MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JANUARY 23, 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/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore

Staff present:
City Manager John Bahorski
City Attorney William Wynder

ORAL COMMUNICATIONS:

None.

CLOSED SESSION:

The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1), Title:  City Manager. 

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 7:09 p.m. by Mayor Bailey.

Members present:
Mayor/Agency Chair Doug Bailey
Mayor Pro Tem/Agency Vice Chair Prakash Narain
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Leroy Mills
Council/Agency Board Member Todd Seymore

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 Jackie Gomez-Whiteley
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Planning Manager Doug Hawkins
Public Works Superintendent Bobby Blackburn
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Seymore.

INVOCATION:  The invocation was given by City Attorney Wynder.

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 Public Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1), Title:  City Manager.  He stated that the City Council continued this item. 

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.

Rob Johnson, Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

Susan Hobart, Cypress, spoke regarding parkway trees in the City.

Sue Douglas, Cypress, spoke regarding the sale of surplus Cypress School District property.

Phyllis Campbell, Cypress, spoke regarding the sale of surplus Cypress School District property.

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. 2011-04, A REQUEST TO MODIFY CONDITION NO. 49 TO ALLOW CONSTRUCTION ACTIVITIES ON SUNDAYS FOR THE FIFTEEN UNIT CONDO PROJECT LOCATED AT 6122 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.

The Planning Manager provided background information on this item.

Council Member Luebben asked why Sunday construction was restricted in the original approval of this project and encouraged the removal of the Sunday construction restrictions for the remainder of the project.

The Planning Manager indicated that Sunday construction restrictions are standard for residential projects. 

Council Member Seymore concurred with Council Member Luebben and stated that additional Sundays would allow the project to be completed sooner.

Mayor Pro Tem Narain asked about residential use near the site. 

The Planning Manager stated that there is residential approximately 260 feet to the east on the south side of Lincoln Avenue and across Lincoln Avenue on the north side approximately 460 feet away in the City of Buena Park. 

The public hearing was opened.

The applicant, Mark Korando, stated that a change in the conditions would not normally be requested except that it is a mixed use location area and that religious groups have offered volunteer labor and donations. 

Council Member Mills expressed his concern on allowing Sunday construction considering it is a two-year project, and asked why the issue was not addressed during the original approval. 

Mr. Korando responded that Jewish groups and Seventh Day Adventists have their Sabbath on Saturdays and are available to volunteer on Sundays.  He stated that most volunteers have regular jobs during the week and are primarily available on the weekends.

Council Member Mills expressed concern about the close proximity to a nearby hotel.

Mayor Bailey asked if volunteers are working on Sundays at any other Habitat for Humanity projects.

Mr. Korando stated that there are currently no other Habitat for Humanity projects.

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 expressed concern with the proximity of the motel and two residential areas around the project. 

The Planning Manager stated that hotels and motels are considered commercial uses and not residential, and indicated that this is the first request that has been received for Sunday construction activities. 

Mayor Bailey asked about the Sunday construction hours. 

The Planning Manager replied that the Sunday construction hours would be 9:00 a.m. to 2:30 p.m. for three Sundays.

It was moved by Council Member Seymore and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, for Amendment to Conditional Use Permit No. 2011-04, subject to the revised Condition No. 49 in Exhibit “A” of the Resolution.

The motion was carried by the following roll call vote:

AYES:        3    COUNCIL MEMBERS:   Luebben, Seymore, and Bailey
NOES:        2    COUNCIL MEMBERS:   Mills and Narain
ABSENT:    0    COUNCIL MEMBERS:   None

RESOLUTION NO. 6287

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2011-04 - 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.

Mayor Bailey requested Agenda Item No. 6 be pulled from the Consent Calendar.

It was moved by Council Member Seymore and seconded by Council Member Luebben, to approve Consent Calendar Items No. 2 through 5 and 7 through 10.

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 MEETING OF JANUARY 9, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of January 9, 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:   SECOND READING OF AN ORDINANCE ADOPTING ZONE CHANGE NO. 2011-01 AND THE HARMONY SPECIFIC PLAN, A REQUEST TO CHANGE THE ZONING OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ORANGE AVENUE AND MOODY STREET (5042 ORANGE AVENUE) FROM RS-6000 RESIDENTIAL SINGLE-FAMILY TO PC PLANNED COMMUNITY (PC-12), AND TO APPROVE THE HARMONY SPECIFIC PLAN.

Recommendation:   That the City Council adopt the Ordinance by title only, adopting Zone Change No. 2011-01 and the Harmony Specific Plan.

ORDINANCE NO. 1130

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING ZONE CHANGE NO. 2011-01 AND THE HARMONY
SPECIFIC PLAN, CHANGING THE ZONING CLASSIFICATION OF THE
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ORANGE
AVENUE AND MOODY STREET FROM RS-6000 RESIDENTIAL
SINGLE-FAMILY TO PC PLANNED COMMUNITY (PC-12).

Item No. 5:   SECOND READING OF AN ORDINANCE ADOPTING ZONING ORDINANCE AMENDMENT NO. 2011-01, A CITY INITIATED ACTION TO AMEND SECTIONS 4.19.060.H.S, 4.19.070.H.3, AND 4.19.080.I.2, OF THE CYPRESS ZONING CODE RELATED TO INCREASED TIME EXTENSIONS FOR DESIGN REVIEW APPROVALS, CONDITIONAL USE PERMITS, AND VARIANCES.

Recommendation:   That the City Council adopt the Ordinance by title only, approving Zoning Ordinance Amendment No. 2011-02.

ORDINANCE NO. 1131

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING ZONING ORDINANCE AMENDMENT NO. 2011-02 TO
MODIFY SECTIONS 4.19.060.H.2, 4.19.070.H.3, AND
4.19.080.I.2 OF THE CYPRESS ZONING CODE.

Item No. 7:   ACCEPTANCE OF A GRANT FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY AND GOLDEN STATE WATER COMPANY (#TR2-GSWC-022) FOR WATER CONSERVATION TURF REMOVAL PROJECT.

Recommendation:   That the City Council: 1) Accept the Water Conservation Turf Removal grant; and 2) Increase the estimated revenues (Account No. 711-99999.3525 Grants-Miscellaneous) in the Fiscal Year 2011-2012 City Central Services Fund for the grant total of $9,793; and 3) Increase appropriations by $9,793 in Account No. 711-70627-7632.4187_009 (Landscaping Corporation Yard Contract Service-Private) in the City Central Services Fund.

Item No. 8:   AWARD OF CONTRACT FOR REPLACEMENT OF TWO POLICE VEHICLES AND THREE MOTORCYCLES.

Recommendation:   That the City Council: 1) Find that the Los Angeles County Sheriff Purchase Order No. PO-SH-12321526-1, Los Angeles County Sheriff Purchase Order No. PO-SH-11323318-1, and the City of Simi Valley’s Purchase Order No. 4500022733 satisfies the City’s bid process per City Code Section 21A-10(e); and 2) Award a contract to purchase three (3) 2011 BMW Police Motorcycles from Long Beach BMW Motorcycles, 2125 East Spring Street, Long Beach, California 90806, in the amount of $86,244; and 3) Award a contract to purchase one (1) 2011 Chevrolet Impala Police Package vehicle and one (1) 2011 Ford Crown Victoria Police Interceptor Patrol vehicle from Wondries Fleet Group, Alhambra, California, in the amount of $48,047.

Item No. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2011.

Recommendation:   That the City Council receive and file the Investment Report for the month of December, 2011.

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2011-12 FOR WARRANTS NO. 20519 THROUGH 20772.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2011-12.

Regarding Item No. 6:       REQUEST FOR FEE WAIVER – A REQUEST TO WAIVE THE TEMPORARY USE PERMIT APPLICATION FEE FOR THE CALDWELL DENTAL CARE EVENT SCHEDULED FOR FEBRUARY 4, 2012 AT 5400 ORANGE AVENUE IN THE OP OFFICE PROFESSIONAL ZONE, Mayor Bailey thanked Dr. Caldwell for offering free dental care. 

It was moved by Mayor Bailey and seconded by Council Member Seymore, that the City Council waive the $300 Temporary Use Permit application fee.

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

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 MATTERSThe Cypress City Council, Acting as the Cypress Redevelopment Agency.

It was moved by Agency Board Member Seymore and seconded by Agency Board Member Luebben, that the Cypress Redevelopment Agency Board approve Consent Calendar Item No. 11.

The motion was unanimously carried by the following roll call vote:

AYES:        5    AGENCY MEMBERS:    Luebben, Mills, Seymore, Narain and Bailey
NOES:        0    AGENCY MEMBERS:    None
ABSENT:    0    AGENCY MEMBERS:    None

Item No. 11:  REVISED ENFORCEABLE OBLIGATION PAYMENT SCHEDULE.

Recommendation:   That the Cypress Redevelopment Agency Board adopt the Resolution by title only, approving and adopting a Revised Enforceable Obligation Payment Schedule.

RESOLUTION NO. CRA - 141

A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY
APPROVING AND ADOPTING A REVISED ENFORCEABLE OBLIGATION
PAYMENT SCHEDULE, PURSUANT TO THE PROVISIONS SET FORTH IN
HEALTH AND SAFETY CODE SECTION 34169 (AB 1X 26).

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:

Attended the youth basketball league games at Lexington Junior High School.  Asked about the status of the fire repair at SCUBA Toys.  Commented on walking dogs without a leash.  Commented on metal theft in the City.

The Director of Community Development stated that SCUBA Toys is working with their insurance company and the City on getting back into the building when it is safe. 

The Public Works Director indicated that the gas station property owner of the missing grates was notified, as it is required based on the water quality management plan.  He informed that the solar bus stops have been hard-wired due to theft and that solar panels for speed signs have been stolen.  

The Chief of Police stated that residents are encouraged to call the Police Department or 9-1-1 should they witness metal theft. 

Mayor Pro Tem Narain:

Attended the ACC-OC monthly meeting.  Met with the Mayor and the President and Vice President of the Cypress School District.

Council Member Seymore:

Attended Officer Wong’s retirement celebration and thanked him for his service to the City and the community.

Council Member Mills:

Attended the ACC-OC monthly meeting.  Attended an OCCOG Executive Committee meeting.  Attended a special Legislative Committee meeting.  Attended Officer Wong’s retirement celebration and thanked him for his contributions to the City.

Mayor Bailey:

Met with Mayor Pro Tem Narain and the President and Vice President of the Cypress School District and informed that there would be a privileged and confidential closed session regarding Measure D and surplus school property scheduled for the next City Council meeting.  Attended an O.C. Vector Control meeting.  Attended the ribbon cutting for Hilti Incorporated.  Stated that he was unable to attend Officer Wong’s retirement celebration and complimented him on his service to the City and community.

ITEMS FROM CITY MANAGER: 

No items.

ADJOURNMENT: Mayor Bailey adjourned the meeting in honor of recently retired Cypress Police Officer Jeff Wong at 7:57 p.m. to Monday, February 13, 2012, beginning at 5:30 p.m. in the Executive Board Room.

_______________________________
MAYOR OF THE CITY OF CYPRESS

ATTEST:

___________________________________
CITY CLERK OF THE CITY OF CYPRESS

City of Cypress Department of Administration ~ 5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6780