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Minutes 2010-11-08A 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 Members absent: CounciVAgency Board Member Todd Seymore Staff present: City Manager John Bahorski City Attorney William Wynder ORAL COMMUNICATIONS: None. WORKSHOP SESSION: MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 8, 2010 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 Liability Claims, pursuant to Government Code Section 54956.9(d); Claimant(s): Faith Pulsifer, Austin Pulsifer, Anne Michelle Pulsifer and Steven Pulsifer, Agency Claimed Against: City of Cypress. At 6:32 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. 082 Members present: Mayor /Agency Chair Prakash Narain Mayor Pro Tem/Agency Vice Chair Doug Bailey CounciVAgency Board Member PhD Luebben CounciVAgency Board Member Leroy Mills Members absent: 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 Redevelopment Project Manager Steve Clarke Associate Planner Kori Nevarez Administrative Services Manager Andrew Tse City Clerk Denise Basham CITY COUNCIL MINUTES NOVEMBER 8, 2010 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cub Scout Pack 660. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Chief of Police introduced new Cypress Police Officer Deanna Alvis. Jenelle Froisland, Southern California Edison, made a presentation to the City Council. 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. He stated that arrangements have been made for a further voluntary settlement conference between the parties and discussion included the designation of two City Council Members to represent the City Council in that negotiating session. He stated that the City Council unanimously designated two City Council Members. 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(d); Claimant(s): Faith Pulsifer, Austin Pulsifer, Anne Michelle Pulsifer and Steven Pulsifer, Agency Claimed Against: City of Cypress. He stated that the internal investigation being conducted by the City's third party administrator was discussed and that the City Council was briefed on facts and circumstances which could give rise to litigation in one case but which has not at present. 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. George O'Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. The following spoke regarding pit bulls in the City: Kerry Bettis, Cypress Elizabeth Childers, Cypress Sue Douglas, Cypress John MacDonald, Cypress Samuel! Class, Cypress Mayor Narain asked staff for a presentation at a future meeting regarding this issue. 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 -11, A REQUEST TO OPERATE A MASSAGE ESTABLISHMENT LOCATED AT 4171 BALL ROAD IN THE CG- 10,000 COMMERCIAL GENERAL ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Bailey asked for clarification on future expansion of services. 2 CITY COUNCIL MINUTES NOVEMBER 8, 2010 The Associate Planner responded that chair massage is an exempted massage use if it were accessory to another type of use such as a beauty salon. She stated that chair massage is the primary use negating the requirement for a Conditional Use Permit as a massage use. Mayor Pro Tem Bailey asked if full body massage services could be restricted. The Associate Planner replied that the Conditional Use Permit could be approved with limitations. The City Attorney stated that if there is concern, the City Council could approve the application, reserving for an amended Conditional Use Permit process any application to expand the services offered beyond those specified in the immediate application. Mayor Pro Tem Bailey asked about restrictions imposed by Senate Bill 731. The Associate Planner stated that the restrictions are included in the conditions of approval with some already in the City's Ordinance. Council Member Mills stated that, in regard to Condition No. 19, his preference would be to specify delivery hours to the business. The applicant, Ming Ji, thanked the City Council and stated that she hopes to bring a lot of benefits and healthcare to the City. Council Member Luebben asked about the number of employees. Ms. Ji stated that she currently has a business partner who is also California certified in reflexology and that there could be as many as 10 employees in the future. Council Member Mills asked if any chemicals would be used. Ms. Ji responded that there are no chemicals used only items such as salt, milk, flowers, and Chinese herbal tea bags. 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. Star Johnson, Cypress, spoke in opposition of the massage parlor. The public hearing was closed. Mayor Narain asked if there were other massage establishments in the City. The Associate Planner replied that the majority of the massage usages are in connection with a beauty salon or chiropractic use due to the extensive requirements. Council Member Luebben spoke of concerns related to massage establishments, however, he stated his support for this applicant due to the extensive background research staff has conducted and the conditions required. Council Member Seymore arrived at 7:56 p.m. and following his arrival, participated in all City Council actions except for Agenda Item No. 1. It was moved by Council Member Luebben that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -11, subject to the conditions attached in Exhibit "A" of the Resolution. The motion failed due to lack of a second. 3 CITY COUNCIL MINUTES It was moved by Mayor Pro Tem Bailey and seconded by Council Member Mills, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -11, subject to the conditions attached in Exhibit "A" of the Resolution, limiting the usage to reflexology and amending Condition No. 19 regarding delivery hours. The motion was carried by the following roll call vote: AYES: 3 NOES: 1 ABSENT: 0 ABSTAIN: 1 COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Mills, Bailey and Narain Luebben None Seymore RESOLUTION NO. 6226 NOVEMBER 8, 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010-11 WITH CONDITIONS Item No. 2: A PUBLIC HEARING REGARDING REVIEW OF FISCAL YEAR 2011- 2012 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION. The Redevelopment Project Manager provided background information on this item. Council Member Seymore asked about where the funds can be used. The Redevelopment Project Manager stated that the funds can be used at Community Development Block Grant benefit areas. 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: 1) Hold a public hearing to review the project list proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2011 -2012 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, approving the City's participation in the Fiscal Year 2011 -2012 Community Development Block Grant (CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. 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. 6227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2011 -2012 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE. Item No. 3: A PUBLIC HEARING REGARDING ZONING ORDINANCE AMENDMENT NO. 2010 -04, AMENDING SUBPARAGRAPHS 3.15.060.F.4 AND 3.15.070 OF SECTION 15 OF ARTICLE 3 OF THE CYPRESS ZONING ORDINANCE (APPENDIX "A" OF THE CYPRESS CITY CODE), ADDING NEW DEFINITIONS TO SECTIONS 6.31.020 REGARDING SIGNAGE. 4 CITY COUNCIL MINUTES NOVEMBER 8, 2010 The Director of Community Development provided background information on this item. Council Member Luebben asked if a sign request has been received. The Director of Community Development stated that staff is being proactive before any requests are received. Council Member Seymore asked about a temporary use request. The Director of Community Development replied that Temporary Use Permits for special events would be handled at a staff level. 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 Seymore, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No 2010 -04. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Bailey and Narain NOES: 1 COUNCIL MEMBERS: Luebben ABSENT: 0 COUNCIL MEMBERS: None CONSENT CALENDAR: ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING SUBPARAGRAPHS 3.15.060.F.4 AND .3.15.070 OF SECTION 15 OF ARTICLE 3 OF THE CYPRESS ZONING ORDINANCE (APPENDIX "A" OF THE CYPRESS CITY CODE), ADDING NEW DEFINITIONS TO SECTION 6.31.020 REGARDING SIGNAGE. 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. 4 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 Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 25, 2010. Recommendation: That the City Council approve the Minutes of the Meeting of October 25, 2010, as amended. Item No. 5: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 5 CITY COUNCIL MINUTES NOVEMBER 8, 2010 Item No. 6: AWARD OF QQNSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR STORM DRAIN REHABILITATION ON MOODY STREET AND VALLEY VIEW STREET, PUBLIC WORKS PROJECT NOS. 2008 -12 AND 2008 -14. Recommendation: That the City Council: 1) Award a construction contract for Storm Drain Rehabilitation on Moody Street and Valley View Street, Public Works Project Nos. 2008 -12 and 2008 -14, in the amount of $2,088,350, to the lowest responsible bidder, Excel Paving Company, Long Beach, California; authorize a contingency of $313,253 (15% of Bid Amount); and direct the Director of Public Works /City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $115,113, within the agreement for On -Call Construction Management Inspection/Engineering Services, for Storm Drain Rehabilitation on Moody Street and Valley View Street, Public Works Project Nos. 2008 -12 and 2008 -14, to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $17,267 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. Item No. 7: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE CERRITOS AVENUE AT WALKER STREET INTERSECTION IMPROVEMENT PROJECT, PUBLIC WORKS PROJECT NO. 2008-25. Recommendation: That the City Council: 1) Award a construction contract for the Cerritos Avenue at Walker Street Intersection Improvement Project, Public Works Project No. 2008 -25, in the amount of $272,294.35, to the lowest responsible bidder, Ruiz Engineering Company, Long Beach, California; authorize a contingency of $40,844 (15% of Bid Amount); and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority; and 2) Approve a Task Order for Construction Management and Inspection Services, in the amount of $34,047, within the agreement for On -Call Construction Management /Inspection/Engineering Services, for the Cerritos Avenue at Walker Street Intersection Improvement Project, Public Works Project No. 2008 -25, to Jacobs Field Services North America, Inc. (Jacobs); authorize a contingency of $5,100 (15% of contract amount) to be used for unforeseen work; and direct the Director of Public Works /City Engineer to act as Contract Officer. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15368 THROUGH 15554. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. 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. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. 6 NOVEMBER 8, 2010 CITY COUNCIL MINUTES ITEMS FROM CITY COUNCIL MEMBERS: Mayor Narain requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an O.C. Sanitation District Steering Committee meeting and an O.C. Sanitation District Board of Directors meeting. Attended the Cypress High School Junior Varsity and Varsity Girls' Volleyball games at Cypress High School. Attended a SCAG Energy and Environment Committee meeting. Attended the Newport Autumn Rowing Festival in Newport Beach. Spoke regarding the recent national and statewide elections. Manor Pro Tem Bailey: Attended the quarterly BRACE meeting. Attended the Mayor's meeting regarding the Joint Forces Training Base. Met with the Mayor and members of the Cypress Chamber of Commerce. Attended the ribbon cutting for Interwire Products. Council Member Seymore: Attended a mandatory settlement conference for a City litigation matter. Attended an O.C. Fire Authority Executive Committee meeting. Attended the Halloween Carnival at the Cypress Community Center. Attended the ribbon cutting for Interwire Products. Attended a special emergency O.C. Fire Authority Board meeting. Council Member Mills: Stated that he is humbled by the public's trust in allowing him to serve another four years on the City Council. Reminded of the free dentistry being offered by Dr. Caldwell on November 20, 2010. Attended a Regional Military Affairs Committee meeting at the Joint Forces Training Base. Attended an OCCOG Board of Directors meeting. Attended a SCAG meeting. Attended the ribbon cutting for Interwire Products. Mayor Narain: Attended the quarterly BRACE meeting. Attended the Mayor's meeting regarding the Joint Forces Training Base. Met with members of the Cypress Chamber of Commerce. Met with Cub Scout Pack 660 prior to tonight's meeting. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor Narain adjourned the meeting at 8:34 p.m. to Monday, November 22, 2010, beginning at 5:30 p.m. in the Execu,Board Room. ATTEST: iSc.oCw.rvn CITY CLERK OF THE CITY OF CYPRESS 7 MAYOR OF THE CITY OF CYPRESS