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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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MAYO OF THE CITY OF CYPRESS