Minutes 2012-07-09380
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
July 9, 2012
A regular meeting of the Cypress City Council was called to order at 6:30 p.m. by Mayor
Bailey in the Council Chambers, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Successor Agency Counsel Dan Slater
Assistant City Manager /Director of Finance and Administrative Services Richard Storey
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
CITY OF CYPRESS /SUCCESSOR AGENCY ITEMS:
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), (b)(1)(3)(A), and (c).), Number of Cases:
One.
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 7:10 p.m. by
Mayor Bailey.
Members present:
Mayor Doug Bailey
Mayor Pro Tem Prakash Narain
Council Member Phil Luebben
Council Member Leroy Mills
Council Member Todd Seymore
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Manager /Director of Finance
Police Chief Jackie Gomez - Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Assistant Finance Director Matt Burton
Planning Manager Doug Hawkins
Assistant Planner Judy Aquino
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
and Administrative Services Richard Storey
CITY COUNCIL MINUTES
JULY 9, 2012 381
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
The Police Chief introduced new Cypress Police Officer Shaheen E. Shaheen.
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 /Successor Agency met in Closed
Session regarding Conference with Legal Counsel — Anticipated Litigation, pursuant to
Government Code Section 54956.9(b)(1), (b)(1)(3)(A), and (c).), Number of Cases:
One. He stated that the City Council received a privileged and confidential briefing and
unanimously elected not to initiate litigation and to pursue an alternate strategy.
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 Bailey asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Paulo Morales, Cypress Police Department, spoke regarding the Orange County
Mothers Against Drunk Drivers (MADD) annual fundraising golf tournament.
Marielien Yarc, Cypress Chamber of Commerce, spoke regarding 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: PUBLIC HEARING REGARDING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2006 -01, A REQUEST TO EXTEND THE HOURS OF OPERATION AND
ALLOW OUTDOOR DINING FOR AN EXISTING KOREAN STYLE RESTAURANT
LOCATED AT 4450 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE
AND LINCOLN AVENUE SPECIFIC PLAN.
The Assistant Planner provided background information on this item.
Mayor Pro Tem Narain asked about other restaurants in the City that remain open as
late.
The Assistant Planner stated that there are no other restaurants in the City that are
open as late, however, there are a couple of bars that are open until 2:00 a.m.
Council Member Seymore asked about preventing alcohol consumption in the patio
area.
The Assistant Planner stated that larger signage regarding alcohol consumption
restrictions could be added to the conditions of approval.
Mr. Jonathan Kwang, representing the applicant, stated that the request is for extending
the hours of operation on Fridays and Saturdays to meet customer needs.
Mayor Pro Tem Narain asked if the applicant owned any other restaurants that are
open as late.
Mr. Kwang stated that the applicant does not own any other restaurants.
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CITY COUNCIL MINUTES JULY 9, 2012 382
Council Member Seymore asked how long the applicant has owned the restaurant.
Mr. Kwang replied that the applicant has owned the restaurant for nearly one year.
Council Member Mills asked about the need to keep the restaurant open until 2:00 a.m.
Mr. Kwang stated that the restaurant caters to the Korean community who typically work
later and that serving alcohol is not the sole purpose.
Council Member Mills asked the Police Chief for her opinion on the proposed extension
of hours.
The Police Chief stated that there are only a few businesses in the City that stay open
until 2:00 a.m. and suggested that the permit be issued on a trial basis for monitoring
purposes.
Council Member Mills requested that a report be brought back to the City Council in
three months if the item is approved.
Council Member Seymore clarified that the time extension request is for Friday and
Saturday nights only and that the other days closure would remain 12:00 a.m.
Mr. Kwang responded in the affirmative.
Council Member Luebben asked about the percentage of food sales versus alcohol.
He stated his concern is that the restaurant will transition into more alcohol sales rather
than food.
The applicant stated that the percentage of food sales is approximately 80% and the
percentage of alcohol sales is approximately 20 %.
Mayor Bailey asked if the applicant accepted the conditions of approval.
The applicant responded in the affirmative.
The public hearing was opened.
Mayor Bailey asked if there was anyone who wished to speak in favor of the item.
Mayor Bailey asked if there was anyone who wished to speak against the item.
The public hearing was closed.
Mayor Pro Tem Narain asked about the window sign conditions and what language it
would be in.
The Assistant Planner indicated that window signage conditions would be added to the
permit and that outside signage must meet the center's sign criteria. She stated that
the signage language would have to be split equally between English and Korean.
It was moved by Council Member Seymore and seconded by Council Member
Luebben, that the City Council adopt the Resolution by title only, approving Amendment
to Conditional Use Permit No. 2006 -01, 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: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY COUNCIL MINUTES
RESOLUTION NO. 6321
JULY9,2012 383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2006 -01 — 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 Council Member Seymore and seconded by Council Member
Luebben, to approve Consent Calendar Items No. 2 through 9.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
JUNE 19 AND JUNE 25, 2012.
Recommendation: That the City Council approve the Minutes of the Meetings of June
19 and June 25, 2012, 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: ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION HELD ON JUNE 5, 2012.
Recommendation: That the City Council adopt the Resolution by title only, declaring
the results of the June 5, 2012 Special Municipal Election, with the attached Certificate
of the Orange County Registrar of Voters' Canvass of the Special Municipal Election
Returns.
RESOLUTION NO. 6322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL
ELECTION HELD ON JUNE 5, 2012, DECLARING THE RESULTS AND
SUCH MATTERS AS PROVIDED BY LAW.
Item No. 5: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON -CALL
CONTRACT FOR ENGINEERING STORM DRAIN DESIGN SERVICES FOR
ASPEN /GRAHAM/WALKER STORM DRAIN, PUBLIC WORKS PROJECT NO. 86.
Recommendation: That the City Council: 1) Approve a Task Order in the amount of
$512,989 for engineering design services for the Aspen /Graham/Walker Storm Drain,
Public Works Project No. 86, to AKM Consulting Engineers (AKM), Irvine, California; and
2) Authorize $76,900 as contingency to be used for unforeseen work; and 3) Direct the
Director of Public Works /City Engineer to act as Contract Officer.
Item No. 6: AWARD OF CONSTRUCTION CONTRACT, AWARD OF TASK ORDER
FOR CONSTRUCTION INSPECTION SERVICES, AND APPROVAL OF A JOINT
AGREEMENT WITH THE CITY OF BUENA PARK FOR THE VALLEY VIEW
STREET /BALL ROAD STORM DRAIN IMPROVEMENTS, PUBLIC WORKS PROJECT
NO. 79.
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CITY COUNCIL MINUTES JULY 9, 2012 384
Recommendation: That the City Council: 1) Award a contract for the Valley View
Street/Ball Road Storm Drain Improvements, in the amount of $475,030, to the lowest
responsible bidder Mike Bubalo Construction Company, Inc. (Bubalo Construction),
Baldwin Park, CA; authorize a contingency of $71,260 (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 $65,408, within the
existing agreement for On -Call Construction Management/Inspection /Engineering
Services, for the Valley View Street/Ball Road Storm Drain Improvements, to AKM
Consulting Engineers (AKM); authorize a contingency of $9,810 (15% of contract amount)
to be used for unforeseen work; and direct the Director of Public Works /City Engineer to
act as Contract Officer; and 3) Approve an agreement with the City of Buena Park for
sharing the cost of storm drain improvements on Valley View Street and authorize the
Mayor to execute the agreement.
Item No. 7: SPECIAL TAX LEVY FOR FY 2012 -13 WITHIN COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS.
Recommendation: That the City Council, acting as the legislative body of Community
Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for Fiscal
Year 2012 -13 within the District by adopting the Resolution by title only, and authorize the
Mayor to sign the Proposition 218 Certification.
RESOLUTION NO. 6323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE
CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A
SPECIAL TAX FOR FISCAL YEAR 2012 -2013 WITHIN SUCH
COMMUNITY FACILITIES DISTRICT.
Item No. 8: ORANGE COUNTY GRAND JURY REPORT — "THE DISSOLUTION OF
REDEVELOPMENT: WHERE HAVE WE BEEN? WHAT LIES AHEAD ?"
Recommendation: That the City Council receive and file the report responses to the
Orange County Grand Jury and authorize the Mayor to send the responses to the Grand
Jury on behalf of the City Council.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2011 -12 FOR WARRANTS NO. 22556 THROUGH
22733.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2011 -12.
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.
SUCCESSOR AGENCY TO THE CYPRESS REDEVELOPMENT AGENCY MATTERS:
The Cypress City Council, Acting as the Successor Agency to the Cypress
Redevelopment Agency.
No items.
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CITY COUNCIL MINUTES JULY 9, 2012 385
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Bailey requested reports from the Council Members on their respective
committee assignments.
Council Member Luebben:
Asked about the status of the Goodwill drop -off location at the Los Alamitos Race
Track. Attended a SCAG Audit Committee meeting. Attended a SCAG Energy and
Environment Committee meeting. Spoke regarding the recent City Council Candidate
Workshop and upcoming election.
Mayor Pro Tem Narain:
Attended an O.C. Sanitation District Board meeting. Attended the Fourth of July
celebration at the Joint Forces Training Base and asked about feedback regarding
parking at the event. He suggested that handicapped parking be closer.
The Recreation and Community Services Director stated that the host cities have not
yet held a meeting regarding this year's Fourth of July celebration. She indicated that
this year's event attendance was higher than years past and that an effort to move the
show to the center of the property was denied by the Base.
Council Member Seymore:
Attended the groundbreaking ceremony for the CenterStone Harmony housing project.
Attended the retirement luncheon for City employees. Attended an O.C. Fire Authority
Board meeting. Attended the Concert on the Green. Attended the Fourth of July
celebration at the Joint Forces Training Base.
Council Member Mills:
Attended a SCAG Audit Committee meeting. Attended the groundbreaking ceremony
for the CenterStone Harmony housing project. Attended an OCCOG Board of Directors
meeting. Attended a SCAG Regional Council and Joint Policy Committee meeting.
Attended the retirement ceremony for eight military personnel.
ITEMS FROM CITY MANAGER:
The City Manager stated that a second orientation for the official City Council
candidates and any interested members of the public will be held on August 22, 2012.
ADJOURNMENT: Mayor Bailey adjourned the meeting at 7:52 p.m. to Monday, July 23,
2012, beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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R OF TH OF CYPRESS