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Minutes 2011-11-28MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 28, 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 Assistant City Attorney Lindsay Tabaian 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 Real Property Negotiators, 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. 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), Cypress School District v. City of Cypress, Case Number 30- 2011- 00522871, 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 6:32 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 7:07 p.m. by Mayor Mills. 262 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 Assistant City Attorney Lindsay Tabaian Assistant City Manager /Director of Finance and Administrative Services Richard Storey Director of Community Development Ted Commerdinger Police Chief Jackie Gomez - Whiteley Public Works Director Doug Dancs Recreation Superintendent Dena Diggins CITY COUNCIL MINUTES NOVEMBER 28, 2011 263 Assistant City Engineer Kamran Dadbeh Assistant Planner Judy Aquino Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Seymore. INVOCATION: The invocation was given by Mayor Mills. PRESENTATIONS: The Mayor presented a Certificate of Special Recognition to Recreation Program Instructors Ginger Anderson, Nancy Jennings, and Kathi Wegener in recognition of 30 years of contract class instruction with the City of Cypress. Jackie Filbeck, Assemblyman Norby's Office, presented certificates to the instructors. The meeting was recessed at 7:23 p.m. The meeting was reconvened at 7:26 p.m. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The Assistant 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 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. She stated that no reportable action was taken. The Assistant 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), Cypress School District v. City of Cypress, Case Number 30- 2011- 00522871, Orange County Superior Court. She stated that a privileged and confidential briefing was held and that no reportable action was taken. 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. She stated that the City Council made a recommendation for legal interpretation from the Fair Political Practices Commission and unanimously authorized sending of a letter. 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 Godges, Southern California Edison, presented a Resolution of Appreciation to the City. Marielien Yarc, Cypress Chamber of Commerce, spoke regarding upcoming activities and events. Phyllis Campbell, Cypress, spoke regarding the selling of surplus Cypress School District property. Kay Stayton, Cypress, spoke regarding the Cypress School District surplus property. 2 CITY COUNCIL MINUTES NOVEMBER 28, 2011 264 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 -06, A REQUEST TO ESTABLISH A FAST FOOD MEXICAN RESTAURANT LOCATED AT 6178 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE AND CV CAMPUS VILLAGE DISTRICT OF THE LINCOLN AVENUE SPECIFIC PLAN. The Assistant Planner provided background information on this item. Council Member Luebben asked about additional locations in other cities and any problems with those restaurants. He inquired about the onsite posting at the location. The Assistant Planner stated that there is onsite posting at the location and that Public Hearing notices are posted 10 days in advance. Mayor Pro Tem Seymore asked if a grease interceptor must be installed. The Assistant Planner responded that a grease interceptor must be installed at the location. The public hearing was opened. Juan Rendon, representing the applicant Teresa Herrarte, stated that the applicant accepts the conditions of approval and provided information on the history of the restaurant. Council Member Luebben stated the he feels that the applicant would be a good addition to the City. Mayor Mills asked if there was anyone who wished to speak in favor of the item. The following spoke in favor of the item: Phyllis Campbell, Cypress Kay Stayton, Cypress 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. 2011 -06, 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. 6271 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING CONDITIONAL USE PERMIT NO. 2011 -06 — 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. 3 CITY COUNCIL MINUTES NOVEMBER 28, 2011 265 Council Member Bailey requested Agenda Item No. 12 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 through 11. 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 NOVEMBER 14, 2011. Recommendation: That the City Council approve the Minutes of the Meeting of November 14, 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: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 13, ARTICLE IV OF THE CYPRESS MUNICIPAL CODE. 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. ORDINANCE NO. 1129 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. 5: PROCLAMATION HONORING THE CITY OF VILLA PARK ON ITS 50TH ANNIVERSARY. Recommendation: That the City Council officially recognize the City of Villa Park on its 50th Anniversary. Item No. 6: SECOND AMENDMENT TO DEVELOPMENT AGREEMENT. Recommendation: That the City Council approve the Second Amendment to Development Agreement and authorize the Mayor to execute it as presented. Item No. 7: ACCEPTANCE OF A DONATION FROM HERBERT A. BARRINGTON. Recommendation: That the City Council accept the donation of one (1) Springfield Armory XD .45 caliber handgun with magazine from Mr. Herbert A. Barrington, a Cypress resident. The donated weapon will be used as needed for training and law enforcement purposes. Item No. 8: ADOPTION OF RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY UNDER THE ENVIRONMENTAL CLEANUP TIER 1 GRANT PROGRAM, FROM THE CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT, CIP PROJECT NO. 2011 -06. Recommendation: That the City Council adopt the Resolution by title only, authorizing expenditure of funds from the Orange County Transportation Authority (OCTA) under the Environmental Cleanup Tier 1 Grant Program, for the Citywide Automatic Retractable Screen Project, CIP Project No. 2011 -06. 4 CITY COUNCIL MINUTES NOVEMBER 28, 2011 266 RESOLUTION NO. 6272 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING EXPENDITURE OF FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR CITYWIDE AUTOMATIC RETRACTABLE SCREEN PROJECT, CONSISTENT WITH THE MASTER FUNDING AGREEMENT (C -1 -2760) DATED AUGUST 30, 2011 AND LETTER AGREEMENT NO. 1 (C -1 -2760) DATED SEPTEMBER 8, 2011. Item No. 9: A RESOLUTION ADOPTING MEAUSRE M2 EXPENDITURE REPORT FOR FISCAL YEAR 2010 -11. Recommendation: That the City Council adopt the Resolution by title only, providing the required Expenditure Report for Measure M2 Funds to the Orange County Transportation Authority (OCTA). RESOLUTION NO. 6273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE MEASURE M2 FISCAL YEAR ENDED JUNE 30, 2011 EXPENDITURE REPORT FOR THE CITY OF CYPRESS, CALIFORNIA. Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER, 2011. Recommendation: That the City Council receive and file the Investment Report for the month of October, 2011. Item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 20092 THROUGH 20215. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2011 -12. Recreation and Park District Matters: Regarding Item No. 12: CONSIDERATION OF ADOPTION OF AMENDMENTS TO VARIOUS SECTIONS OF THE ATHLETIC FACILITY ALLOCATION, USAGE, AND SCHEDULING POLICY, Council Member Bailey asked for clarification of the amendments as they relate to water quality. The Recreation Superintendent stated that the proposed amendments are being brought forward in order to address recent violations for non - compliance related to snack bar use and grease being dumped down the drain. It was moved by Council Member Bailey and seconded by Mayor Pro Tem Seymore, that the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District, adopt the proposed amendments to various sections of the current Athletic Facility Allocation, Usage, and Scheduling Policy. 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 NEW BUSINESS: No items. END OF CONSENT CALENDAR 5 CITY COUNCIL MINUTES NOVEMBER 28, 2011 267 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. Ted Manos, Cypress, spoke regarding the sale of the Cypress School District surplus property. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Mills requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended the Cypress Recreation Youth Basketball skills assessment at Lexington Junior High School. Attended the Los Alamitos State of the City luncheon. Attended a special meeting of the SCAG Energy and Environment Committee. Attended the 2012 Cypress College Americana Awards kick -off event. Attended the retirement celebration for Bob Snow. Attended the Long Beach Junior Crew's Ergathon. Mayor Pro Tem Seymore: Attended a West -Comm Board meeting. Attended the Los Alamitos State of the City luncheon. Attended the O.C. Fire Authority Academy 37 graduation. Attended an O.C. Fire Authority Board meeting. Attended the Holiday Bazaar craft fair at the Cypress Community Center. Council Member Bailey: Attended the Los Alamitos State of the City luncheon. Attended the retirement celebration for Bob Snow. Council Member Narain: Attended the 2012 Cypress College Americana Awards kick -off event. Attended an O.C. Sanitation District Board meeting. Attended the retirement celebration for Bob Snow. Attended a meeting with the Anaheim Union High School District. Attended the Holiday Bazaar craft fair at the Cypress Community Center. Mayor Mills: Attended the Los Alamitos State of the City luncheon. Attended the Cypress College Americana Awards kick -off event. Attended the City of Buena Park Mayor's Prayer Breakfast. Attended the retirement celebration for Bob Snow. Attended the Holiday Bazaar craft fair at the Cypress Community Center. Attended a cap and trade presentation regarding global warming and levying taxes to fund businesses. Attended the City of Garden Grove Mayor's Prayer Breakfast. Attended the Regional Military Affairs Committee meeting. ITEMS FROM CITY MANAGER: No items. 6 CITY COUNCIL MINUTES NOVEMBER 28, 2011 268 ADJOURNMENT: Mayor Mills adjourned the meeting at 8:11 p.m. to Monday, December 12, 2011, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: CITY CLERK OF THE CITY OF CYPRESS 7 MA OR OFT E OF CYPRESS