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Minutes 2011-02-14ORAL COMMUNICATIONS: None. CLOSED SESSION: MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 14, 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 CounciVAgency Board Member Doug Bailey CounciVAgency Board Member PhD Luebben CounciVAgency Board Member Prakash Narain Staff present: City Manager John Bahorski City Attorney William Wynder The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1); Title: City Manager. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6(a); Agency Negotiators: William Wynder and Richard Storey; Unrepresented Employee: City Manager. 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 7:16 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 CounciVAgency Board Member Phil Luebben Council /Agency Board Member Prakash Narain 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 Ed Bish Assistant Director of Finance Administrative Services Matt Burton Assistant City Engineer Kamran Dadbeh Planning Manager Doug Hawkins Public Works Superintendent Bobby Blackburn Administrative Services Manager Andrew Tse City Clerk Denise Basham 120 CITY COUNCIL MINUTES FEBRUARY 14, 2011 121 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey. INVOCATION: The invocation was given by Mayor Mills. 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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1); Title: City Manager. He stated that the performance evaluation was completed. The City Attorney reported that the City Council met in Closed Session regarding Conference with Labor Negotiators, pursuant to Government Code Section 54957.6(a); Agency Negotiators: William Wynder and Richard Storey; Unrepresented Employee: City Manager. He stated that the City Council gave the City Attorney negotiating authority which was accepted by the City Manager in principle. A formal agreement will be brought back to the next City Council meeting for formal action and consideration. 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. George O'Hara, Cypress Chamber of Commerce, provided an update 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 CONDITIONAL USE PERMIT NO. 2010 -13, A REQUEST TO APPROVE THE ONSITE SALE OF BEER AND WINE FOR THE EXISTING SENOR BIG ED RESTAURANT LOCATED AT 5490 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Planning Manager provided background information on this item. Lorena Coronado, representing the applicant, was present and stated that they agreed to all of the conditions of approval. 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. It was moved by Council Member Luebben and seconded by Council Member Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2010 -13, subject to the conditions in Exhibit "A" of the Resolution. 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 2 CITY COUNCIL MINUTES FEBRUARY 14, 2011 122 RESOLUTION NO. 6233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2010 -13 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 Bailey, to approve Consent Calendar Items No. 2 through 6. 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 24, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of January 24, 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. Item No. 4: CONTINUED CONSIDERATION OF 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 50201/2 BALL ROAD IN THE CN COMMERCIAL NEIGHBORHOOD ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2010 -06, subject to the conditions in Exhibit "A" of the Resolution. RESOLUTION NO. 6234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -06 WITH CONDITIONS. Item No. 5: REVIEW OF CONDITIONAL USE PERMIT NO. 95 -22 REGARDING THE EXISTING TELECOMMUNICATION ANTENNA FACILITY LOCATED AT 5175 LINCOLN AVENUE. Recommendation: That the City Council receive and file the report. Item No. 6: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 16509 THROUGH 16712. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. END OF CONSENT CALENDAR 3 CITY COUNCIL MINUTES FEBRUARY 14, 2011 123 NEW BUSINESS: Item No. 7: FISCAL YEAR 2010 -11 MID -YEAR BUDGET REVIEW. The Assistant City Manager /Director of Finance and Administrative Services provided background information on this item. Council Member Luebben complimented staff on their budget reporting and asked if staff has reviewed discretionary spending for possible reductions. The Assistant City Manager /Director of Finance and Administrative Services indicated that the budget is reviewed annually including recommended vehicle surplus and a closer look at travel and meeting allocations. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Luebben, that the City Council receive and file the Fiscal Year 2010 -11 Mid -Year Budget Review report. 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. Item No. 8: FISCAL YEAR 2010 -11 MID -YEAR BUDGET REVIEW FOR THE CYPRESS RECREATION AND PARK DISTRICT. The Assistant City Manager /Director of Finance and Administrative Services provided background information on this item. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey, that the City Council, acting as the ex- officio governing Board of Directors of the Cypress Recreation and Park District, receive and file the Fiscal Year 2010 -11 Mid -Year Budget Review report. 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 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. Item No. 9: FISCAL YEAR 2010 -11 MID -YEAR BUDGET REVIEW FOR THE CYPRESS REDEVELOPMENT AGENCY. The Assistant City Manager /Director of Finance and Administrative Services provided background information on this item. Agency Member Bailey asked for clarification on the pass through agreements. The Assistant City Manager /Director of Finance and Administrative Services stated that because redevelopment takes money from other agencies, there is a requirement that the City pass through some of that money. He commented that when the City's redevelopment project areas were started, that the City negotiated with the local school districts and the county, and established certain pass through agreements to include a pass through of approximately 50% of the growth Agency Member Bailey asked about the Supplemental Educational Revenue Augmentation Fund (SERAF) shift. 4 CITY COUNCIL MINUTES The Assistant City Manager /Director of Finance and Administrative Services stated that $.5 billion is needed from the Redevelopment agencies as part of the State's 2009- 2010 and 2010 -2011 budgets. Agency Member Narain asked if a presentation could be provided in the future on impacts of redevelopment agencies being taken away. Agency Member Luebben asked where Community Development Block Grant (CDBG) funds are located in the budget. The Assistant City Manager /Director of Finance and Administrative Services stated that CDBG capital projects would be funded through the City budget and projects such as the first time home buyers program, using CDBG, would be funded through the Redevelopment Agency budget. Agency Member Luebben asked about recent capital projects that were funded by CDBG. The Public Works Director stated that the most recent CDBG projects involve sewers at various locations. It was moved by Agency Member Luebben and seconded by Agency Vice Chair Seymore, that the Cypress Redevelopment Agency Board receive and file the Fiscal Year 2010 -11 Mid -Year Budget Review report. The motion was unanimously carried by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Seymore and Mills NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. FEBRUARY 14, 2011 ITEMS FROM CITY COUNCIL MEMBERS: Mayor Mills requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended youth basketball games at Lexington Junior High School. Attended a Long Beach Rowing Association competition. Spoke regarding the improved street lighting on the Lincoln Avenue bridge connecting Cypress and Hawaiian Gardens. Mayor Pro Tem Sevmore: Attended the City's State of the City luncheon. Attended an O.C. Fire Authority meeting. Attended the O.C. Fire Authority Best and Bravest awards. Attended an AGENT meeting at the Cypress Community Center. Attended the inaugural meeting of the Association of California Cities Orange County. Attended the Heroes Welcome for Specialist Jose Torre Jr. Council Member Bailey: Attended the City's State of the City luncheon. Attended an Asset Management Plan workshop with the Cypress School District. Attended an O.C. Vector Control District meeting. 5 124 CITY COUNCIL MINUTES FEBRUARY 14, 2011 125 Council Member Narain: Attended the City's State of the City luncheon. Attended the State of the County luncheon. Attended an O.C. Sanitation District meeting. Attended an O.C. Sanitation District Administration meeting. Attended a Cypress Toastmasters meeting. Attended an O.C. Library Advisory Board meeting. Attended the Cypress Chamber of Commerce Networking breakfast. Attended the inaugural meeting of the Association of California Cities Orange County. Mayor Mills: Congratulated Oxford Academy on being ranked number one by the O.C. Register. Spoke regarding the State Controller authority and Legislative Bills. Attended and spoke at the City's State of the City luncheon. Attended an OCCOG Board of Directors meeting. Attended the Celebration of Life ceremony for Specialist Jose Torre Jr. Attended an Asset Management Plan workshop with the Cypress School District. Attended a SCAG Regional Transportation Committee meeting. Attend the Cypress Chamber of Commerce Networking breakfast. Attended the State of the County luncheon. Attended the inaugural meeting of the Association of California Cities Orange County. ITEMS FROM CITY MANAGER: The City Manager stated that a workshop will be held on February 28, 2011 with a presentation by the Cypress School District on school redevelopment and their asset management plan. ADJOURNMENT: Mayor Mills adjourned the meeting at 8:26 •.m. to Monday, February 28, 2011, beginning at 5:30 p.m. in the Executive oa Room ATTEST: 1 CITY CLERK OF THE CITY OF CYPRESS 6 MAY OF THE CITY OF CYPRESS