MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JULY 23, 2012

A regular meeting of the Cypress City Council was called to order at 6:00 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:

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 Number 242-332-01, Located at 4545 Myra Avenue, Negotiating Party: City Manager, 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 – Existing Litigation, pursuant to Government Code Section 54956.9(a), Karla Ramirez and Mario Ramirez v. City of Cypress, et al., Case No. 30-2012-00576917, Orange County Superior Court. 

At 6:02 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 7:05 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 Finance Director Matt Burton
Planning Manager Doug Hawkins
Assistant Planner Judy Aquino
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 Conference with Real Property Negotiators, pursuant to Government Code Section 54956.8), Real Property Identified by APN Number 242-332-01, Located at 4545 Myra Avenue, Negotiating Party: City Manager, Under Negotiation: Price and Terms of Payment.  He stated that no discussion was held on this item.

The 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.  He stated that a privileged and confidential briefing was provided and several litigation strategy options were provided.  He stated that questions were asked and answered, and a preliminary strategy was given to the City Attorney’s office that will implement the strategy and bring it back for further consideration in two City Council meetings. 

The 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), Karla Ramirez and Mario Ramirez v. City of Cypress, et al., Case No. 30-2012-00576917, Orange County Superior Court.  He stated that a privileged and confidential briefing was provided and that City Council was provided with an initial evaluation of the case.  He stated that questions were asked and answered. 

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.

Rob Johnson, Cypress Chamber of Commerce, spoke regarding the Chamber of Commerce’s 2nd Annual softball tournament.

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. 2012-04, A REQUEST TO ESTABLISH A FITNESS CENTER WITHIN AN EXISTING COMMERCIAL LEASE SPACE LOCATED AT 9851 WALKER STREET IN THE CG-10,000 COMMERCIAL GENERAL ZONE.

The Assistant Planner provided background information on this item.

Council Member Mills asked for clarification on the location of the rear entrance and if the door is new.

The Assistant Planner responded that the rear entrance door is new.

Council Member Luebben asked if the building is the same footprint as the previous business. 

The Assistant Planner responded in the affirmative. 

Mayor Bailey asked why an entrance is needed in the back of the location and if other businesses on that property are prohibited from allowing rear access to their business.

The Assistant Planner stated the rear entrance door would provide accessibility to employees and customers who park in the rear of the building and that the Municipal Code does not prohibit those businesses from allowing rear access.

Council Member Luebben asked if there is any other access point in the back of the building if access is not allowed.

The Assistant Planner stated that the only other access point is the main front entrance. 

Council Member Seymore commented that the front parking lot would be overwhelmed if rear entrance parking was not allowed and asked what is being done to address noise concerns with the rear entrance parking. 

The Assistant Planner stated that the Conditions of Approval addresses limited access hours through the rear entrance doors. 

The public hearing was opened.

The applicant, James Douthit representing Chuze Fitness, stated that the majority of members will come between 5:00 p.m. and 9:00 p.m. and that rear entrance access would accommodate the overflow.  He stated that the doors are self-closing and when open, there will not be any noise and that there are not any deliveries to the business.

Council Member Mills indicated that he drove by the property and expressed his concern with safety at the rear entrance due to lack of lighting and asked if flood lights would be an acceptable addition to the Conditions of Approval.

Mr. Douthit responded in the affirmative and that additional lighting would be installed at the rear entrance.

Council Member Luebben asked about the length of the applicant’s lease and expressed concern regarding business turnover at the location.

Mr. Douthit stated that their lease is for 10 years and that they have several successful locations in San Diego and that another facility would be opened in Tucson, Arizona, with consideration being given for several other facilities in Orange County. 

Council Member Luebben asked the applicant why the rear entrance is needed and asked about measures to prevent loitering outside of the facility.

Mr. Douthit stated that there are an additional 80 parking spaces in the back for the public and there will be times during the day when there will not be any parking accessible in the front parking area.  He indicated that loitering would be controlled by offering an inside lounge area, a controlled check-in area, and structured indoor classes. 

Mayor Bailey asked if the applicant read and agrees to all of the conditions of approval.

Mr. Douthit responded in the affirmative. 

Mr. Dan Willoughby, Cypress, stated that he is happy about this tenant going into the location and thanked staff for their efforts related to noise control at the rear entrance of the building.  He expressed concern with the addition of flood lights and asked that consideration be given that the lights not shine in the direction of nearby residents. 

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 Luebben and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2012-04, 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. 6324

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-04
- WITH CONDITIONS.

Item No. 2: PUBLIC HEARING TO CONSIDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2012-13. CITY OF CYPRESS PROJECT NO. 8615-90.

The Public Works Superintendent provided background information on this item.

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 hold the required public hearing and adopt the Resolution by title only, ordering the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for Fiscal Year 2012-13, pursuant to the Landscaping and Lighting Act of 1972.

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. 6325

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ORDERING THE RENEWAL OF THE CYPRESS
CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT
NO. 1 FOR FISCAL YEAR 2012-13, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND
CONFIRMING THE DIAGRAM AND ASSESSMENT THEREOF.

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 Mayor Pro Tem Narain, to approve Consent Calendar Items No. 3 through 8.

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. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 9, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of July 9, 2012, as submitted.

Item No. 4:   MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING.

Item No. 5:   DEPOSIT/REIMBURSEMENT AGREEMENT.

Recommendation:   That the City Council authorize the Mayor to execute the agreement.

Item No. 6:   CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, AMENDING CYPRESS MUNICIPAL CODE § 21A-1 REGARDING THE PAYMENT OF PREVAILING WAGES.

Recommendation:   That the City Council introduce for first reading 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.

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:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2012.

Recommendation:   That the City Council receive and file the Investment Report for the month of June, 2012.

Item No. 8:   APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011-12 AND 2012-13 FOR WARRANTS NO. 22734 THROUGH 22875.

Recommendation:   That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2011-12 and 2012-13.

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.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Administration Committee meeting.  Toured the Cypress Library with O.C. Librarian Helen Fried.  Attended the AGENT workshop.

Council Member Seymore:

Attended the annual board meeting of the California Joint Powers Insurance Authority.

Council Member Mills:

Attended the ribbon cutting for Brain Rehabilitation and Injury Network (BRAIN).  Attended a SCAG public hearing for the Federal Transportation Improvement Plan.  Attended the Concert on the Green.  Asked about the Brown Act and the City’s compliance regarding not receiving State funding for posting of City Council meetings. 

The City Attorney stated that recent actions indicate that the State would not reimburse the City for the State-mandated requirement of noticing the public meetings in compliance with the Brown Act.  He indicated that unless any member of the City Council proposes to reduce the extent to which the City complies with the Brown Act, the consensus among City staff is to continue to comply and not be reimbursed.

Mayor Bailey:

Attended the ribbon cutting for Brain Rehabilitation and Injury Network (BRAIN).  Participated in a BRACE visit to Crest Steel.  Attended an Anaheim Union High School District Foundation Board meeting.  Attended an O.C. Vector Control meeting.

ITEMS FROM CITY MANAGER: 

The City Manager thanked the News Enterprise, Event News, and O.C. Breeze for printing the Mayor’s message regarding the City’s financial health. 

ADJOURNMENT: Mayor Bailey adjourned the meeting in memory of the Aurora, Colorado shooting victims at 7:52 p.m. to Monday, July 30, 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