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Minutes 2012-08-13395 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 13, 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 Leroy Mills Council Member Todd Seymore Members absent: Council Member Phil Luebben Staff present: City Manager John Bahorski Assistant City Attorney Anthony Taylor ORAL COMMUNICATIONS: None. CLOSED SESSION: The Assistant 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), Dominguez v. City of Cypress, WCAB No. ADK4617027; ADJ101968; ADJ211528; ADJ4708073; ADJ3615469, Claim No. 066- 02- 00001; 066 -04- 00001; 066 -04- 00005. The Assistant 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), Smith v. City of Cypress, WCAB No. ADJ620339, Claim No. 066 -06- 00003. 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 7:02 p.m. by Mayor Bailey. Members present: Mayor Doug Bailey Mayor Pro Tem Prakash Narain Council Member Leroy Mills Council Member Todd Seymore Members absent: Council Member Phil Luebben Staff present: City Manager John Bahorski Assistant City Attorney Anthony Taylor Public Works Director /Acting Director of Community Development Doug Dancs Recreation and Community Services Director June Liu Police Lieutenant Rod Cox Assistant Finance Director Matt Burton Planning Manager Doug Hawkins Redevelopment Project Manager Steve Clarke CITY COUNCIL MINUTES AUGUST 13, 2012 396 Associate Planner Kori Nevarez Assistant Planner Judy Aquino Administrative Services Manager Andrew Tse City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Narain. INVOCATION: The invocation was given by Council Member 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 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), Dominguez v. City of Cypress, WCAB No. ADK4617027; ADJ101968; ADJ211528; ADJ4708073; ADJ3615469, Claim No. 066 -02- 00001; 066- 04- 00001; 066 -04- 00005. He stated that settlement options were discussed with no reportable action 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), Smith v. City of Cypress, WCAB No. ADJ620339, Claim No. 066 -06- 00003. He stated that settlement options were discussed with no reportable action 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 Bailey 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 upcoming activities and events. Don Seward, Cypress, spoke regarding having a dog park in the City. 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. 2012 -06, A REQUEST TO OPERATE A PET GROOMING SHOP LOCATED AT 4752 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE. The Associate Planner provided background information on this item. The public hearing was opened. The applicants, David Lee and Jennifer Lee, stated that they agreed to the conditions of approval. Council Member Seymore asked about animals staying overnight. The Associate Planner stated that animals would not be permitted overnight. Council Member Mills asked how contentious animals are handled in the facility. Mr. Lee stated that they have experience with all breeds of canines and that muzzles would be used, if necessary. 2 CITY COUNCIL MINUTES AUGUST 13, 2012 397 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. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2012 -06, subject to the conditions in Exhibit "A" of the Resolution. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben RESOLUTION NO. 6326 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2012 -06 - WITH CONDITIONS. Item No. 2: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 93 -14, A REQUEST TO UPGRADE AN EXISTING BEER AND WINE LICENSE TO AN ON -SALE GENERAL ALCOHOL LICENSE FOR CAMPUS BILLIARDS LOCATED AT 9111 VALLEY VIEW STREET, SUITES 107 AND 108, IN THE PC PLANNED COMMUNITY ZONE AND THE LINCOLN AVENUE SPECIFIC PLAN AREA. The Public Works Director /Acting Director of Community Development stated that the Assistant Planner and Police Lieutenant would be giving tonight's report, along with a summary by the City Attorney with the City Council having the option to approve or deny the request. The Assistant Planner provided background information on this item. The Police Lieutenant discussed the Police Department concerns regarding the permit including the impacts on Police District 16 that is considered a high crime area and that reported crimes in the area are 180% above the City -wide average. He indicated that many of the calls for service were directly related to Campus Billiards and that District 16 is the second highest crime District with District 17, adjacent to District 16, being the highest. The Police Lieutenant stated that the serving of hard liquor under a Type 48 license without substantial food sales accounted for 32 driving under the influence (DUI) arrests over an approximate three -year period. He stated that it can be reasonably projected that Campus Billiards would not only reach double -digit DUI figures, but those figures could be higher than the other Type 48 establishments based on a larger venue. He stated that Campus Billiards has indicated that their happy hour would offer distilled spirits at a reduced rate encouraging the consumption of more alcohol in a shorter period of time, thus, further increasing the potential and increase for DUI's and other calls for service. He stated that this projected increase in DUI's would impact police resources by taking officers out of the field and away from other policing needs. The Police Lieutenant spoke of additional concerns including the lack of on -site security personnel and that the business owner has not indicated plans to hire on -site security which increases the probability that Police Department resources would be adversely impacted. The Assistant City Attorney stated there was one clarification to Condition No. 15 to the amendment concerning providing adequate staffing in that it is consistent with Condition No. 36 which requires security personnel. 3 CITY COUNCIL MINUTES AUGUST 13, 2012 398 Council Member Seymore asked if one of the locations discussed by the Police Lieutenant was the bar where a pool cue beating death occurred. The Police Lieutenant responded in the affirmative. Council Member Mills asked about the percentage of alcohol content of beer and wine. The Public Works Director /Acting Director of Community Development clarified that Type 48 permits are general alcohol licenses allowing for the sale of spirited alcohol, whereas, beer and wine are only reflective of beer and wines. He stated that the establishment currently can sell only beer and wine and that the proposal is to sale various spirits The City Manager stated that the general range of alcohol content would be approximately 12% - 14% for beer and wine. Council Member Mills asked about Condition No. 51 regarding a training program and who establishes acceptability of the program. The Police Lieutenant stated that an acceptable class for bar owners and employees would be the LEAD training class provided by the Alcoholic Beverage Control (ABC). Mayor Pro Tem Narain asked about the high crime in District 16. The Police Lieutenant responded that District 16 includes all crimes and that a high crime is 20% over the average number of crimes. Mayor Pro Tem Narain asked about the crime statistics where the other Type 48 licenses are located. The Police Lieutenant replied that he does not have that data with him tonight. Mayor Pro Tem Narain asked if the City Council would have the ability to revoke the permit. The Assistant City Attorney stated that the Conditional Use Permit stays with the land and that revocation would be through a public hearing process. Mayor Bailey asked about the location and size of the other Type 48 licensed establishments in the City. The Police Lieutenant stated that the other Type 48 businesses are located on Lincoln Avenue and that they are facilities that are smaller than Campus Billiards. He stated that the crime rate in those locations is high and that they are not full service restaurants but snack type foods are served. The public hearing was opened. The applicant, Dan Crivat, provided a brief background on himself and the business, and stated that he agrees with the conditions of approval. He addressed the calls for service to the Police Department, indicating that the amount of calls should be distributed among the nine businesses within that area with consideration to the incidents that occurred outside of the establishment. Mr. Crivat provided the City Council with online reviews indicating high ratings of Campus Billiards. He assured that bouncers would monitor attendees and that the doors are equipped with alarms. Council Member Mills asked about the number of drinks per customer and how the alcohol consumption will be controlled. Mr. Crivat responded that alcohol consumption would vary from person to person, but would typically be based on one drink per hour. 4 CITY COUNCIL MINUTES AUGUST 13, 2012 Council Member Mills stated that if approved, he would like Condition No. 54 to stipulate a period of time before the shift that employees and contract security personnel are prohibited from consuming alcoholic beverages. Council Member Seymore asked if anyone under the age of 21 is allowed in the location. Mr. Crivat stated that the age restriction would remain 21 years of age and older. Mayor Bailey asked if the applicant agreed to the conditions as amended. Mr. Crivat responded in the affirmative. Mayor Bailey asked if the nature of the business is changing from a pool hall to a bar. Mr. Crivat stated that a variety of activities and alcohol service would be offered in order to account for an increase in business costs. Council Member Seymore stated that he feels that it is up to the applicant to make the location trendy and that he does not see the need to add more alcohol than simply beer and wine. Mayor Bailey asked if there was anyone who wished to speak in favor of the item. Herb Andrews, Campus View Center, stated that he is in favor of approval for the tenant at his center. Mayor Bailey asked if there was anyone who wished to speak against the item. The public hearing was closed. Council Member Mills stated that he has safety concerns approving the Type 48 license at the location. Mayor Pro Tem Narain stated that he is concerned with the safety of the community and the business being in a high crime area. He is in favor of denying the amendment. Mayor Bailey stated that Cypress is a business friendly community and cooperative with uses in the City. He stated that in 2005 the applicant purchased a billiard hall and it is not a stand -alone bar, which is not in the best interest of the community. He encouraged the applicant to come forward with another business plan that would be more conducive to the area and community. Mayor Bailey indicated that he is in favor of denying the amendment. It was moved by Council Member Mills and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, denying Amendment to Conditional Use Permit No. 93 -14, based upon the findings contained therein. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben RESOLUTION NO. 6327 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING AMENDMENT TO CONDITIONAL USE PERMIT NO. 93 -14 FOR THE ADDITION OF ON -SALE GENERAL ALCOHOL SALES AS CAMPUS BILLIARDS. 5 399 CITY COUNCIL MINUTES AUGUST 13, 2012 Item No. 3: PUBLIC HEARING RELATING TO THE CITIZENS' OPTION FOR PUBLIC SAFETY /SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND. The Police Lieutenant provided background information on this item. Council Member Mills asked if the funds are at risk due to the current status of the state budget. The City Manager stated that there is a relatively low risk for elimination of the funds. 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. It was moved by Council Member Seymore and seconded by Mayor Bailey, that the City Council: 1) Conduct a public hearing consistent with the legal mandates associated with the Citizens' Option for Public Safety /Supplemental Law Enforcement Services Fund; and 2) Approve the continued use of grant funds for one (1) Police Services Officer position, which was approved in Fiscal Year 1999 -2000. These funds, $73,074, will pay for the Police Services Officer's salary for Fiscal Year 2012 -2013; and 3) Approve the continued use of the remaining funds for one (1) Police Officer position, which was approved during Fiscal Year 2001 -2002. These remaining funds, estimated to be $26,926, will pay for a portion of that officer's salary for Fiscal Year 2012 -2013. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben RESOLUTION NO. 6328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, APPROVING AN INCREASE OF ESTIMATED REVENUES FOR FISCAL YEAR 2012 -2013 IN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND TO BE USED TO PAY FOR THE SALARY OF A POLICE SERVICES OFFICER AND A PORTION OF THE SALARY FOR A POLICE OFFICER. 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 Mills requested that Agenda Item No. 11 be pulled from the Consent Calendar. It was moved by Council Member Seymore and seconded by Mayor Pro Tem Narain, to approve Consent Calendar Items No. 4 through 10, 12, and 13. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben 6 400 CITY COUNCIL MINUTES AUGUST 13, 2012 401 Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JULY 23 AND JULY 30, 2012. Recommendation: That the City Council approve the Minutes of the Meetings of July 23 and July 30, 2012, as submitted. Item No. 5: MOTION TO INTRODUCE AND /OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 6: SECOND READING OF AN ORDINANCE AMENDING CYPRESS MUNICIPAL CODE § 21A -1 REGARDING THE PAYMENT OF PREVAILING WAGES. Recommended Action: That the City Council adopt the Ordinance by title only, amending the Cypress Municipal Code to exempt the City from the payment of prevailing wages under certain circumstances. ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AMENDING CYPRESS MUNICIPAL CODE § 21A -1 REGARDING THE PAYMENT OF PREVAILING WAGES. Item No. 7: CONSIDERATION OF APPOINTMENT TO FILL VACANCY ON THE TRAFFIC COMMISSION. Recommendation: That the City Council appoint Todd Overturf to fill the current vacancy on the Traffic Commission for the remainder of the four -year term ending on June 30, 2015. Item No. 8: CONSIDERATION OF THE ADOPTION OF A RESOLUTION IN SUPPORT OF CONTINUING ALL ELEMENTS OF THE RALPH M. BROWN ACT. Recommendation: That the City Council adopt the Resolution by title only, in support of continuing all elements of the Ralph M. Brown Act. RESOLUTION NO. 6329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN SUPPORT OF CONTINUING ALL ELEMENTS OF THE RALPH M. BROWN ACT. Item No. 9: ORANGE COUNTY GRAND JURY REPORT — "TRANSPARENCY BREAKING UP COMPENSATION FOG — BUT WHY HIDE PENSION COSTS ?" 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. 10: FILING OF COMMERCIAL AND INDUSTRIAL REFUSE RATES. Recommendation: That the City Council receive and file the commercial and industrial refuse rates. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011 -12 AND 2012 -13 FOR WARRANTS NO. 22876 THROUGH 23067. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2011 -12 and 2012 -13. 7 CITY COUNCIL MINUTES Recreation and Park District Matters: Item No. 13: APPROVAL OF AN AGREEMENT WITH COMMUNITY SENIORSERV, INC., FOR THE PROVISION OF THE SENIOR NUTRITION PROGRAM. AUGUST 13, 2012 402 Recommendation: That the City Council, acting as the ex- officio governing Board of Directors for the Cypress Recreation and Park District, approve a five -year agreement with Community SeniorServ, Inc., for the provision of a senior nutrition program for the period of July 1, 2012 through June 30, 2017. Regarding Item No. 11: CONSIDERATION OF CONSULTANT TASK ORDER FOR THE PREPARATION OF ENVIRONMENTAL DOCUMENTS FOR A PROPOSED INDUSTRIAL /OFFICE/WAREHOUSE DEVELOPMENT ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE, Council Member Mills stated that during the current difficult economic conditions, the amount of contingency should be reduced from 20 percent to 10 percent. The City Manager clarified that this is a development project and that the contingency is high because the applicant has an ill- defined scope. He stated that this project would be paid for by the developer and that the funds would be put into a trust account that would be drawn from. He indicated that the specific details are unclear and that the environmental documents could cost more or less than the $199,211 proposed based on the Environmental Impact Report (EIR) responses. The Public Works Director /Acting Director of Community Development stated that staff has met with the property owner with regard to this application and that the higher contingency is necessary in order to move forward with the project. He indicated that there would be a funding agreement. The City Manager stated that the contingency is for the consulting work and that the contingency may or may not be used. Council Members Mills suggested that the intent is that staff would come back to the City Council should the contingency get close to the 10 percent. The Public Works Director /Acting Director of Community Development responded that doing so could potentially delay the process and that a contingency of 20 percent for unforeseen work would move the project forward as quickly as possible. The City Manager reviewed Attachment "D" of the report and indicated that if the hourly rate for any of the described items increases, the increased cost would be from the project's contingency. Mayor Bailey asked if any of the items listed on Attachment "D" would be conducted by City staff. The City Manager responded that none of the items outlined in the attachment would be conducted by City staff. Council Member Seymore suggested an increase to the contingency. Council Member Mills stated the estimates should have built -in contingencies. The Public Works Director /Acting Director of Community Development stated that staff has estimated what is necessary for the land development and the consultant determines the estimated costs. The Assistant City Attorney stated that a reimbursement agreement would be necessary. 8 CITY COUNCIL MINUTES AUGUST 13, 2012 It was moved by Mayor Bailey and seconded by Mayor Pro Tem Narain, that the City Council: 1) Approve the Task Order with RBF Consulting for the preparation of environmental documents for the proposed Industrial /Office/Warehouse Development at a cost not to exceed $199,211; 2) Authorize a 20% contingency in the amount of $39,842 for unforeseen work, subject to the applicant's approval; and 3) Direct the Director of Public Works /Acting Director of Community Development to act as Contract Officer. The motion was unanimously carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben 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. It was moved by Successor Agency Member Seymore and seconded by Successor Agency Member Narain, to approve Consent Calendar Item No. 14. The motion was carried by the following roll call vote: AYES: 4 AGENCY MEMBERS: Mills, Seymore, Narain and Bailey NOES: 0 AGENCY MEMBERS: None ABSENT: 1 AGENCY MEMBERS: Luebben CONSENT CALENDAR Item No. 14: SUCCESSOR AGENCY ORGANIZATIONAL MATTERS AND RECOGNIZED OBLIGATION PAYMENT SCHEDULE ADOPTION. Recommendation: That the Successor Agency to the Dissolved Cypress Redevelopment Agency: 1) Adopt the Resolution by title only, setting forth organizational matters pertaining to the Successor Agency; and 2) Adopt the Resolution by title only, approving and adopting a Recognized Obligation Payment Schedule for the period January 1 through June 30, 2013. SUCCESSOR AGENCY RESOLUTION NO. SA -3 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY SETTING FORTH CERTAIN ORGANIZATIONAL MATTERS PERTAINING TO THE SUCCESSOR AGENCY. SUCCESSOR AGENCY RESOLUTION NO. SA -4 A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED CYPRESS REDEVELOPMENT AGENCY APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE PERIOD OF JANUARY 1, 2013 THROUGH JUNE 30, 2013. 9 403 CITY COUNCIL MINUTES AUGUST 13, 2012 404 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 Seymore: Attended an O.C. Fire Authority Board meeting. Attended the Concerts on the Green. Attended a special City Council meeting on August 9, 2012, that was adjourned due to lack of a quorum. Council Member Mills: Attended the update on the 2012 Air Quality Management District plan. Attended a city leader reception at the Disneyland resort. Attended the Cypress Community Festival. Attended a ribbon cutting at Teriyaki Grill Monkey Wave. Attended an ACC -OC Legislative Committee meeting. Mayor Pro Tem Narain: Attended an O.C. Sanitation District Board meeting. Attended the Cypress Community Festival. Met with a visiting Mayor from India. Met with the Vice President of the Board of Equalization. Attended an India Independence Day celebration. Mayor Bailey: Attended the Cypress Community Festival. Attended the Concerts on the Green. Asked the Director of Recreation and Community Services for a report on the Cypress Community Festival. The Director of Recreation and Community Services stated that the 32nd Annual Cypress Community Festival was a highly success event put on by the non - profit Cypress Community Festival Association. She indicated that a large part of the event's success is due to the support of the City's Recreation, Police, and Public Works staff. She stated that there was a total of 333 booths which includes arts and crafts, chili, and salsa, with over 1,700 participants in the 5K/10K Run/Walk. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of the Milwaukee Sikh Temple shooting victims at 8:58 p.m. to Monday, August 27, 2012, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: a-lUtOe_ ct9-1tz4rY") MAYO OF THE CITY OF CYPRESS CITY CLERK OF THE CITY OF CYPRESS 10