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Minutes 2011-01-24MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD January 24, 2011 A regular meeting of the Cypress City Council was called to order at 6:30 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 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 6:31 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 7:00 p.m. by Mayor Mills. 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 Assistant City Attorney Lindsay Tabaian Assistant City Manager /Director of Finance and Administrative Services Richard Storey Chief of Police Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Jackie Gomez Whiteley Police Captain Ed Bish Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Planning Manager Doug Hawkins Associate Planner Kori Nevarez Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Seymore. 112 CITY COUNCIL MINUTES JANUARY 24, 2011 113 INVOCATION: The invocation was given by City Attorney Wynder. 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 the parties are in the process of negotiating a Memorandum of Understanding between the City and the North Orange County Community College District for the rendition of law enforcement services on the Community College campus. He stated that the latest iteration of the draft Memorandum of Understanding was reviewed with 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. Jenelle Froisland, Southern California Edison, spoke regarding various energy programs. Laura Herzog, Joint Forces Training Base, spoke regarding the Hero Mission to be held on January 25, 2011, in honor of a local fallen soldier. She announced the elimination of her position with the Base due to budget cuts. George O'Hara, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. The following spoke regarding Agenda Item No. 11: Debbie Bent, Huntington Beach Diane Amendola Rose Roberson, Cypress Susan Murphy, Cypress Elizabeth Childers, Cypress Patty Rusko Kerry Bettis, Cypress 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 -12, A REQUEST TO RE -OPEN A RESTAURANT WITH A TYPE 47 ONSALE GENERAL LIQUOR LICENSE LOCATED AT 5721 LINCOLN AVENUE, SUITE C IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. Mayor Pro Tem Seymore asked about Condition No. 41 related to the heights of partitions separating the booths /dining areas, along with Condition No. 38 regarding doorway obstruction. Chief Yokoyama stated that there would not be a policing concern as long as there are no curtains or coverings on the glass partitions. 2 CITY COUNCIL MINUTES JANUARY 24, 2011 114 Mayor Pro Tem Seymore asked if the three walls with a second door entrance in the foyer are glass or solid and expressed concern about the window coverings being an obstruction. The Associate Planner stated that the floor plan was submitted with the original application and that the conditions were added based on the floor plan. She indicated that a new floor plan would reflect all of the conditions of approval including a maximum partition height of 54 Council Member Narain asked if there are other restaurants that have enclosed dining rooms. The Associate Planner replied no. Council Member Luebben asked about the signage for the location. The Associate Planner stated that signs written in a foreign language must also be in English. Council Member Luebben asked about the foyer and the necessity for clear glass. Mayor Pro Tem Seymore clarified that the three walls inside the foyer area need to be clear glass. The Chief of Police stated that it would be a preference to the officers from a tactical advantage for the glass on the foyer walls to be clear. The Associate Planner read Condition No. 44 asking if further verbiage is needed related to the building's foyer. Mayor Pro Tem Seymore requested that walls be glass, 54" in height, or eliminated. The public hearing was opened. The applicant, Kil Cha Yi, stated that the glass partitions represent a Korean -style restaurant. Translation assistance was provided by an associate in attendance with Ms. Yi who stated that there have been no changes to the front entrance. Council Member Luebben asked about the style of the existing partition at Sweetee Thai Restaurant. Council Member Bailey asked for clarification on the previous floor plan. The applicant responded that it is the same floor plan. Mayor Pro Tem Seymore asked if this was an existing floor plan. The Associate Planner responded in the affirmative and stated that a previous owner made tenant improvements without City approval. The Chief of Police commented that there have been problems at these types of locations and that the partitions also pose vice challenges. Council Member Luebben asked if the applicant is willing to either reduce the size of the partitions to not more than 41/2" or replace them with clear glass. Ms. Yi's associate responded that there is an emergency exit door at the back of the building. Ms. Yi stated that the fire department will do an inspection. 3 CITY COUNCIL MINUTES JANUARY 24, 2011 Council Member Bailey clarified that a previous restaurant operated under the existing floor plan. The Associate Planner stated that the foyer is a recent addition and it is unknown if the fire department has provided an inspection. The City Attorney noted the language barrier between the City and the applicant, and stated that the City Council can use its discretion on how to proceed. Mayor Mills commented that staff may need to work further with the applicant. Mayor Pro Tem Seymore stated that anything in the building that has not been permitted needs to come down. The City Attorney stated that a signed acceptance of all of the conditions, except for what has been recently discussed, has been received from the applicant. 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. 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 Conditional Use Permit No. 2010 -12, subject to the conditions in Exhibit "A" of the Resolution, as amended. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None RESOLUTION NO. 6232 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010 -12 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 Mayor Pro Tem Seymore and seconded by Council Member Narain, to approve Consent Calendar Items No. 2 through 10. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 10, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of January 10, 2011, as submitted. Item No. 3: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. 4 115 CITY COUNCIL MINUTES JANUARY 24, 2011 Item No. 4: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK ORDER FOR CONSTRUCTION INSPECTION AND TESTING SERVICES FOR SEWER REHABILITATION ON LINCOLN AVENUE AND CYPRESS STREET, PUBLIC WORKS PROJECT NO. 2008 -23. Recommendation: That the City Council: 1) Award a construction contract for Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 2008- 23, in the amount of $1,646,689, to the lowest responsible bidder, Paulus Engineering, Anaheim, California, authorize a contingency of $247,000 (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 Inspection and Testing Services, in the amount of $213,213, within the agreement for On -Call Construction Management/Inspection /Engineering Services, for Sewer Rehabilitation on Lincoln Avenue and Cypress Street, Public Works Project No. 2008 -23, to Jacobs Field Services North America, Inc. (Jacobs), authorize a contingency of $31,980 (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. 5: APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION ON LA SALLE STREET, BELMONT STREET, AND LINCOLN AVENUE, PUBLIC WORKS PROJECT NO. 2009 -12. Recommendation: That the City Council approve the plans and specifications for Sewer Rehabilitation on La Salle Street, Belmont Street, and Lincoln Avenue, Public Works Project No. 2009 -12. Item No. 6: APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION ON DELONG STREET, WATSON STREET, AND CRESCENT AVENUE, PUBLIC WORKS PROJECT NO. 2009 -13. Recommendation: That the City Council approve the plans and specifications for Sewer Rehabilitation on DeLong Street, Watson Street, and Crescent Avenue, Public Works Project No. 2009 -13. Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR 2010/11 SLURRY SEAL PROJECT, PUBLIC WORKS PROJECT NO. 2010 -14. Recommendation: That the City Council approve the plans and specifications for the 2010/11 Slurry Seal Project, Public Works Project No. 2010 -14. Item No. 8: AWARD OF CONTRACT FOR REPLACEMENT OF FIVE POLICE VEHICLES. Recommendation: That the City Council find that the City of Simi Valley's Purchase Order No. 4500022733, the. Los Angeles County Sheriff's Department Purchase Order No. DPO -SH- 1 1 321 41 0 -1, and the City of Rancho Cucamonga's Purchase Order No. 053220 satisfies the bid process per the City Code Section 21A-10(e), award a contract to purchase one 2011 Chevrolet Impala Police Package vehicle and three 2011 Ford Crown Victoria Police Interceptor Patrol Vehicles from Wondries Fleet Group, Alhambra, California, in the amount of $95,932, and award a contract to purchase one 2010 Ford Escape Hybrid from Theodore Robins Ford Inc., Costa Mesa, California, in the amount of $29,696. Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2010. Recommendation: That the City Council receive and file the Investment Report for the month of December, 2010. 5 116 CITY COUNCIL MINUTES JANUARY 24, 2011 117 Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 16232 THROUGH 16508. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. NEW BUSINESS: END OF CONSENT CALENDAR Item No. 11: DISCUSSION ON PROPOSED BREED SPECIFIC SPAY /NEUTER ORDINANCE AND ALTERNATIVES. The Administrative Services Manager provided background information on this item. Council Member Luebben asked for clarification of the definition of a "potentially dangerous dog" and commented that the unprovoked time span should be expanded and not shortened. The Administrative Services Manager commented that the time span revision is due to the urgency of the complaints from the Marion Avenue residents in that dogs were attacking on a more frequent basis. Mayor Pro Tem Seymore made verbiage suggestions to the proposed definition of "potentially dangerous dog," including the removal of the time span restriction and the number of unprovoked incidences. The City Attorney asked the O.C. Animal Care representative about the reasoning for the 36 -month time span. Ryan Drabek, O.C. Animal Care, stated that a longer time frame allows O.C. Animal Care a longer span of time to look at the incident and a 6 -month time span would make the process more expedient. He indicated that a single -bite incident, if unprovoked, can lead to a potentially dangerous dog investigation. The City Attorney asked Mr. Drabek if a single bite, dog on human, or a single bite, dog on dog, could result in a designation of a dangerous condition. He asked if the authority of O.C. Animal Care has been challenged to declare an animal dangerous when someone had to take defensive action on a single occasion and if the courts would require that there be repeated instances. Mr. Drabek responded that the current O.C. Animal Care ordinance has been challenged in court, however, the declarations have not been overturned. Council Member Bailey asked about responses and the number of responses over the past year. Mr. Drabek replied that there have been reported incidents within the last couple of months. He stated that he is not able to provide specific addresses and /or dates, however, according to reports the dogs that were most recently declared were euthanized because the owner did not comply with the O.C. Animal Care restrictions. Council Member Luebben stated that he is not in favor of the mandatory spay /neuter ordinance and that he would prefer to see stronger, aggressive rules forcing owners to be more accountable for their pets. Council Member Bailey stated that broadening the scope of what a dangerous dog is and community outreach from O.C. Animal Control would be a plausible plan. Mayor Pro Tem Seymore concurred with Council Member Luebben but suggested a clearer definition of a potentially dangerous dog in order to strengthen the dog owner's responsibilities. 6 CITY COUNCIL MINUTES JANUARY 24, 2011 118 Council Member Luebben stated that it was his concern that an animal owner may be wrongly accused. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, that the City Council: 1) Direct staff to prepare an ordinance amending certain sections of the Cypress Municipal Code, Chapter 3, Section 3 -1, to increase the stringency of the Potentially Dangerous Dog Program to dog owners who are deemed in violation of the City's Dangerous and Vicious Animals Ordinance by O.C. Animal Care officials; and 2) Direct staff to request O.C. Animal Care to increase canvassing, public education efforts, licensing, and enforcement activities in the Marion Avenue neighborhood and other areas as determined by O.C. Animal Care to have issues with potentially dangerous animals. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Seymore and Mills 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. No items. 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 Cypress youth basketball games at Lexington Junior High School. Attended a SCAG Audit Committee meeting. Mayor Pro Tem Seymore: Attend an O.C. Transit Study workshop. Attended an O.C. Fire Authority meeting. Attended the United Health Care open house. Council Member Bailey: Attended a Mayors' meeting in Los Alamitos. Attended an O.C. Vector Control meeting. Council Member Narain: Attended a League of California Cities seminar in Sacramento. Mayor Mills: Attended the swearing -in ceremony of O.C. Supervisor John Moorlach. Attended the Jack Kaiser Memorial Celebration in Los Angeles. Attended a SCAG Audit Committee meeting. Attended the United Health Care open house. Attended a Legislative Committee meeting. Attended a pancake breakfast fundraiser at Oxford Academy for CITY COUNCIL MINUTES JANUARY 24, 2011 the Uselton family. Attended a ribbon cutting for Midas Auto Systems Experts customer appreciation day. ITEMS FROM CITY MANAGER: The City Manager stated that the City's 2010 sales tax has increased 6.3% compared to 2009. He stated that the Cypress Traffic Commission concurred with the installation of a traffic signal at Watson Street and Crescent Avenue, and that the City will continue to work with the City of La Palma. He informed of his attendance at a Joint Forces Training Base meeting and stated that there is a draft land use agreement. The City Attorney shared a written opinion by O.C. Fire Authority legal counsel regarding recent Public Records Act requests from a citizen. ADJOURNMENT: Mayor Mills adjourned the meeting at :50 p.m. o Monday, February 14, 2011, beginning at 5:30 p.m. in the Executive B Room. ATTEST: 17) CITY CLERK OF THE CITY OF CYPRESS 8 MAYOR a F THE CITY OF CYPRESS 119