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Minutes 2011-01-10MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 10, 2011 A regular meeting of the Cypress City Council was called to order at 6:31 p.m. by Mayor Mills in the Council Chambers, 5275 Orange Avenue, Cypress, California. Members present: Mayor /Agency Chair Leroy Mills Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Doug Bailey Council /Agency Board Member Phil Luebben Council /Agency Board Member Prakash Narain 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 Real Property Negotiators, pursuant to Government Code Section 54956.8); Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katella Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company, Party Negotiating With: Warland Investments Company; Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development; Under Negotiation: Terms and Conditions of Development Agreement. 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 Mills. 105 Members present: Mayor /Agency Chair Leroy Mills Mayor Pro Tem /Agency Vice Chair Todd Seymore Council /Agency Board Member Phil Luebben Council /Agency Board Member Prakash Narain Members absent: Council /Agency Board Member Doug Bailey 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 Police Captain Jackie Gomez Whiteley Assistant Finance Director Matt Burton Recreation Superintendent Dena Diggins Assistant City Engineer Kamran Dadbeh CITY COUNCIL MINUTES Assistant Planner Judy Aquino Administrative Services Manager Andrew Tse City Clerk Denise Basham JANUARY 10, 2011 106 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills. INVOCATION: The invocation was given by Chaplain Jerry Shumard, Cypress Police Department. PRESENTATIONS: The Chief of Police provided an overview of the Police Department for 2010. 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 Real Property Negotiators, pursuant to Government Code Section 54956.8); Real Property Identified by APN Numbers 222 031 -05, 06, 07, 08, 09, and 10, 222 032 -03 and 04, 222 033 -01, 02, 03, and 04, 222 034 -01, 02, 03, 04, 05, and 06, and 222 035 -01 Consisting of Property South of Katelia Avenue and West of Valley View Street and Contained Within the Area Subject to the Provisions of the Development Agreement Dated September 12, 1994 Between the City of Cypress and Warland Investments Company; Party Negotiating With: Warland Investments Company; Negotiating Party: City Manager, Assistant City Manager, and Director of Community Development; Under Negotiation: Terms and Conditions of Development Agreement. He stated that a briefing was provided regarding a proposal received on the property. He indicated that questions and answers were entertained and a recommended negotiating strategy was presented by staff which was reviewed and unanimously approved by the City Council. 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 Mills asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. David Wassenaar, Cypress College, spoke regarding Cypress College and the Americana Awards. He introduced the 2011 Cypress Citizen of the Year Frann Shermet. Timothy Brown, Cypress, thanked the Cypress Police Department and O.C. Animal Care for their assistance this past year. 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 ZONING ORDINANCE AMENDMENT NO. 2010 -05, A CITY INITIATED PROPOSAL TO AMEND THE CYPRESS CITY CODE, APPENDIX 1 ZONING, SECTION 4.19.050, TABLE 4 -2, ITEM 11, RELATING TO THE ADDITION OF LANGUAGE ALLOWING A REDUCTION IN THE REQUIRED SIDE YARD BUILDING SETBACKS FOR PROPERTIES LOCATED WITHIN THE RM -15 RESIDENTIAL MULTIPLE FAMILY ZONE. The Assistant Planner provided background information on this item. Council Member Luebben asked if this is related to the former County property that the City took over several years ago and asked if this amendment would apply City -wide. 2 CITY COUNCIL MINUTES JANUARY 10, 2011 The Assistant Planner responded that this is related to the former County property, and that the amendment would only apply to properties located within the RM -15 Residential Multiple Family Zone. The public hearing was opened. Mayor Mills asked if there was anyone who wished to speak in favor of the item. Mayor Mills asked if there was anyone who wished to speak against the item. The public hearing was closed. Mayor Mills expressed his concerns regarding giving future preapproval for moving the setbacks to three -feet (3') and not providing the opportunity for adjacent property owners to come before the City Council. He stated that it is important for the public to have the opportunity to speak in a public forum and that he is not in support of the staff report. The Assistant Planner clarified that the process would allow applicants to apply for an administrative adjustment for the three -foot (3') side yard setback and that adjacent property owners would be notified. The Director of Community Development stated that any decision made by the Director could be appealed to the City Council. Council Member Luebben stated that he also had concerns with this item and he is not in favor of it. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Ordinance Amendment No. 2010 -05. The motion failed in a tie vote by the following roll call vote: AYES: 2 COUNCIL MEMBERS: Narain and Seymore NOES: 2 COUNCIL MEMBERS: Luebben and Mills ABSENT: 1 COUNCIL MEMBERS: Bailey 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. Mayor Mills noted the revision to Agenda Items #4 with staff recommending the continuation of the item, and a revision to Agenda Item #6. Council Member Luebben requested Items No. 2, 5, 6, 7, and 10 be pulled from the Consent Calendar. It was moved by Council Member Narain and seconded by Mayor Pro Tem Seymore, to approve Consent Calendar Items No. 3, 4, 8, and 9. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey Item No. 3: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 3 107 CITY COUNCIL MINUTES JANUARY 10, 2011 Item No. 4: DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -06, A REQUEST TO CONSTRUCT AND OPERATE A STEALTH, IMITATION TREE DESIGN, FREESTANDING TELECOMMUNICATIONS ANTENNA FACILITY BEHIND AN EXISTING RETAIL COMMERCIAL BUILDING LOCATED AT 50201 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Recommendation: That the City Council continue this item to a future City Council meeting. Item No. 8: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2010. Recommendation: That the City Council receive and file the report. Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF NOVEMBER, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of November, 2010. Regarding Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF DECEMBER 13, 2010, Council Member Luebben asked the City Clerk to read aloud the City Council committee appointments and commented on his not being appointed to any of the committees. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council approve the Minutes of the Meeting of December 13, 2010, as submitted. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey Regarding Item No. 5: DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -07, A REQUEST TO CONSTRUCT AND OPERATE A STEALTH, IMITATION TREE DESIGN, FREESTANDING TELECOMMUNICATIONS ANTENNA FACILITY BEHIND AN EXISTING RETAIL COMMERCIAL BUILDING LOCATED AT 50281/2 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE, Council Member Luebben asked staff for clarification on this item. The Director of Community Development stated that the stealth antenna placement is allowable under federal regulations. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2010 -07, subject to the conditions in Exhibit "A" of the Resolution. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey RESOLUTION NO. 6230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -07 WITH CONDITIONS. 4 108 CITY COUNCIL MINUTES JANUARY 10, 2011 Regarding Item No. 6: AWARD OF CONSTRUCTION CONTRACT AND AWARD OF TASK ORDER FOR CONSTRUCTION INSPECTION SERVICES FOR THE 2010/11 OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 2010 -13, Council Member Luebben asked staff for clarification on this item, including the bids submitted. The Public Works Director indicated that the Overlay Project is done on an annual basis and the City has contracted with Sully Miller Contracting Co. previously. He stated that the bids came in close and that staff would be comfortable working with any of the bidders. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council: 1) Award a contract for the 2010/11 Overlay Project, Public Works Project No. 2010 -13, in the amount of $2,198,000, to the lowest responsible bidder Sully Miller Contracting Co., Brea, California, authorize a contingency of $329,700 (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 $131,744, within the existing Agreement for On -Call Construction Management/Inspection /Engineering Services, for 2010/11 Overlay Project (Project No. 2010 -13), to Jacobs Field Services North America, Inc. (Jacobs), as amended, authorize a contingency of $19,762 (15% of contract amount) to be used for unforeseen work, and direct the Director of Public Works /City Engineer to act as Contract Officer; and 3) Authorize the Director of Public Works /City Engineer to execute an agreement with the County of Los Angeles for sharing the cost of various cul -de -sacs in District 1. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey Regarding Item No. 7: ADOPTION OF A RESOLUTION DESIGNATING SIGNATURE AUTHORITY FOR APPLICATION AND TRANSFER AGREEMENT OR EXECUTION OF JUSTICE ASSISTANCE GRANT PROGRAMS, TERRORISM, AND EMERGENCY SERVICES GRANT FUNDING, AND REPEALING RESOLUTION NO. 6084, ADOPTED MAY 27, 2008, Council Member Luebben asked staff for clarification on how often signature authority designation is required and if there is a fiscal impact. The Chief of Police responded that the Department of Homeland Security requested an update to the City's signature authority designation which will now include an authorized name list by classification. He stated that there is no fiscal impact with this matter. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council adopt the Resolution by title only, designating those City officials authorized to execute Applications and Transfer Agreement for the Justice Assistance Grant (JAG) program, terrorism, and emergency management assistance grant funds, and all future proclaimed disasters in order to obtain financial assistance from the federal and /or state governments, and repealing Resolution No. 6084, adopted May 27, 2008. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey RESOLUTION NO. 6231 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DESIGNATING SIGNATURE AUTHORITY FOR APPLICATION AND TRANSFER AGREEMENT OR EXECUTION OF JUSTICE ASSISTANCE GRANT PROGRAMS, TERRORISM, AND EMERGENCY SERVICES GRANT FUNDING, AND REPEALING RESOLUTION NO. 6084, ADOPTED MAY 27, 2008. 5 109 CITY COUNCIL MINUTES JANUARY 10, 2011 Regarding Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 15880 THROUGH 16231, Council Member Luebben asked for clarification on check #15923 ($20) payable to the Cypress Chamber of Commerce. The Assistant City Manager /Director of Finance and Administrative Services responded that this was payment for Council Member Narain's attendance to the Cypress /Los Alamitos Chamber Networking Wake Up Breakfast with Congressman Ed Royce. Council Member Luebben asked about Mayor Mills' attendance at the breakfast and reimbursement to him. Mayor Mills stated that it is his personal standard to use the Council's monthly allowance for activities such as the breakfast meeting, and that he did not file an expense report for such. Council Member Luebben asked for clarification on check #15976 ($4,010.33) payable to the City of Los Alamitos. The Assistant City Manager /Director of Finance and Administrative Services responded that this was reimbursement for the joint cities shared costs from the Fourth of July Fireworks Celebration. Council Member Luebben asked for clarification on check #15997 ($240) payable to the Orange County City Manager's Association. The Assistant City Manager /Director of Finance and Administrative Services stated that this was payment for administrative staff members' attendance to the annual Orange County City Manager's Christmas Banquet. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, that the City Council approve the attached warrant registers and wire transfers for Fiscal Year 2010 -11. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey No items. END OF CONSENT CALENDAR NEW BUSINESS: No items. RECREATION PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. Agency Board Member Luebben stated that he has thoroughly reviewed the Financial Report of the Cypress Redevelopment Agency and the City's Comprehensive Annual Financial Report, and complimented the City's Finance team on their efforts. It was moved by Agency Board Member Luebben and seconded by Agency Vice Chair Seymore, that the Redevelopment Agency approve Consent Calendar Item No. 11. 6 110 CITY COUNCIL MINUTES The motion was unanimously carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Luebben, Narain, Seymore and Mills NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Bailey Item No. 11: ACCEPTANpE OF THE COMPONENT UNIT FINANCIAL REPORT OF THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE 30. 2010. Recommendation: That the Cypress Redevelopment Agency Board receive and file the report. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Mills requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended a SCAG Energy and Environment Committee meeting. Attend the Cypress Recreation Community Services youth basketball games at Lexington Junior High School. Council Member Narain: Attended a ribbon cutting at Subway Restaurant. Mayor Pro Tem Seymore: Attended the memorial service for Steven and Douglas Uselton at Seacoast Grace Church. Visited the Phoenix Float Design Center in Pasadena to place a flower on the Donate Life float on behalf of the City. Mayor Mills: Stated that 20 cities have joined the Association of California Cities and that existing staff will remain. Attended a holiday luncheon at the Cypress Senior Citizens Center. Attended the Cypress College Masterworks Chorale Christmas performance. Attended the memorial service for Carolyn Richards. Attended the Oxford Academy tribute and funeral services for Steven and Douglas Uselton. Attended a SCAG meeting. ITEMS FROM CITY MANAGER: No items. JANUARY 10, 2011 111 ADJOURNMENT: Mayor Mills adjourned the meeting at 8:13 p.m. in memory of Carolyn Richards, and Steven and Douglas Uselton to Monday, Janua 2011, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 01,a4,41 CITY CLERK OF THE CITY OF CYPRESS 7 MAYO OF THE CITY OF CYPRESS