Minutes 2010-10-11ORAL COMMUNICATIONS:
None.
7:00 P.M. SESSION:
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 11, 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
Council /Agency Board Member Phil Luebben
CounciVAgency Board Member Leroy Mills
CounciVAgency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
Assistant City Attorney Lindsay Tabaian
The Assistant 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 6:32 p.m., the Mayor recessed the meeting.
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
CounciVAgency Board Member Phil Luebben
CounciVAgency Board Member Leroy Mills
CounciVAgency Board Member Todd Seymore
Staff present:
City Manager John Bahorski
Assistant City Attorney Lindsay Tabaian
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
Police Captain Jackie Gomez Whiteley
Assistant City Engineer Kamran Dadbeh
Recreation Superintendent Dena Diggins
Associate Planner Kori Nevarez
Public Works Superintendent Bobby Blackburn
Building Official Bob Decker
Recreation Supervisor Jeff Draper
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Narain.
INVOCATION: The invocation was given by Mayor Narain.
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CITY COUNCIL MINUTES
PRESENTATIONS:
The Chief of Police introduced new Cypress Police Service Dog Sem.
Mayor Narain presented a proclamation to Battalion Chief Devin Leonard, Orange
County Fire Authority, proclaiming the week of October 3 9, 2010 as "Fire Prevention
Week" in the City of Cypress.
Jennifer Gonzalez, Southern California Gas Company, made a presentation to the City
Council on pipeline safety.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor asked for the report of the Closed Session Agenda items discussed earlier
in the evening.
The Assistant 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. She stated
that a confidential briefing was provided to the City Council on the current status of this
litigation. No reportable action was taken.
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.
The following individuals spoke regarding the Cypress Pops Orchestra:
Richard Chasen
Paula English, Cypress
Brendan McBrien
Rich Ramsey, Rossmoor
Jo Anne West, Artesia
OCTOBER 11, 2010 0 6 7
Seana Riggins and Angie Santo invited the public to the Making Home Affordable
Program on October 27, 2010 at the Cypress Library.
George O'Hara, Cypress Chamber of Commerce, provided information on upcoming
activities and events.
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 A REVIEW OF CONDITIONAL USE
PERMIT NO. 2001 -20, A CITY INITIATED REVIEW REGARDING NON COMPLIANCE
WITH CONDITION OF APPROVAL NO. 53 REQUIRING REMOVAL OF A PRE-
EXISTING ONSITE BILLBOARD SIGN LOCATED AT 4992 LINCOLN AVENUE IN
THE PC PLANNED COMMUNITY ZONE.
The Associate Planner provided background information on this item.
Council Member Luebben asked for clarification from staff regarding the issues related
to the failure to comply.
The Associate Planner responded that this item is only in reference to the Conditional
Use Permit and that any other actions would need to be consulted with the City
Attorney.
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CITY COUNCIL MINUTES
OCTOBER 11, 2010 068
Mayor Pro Tem Bailey asked for clarification on who the owner is and who the applicant
is.
The Associate Planner replied that the applicant is James Caiopoulos and the property
owner is Dianne Seville.
The applicant, James Caiopoulos, President, Galaxy Oil, stated that there is a current
lawsuit scheduled to go to trial and that they do not concur with the representations. He
stated that Water Communications was fully authorized to act in every respect with
regard to the Conditional Use Permit and they are fully committed to the removal of the
billboard. He stated that they have no intent to keep the billboard and that all parties
knew that the billboard was to be removed. Mr. Caiopoulos commented that he wants
the opportunity to remove the billboard.
Mayor Pro Tem Bailey inquired as to why the billboard has not already been removed.
Mr. Caiopoulos stated they have notified Clear Channel Communications that the
billboard agreement has ended.
Council Member Seymore asked who the owner of the billboard is.
Mr. Caiopoulos replied that Clear Channel Communications owns the billboard.
The public hearing was opened.
Mr. John Tiedt, representing property owner Dianne Seville, spoke regarding the
representation presented by Mr. Caiopoulos which he states is false. He stated that he
supports the City and the efforts to remove the sign, and that the owners rely on the
billboard sign for income.
Mayor Pro Tem Bailey asked if the owners would pay to remove the sign.
Council Member Luebben commented on the current lease allowing the applicant an
additional two years to comply.
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: 1) Receive and file the report; and 2) Direct staff and
the City Attorney to give notice to the applicant and the property owners of the City's
intention to initiate revocation proceedings (as required by law) for Conditional Use
Permit No. 2001 -20.
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
Council Member Luebben discussed possible communication with the State Bar
regarding Mr. Caiopoulos.
The Assistant City Attorney stated that the City has every right to report Mr. Caiopoulos'
actions.
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CITY COUNCIL MINUTES
OCTOBER 11, 2010
Item No. 2: A PUBLIC HEARING AND SECOND READING OF ORDINANCES
REGARDING ADOPTION OF THE LATEST 2010 CALIFORNIA MODEL BUILDING,
ELECTRICAL, PLUMBING, AND FIRE CODES WITH AMENDMENTS FOR THE CITY
OF CYPRESS
The Building Official 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
Luebben, that the City Council conduct the public hearing, take public testimony, and
adopt the four (4) Ordinances by title only, adopting the current model Building, Fire,
Electrical, and Plumbing Codes with amendments for the City of Cypress.
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. 1120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING SECTIONS 5 -1 AND 5 -2 OF CHAPTER 5 OF THE
CYPRESS MUNICIPAL CODE, THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 2010
EDITION OF THE CALIFORNIA BUILDING CODE, THE 2010 EDITION OF
THE CALIFORNIA RESIDENTIAL CODE, THE 2010 EDITION OF THE
CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2010 EDITION
OF THE CALIFORNIA MECHANICAL CODE, THE 1997 EDITION OF THE
UNIFORM HOUSING CODE, THE 1997 EDITION OF THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, THE 2006 EDITION
OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AND
REPEALING ORDINANCE NO. 1093.
ORDINANCE NO. 1121
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING CHAPTER 8 OF THE CYPRESS CITY CODE AND THEREBY
ADOPTING BY REFERENCE THE CALIFORNIA ELECTRICAL CODE,
2010 EDITION, WITH CERTAIN AMENDMENTS AND REPEALING
ORDINANCE NO. 1094.
ORDINANCE NO. 1122
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING CHAPTER 19 OF THE CYPRESS CITY CODE AND THEREBY
ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN
AMENDMENTS THERETO: THE 2010 EDITION OF THE CALIFORNIA PLUMBING
CODE, THE 1997 EDITION OF THE UNIFORM SWIMMING POOL, SPA, AND
HOT TUB CODE, THE 1997 EDITION OF THE UNIFORM SOLAR ENERGY
CODE, AND THE UNIFORM PLUMBING CODE MATERIAL AND INSTALLATION
STANDARDS AND REPEALING ORDINANCE NO. 1095.
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CITY COUNCIL MINUTES
ORDINANCE NO. 1123
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AMENDING SECTIONS 5 -3 OF CHAPTER 5 OF THE CYPRESS MUNICIPAL
CODE, AND THEREBY ADOPTING BY REFERENCE THE FOLLOWING
CODE WITH CERTAIN AMENDMENTS THERETO: THE 2010 EDITION
OF THE CALIFORNIA FIRE CODE AND REPLACING
ORDINANCE NO. 1096.
CONSENT CALENDAR:
The motion was unanimously carried by the following roll call vote:
OCTOBER 11, 2010 070
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.
Mayor Pro Tem Bailey requested Agenda Item No. 7 be pulled from the Consent
Calendar.
It was moved by Council Member Luebben and seconded by Council Member
Seymore, to approve Consent Calendar Items No. 3 through 6 and 8 through 13.
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
SEPTEMBER 27, 2010.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 27, 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 OCTOBER 3-9, 2010 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of October 3-9,
2010, as "Fire Prevention Week" in the City of Cypress.
Item No. 6: PROCLAIMING THE WEEK OF OCTOBER 23-31, 2010 AS "RED
RIBBON WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of October 23-31,
2010 as "Red Ribbon Week" in the City of Cypress.
Item No. 8: ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF
INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION
AND PARK DISTRICT.
Recommendation: That the City Council, and acting as the ex- officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title
only, adopting Conflict of Interest Codes for the City of Cypress and the Cypress
Recreation and Park District, which will supersede all prior Conflict of Interest Codes
and amendments previously adopted.
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CITY COUNCIL MINUTES
RESOLUTION NO. 6223
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES
ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS
PREVIOUSLY ADOPTED.
RESOLUTION NO. 6224
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, ADOPTING A CONFLICT OF INTEREST CODE
WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES
AND AMENDMENTS PREVIOUSLY ADOPTED.
RESOLUTION NO. 6225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010-05
WITH CONDITIONS.
Item No. 10: AWARD OF CONTRACT FOR CITYWIDE JANITORIAL SERVICES.
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OCTOBER 11, 2010 071
Item No. 9: DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -05, A REQUEST TO
MODIFY THE EXISTING SPRINT /NEXTEL TELECOMMUNICATIONS FACILITY
LOCATED AT 5865 KATELLA AVENUE IN THE PC -3 PLANNED COMMUNITY
BUSINESS PARK ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2010 -05, subject to the conditions in Exhibit "A"
of the Resolution.
Recommendation: That the City Council: 1) Award a two -year service contract starting
on November 1, 2010, and continuing to October 31, 2012, for Citywide Janitorial
Services to United Maintenance Systems with an option for up to two, one year
extensions, and authorize the City Manager to execute the contract on behalf of the
City, and direct the Director of Public Works/City Engineer to act as Contract Officer;
and 2) Approve the increase in appropriations in the Building Maintenance Civic Center
Program of the City's Central Services Fund by $3,360 to Account No. 711- 70624-
7624.4187_015 (Building Maintenance Civic Center Contract Service Private
Custodial Services) for the contract cleaning of the Civic Center outdoor restrooms; and
3) Approve the increase in estimated revenues to the City's General Fund by $53,334
to Account No. 111- 99999.3801 (Park District Administrative Fee); and 4) Approve the
following increases in appropriations for Contract Cleaning and Wood Floor Re-
Screening in the City's General Fund: Building Maintenance Private Custodial Services
for Community Center (Account No. 111-70228-7232.4187_015) by $16,048; Building
Maintenance Private Custodial Services for Senior Center (Account No. 111- 70228-
7231.4187_015) by $12,680; Building Maintenance Private Custodial Services for Park
Buildings (Account No. 111-70228-7230.4187_015) by $15,606; Building Maintenance
Private Other Contract Maintenance Services Community Center (Account No. 111-
70228- 7232.4187_016) by $9,000.
Item No. 11: ACCEPTANCE OF 2008 EMERGENCY MANAGEMENT
PERFORMANCE GRANT FUNDS AND APPROVAL TO SPEND SAID FUNDS.
Recommendation: That the City Council: 1) Accept the 2008 Emergency Management
Performance Grant check in the amount of $5,000 from the County of Orange; and 2)
Approve an increase to estimated revenues in the General Fund Grants Fund to
Account No. 114- 50183.3525 (grants miscellaneous), in the amount of $5,000 for the
2008 Emergency Management Performance Grant; and 3) Approve the appropriation of
$5,000 for the 2008 Emergency Management Performance Grant to Small Tools and
Equipment Account No. 114-50183.4113, for the purchase of various emergency
services equipment items.
CITY COUNCIL MINUTES
Account 111- 10105.4189_004 (Legal Services) $39,000
Account 111-10105.4189_005 (Litigation Services) $256,000
Account 111-60193.4001 (Regular Salaries) $43,000
Account 111-60193.4006 (Fringe Applied) $29,000
Account 251 70223.4200 (Electricity) $51,000
Account 271 70239.4202 (Water) $2,400
Account 301 50181.4001 (Regular Salaries)
Account 301 50181.4006 (Fringe Applied)
$13,100
$11,100
OCTOBER 11, 2010
Item No. 12: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2009 -10.
Recommendation: That the City Council approve additional appropriations for Fiscal
Year 2009 -10 as follows:
Additional Appropriations from the unreserved, undesignated fund balance of the
General Fund to:
Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to:
Additional Appropriation from the fund balance of the Corporate Center Maintenance
District #1 Fund to:
Additional Appropriations from the fund balance of the Supplemental Law Enforcement
Services Fund to:
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15029 THROUGH
15170.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2010 -11.
Regarding Item No. 7: PROCLAIMING OCTOBER 24, 2010 AS "WORLD POLIO
DAY" IN THE CITY OF CYPRESS, Mayor Pro Tem Bailey stated that the Rotary Club
of Cypress had asked the City Council to proclaim World Polio Day in the City of
Cypress and read the proclamation.
Council Member Luebben asked about the current cases of polio and concern by
parents that the immunization causes autism.
Penny Dash, President, Rotary Club of Cypress, spoke of polio cases worldwide and
medical proof that the polio immunization does not cause autism.
It was moved by Mayor Pro Tem Bailey and seconded by Council Member Luebben,
that the City Council officially proclaim October 24, 2010 as "World Polio Day" in the
City of Cypress.
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
The City Council presented the proclamation to Cypress Rotary Club President Penny
Dash.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
NEW BUSINESS (14):
OCTOBER 11, 2010 073
Item No. 14: REQUEST FOR FEE WAIVER A REQUEST TO WAIVE THE
TEMPORARY USE PERMIT APPLICATION FEE FOR THE CALDWELL DENTAL
CARE EVENT LOCATED AT 5400 ORANGE AVENUE IN THE OP OFFICE
PROFESSIONAL ZONE.
It was moved by Council Member Luebben and seconded by Council Member
Seymore, that the City Council approve the request to waive the Temporary Use Permit
Application Fee for the Caldwell Dental Care event located at 5400 Orange Avenue in
the OP Office Professional Zone.
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
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 Board
Member Luebben, to approve Consent Calendar Item No. 15.
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
Consent Calendar:
Item No. 15: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2009 -10.
Recommendation: That the Cypress Redevelopment Agency Board approve additional
appropriations for Fiscal Year 2009 -10 as follows:
Additional Appropriation from the fund balance of the Civic Center Debt Service Fund
to:
Account 552 96363.4226 (Property Tax Collection) $2,875
Additional Appropriation from the fund balance of the Lincoln Avenue Debt Service Fund
to:
Account 553 96364.4226 (Property Tax Collection) $4,815
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.
8
CITY COUNCIL MINUTES
Council Member Luebben:
Hosted an O.C. Sanitation District Audit Committee meeting. Met with the City's
Southern California Edison representative to discuss electric vehicles.
Mayor Pro Tem Bailey:
Met with the City's Southern California Edison representative to discuss electric
vehicles. Attended the Boys and Girls Club of Cypress' annual fundraiser. Discussed
recent residency requirement changes for board members for non- profit organizations.
Mayor Narain:
Asked for a report to the City Council from the City's Southern California Edison
representative regarding power outages in the City and electric vehicles. Presented a
certificate to the Vessels family at the Los Alamitos Race Track. Met with Warland
regarding their future business plan. Attended the Warland mixer. Attended a Senior
Center Advisory Council meeting. Attended the Boys and Girls Club of Cypress' annual
fundraiser.
Council Member Sevmore:
Met with O.C. Fire Authority Chief Richter and staff regarding the O.C. Fire Authority
budget. Attended an O.C. Fire Authority Special Board meeting.
Council Member Mills:
Attended a Regional Military Affairs Committee meeting. Participated in a SCAG New
Member Orientation. Attended a SCAG Strategic Planning meeting. Attended the
Lincoln Avenue Sewer Project meeting. Attended the Vessels Elementary School
grand re- opening. Attended the Warland mixer. Attended a League Advocacy
Committee meeting. Attended a showing of The Wiz at the Cypress College Theater.
ITEMS FROM CITY MANAGER:
No items.
ATTEST:
TM
1�AULL
CITY CLERK OF THE CITY OF CYPRESS
9
OCTOBER 11, 2010 074
ADJOURNMENT: Mayor Narain adjourned the meeting at 8:39 p.m. to Monday,
October 25, 2010, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS