Minutes 2011-11-14MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 14, 2011
A regular meeting of the Cypress City Council was called to order at 5:30 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
Director of Community Development Ted Commerdinger
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
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: Two.
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(e), Number of Cases: One.
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), People of the State of California v. Effat Youssef, Case Number
11WM13841, Orange County Superior Court, West Justice Center.
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.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiations, pursuant to Government Code
Section 54956.8), Real Property Identified by APN Numbers 241 - 091 -22 through 26,
Inclusive, Located at the Northwest Corner of Katella Avenue and Winners Circle,
Negotiating Party: Director of Community Development, Under Negotiation: Price and
Terms of Payment.
At 5:32 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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CITY COUNCIL MINUTES NOVEMBER 14, 2011 255
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 PhD 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
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Police Captain Ed Bish
Assistant City Engineer Kamran Dadbeh
Water Quality Manager Gonzalo Vazquez
Redevelopment Project Manager Steve Clarke
Assistant Planner Judy Aquino
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Narain.
INVOCATION: The invocation was given by Mayor Mills.
PRESENTATIONS:
The Police Captain introduced new Cypress Police Lieutenant Steven Ramsey.
Carol Turpin, Orange County Human Relations Council, provided an annual update for
Fiscal Year 2010 -2011.
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 — Anticipated Litigation, pursuant to Government Code
Section 54956.9(b)(1) & (3)(A), Number of Cases: Two. He stated that facts and
circumstances that could give rise to the exposure of litigation were discussed. He
indicated that a strategy was discussed with the City Council and authorization was
received to pursue such a strategy.
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(e), Number of Cases: One. He stated that the City Council unanimously
authorized the City to join with certain other cities to challenge the upcoming Golden State
Water Company case on a basis of not to exceed $5,000 in City Attorney's fees.
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), People of the State of California v. Effat Youssef, Case Number
11WM13841, Orange County Superior Court, West Justice Center. He stated that a
litigation strategy was discussed and that the City Council provided direction as to how to
conclude this litigation which will be implemented tomorrow.
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 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,
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CITY COUNCIL MINUTES NOVEMBER 14, 2011 256
Negotiating Party: City Manager, Assistant City Manager, and Director of Community
Development, Under Negotiation: Terms and Conditions of Development Agreement. He
stated that City staff provided a privileged and confidential briefing and that there was no
reportable action taken although the City Council did provide direction.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Real Property Negotiations, pursuant to Government Code Section
54956.8), Real Property Identified by APN Numbers 241 - 091 -22 through 26, Inclusive,
Located at the Northwest Corner of Katella Avenue and Winners Circle, Negotiating Party:
Director of Community Development, Under Negotiation: Price and Terms of Payment.
He stated that a privileged and confidential briefing was provided with no reportable
action.
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, spoke regarding upcoming activities and
events.
Jeff Hooman, Cypress, spoke regarding Southern California Edison Smart Meter
installation.
Barton Harlan, spoke regarding the 2012/2013 Orange County Grand Jury recruitment.
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 ZONING ORDINANCE AMENDMENT NO.
2011 -02, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060.H.2,
4.19.070.H.3, AND 4.19.080.1.2, OF THE CYPRESS ZONING CODE RELATED TO
INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL
USE PERMITS, AND VARIANCES.
The Assistant Planner provided background information on this item.
Mayor Mills asked about the inquiries received by the developers.
The Community Development Director stated that there are developers in the north part of
the City who wish to keep their options open and prefer not to make a second full
application for the same project, costing them time and money.
Council Member Bailey asked for clarification about the time extensions.
The Assistant Planner stated that time extensions would be placed on the Consent
Calendar for City Council approval.
The Community Development Director indicated that this would be another "business
friendly" method where applicants could receive extensions quickly and at minimal cost.
Council Member Luebben asked about staff requesting permanent changes for temporary
conditions.
The Community Development Director stated this is the first and hopefully last request,
and if the City Council so desires, staff could bring back a proposal.
Mayor Pro Tem Seymore asked what the gain would be by this action.
The Community Development Director replied that this action gives the option of going
further if warranted or regenerating a subdivision map and most likely not have to
generate a new set of architectural plans, or there could be denial.
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CITY COUNCIL MINUTES
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.
NOVEMBER 14, 2011 257
Council Member Narain stated that he has problems with unlimited extensions and
requested that the applicant appear before the City Council.
Council Member Luebben stated that he does not believe the extensions are a good idea
and expressed concerns with too much procrastination and incompleteness with
development projects. He commented that the current Zoning Ordinance has worked well
and that he is not in favor of the extensions and would not be supporting it.
It was moved by Council Member Luebben and seconded by Mayor Mills, that the City
Council deny Zoning Ordinance Amendment No. 2011 -02.
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: PUBLIC HEARING REGARDING REVIEW OF THE FISCAL YEAR 2012-
2013 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION.
The Redevelopment Project Manager provided background information on this item.
Mayor Pro Tem Seymore stated that he will be recusing himself due to his living within
500 feet of the Aspen Street/Walker Street Storm Drain Improvement Design.
Mayor Pro Tem Seymore left the Council Chambers.
Council Member Bailey asked about the process for soliciting project requests from the
public at large.
The Redevelopment Project Manager indicated that a public hearing was held with no
public in attendance.
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 Bailey, that
the City Council: 1) Hold a public hearing to review the project list for Community
Development Block Grant (CDBG) funding for Fiscal Year 2012 -2013 and allow for citizen
input regarding project proposals; and 2) Adopt the Resolution by title only, approving the
City's participation in the Fiscal Year 2012 -2013 Community Development Block Grant
(CDBG) Program with the County of Orange, and authorize the Mayor to sign the grant
request on behalf of the Cypress City Council.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4 COUNCIL MEMBERS: Bailey, Luebben, Narain, and Mills
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
1 COUNCIL MEMBERS: Seymore
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CITY COUNCIL MINUTES NOVEMBER 14, 2011 258
Mayor Pro Tem Seymore did not participate in this action due to his ownership of property
in proximity to one of the project areas.
RESOLUTION NO. 6270
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR
2012 -2013 HOUSING AND COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) PROGRAM WITH THE
COUNTY OF ORANGE.
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.
Council Member Luebben requested Agenda Item No. 10 be pulled from the Consent
Calendar.
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore, to
approve Consent Calendar Items No. 3 through 9 and 11 through 13.
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 MEETING OF
OCTOBER 24, 2011.
Recommendation: That the City Council approve the Minutes of the Meeting of October
24, 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: INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 13,
ARTICLE IV OF THE CYPRESS MUNICIPAL CODE ENTITLED CYPRESS WATER
QUALITY.
Recommendation: That the City Council introduce for first reading the Ordinance by title
only, amending Chapter 13, Article IV of the Cypress Municipal Code Entitled Cypress
Water Quality defining "Illegal Discharges" and establishing a list of discharge exemptions
pursuant to the National Pollutant Discharge Elimination System (NPDES) Permit.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS
MUNICIPAL CODE ENTITLED CYPRESS WATER QUALITY.
Item No. 6: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 13,
ARTICLE IV OF THE CYPRESS MUNICIPAL CODE ENTITLED CYPRESS WATER
QUALITY.
Recommendation: That the City Council adopt the Ordinance by title only, amending
Chapter 13, Article IV of the Cypress Municipal Code entitled Cypress Water Quality.
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CITY COUNCIL MINUTES NOVEMBER 14, 2011 259
ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS
MUNICIPAL CODE ENTITLED CYPRESS WATER QUALITY.
Item No. 7: PROCLAIMING NOVEMBER 2, 2011 AS "LAW ENFORCEMENT
RECORDS AND SUPPORT PERSONNEL DAY" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim November 2, 2011 as "Law
Enforcement Records and Support Personnel Day" in the City of Cypress.
Item No. 8: PROCLAIMING THE MONTH OF NOVEMBER 2011 AS "PANCREATIC
CANCER AWARENESS MONTH" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the month of November 2011
as "Pancreatic Cancer Awareness Month" in the City of Cypress.
Item No. 9: PROCLAIMING THE WEEK OF NOVEMBER 15 -21, 2011 AS
"ENTREPRENEURSHIP WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the City Council officially proclaim the week of November 15 -21,
2011 as "Entrepreneurship Week" in the City of Cypress.
Item No. 11: APPROVAL OF APPROPRIATIONS FOR FISCAL YEAR 2010 JUSTICE
ASSISTANCE GRANT (JAG).
Recommendation: That the City Council: 1) Approve an increase to the estimated
revenues in the General Fund Grants Fund account 114 - 99999.3525 (other grants) in the
amount of $8,774 for the 2010 Justice Assistance Grant (JAG) program; and 2) Approve the
appropriation of $8,774 from the unreserved fund balance of the General Fund Grants Fund
to account 114 - 50183.4113 (small tools and equipment) for the purchase of crime scene
investigation (CSI) cameras and electronic control devices from the 2010 JAG program.
Item No. 12: AWARD OF CONSTRUCTION CONTRACT AND APPROVAL OF TASK
ORDER FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR
THE FIBER OPTIC INSTALLATION AND UPGRADE TO CCTV SYSTEM ON
KATELLA/CERRITOS /WALKER /BALL (PHASE 2) PROJECT, PUBLIC WORKS
PROJECT NO. 2010 -09.
Recommendation: That the City Council: 1) Award a construction contract for the Fiber
Optic Installation and Upgrade to CCTV System on Katella /Cerritos/Walker /Ball (Phase 2)
Project, Public Works Project No. 2010 -09, in the amount of $395,500 to the lowest
responsible bidder, Pro Tech Engineering, Corona Del Mar, California, authorize a
contingency of $59,325 (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 $38,554, within the agreement for On -Call
Construction Management/Inspection /Engineering Services, for the Fiber Optic Installation
and Upgrade to CCTV System on Katella /Cerritos/Walker /Ball (Phase 2) Project, Public
Works Project No. 2010 -09, to Jacobs Field Services North America, Inc. (Jacobs),
authorize a contingency of $5,780 (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. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 19764 THROUGH 20091.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2011 -12.
Regarding Item No. 10: FILING OF LETTER OF NOTICE FROM CONSOLIDATED
DISPOSAL SERVICE FORGOING RATE INCREASES FOR FY 2011 -12, Council
Member Luebben stated that he is in favor of this item and read a portion of the letter from
Russell Dix, General Manager, Consolidated Disposal Service, referencing the one -time
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CITY COUNCIL MINUTES
NOVEMBER 14, 2011 260
abstention of the annual rate increase. He commented that Consolidated Disposal
Service has been a good business partner to the City.
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Seymore,
that the City Council receive and file the letter of notice from Consolidated Disposal
Service.
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
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.
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 Narain:
Attended the Cypress Police Volunteer Appreciation breakfast. Attended the Woman's
Club of Cypress' Suffrage celebration. Attended the Cypress Chamber of Commerce
mixer. Attended the Boys & Girls Club of Cypress fundraiser. Attended the Cypress
Chamber of Commerce Networking breakfast. Attended an event held by Congressman
Ed Royce. Attended the badge pinning ceremony for Lieutenant Steve Ramsey.
Council Member Luebben:
Attended a SCAG Audit Committee meeting. Attended a SCAG Regional and Policy
Committee meeting. Attended the Newport Autumn Rowing Festival in Newport Beach.
Attended the badge pinning ceremony for Lieutenant Steve Ramsey. Complimented
Cypress Recreation and Community Services on its youth basketball program.
Council Member Narain left the meeting at 7:50 p.m.
Mayor Pro Tem Seymore:
Attended an O.C. Fire Authority Board meeting. Attended the Cypress Police Volunteer
Appreciation breakfast. Attended the badge pinning ceremony for Lieutenant Steve
Ramsey. Attended the ACC -OC monthly meeting. Attended the Eagle Scout Court of
Honor for Isaiah Cabrera.
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CITY COUNCIL MINUTES NOVEMBER 14, 2011 261
Council Member Bailey:
Attended the Cypress Police Volunteer Appreciation breakfast. Attended the Woman's
Club of Cypress' Suffrage celebration. Attended the Boys & Girls Club of Cypress
fundraiser. Was the guest speaker at the Cypress Chamber of Commerce Networking
breakfast. Attended the quarterly BRACE meeting. Attended the badge pinning
ceremony for Lieutenant Steve Ramsey. Attended USC's homecoming football game.
Mayor Mills:
Attended the SCAG Audit Committee meeting. Attended the OCCOG Board of Directors
meeting. Attended the Cypress Police Volunteer Appreciation breakfast. Attended the
Woman's Club of Cypress' Suffrage celebration. Attended an ACC -OC Legislative
Committee meeting. Attended the Cypress Chamber of Commerce Networking breakfast.
Attended the Veterans Day tribute at the Cypress Senior Citizens Center. Attended the
ACC -OC monthly meeting. Stated that Cypress resident Young Sim Lim was killed in a
car accident this past Friday.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Mills adjourned the meeting at 8:04 p.m. to Monday, November
28, 2011, beginning at 5:30 p.m. in the Executive Bear• Room.
ATTEST:
I C^Lc ._ 06. Y
CITY CLERK OF THE CITY OF CYPRESS
8
MAYOR a, THE CITY OF CYPRESS