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 and Administrative Services Richard Storey
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

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. 

Mariellen 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.

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

RESOLUTION NO. 6321

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.

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

No items.

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.

_______________________________
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