located. The public hearing was opened. 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. Council Member Mills asked about the hours of operation and suggested that they be put in the conditions of approval. Council Member Luebben asked if the hours are satisfactory for the applicant. Mr. Le stated that all of the locations are open the same hours. The motion was unanimously carried by the following roll call vote: RESOLUTION NO. 6185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-02 WITH CONDITIONS. The Planning Manager provided background information on this item. Mayor Narain asked for clarification on the location requirement. Mayor Narain asked about the restriction of outdoor pay phone facilities. 3 APRIL 26, 2010 It was moved by Council Member Seymore and seconded by Council Member Mills, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -02, subject to the conditions attached in Exhibit "A" of the Resolution, as amended. AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2010 -01, CONSIDERATION OF AMENDMENTS TO THE CYPRESS CITY CODE AND ZONING ORDINANCE REGARDING FINANCIAL SERVICE ESTABLISHMENTS. The Planning Manager replied that the business may not be located within 1,000 feet from the nearest business offering the same type of service in order to prevent proliferation and concentration within a given location. The City Attorney stated that there is a strong public policy that allows for the regulation of distance between these kinds of businesses so that there is not an adverse secondary impact that overconcentration can have in a community. He commented that these types of businesses have a disproportionately high number of calls for police services and tend to be facilities with a lot of cash on hand that attracts secondary impacts. The Planning Manager responded that currently there are no pay phones located with 100 feet of the business, however, the provision is required and recommended for the prevention of possible secondary impacts. CITY COUNCIL MINUTES APRIL 26, 2010 Council Member Luebben asked for clarification regarding the letter from Cheyanne Cook, Community Financial Services Association, related to her comment that the four existing businesses will be grandfathered in. He inquired as to whether that applies strictly to the distance requirements and if her business is subject to the new Ordinance, should it pass, and compliance within one year. The Planning Manager responded in the affirmative, stating that Ms. Cook is aware of the compliance requirements. Council Member Seymore asked about the existing businesses' security compliance. The Planning Manager stated that the businesses will be required to submit a security plan for staff review. Mayor Pro Tem Bailey asked for clarification regarding financial planning services or advice. He suggested amending Section 15H -1 of the Ordinance to include such. The City Attorney stated that the second full sentence of Section 15H -1 of the Ordinance could be amended to include any state or federally regulated financial services institution. Council Member Luebben asked if there is a federal or state regulation that would exempt new businesses from this Ordinance, with consideration to the amendment to Section 15H -1. The City Manager suggested that more specific verbiage such as financial advisors, brokerage dealers, and investment firms be incorporated. The Director of Community Development asked if it would suffice to add the words financial brokerages or financial planners in the definition. Following discussion, it was agreed that the second full sentence of Section 15H -1 of the Ordinance be amended to include financial planners or advisors. The public hearing was opened. 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 introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2010 -01, 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING A NEW SECTION 15H TO THE CYPRESS CITY CODE, AMENDING TABLE 2 -6 OF SECTION 6, ARTICLE 2 OF APPENDIX I ZONING, ADDING A NEW SECTION 3.17.216 TO APPENDIX I ZONING, AND ADDING A NEW DEFINITION FOR FINANCIAL SERVICES AND AMENDING THE EXISTING DEFINITION FOR BANKS AND FINANCIAL SERVICES IN APPENDIX I ZONING. 4 477 478 CITY COUNCIL MINUTES CONSENT CALENDAR: APRIL 26, 2010 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 Council Member Luebben, to approve Consent Calendar Items No. 3 through 10. 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 Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 12. 2010. Recommendation: That the City Council approve the Minutes of the Meeting of April 12, 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: PROCLAIMING THE WEEK OF MAY 9 -15, 2010 AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 9 -15, 2010 as "National Police Week" in the City of Cypress. Item No. 6: PROCLAIMING THE WEEK OF MAY 2 -8, 2010 AS "MUNICIPAL CLERKS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 2 -8, 2010 as "Municipal Clerks Week" in the City of Cypress. Item No. 7: ISSUANCE OF CITY COUNCIL COMMENDATIONS POLICY REVISIONS. Recommendation: That the City Council consider the proposed revisions to the Issuance of City Council Commendations Policy and provide direction to staff. Item No. 8: RETIREMENT OF POLICE SERVICE DOGS ZORRO AND GREG, AND PURCHASE OF REPLACEMENT POLICE SERVICE DOGS. Recommendation: That the City Council: 1) Authorize the retirements of Police Service Dogs (PSD) Zorro and Greg; and 2) Transfer ownership of PSD Zorro, and release all liability to his current handler, Sergeant Brian Healy, for the sum of one (1) U.S. dollar; and 3) Transfer ownership of PSD Greg, and release all liability to his current handler, Officer James Kyle, for the sum of one (1) U.S. dollar; and 4) Authorize the replacement of both PSD Zorro and PSD Greg with two (2), new police service dogs from Adlerhorst International; and 5) Appropriate fourteen thousand seven hundred dollars ($14,700) for the purchase of one (1) police service dog and basic handler training course from the Asset Forfeiture Fund 281 50179.4165 (Canine Operations) during FY 2009 -2010; and 6) Approve the purchase of a second police service dog and basic handler training course from the proposed FY 2010 -2011 budget in the sum of fourteen thousand seven hundred dollars ($14,700). Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of March, 2010. 5 CITY COUNCIL MINUTES APRIL 26, 2010 Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 12929 THROUGH 13048. 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. 11: STEERING COMMITTEE FOR THE PACIFIC ELECTRIC RIGHT -OF- WAY/WEST SANTA ANA BRANCH CORRIDOR ALTERNATIVES ANALYSIS. The Director of Public Works provided background information on this item. Mayor Narain inquired as to why this project has been studied for so many years. Mayor Pro Tem Bailey asked about the meeting schedule. Phillip Lau, Southern California Association of Governments, stated that the steering committee would meet six times over the next two years with four meetings likely this year and two next year. He stated that there would be one public meeting prior to the steering committee meeting and one public meeting at the conclusion, for a total of eight meetings, along with three rounds of public meetings throughout the study, with the meeting location not yet determined. Mayor Narain appointed Council Member Luebben to serve as the representative on the steering committee and Council Member Seymore to serve as the alternate. 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: Chaired the O.C. Sanitation District Finance and Administration Committee meeting. Attended the Arbor Day event at Maple Grove North Park. Chaired the Southern California Association of Governments Audit Committee meeting. Mayor Pro Tem Bailey: Thanked the City Council for adjourning the last meeting in his mother's memory and thanked the community for their thoughts and condolences. Participated in BRACE visits with Mayor Narain to Fuji Film and the Los Alamitos Race Track. Attended a Mayors meeting regarding the Joint Forces Training Base. Stated that the annual Grad Nite fundraiser for Cypress High School will be held on Friday at 6:00 p.m. at the Cypress Community Center. 6 479 480 CITY COUNCIL MINUTES Council Member Mills: Attended the Cypress Chamber of Commerce networking breakfast. Attended a Legislative Committee meeting. Attended the Arbor Day event at Maple Grove North Park. Attended an O.C. Council of Governments Board of Directors meeting. Attended the Cypress Chamber of Commerce mixer. Council Member Sevmore: Attended the California Public Radio Association police dispatch banquet. Attended the Volunteer Recognition Dinner at the Cypress Senior Citizen Center. Attended the Arbor Day event at Maple Grove North Park. Attended an O.C. Fire Authority Capital Improvement Projects Ad Hoc Committee meeting. Attended an O.C. Fire Authority Board meeting. Stated that the Cypress Police Department will be holding its annual Tip -A -Cop fundraising event at Chili's Restaurant on Wednesday. Mayor Narain: Participated in BRACE visits to Fuji Film and the Los Alamitos Race Track. Attended the Volunteer Recognition Dinner at the Cypress Senior Citizens Center. Attended the Arbor Day event at Maple Grove North Park. Attended the Cypress Celebrates the Arts event at the Cypress Community Center. ITEMS FROM CITY MANAGER: APRIL 26, 2010 The City Manager stated that a Mayors meeting regarding the Joint Forces Training Base was held and they are working aggressively on gaining additional support for funding of the runway. ADJOURNMENT: Mayor Narain adjourned the meeting at 8:11 p.m. to Monday, May 10, 2010, beginning at 5:30 p.m. in the Executive Board qom. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MAYOR OF THE CITY OF CYPRESS