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Minutes 2010-05-24488 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 24, 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 Labor Negotiators, pursuant to Government Code Section 54957.6; Agency Negotiators: John B. Bahorski and Richard Storey; Employee Groups: Executive Management, Mid Management, Non Represented, Cypress 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 7:01 p.m. by Mayor Narain. Mayor Narain introduced "Mayor of the Day" Mary Dagarag from St. Irenaeus School. 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 Recreation Supervisor Shelly Myers Recreation Specialist Shayna Vazquez Administrative Services Manager Andrew Tse City Clerk Denise Basham CITY COUNCIL MINUTES REPORT OF WORKSHOP AGENDA/CLOSED SESSION: No other action was taken in Closed Session, nor was any solicited. 2 MAY 24, 2010 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mary Dagarag, St. Irenaeus "Mayor of the Day." INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Dr. Ben Carpenter, Principal, Cypress High School, provided a presentation on the accomplishments of the school. The Director of Recreation and Community Services spoke regarding the Youth Action Committee. Recreation staff members Shelly Myers and Shayna Vazquez provided information on the Youth Action Committee and introduced Committee Chair Kristen Bang who then introduced the members of the Youth Action Committee. 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 and Richard Storey; Employee Groups: Executive Management, Mid Management, Non- Represented, Cypress Employees' Association. The City Attorney stated that counterproposals will be presented to these groups. The City Attorney introduced Michael Sexton, a first year law student from New York University Law School, who is interning at Aleshire and Wynder. 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. Jenelle Froisland, Southern California Edison, provided the City Council with the 2010 State of the Utility. Mayor Narain stated that Ms. Froisland has coordinated with the other utility companies to meet twice per year in order to react proactively when there is a development in the City and to plan effectively for the future. Council Member Luebben discussed the need for preparation prior to purchasing an electric vehicle. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: CONTINUATION OF A PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2010 -03, A REQUEST TO RE- ESTABLISH A GASOLINE SERVICE STATION USE ON THE PROPERTY LOCATED AT 6001 ORANGE AVENUE IN THE CG COMMERCIAL GENERAL ZONE. Mayor Narain reopened the Public Hearing. The Planning Manager provided background information on this item. The applicant, Ahmad Ghaderi, stated they are in agreement with the conditions of approval for the project. 490 CITY COUNCIL MINUTES Council Member Luebben asked about the closure of the previous service station. Mr. Ghaderi responded that he does not know why the service station was closed, however, he would presume that it was due to financial difficulties. He stated that it took so long to reopen the facility due to having to find a new operator. Council Member Mills asked about the tanks at the location and repair service of vehicles. Mr. Ghaderi stated the tanks are in perfect condition and that vehicles will be secured inside of the service bays when the station is closed. 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. MAY 24, 2010 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. 2010 -03, subject to the conditions attached in Exhibit "A" of the Resolution. 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. 6186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-03 WITH CONDITIONS. Item No. 2: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006 -08, A REQUEST BY WALGREENS FOR THE APPROVAL OF A TYPE 20 OFF -SALE BEER AND WINE LICENSE FOR THE EXISTING WALGREENS DRUG STORE LOCATED AT 6006 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Planning Manager provided background information on this item. Council Member Mills inquired about the Resolution stating that the proposed conditions being consistent with the provisions of the Warland/Cypress Business Center Specific Plan and the Cypress Zoning Code. The Planning Manager responded that it should read the Lincoln Avenue Specific Plan. Jennifer Chavez, representing the applicant, thanked staff for their assistance. She indicated that the sale of alcohol is based upon customer demand and for Walgreens to be more competitive in its market. Mayor Narain asked if other Walgreens are selling alcohol. Ms. Chavez stated that other stores in California are going through the process and the sale of alcohol will be established nationwide. Council Member Luebben asked about the licensing process. Ms. Chavez stated that they would not have to purchase an alcohol license from another retailer. 3 CITY COUNCIL MINUTES 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 Mills and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 2006 -08, 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 RESOLUTION NO. 6187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-08 WITH CONDITIONS. MAY 24, 2010 Item No. 3: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2010 -05, A REQUEST BY WALGREENS FOR THE APPROVAL OF A TYPE 20 OFF SALE BEER AND WINE LICENSE FOR THE EXISTING WALGREENS DRUG STORE LOCATED AT 5005 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. The Planning Manager provided background information on this item. Council Member Seymore asked about the hours of operation for this location. The Planning Manager stated the hours listed are the original operating hours in the Conditional Use Permit. Jennifer Chavez, representing the applicant, stated they would like to keep the flexibility of the original hours. 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. Mayor Pro Tem Bailey asked about the hours of operation for surrounding businesses that sell alcohol. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Bailey, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -05, subject to the conditions attached in Exhibit "A" of the Resolution. 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 4 491 492 CITY COUNCIL MINUTES RESOLUTION NO. 6188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-05 WITH CONDITIONS. MAY 24, 2010 Item No. 4: PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2010 -11 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT. The Assistant City Manager /Director of Finance and Administrative Services provided background information on this item. 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 Seymore and seconded by Council Member Mills, that the City Council, acting as the ex- officio goveming Board of Directors of the Cypress Recreation and Park District, adopt the District Budget as proposed for the fiscal year beginning July 1, 2010. 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. 5: PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2010 -11 THROUGH FISCAL YEAR 2016 -17 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. The Director of Public Works provided background information on this item. Council Member Luebben asked about storm drain capacity and modifications. The Director of Public Works responded that the ability to improve downstream capacity must be done before further upstream can be developed. Mayor Pro Tem Bailey asked for elaboration on budgeted funding related to the projected expenditures for the Capital Improvement Program (CIP). The Public Works Director stated that funds are set aside annually for certain improvements such as irrigation improvements and tree planting. Mayor Pro Tem Bailey asked about the purpose of adopting the CIP. The Public Works Director replied that even though the City Council is being presented with multi -year CIP's, each year the City Council will have an opportunity to make suggested revisions for the upcoming fiscal year. The City Manager reminded the City Council that the seven -year CIP plan has already been altered due to the City's inability to develop on the 13 -acre property. He stated that this plan serves as a guide. Council Member Mills stated that Cypress is in an enviable position in that we can continue projects such as these due to continued, conservative financial policies over the years and he considers it a privilege to serve on a Council such as Cypress'. 5 CITY COUNCIL MINUTES 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, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City's proposed Fiscal Year 2010 -11 through Fiscal Year 2016 -17 Capital Improvement Program (CIP); and 2) Upon closing the public hearing, formally adopt the City of Cypress /Cypress Recreation and Park District Capital Improvement Program for Fiscal Year 2010 -11 through Fiscal Year 2016 -17. 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: 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 Mills, to approve Consent Calendar Items No. 6 through 17. 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 4 9 3 MAY 24, 2010 Item No. 6: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 10. 2010. Recommendation: That the City Council approve the Minutes of the Meeting of May 10, 2010, as submitted. Item No. 7: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 8: SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CHAPTER 20, ARTICLE IV OF THE CYPRESS MUNICIPAL CODE TO UPDATE THE CYPRESS ALARM SYSTEMS ORDINANCE. Recommendation: That the City Council adopt the Ordinance by title only, amending and updating Chapter 20, Article IV, the Alarm Systems Ordinance, of the Cypress Municipal Code. ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING AND UPDATING CHAPTER 20, ARTICLE IV, THE ALARM SYSTEMS ORDINANCE, OF THE CYPRESS MUNICIPAL CODE. 6 E� CITY COUNCIL MINUTES Item No. 9: CERTIFICATE OF SPECIAL RECOGNITION FOR HOLY CROSS LUTHERAN CHURCH IN CYPRESS. Recommendation: That the City Council approve the presentation of a Certificate of Special Recognition to Holy Cross Lutheran Church at the June 14, 2010 City Council meeting. Item No. 10: 2010 -2011 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Recommendation: That the City Council: 1) Determine that the 2010 -2011 Fiscal Year Capital Improvement Program (CIP) is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c); and 2) Receive and file the staff report for the 2010 -2011 Capital Improvement Program (CIP) Consistency Determination. Item No. 11: RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL YEAR 2010 -11 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, establishing the City's Fiscal Year 2010 -11 appropriation limit. RESOLUTION NO. 6189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR THE 2010 -11 FISCAL YEAR. MAY 24, 2010 Item No. 12: ADOPTION OF THE FISCAL YEAR 2010 -11 BUDGET FOR THE CITY OF CYPRESS. Recommendation: That the City Council adopt the Resolution by title only, approving the City's annual budget for the fiscal year beginning July 1, 2010. RESOLUTION NO. 6190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2010 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. Item No. 13: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, regarding the adoption of the Annual Statement of Investment Policy. RESOLUTION NO. 6191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 14: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of April, 2010. CITY COUNCIL MINUTES 495 MAY 24, 2010 Item No. 15: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2009 -10 FOR WARRANTS NO. 13235 THROUGH 13404. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2009 -10. Recreation and Park District Matters: Item No. 16: APPROVAL OF SENIOR CITIZENS NUTRITION PROGRAM AMENDMENT NO. 14 TO AGREEMENT NO. C -8 -0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR ONE YEAR, JULY 1, 2010 THROUGH JUNE 30, 2011. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, approve Amendment No. 14 to Agreement No. C -8 -0189 with the Orange County Transportation Authority extending the term of the Agreement for one year, July 1, 2010 to June 30, 2011, at a cost not to exceed $3,848.00. Item No. 17: RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S FISCAL YEAR 2010 -11 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District's Fiscal Year 2010 -11 appropriation limit. RESOLUTION NO. 6192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX- OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2010 -11. FISCAL YEAR. NEW BUSINESS: No items. END OF CONSENT CALENDAR 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. It was moved by Agency Board Member Seymore and seconded by Agency Chair Narain, to approve Consent Calendar Item No. 18. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Luebben, Mills, Seymore, Bailey and Narain NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None 8 496 CITY COUNCIL MINUTES Consent Calendar: MAY 24, 2010 Item No. 18: ADOPTION OF THE FISCAL YEAR 2010 -11 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the Cypress Redevelopment Agency Board adopt the Agency's annual budget as proposed for the fiscal year beginning July 1, 2010. END OF CONSENT CALENDAR 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 Mills: Spoke regarding Memorial Day activities at Forest Lawn in Cypress. Congratulated the City of Seal Beach for winning the 2010 Best Restored Beach Award. Spoke regarding two Cypress students who have received appointments to West Point Academy. Attended the O.C. League of California Cities General meeting. Attended a Legislative Committee meeting at the Seal Beach Naval Weapons Station. Attended the Cypress Police Officers Association Awards Banquet. Council Member Sevmore: Attended the O.C. League of California Cities General meeting. Attended the John F. Kennedy High School scholarship foundation fundraiser. Attended a patriots event at Knott Avenue Christian Church. Attended a West -Comm Board meeting. Attended the Cypress Recreation and Community Services Commission Volunteer Awards Ceremony. Attended the Cypress Police Officers Association Awards Banquet. Mayor Narain: Attended an O.C. League of California Cities General meeting. Attended the Cypress Police Officers Association Awards Banquet. Mayor Pro Tem Bailey: Attended a Mayors meeting regarding the Joint Forces Training Base. Attended an O.C. Vector Control District meeting. Volunteered at the Arnold /Cypress Park roller hockey rink as part of an Eagle Scout project. Council Member Luebben: Attended a Pacific Electric Corridor Right -of -Way study meeting. Chaired an O.C. Sanitation District Administration Committee meeting. Chaired an O.C. Sanitation District Audit Committee meeting. Council Member Luebben asked for additional information regarding the City's annual contract for animal control services. The Administrative Services Manager provided information on the allocation of costs to cities for services provided by the County of Orange. Council Member Luebben spoke regarding the 30 anniversary of the Cypress Community Festival. 9 D CITY COUNCIL MINUTES ITEMS FROM CITY MANAGER: The City Manager stated that discussion at the Mayors meeting included receipt of a letter of support from the City of Huntington Beach regarding funding for the Joint Forces Training Base runway. ADJOURNMENT: Mayor Narain adjourned the meeting at 8:51 p.m. to Monday, June 14, 2010, beginning at 5:30 p.m. in the Executive Boa Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 10 MAY 24, 2010 MAYOR OF THE CITY OF CYPRESS 497