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Minutes 2011-05-23MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 23, 2011 A regular meeting of the Cypress City Council was called to order at 6:00 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 Assistant City Attorney Lindsay Tabaian Legal Counsel Anthony Taylor ORAL COMMUNICATIONS: None. CLOSED SESSION: 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), Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups: Executive Management, Mid Management, Non Represented. 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 Numbers 30- 2008 00103466 and 30- 2009 00118968; Orange County Superior Court. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) (3)(A); Number of Cases: One. At 6:02 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 Manager /Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Police Chief Mark Yokoyama Public Works Director Doug Dancs 178 CITY COUNCIL MINUTES MAY 23, 2011 179 Recreation and Community Services Director June Liu Police Captain Jackie Gomez Whiteley Planning Manager Doug Hawkins Redevelopment Project Manager Steve Clarke Senior Civil Engineer Alvin Papa Recreation Supervisor Shelly Myers Recreation Specialist Shayna Vazquez Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Mills. INVOCATION: The invocation was given by Mayor Pro Tem Seymore. PRESENTATIONS: The Recreation Supervisor and Recreation Specialist presented a video and introduced the members of the Youth Action Committee. Mayor Mills presented a certificate recognizing the 2010 -11 Youth Action Committee. Assistant Chief Brian Stephens, Orange County Fire Authority, made a presentation to the City Council on Fire Station No. 17 construction. Mayor Mills expressed concern about the backflow valve and asked about its relocation. Assistant Chief Stephens responded that the Orange County Fire Authority is working with City staff to possibly put a metal cage around the backflow prevention device. He indicated that the device's location was required by Golden State Water Company. Council Member Narain asked when the project would be completed. Assistant Chief Stephens responded that the project is expected to be completed by June 30, 2011. Mayor Mills asked for an elaboration on the liquidated damages clause in the agreement between the Orange County Fire Authority and the contractor. Assistant Chief Stephens stated that there is a liquidated damage clause in the contract which allows for the completion of the project and then working through any issues. Council Member Luebben asked about possible delays and related funding. Assistant Chief Stephens responded that the entire project is funded by the Orange County Fire Authority. Mayor Pro Tem Seymore stated that the land is owned by the City and the building is owned by the Orange County Fire Authority. He stated that any liquidated damages would go back to the Orange County Fire Authority. 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 Labor Negotiators, pursuant to Government Code Section 54957.6), Agency Negotiators: John B. Bahorski and Richard Storey, Employee Groups: Executive Management, Mid Management, Non Represented. He stated that a briefing was provided and that staff made a recommended proposal. The City Council unanimously authorized the making of such a proposal. 2 CITY COUNCIL MINUTES MAY 23, 2011 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 Numbers 30- 2008 00103466 and 30- 2009 00118968; Orange County Superior Court. He stated that an agreement has been reached in principle to settle which will involve executing a Memorandum of Understanding and the payment of certain attorney's fees from the North Orange County Community College District to the City subject to completing a detailed settlement agreement. He stated that the settlement agreement and Memorandum of Understanding will be on a future City Council agenda for possible action. The City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) (3)(A); Number of Cases: One. He stated that a briefing was provided to the City Council and that no reportable action was taken. 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. Mariellen Yarc, Cypress Chamber of Commerce, spoke regarding Chamber activities and events. Ron Jung, Cerritos, spoke regarding a fundraising event for the Leukemia and Lymphoma Society. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2011 -04 AND TENTATIVE TRACT MAP NO. 17390, A REQUEST TO CREATE A ONE -LOT SUBDIVISION AND CONSTRUCT FIFTEEN (15) CONDOMINIUM UNITS ON PROPERTIES LOCATED AT 6122 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Planning Manager provided background information on this item. Council Member Bailey asked if the families have to participate in the building of the homes. The applicant, Mark Korando, Habitat for Humanity, discussed the "sweat equity" required for the project which includes skilled and unskilled labor, volunteers and applicants participating in building of the units. Council Member Narain asked about "sweat equity" for the disabled. Mr. Korando informed of opportunities available for the disabled. Mayor Pro Tem Seymore stated that families with children had been able to participate based on the children's grades. Mr. Korando responded that that is not an Orange County program and informed of other opportunities for the families to participate in. Council Member Luebben asked about the structure of Habitat for Humanity of Orange County, its non profit status, as well as the compensation for the lead personnel. 3 180 CITY COUNCIL MINUTES MAY 23, 2011 Mr. Korando responded that Habitat for Humanity of Orange County is a 501(c)(3) group and that it acts as an owner, builder, developer, and lender. He stated that there are approximately 50 paid staff, including the retail operation, and that the Executive Director's annual salary is approximately $120,000. Council Member Luebben inquired as to the financing of the units. Mr. Korando replied that the mortgages are carried by Habitat for Humanity with zero percent interest. He informed that in the group's 22 years of existence there has not been a foreclosure. Mr. Korando stated that they accept the conditions on the project. 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 asked for clarification on guest parking spaces at the location. The Planning Manager stated that there are 13 required guest parking spaces with eight reserved for guests and the other spaces for open parking. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Bailey, that the City Council adopt the Resolutions by title only, approving Conditional Use Permit No. 2011 -04 and Tentative Tract Map 17390, 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 RESOLUTION NO. 6246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2011 -04 WITH CONDITIONS. RESOLUTION NO. 6247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 17390 WITH CONDITIONS. JOINT PUBLIC HEARING WITH THE CYPRESS REDEVELOPMENT AGENCY: Item No. 2: JOINT PUBLIC HEARING TO APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF ORANGE COUNTY. The Redevelopment Project Manager provided background information on this item. Council /Agency Board Member Narain asked about the income requirements and how applicants are determined. Mr. Korando stated there is a selection process, however, if there are more applicants than units, then a lottery would be held. He informed of the criteria and assured that qualified applicants are matched with available units. 4 181 CITY COUNCIL MINUTES MAY 23, 2011 182 Council /Agency Board Member Bailey asked how low income housing requirements are maintained. Mr. Korando replied that Habitat of Humanity has a purchase right of refusal. Mayor /Agency Chair Mills asked about the Assessor's Parcel Numbers of Property. The Redevelopment Project Manager responded that the Assessor's Parcel Numbers are valid. Mayor /Agency Chair Mills asked for clarification about the amount of financial assistance to Habitat of Humanity. The Redevelopment Project Manager stated that the Summary Report amount includes the price that Habitat for Humanity paid for the land. Council /Agency Board Member Luebben stated that based on the approximate purchase price, the citizens of Cypress are investing $100,000 in equity into each unit. He asked staff for clarification on this. The Redevelopment Project Manager stated that Habitat for Humanity purchased the property in 2003 with low- moderate housing funds and redevelopment law requires that the City pursue an affordable housing project. Mayor Pro Tem /Agency Vice Chair Seymore commented that the homes are built by professionals along with a large volunteer commitment and indicated the importance of Habitat for Humanity. He stated that the value and equity of the units is usually lower than that of a typical home. The public hearing was opened. Mayor /Agency Chair Mills asked if there was anyone who wished to speak in favor of the item. Mayor /Agency Chair Mills asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Mayor Pro Tem /Agency Vice Chair Seymore and seconded by Council /Agency Board Member Narain, that the Agency Board and City Council: 1) Hold a Joint Public Hearing on the Disposition and Development Agreement between the Agency and Habitat for Humanity of Orange County in accordance with Community Redevelopment Law Section 33433; and 2) Adopt the Agency Resolution by title only, approving the Disposition and Development Agreement; and 3) Adopt the City Council Resolution by title only, approving the Disposition and Development Agreement. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIUAGENCY MEMBERS: Bailey, Luebben, Mills, Seymore and Mills NOES: 0 COUNCIUAGENCY MEMBERS: None ABSENT: 0 COUNCIUAGENCY MEMBERS: None RESOLUTION NO. CRA -137 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF ORANGE COUNTY. 5 CITY COUNCIL MINUTES MAY 23, 2011 183 CONSENT CALENDAR: RESOLUTION NO. 6248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND HABITAT FOR HUMANITY OF ORANGE COUNTY. 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 Narain and seconded by Mayor Pro Tem Seymore, to approve Consent Calendar Items No. 3 through 9. 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. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 9 AND MAY 16, 2011. Recommendation: That the City Council approve the Minutes of the Meetings of May 9 and May 16, 2011, as submitted. Item No. 4: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 5: APPROPRIATION OF RESERVE FUND BALANCE. Recommendation: That the City Council approve the appropriation of $21,925.90 from the reserved Restricted Fund Balance (Promotional Fund) of the General Fund to Account No. 111-60199.4103_013. Item No. 6: APPROVAL OF FIVE ADDITIONAL ABOVE GROUND FACILITIES FOR THE AT &T LIGHTSPEED PROJECT. Recommendation: That the City Council approve the installation of five additional above ground facilities (AGFs) for the AT &T Lightspeed Project. Item No. 7: ACCEPTANCE OF THE POINT OF DISPENSING SITE PLANNING SERVICES CONTRACT AMENDMENT. Recommendation: That the City Council: 1) Accept the amendment to the Point of Dispensing Site Planning Services Contract; and 2) Increase estimated revenues (114- 50183.3525 Grants Miscellaneous) in the General Fund Grants Fund for FY 2010- 2011 for the grant total of $13,850; and 3) Approve the following appropriations in the General Fund Grants Fund as follows: 114-50183.4003_014 (Overtime) $5,850, 114- 50183.4113 (Small Tools) $4,000, and 114-50183.4116 (Computer Supplies) $4,000. Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL, 2011. Recommendation: That the City Council receive and file the Investment Report for the month of April, 2011. 6 CITY COUNCIL MINUTES MAY 23, 2011 184 Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2010 -11 FOR WARRANTS NO. 17708 THROUGH 17896. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2010 -11. NEW BUSINESS: No items. No items. Mayor Pro Tem Seymore: END OF CONSENT CALENDAR 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. 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 Bailey: Attended an O.C. Vector Control meeting. Council Member Narain: Asked for an update on the opening the Fresh Easy Neighborhood Market. The Director of Community Development stated that Fresh Easy Neighborhood Market has not yet committed to an opening date. Mayor Mills: Attended the Cypress Chamber of Commerce Networking breakfast. Attended a City Selection Committee meeting. Met with Target personnel at the Boys Girls Club of Cypress. Attended the Cypress College Scholarship Awards program. Attended a special City Council meeting for conducting Commission interviews. Attended an ACC OC Redevelopment Task Force Committee meeting. Participated in a BRACE visit to McKeon Door. Attended the Cypress Chamber of Commerce mixer at Remax Tiffany Real Estate. Gave the invocation at the National Federation of Republican Women's 10 Annual Friendship and Scholarship Luncheon. Attended a Pacific Electric Right -of -Way meeting. Attended the Tip -A -Cop fundraiser at Chili's for Special Olympics. Participated in the Donate Life run /walk. Attended a lunch meeting with O.C. Fire Authority Chief Richter. Attended an O.C. Fire Authority CIP Ad Hoc Committee meeting. Attended an ACC -OC monthly meeting. Attended the John F. Kennedy High School Scholarship dinner. Attended a special City Council meeting for conducting Commission interviews. Attended a West -Comm Board meeting. 7 CITY COUNCIL MINUTES MAY 23, 2011 185 Council Member Luebben: Attended the Cypress Recreation Park District youth basketball tryouts at Lexington Junior High School. Attended a youth swim meet at Canyon High School in Anaheim. Wished Chief Yokoyama well and thanked him for his service to the City. ITEMS FROM CITY MANAGER: The City Manager announced the appointment of Jackie Gomez Whiteley to the position of Chief of Police. Mayor Mills reminded of the Memorial Day holiday on May 30 ADJOURNMENT: Mayor Mills adjourned the meeting in memory of Chris Sherrin at 8:17 p.m. to Monday, June 13, 2011, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8