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Minutes 2010-07-26MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 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 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), Blythe v. North Orange County Community College District, et al.; Case Number 30- 2008 00103466, Orange County Superior Court. 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), Quinonez v. City of Cypress; Case Number 30 -2009- 00122421, Orange County Superior Court. 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 7:02 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 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 Planning Manager Doug Hawkins Administrative Services Manager Andrew Tse Deputy City Clerk Rhonda Barone City Clerk Denise Basham 025 CITY COUNCIL MINUTES JULY 26, 2010 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Mills. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Narain presented Cypress School District Trustee Donna McDougall with a Certificate of Special Recognition upon her retirement. Ms. McDougall introduced newly appointed Cypress School District Trustee Brian Nakamura. 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), Blythe v. North Orange County Community College District, et al.; Case Number 30 -2008- 00103466, Orange County Superior Court. The City Attorney stated that that a privileged and confidential briefing was provided and that on July 27, 2010, the City will be participating in a continued mandatory settlement conference. He stated that the City Council reviewed and unanimously renewed authorization for a settlement negotiating strategy which will be implemented on July 27, 2010. 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), Quinonez v. City of Cypress; Case Number 30- 2009 00122421, Orange County Superior Court. The City Attorney stated that the City recently participated in a mandatory court ordered settlement conference, which did not result in a settlement of the case. He stated that earlier this afternoon, the City received a significantly reduced settlement demand from the plaintiff which was reviewed with the City Council. He stated that a settlement strategy was suggested to the City Council and negotiating approval was sought. He stated that the settlement strategy and negotiating authority recommendation was approved by the City Council with a dissenting vote by Council Member Luebben. 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. Roberta O'Toole, Cypress Community Festival Association, provided a brief report on the Community Festival and thanked the City Council for their participation. Chris Schaefer, Alzheimer's Association of Orange County, invited the City Council to participate in two upcoming Memory Walks and provided information on Alzheimer's Disease. Ram Kakkar, Cerritos, spoke regarding invocations at the City Council meetings. Gabriela Abenilla, Miss Teen California USA pageant contestant, introduced herself and spoke regarding her participation with Autism Speaks. George O'Hara, Cypress Chamber of Commerce, spoke regarding the Cypress Community Festival and upcoming events and activities. Laura Herzog, Los Alamitos Joint Forces Training Base, spoke regarding the ARMAC meeting on July 27, 2010. 2 026 JULY 26, 2010 027 PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). CITY COUNCIL MINUTES Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2010 -06, A REQUEST TO ESTABLISH A SUSHI RESTAURANT WITH ON -SALE BEER AND WINE WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 5373 KATELLA AVENUE, UNIT "A IN THE PBP PLANNED BUSINESS PARK ZONE. The Planning Manager provided background information on this item. Craig Jones, Jones Development, stated that he was representing the applicant who agreed to all of the conditions. 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 Seymore asked for clarification about the census track and over concentration for the alcohol licensing. The Planning Manager responded that there is a low residential population in the census track and it is not uncommon to have an over concentration of alcohol licensing. 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 -06, 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, Bailey and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-06 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. It was moved by Council Member Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 through 7. 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. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 12, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of July 12, 2010, as submitted. 3 CITY COUNCIL MINUTES 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: DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -03. A REQUEST TO INSTALL A STEALTH ROOF -TOP ANTENNA FACILITY ON AN EXISTING OFFICE BUILDING LOCATED AT 6101 BALL ROAD IN THE CG- 10,000 COMMERCIAL GENERAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2010 -03, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 6211 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010-03 WITH CONDITIONS. RESOLUTION NO. 6212 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 2010 -2011 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. JULY 26, 2010 Item No. 5: SPECIAL TAX LEVY FOR FY 2010 -11 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 2010 -11 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE. 2010. Recommendation: That the City Council receive and file the Investment Report for the month of June, 2010. Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2009 -10 AND 2010 -11 FOR WARRANTS NO. 14035 THROUGH 14182. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2009 -10 and 2010 -11. NEW BUSINESS: No items. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. END OF CONSENT CALENDAR RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 4 028 Mayor Pro Tem Bailey: Council Member Mills: JULY 26, 2010 029 CITY COUNCIL MINUTES 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 an O.C. Sanitation District Administration Committee meeting. Attended Cypress youth basketball games. Confirmed nomination papers pulled and filed for the November 2, 2010 General Municipal Election. Spoke regarding a Closed Session item and action taken by the City Council. Attended the Cypress Community Festival Mayor's Breakfast. Attended the Cypress Chamber of Commerce mixer at Cypress College. Attended the Cypress Community Festival. Spoke regarding the federal immigration laws resolutions. Attended a Legislative Committee meeting. Attended the Cypress Community Festival Mayor's Breakfast. Attended the Cypress Chamber of Commerce mixer at Cypress College. Attended the Cypress Community Festival. Council Member Sevmore: Met with Janelle Froisland from Southern California Edison. Attended The Answer Concert on the Green. Attended the Cypress Community Festival Mayor's Breakfast. Attended a Pacific Electric right -of -way meeting. Attended the California Joint Powers Insurance Authority Board meeting. Attended an O.C. Fire Authority Board meeting. Attended the Cypress Community Festival and congratulated all of the organizers and participants on the success of the event. Council Member Mills stated that the right -of -way item has not been agendized and that he has reservations about speaking collectively for the entire City Council being for or against the matter. He stated that there has been a study on this matter and it is a long -term project. Mayor Narain: Participated in a BRACE visit to Kaeser Compressors. Spoke regarding the focus of the City Council and the goals of the City. Attended the Cypress Community Festival Mayor's Breakfast. Attended a Mayors meeting in Garden Grove. Attended the Cypress Community Festival. ITEMS FROM CITY MANAGER: The City Manager stated the Mayors group continues to work on support for funding of the runway at the Joint Forces Training Base. He informed of discussion held regarding coyotes in Los Alamitos and Rossmoor. He stated that assistance is needed from the community and asked the Chief of Police to elaborate. The Chief of Police discussed a highly unusual spike in residential burglaries in the City and home safety measures, informing that informational bulletins will be delivered to residents who live in the areas of concern. 5 CITY COUNCIL MINUTES JULY 26, 2010 030 ADJOURNMENT: Mayor Narain adjourned the meeting in memory of Army Sgt. Daniel Lim at 7:56 p.m. to Monday, August 9, 2010, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 6 L AA MAYOR OF THCITY OF CYPRESS