MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD AUGUST 27, 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
Public Works Director/Acting Community Development Director Doug Dancs

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. 

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 7:00 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/Acting Community Development Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant Director of Finance and Administrative Services Matt Burton
Planning Manager Doug Hawkins
Associate Planner Kori Nevarez
Assistant Planner Judy Aquino
Senior Civil Engineer Alvin Papa
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 the City Council reviewed two letters from the Cypress School District, considered a response, and unanimously authorized the Mayor to respond to both letters. 

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 that the case will go to trial on October 9, 2012.  He stated that questions were asked and answered and that no reportable action was 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.

Michelle Moreno, Cypress, spoke regarding the City’s Registered Sex Offender Restrictions Ordinance.

The City Attorney stated that a response was sent to the attorney for Ms. Moreno and that there are no concerns with the ordinance generally throughout the City.  He stated that it was at the urgency, suggestion, and recommendation of the O.C. District Attorney that individual cities adopt this kind of ordinance.  He assured that the City is comfortable with the ordinance and that it is perfectly enforceable.  He commented that it is acknowledged that for a month to month tenant or someone on less than a fixed term lease, the original notice period might be a bit on the short end, thus, the Cypress Police Department has extended the term to comply with the law from 30 days to 6 months. 

Jacqueline Howell, spoke regarding the City’s Registered Sex Offender Restrictions Ordinance.

Shelley Henderson, O.C. Breeze, stated that the next edition of the newspaper will be delivered soon.

Mariellen Yarc, on behalf of the Woman’s Club of Cypress, spoke regarding the upcoming Veteran’s Appreciation Picnic, and on behalf of the Cypress Chamber of Commerce, spoke regarding upcoming activities and events.

Donna Sipl, Manhattan Beachwear, spoke regarding Agenda Item No. 13.

Janet Felini, Cypress, spoke regarding the City’s Registered Sex Offender Restrictions Ordinance.

Donald Costilow, spoke regarding the City’s Registered Sex Offender Restrictions Ordinance.

Mayor Bailey stated that Agenda Item No. 13 would be the first item of business this evening.

Item No. 13:  REQUEST FOR A CROSSWALK ON THE WEST LEG OF THE INTERSECTION OF KATELLA AVENUE AND MERIDIAN DRIVE. (Council Member Mills)

Council Member Mills stated that a local business representative expressed a concern about workers’ safety at the street crossing of the west leg of the intersection of Katella Avenue and Meridian Drive.  He indicated that a letter from Vans’ employees has been received in support of the installation of a crosswalk at said intersection. 

The Public Works Director/Acting Community Development Director stated that there is no objection to the installation of a crosswalk at said intersection and that funds would need to be appropriated for construction of the project. 

Council Member Seymore clarified that this action would be for the appropriation of funds for the design of a crosswalk and not the installation of an actual crosswalk, and that the total cost of the project could be as much as $50,000. 

Council Member Luebben asked if the Traffic Commission has discussed this matter.

The Public Works Director/Acting Community Development Director responded in the affirmative and that concerns with the project include traffic signal modification with push-buttons and Americans with Disabilities Act (ADA) compliance.  He stated that the approximate cost of the project would be $35,000 - $50,000, with hopes that it would be under $30,000. 

Council Member Luebben commented that the crosswalk would be a safety issue and not a traffic signal timing issue. 

The Public Works Director/Acting Community Development Director stated that blocked intersections pose a potential for jaywalking which could be a safety concern. 

Council Member Seymore asked if the timing sequence of the traffic light has been reviewed.

The Public Works Director/Acting Community Development Director stated that traffic is slowed by heavier use of the crosswalk button by pedestrians and that installation of a crosswalk would help to increase the timing of traffic flow. 

Mayor Bailey stated that business development in the area has increased since the intersection was originally built, causing increased pedestrian traffic.  He stated that he is in favor of the project. 

It was moved by Council Member Mills and seconded by Mayor Pro Tem Narain, that the City Council appropriate $11,450 from the unreserved fund balance of the Traffic Mitigation Assessment Fund to Account 234-80200-8021.4186 for the design of a crosswalk on the west leg of the intersection of Katella Avenue and Meridian Drive.

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

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. 2012-05, A REQUEST TO OPERATE A FAST FOOD RESTAURANT (FIVE GUYS BURGERS AND FRIES) WITH OUTDOOR DINING LOCATED AT 6931 KATELLA AVENUE IN THE PC-1 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Assistant Planner provided background information on this item.

Council Member Seymore asked if the business would be required to install a grease interceptor

The Assistant Planner responded in the affirmative. 

Council Member Seymore asked about water quality management conditions and the requirement to construct a new or to modify its existing trash enclosure to provide a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. 

The Public Works Director/Acting Community Development Director stated that the business would be inspected under the Fats Oil and Grease (FOG) code and the industrial/commercial program, and that this project would have a de minimus impact on the quality of stormwater runoff but conditions can still be required. 

Council Member Seymore asked if the trash enclosure is exclusive to this business.

The Assistant Planner stated that the trash enclosure would be behind the building, exclusive to only this business.

Council Member Seymore asked about Condition No. 30 related to prohibiting advertisement on the umbrellas. 

The Assistant Planner responded that the business name would be permitted on the umbrellas but any other advertising would be restricted. 

Council Member Seymore asked about Condition No. 34 related to grading and exterior building construction hours if the City’s noise standards are exceeded. 

The Planning Manager responded that Condition No. 34 applies to noise standards during construction and if the construction does not exceed noise standards, there would not be a limit on the hours of construction.

The public hearing was opened.

The applicant, Richard Herman, stated that the conditions of approval are accepted.

The owner, Phil Ratner, stated that it is a pleasure to be joining the community.

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. 2012-05, subject to the conditions in Exhibit “A” of the Resolution.

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. 6330

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-05
- WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-7, A REQUEST TO EXTEND THE HOURS OF OPERATION FOR THE CYPRESS PLAZA COMMERCIAL CENTER LOCATED AT 5721-5735 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE OF THE LINCOLN AVENUE SPECIFIC PLAN AREA.

The Planning Manager stated that this application would extend the hours of operation for the Cypress Plaza Commercial Center located on Lincoln Avenue and for that Center only and would not apply to any of the existing conditional use permit holders currently located within the Center. 

The Associate Planner provided background information on this item.

The Police Chief stated that staff has undertaken an independent evaluation of this application, as required by law.  She indicated that the Cypress Police Department concerns include the extension of hours and the impact of Police District 10, which is considered a high crime area.  She discussed comments received from surrounding businesses and their less than desirous support of the requested extension of hours.  She stated that several Conditional Use Permit violations have been noted since the business’ opening and that granting the extension of hours could increase calls for service, increase crime, and diminish quality of life in the area. 

Council Member Seymore asked what type of Alcoholic Beverage Control (ABC) license is held by the restaurant.

The Associate Planner stated that the ABC license is for a restaurant with general alcohol sales. 

Mayor Bailey asked about the current hours of operation. 

The Associate Planner responded that the business currently closes at midnight.

Mayor Pro Tem Narain asked if any other restaurants on Lincoln Avenue are open until 2:00 a.m.

The Associate Planner replied that a Conditional Use Permit was recently approved for a business for Friday and Saturday nights until 2:00 a.m.

Mayor Bailey asked if the property owner is in attendance and if the property owner has requested the extended hours.

The Associate Planner stated that the property owner is not in attendance and that the applicant is the business owner.  She stated that the property owner has indicated neither support nor opposition to the amendment and have signed the application for the Conditional Use Permit. 

The public hearing was opened.

Ariel Gutierrez, on behalf of the applicant, stated that an increase in hours will not increase the crime rate because that the applicant will provide a security guard from 9:00 p.m. to 2:30 a.m. 

Mayor Bailey asked about future applicants and if a security guard would be provided for the entire center. 

Mr. Gutierrez responded that this is a discretionary action and it could be conditioned in a way that only a specific address could be permitted to have the extended hours. 

Council Member Seymore stated that they are speaking specifically for their location and not the entire center.

Mr. Gutierrez stated that each business could be conditioned separately. 

The City Attorney stated that there could be a condition of approval to require anyone who wants to extend their hours of operation to provide security, center wide. 

Mr. Gutierrez stated that in order for the business to stay resilient, it has to cater to the demands of its clients which include high demands for late night service. 

The City Attorney stated that the entire center requires a conditional use permit and certain locations within the center require individual conditional use permits, and if the broader property does not allow for extended hours of operation, by definition the smaller units within the site could not apply for it. 

Ms. Yi stated that her restaurant caters to mostly Korean, Japanese, and Chinese people who eat late at night. 

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.

Council Member Luebben asked if this was to be approved, if each tenant in the center would seek to extend their hours of operation and still have to make an individual request for such. 

The City Attorney clarified that this business would have to come back through the conditional use permit process, however, there are some businesses that would exist as sub-sets of the broader conditional use permit by right of zone under the umbrella conditional use permit without further action of the City Council. 

Mayor Pro Tem Narain stated that he has a concern for the safety of the residents in the area.

The City Attorney stated that an additional paragraph should be added to the Resolution stating that there is no substantial evidence of a demographic need for extended business hours.

It was moved by Council Member Seymore and seconded by Council Member Mills, that the City Council adopt the Resolution by title only, denying Amendment to Conditional Use Permit No. 87-7, based upon the findings contained therein, 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. 6331

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
DENYING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 87-7 FOR AN EXTENSION OF THE HOURS OF OPERATION
AT THE CYPRESS PLAZA COMMERCIAL CENTER.

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 Seymore requested Agenda Item No. 9 be pulled from the Consent Calendar.

It was moved by Council Member Seymore and seconded by Council Member Mills, to approve Consent Calendar Items No. 3 through 8 and 10 through 12.

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 MEETINGS OF AUGUST 9 AND AUGUST 13, 2012.

Recommendation:   That the City Council approve the Minutes of the Meetings of August 9 and August 13, 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:   CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE SENIOR CITIZENS AND TRAFFIC COMMISSION.

Recommendation:   That the City Council appoint Kenneth Lynch to fill the current vacancy on the Senior Citizens Commission for the remainder of the four-year term ending on June 30, 2013 and appoint Joyce Grohmann to the Traffic Commission for the remainder of the four-year term ending on June 30, 2015.

Item No. 6:   DESIGN REVIEW COMMITTEE PERMIT NO. 2012-05, A REQUEST TO CONSTRUCT A MEDICAL/DENTAL OFFICE BUILDING AND UPGRADE THE EXTERIOR OF THE EXISTING COMMERCIAL OFFICE BUILDING LOCATED AT 9060-9070 WALKER STREET IN THE PC PLANNED COMMUNITY ZONE.

Recommendation:   That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2012-05, subject to the conditions in Exhibit “A” of the Resolution.

RESOLUTION NO. 6332

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2012-05
- WITH CONDITIONS.

Item No. 7:   ACCEPTANCE OF MOODY STREET BEAUTIFICATION PROJECT, PUBLIC WORKS PROJECT NO. 35.

Recommendation:   That the City Council: 1) Accept the Moody Street Beautification Project, Public Works Project No. 35, as being satisfactorily completed in conformance with the project specifications, in the final amount of $1,253,375.93; and 2) Approve the final retention payment of $125,337.59 to All-American Asphalt, Corona, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

Item No. 8:   ACCEPTANCE OF MYRA AVENUE PUMP STATION NO. 2 (PS2), PUBLIC WORKS PROJECT NO. 33.

Recommendation:   That the City Council: 1) Accept the Myra Avenue Pump Station No. 2 (PS2), Public Works Project No. 33, as being satisfactorily completed in conformance with the project specifications, in the final amount of $2,483,234.57; and 2) Approve the final retention payment of $131,444.82 to S.S. Mechanical, Huntington Beach, California; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works.

Item No. 10:  ACCEPTANCE OF THE OPERATIONAL AREA AGREEMENT FOR THE IMPLEMENTATION OF THE STANDARDIZED EMERGENCY MANAGEMENT SYSTEM (SEMS).

Recommendation:   That the City Council: 1) Adopt the Resolution by title only, approving an Operational Area Agreement between the County of Orange and the City of Cypress for the implementation of the Standardized Emergency Management System (SEMS) regulations; and 2) Authorize the Mayor and the City Clerk to sign an Operational Area Agreement with addendums between the County of Orange and political subdivisions for the implementation of SEMS. Entering into this agreement provides a cooperative method for meeting State law requirements related to the Standardized Emergency Management System (SEMS).

RESOLUTION NO. 6333

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AN OPERATIONAL AREA AGREEMENT BETWEEN
THE COUNTY OF ORANGE AND LOCAL AGENCIES FOR THE
IMPLEMENTATION OF THE STANDARDIZED EMERGENCY
MANAGEMENT (SEMS) REGULATIONS.

Item No. 11:  REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2012.

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

Item No. 12:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEARS 2011-12 AND 2012-13 FOR WARRANTS NO. 23068 THROUGH 23225.

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

Regarding Item No. 9:  FEASIBILITY STUDY REGARDING THE USE OF PEDESTRIAN CROSSWALK FLASHING BEACONS AT UNCONTROLLED MARKED CROSSWALKS, Council Member Seymore asked if the feasibility study would be valid for more than one location and if it includes the actual signage. 

The Public Works Director/Acting Community Development Director stated that the use of rapid flashing beacons could be used at arterial highways and marked crosswalks that do not have signalized intersections but there is a concern for more visibility to both motorists and pedestrians.  He stated that the intersection of Cerritos Avenue and Florence Street would allow a test scenario. 

Council Member Seymore asked if the feasibility study is limited to this specific design/apparatus. 

The Public Works Director/Acting Community Development Director stated that only the Rectangular Rapid Flashing Beacons would be considered at this time and that several crosswalks would be reviewed for future consideration. 

Council Member Mills asked if this item could be deferred while the City of Newport Beach is conducting their study.

The Public Works Director/Acting Community Development Director stated that he recommends moving forward with this matter.

Mayor Pro Tem Narain expressed concern with pedestrian safety and visibility, and the use of research findings from other cities, and that he is in favor of the matter. 

Council Member Seymore asked if there is economies of scale should the study determine that it is feasible.  

The Public Works Director/Acting Community Development Director responded in the affirmative. 

Council Member Seymore asked if the project could be applied to Measure M2 funding or any other grants. 

The Public Works Director/Acting Community Development Director stated that there are no Measure M2 funds, however, staff will keep aware should grant opportunities arise. 

It was moved by Mayor Pro Tem Narain and seconded by Council Member Mills, that the City Council authorize appropriation of funds in the amount of $15,870 from the unreserved fund balance of the Traffic Mitigation Assessment Fund to Account 234-80200-8021.4186 for a feasibility study regarding the use of Pedestrian Crosswalk Flashing Beacons at uncontrolled marked crosswalks.

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.

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.

Michelle Moreno, Cypress, spoke regarding the City’s Registered Sex Offender Restrictions Ordinance.

ITEMS FROM CITY COUNCIL MEMBERS:

Mayor Bailey requested reports from the Council Members on their respective committee assignments.

Council Member Luebben:

Thanked the Cypress Police Department for the home vacation checks while he was away.  Spoke regarding the upcoming Republican National Convention.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Board meeting.

Council Member Mills:

Attended the West Orange County Legislative mixer held at the Joint Forces Training Base.  Attended an Oversight Board meeting.  Attended the L.A. County League of California Cities 2012 City Economic Development Conference.  Attended the investiture ceremonies for Dr. Robert Simpson at Cypress College.  Attended the final Concert on the Green.  

Council Member Seymore:

Attended the Employee Appreciation luncheon.  Attended the West Orange County Legislative mixer held at the Joint Forces Training Base.  Presented the California Joint Powers Insurance Authority (JPIA) award received for West-Comm Dispatch Center at the Los Alamitos City Council meeting.  Attended an O.C. Fire Authority Executive Committee meeting.  Attended the final Concert on the Green.

ITEMS FROM CITY MANAGER: 

The City Manager stated that a BRACE meeting will be held on August 30, 2012 and that a Council Candidate orientation was held on August 22, 2012.

ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:59 p.m. to Monday, September 10, 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