MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD NOVEMBER 13, 2012

A regular meeting of the Cypress City Council was called to order at 7:00 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
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
Planning Manager Doug Hawkins
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 Bailey.

INVOCATION:  The invocation was given by Council Member Mills.

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, on behalf of the Woman’s Club of Cypress and the Cypress Chamber of Commerce, provided an update on their 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:   REQUEST TO CONTINUE A PUBLIC HEARING REGARDING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2012-09, A REQUEST TO RE-ESTABLISH A GASOLINE SERVICE STATION AND EXPAND THE RETAIL SALES BUILDING INCLUDING OFF-SALE BEER AND WINE LOCATED AT 9472 VALLEY VIEW STREET IN THE CG COMMERCIAL GENERAL ZONE.

The Associate Planner stated that the applicant has requested that the item be continued to the January 14, 2013 City Council meeting in order to address alcohol license issues.

The public hearing was opened.

It was moved by Mayor Bailey and seconded by Council Member Seymore, that the City Council open, then continue, the public hearing regarding Conditional Use Permit No. 2012-09 to the City Council meeting on January 14, 2013.

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:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-08, A REQUEST TO ESTABLISH A SMOKE/TOBACCO SHOP LOCATED AT 11511 KNOTT AVENUE IN THE CN COMMERCIAL NEIGHBORHOOD ZONE.

The Associate Planner provided background information on this item.

Council Member Seymore asked for clarification on any previous complaints on the applicant’s former business in Cypress and the location of that business.

The Associate Planner stated that there were no issues or complaints on the applicant’s former business in the City and that they were in compliance with the tobacco laws.  She indicated that the former business was located at 5012 Ball Road. 

Council Member Seymore asked about conditions to prohibit the sale of certain paraphernalia items. 

The Associate Planner stated that staff has worked closely with the Police Department to address the most recent terms of prohibiting the sale of certain items, and that Condition No. 22 specifically addresses that concern. 

Council Member Mills asked about Condition No. 30 and when the camera system would be on. 

The Chief of Police stated that having the camera system on during business and off-business hours would be beneficial.

The public hearing was opened.

The applicant, Roberto Salinas, agreed to the conditions of approval as amended.

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 Council Member Luebben, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2012-08, 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. 6334

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-08
- WITH CONDITIONS.

Item No. 3:   PUBLIC HEARING REGARDING CONDITIONAL USE PERMIT NO. 2012-07, GENERAL PLAN AMENDMENT NO. 2012-01, ZONE CHANGE NO. 2012-01, AND TENTATIVE TRACT MAP NO. 17503, A REQUEST TO CREATE A ONE LOT SUBDIVISION AND CONSTRUCT 16 CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 4911 AND 4963 CAMP STREET IN THE PC PLANNED COMMUNITY ZONE AND LINCOLN AVENUE SPECIFIC PLAN AREA.

The Assistant Planner provided background information on this item.

Council Member Luebben asked for clarification on the current zoning and what the change would be. 

The Assistant Planner stated that the current zoning is CH Commercial Heavy which allows commercial uses and light industrial, and that the requested change is to multi-family.

Mayor Bailey asked what is currently located on the site.

The Assistant Planner responded that a single family residency currently resides on the site. 

Council Member Seymore asked what the surrounding zoning is and why RM-20 was chosen for the site.

The Planning Manager stated that the RM-20 zoning would continue to the west and across Moody Street to the east, and that a similar project was approved in 2001 north of the project site.

Council Member Luebben asked about earlier projects approved and complaints received regarding to the density, parking, and noise. 

The Planning Manager stated that no complaints have been received for the project to the north or other projects surrounding the area. 

The Chief of Police replied there were not any complaints that she was aware of.

Mayor Pro Tem Narain asked about the units on the site to the north. 

The Planning Manager responded that there are 16 units on that development. 

Council Member Mills asked about the backflow valve location.

The Planning Manager stated that staff will work with the applicant on the backflow valve location.

Council Member Mills asked for clarification on the water heaters that will be used.

The public hearing was opened.

The applicant, Ed Bonanni, discussed his project history in the City for the past 22 years and addressed concerns by some of the residents near the project.  Mr. Bonanni proposed as a condition the planting of mature trees for aesthetic, noise, and privacy purposes.  He stated that he feels that the project will increase property values and would be an asset to the community. 

Mr. Bonanni stated that all of the water heaters will be tankless and that the electric-gas meters will be standard.

Council Member Mills asked about energy saving features of the project. 

Mr. Bonanni stated that there will be double-pane windows and energy efficient appliances.

Council Member Seymore asked if any of the mature trees currently located on the site could be saved.

Mr. Bonanni responded in the affirmative.

Council Member Seymore asked about the “cookie cutter” design concerns expressed by the residents in the area and suggested color variations.

Mr. Bonanni stated that modifications to the sidings have been made in order to give a craftsman type look. 

Council Member Seymore asked about the infrastructure and sewer line capacities.

Mr. Bonanni stated that the sewer lines and storm drains are sufficient and that upgrades would be done, if necessary.

Council Member Luebben asked about solar panels or solar heating for the project.

Mr. Bonanni stated that solar panels would not be conducive with the concrete tile roofs. 

Mayor Bailey asked if the applicant agreed to the conditions of approval including the mature trees offered as a mitigating effect.

Mr. Bonanni stated that he agreed to the conditions.

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 following spoke in opposition to the project:

Olivia Oshiro, Cypress
Agustin Jaramillo, Cypress
Don Cox, Cypress

Mr. Bonanni addressed the concerns expressed including the width of the street and uses on the street. 

The public hearing was closed.

Council Members Mills asked if the utilities are underground and prohibiting the use of garages for storage.

The Assistant Planner stated that the conditions of approval stipulate that utilities are to be underground and that garage parking spaces shall not be used for storage.

Council Member Mills discussed future growth and housing trends to accommodate the population growth.

Council Member Seymore clarified that the units are all full market rate and asked if a cul-de-sac design has been considered for the project.

The Planning Manager stated that a cul-de-sac design had not been considered. 

Mayor Pro Tem Narain asked about alternatives to high density housing.

The Planning Manager stated that the RM-20 zoning seemed the most appropriate for the site and that he is unsure if a single-family density would be economically viable or consistent with the adjacent uses.

Mayor Pro Tem Narain asked about complaints regarding people not parking in their garages.

The Planning Manager stated that over the past five years, only a few complaints have been received. 

Council Member Luebben commented on in-fill housing development and density, and that he will be voting against this project development.

Council Member Seymore asked about the size of the two lots and how many single-family homes could be built.

The Assistant Planner replied that the lot size is approximately 36,500 square feet and that four or five single-family homes could be built on the lot. 

Mayor Bailey commented on the land use and that the key concern is aesthetics and that large single-family homes would not be feasible on the location.  He stated that he is in favor of the project.

It was moved by Council Member Mills and seconded by Mayor Bailey, that the City Council: 1) Adopt the Mitigated Negative Declaration, de Minimus Finding, and Mitigation Monitoring Program for the proposed project in accordance with the requirements of the California Environmental Quality Act (CEQA); and 2) Adopt the Resolution by title only, approving General Plan Amendment No. 2012-01; and 3) Introduce for first reading the Ordinance by title only, approving Zone Change No. 2012-01; and 4) Adopt the Resolutions by title only, approving Conditional Use Permit No. 2012-07 and Tentative Tract Map No. 17503, subject to the conditions in Exhibit “A” of the Resolutions, as amended.

The motion was carried by the following roll call vote:

AYES:        3    COUNCIL MEMBERS:   Mills, Narain and Bailey
NOES:        1    COUNCIL MEMBERS:   Luebben
ABSENT:    0    COUNCIL MEMBERS:   None
ABSTAIN:   1    COUNCIL MEMBERS:   Seymore

The City Attorney clarified that an abstention vote equals a yes vote on the item.

RESOLUTION NO. 6335

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING GENERAL PLAN AMENDMENT NO. 2012-01,
CHANGING THE GENERAL PLAN CLASSIFICATION OF THE
PROPERTIES LOCATED AT 4911 AND 4963 CAMP STREET
FROM GENERAL NEIGHBORHOOD COMMERCIAL TO HIGH
DENSITY RESIDENTIAL.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING ZONE CHANGE NO. 2012-01 CHANGING THE
ZONING CLASSIFICATION OF THE PROPERTIES LOCATED AT
4911 AND 4963 CAMP STREET FROM CH COMMERCIAL
HEAVY TO RM-20 RESIDENTIAL MULTIPLE-FAMILY.

RESOLUTION NO. 6336

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING CONDITIONAL USE PERMIT NO. 2012-07
- WITH CONDITIONS.

RESOLUTION NO. 6337

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING TENTATIVE TRACT MAP NO. 17503
– 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 Mayor Bailey, to approve Consent Calendar Items No. 4 through 15.

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. 4:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 22, 2012.

Recommendation:   That the City Council approve the Minutes of the Meeting of October 22, 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:   PROCLAIMING THE WEEK OF NOVEMBER 12-18, 2012 AS “ENTREPRENEURSHIP WEEK” IN THE CITY OF CYPRESS.

Recommendation:   That the City Council officially proclaim the week of November 12-18, 2012 as “Entrepreneurship Week” in the City of Cypress.

Item No. 7:   DESIGN REVIEW COMMITTEE PERMIT NO. 2012-06, A REQUEST TO CONSTRUCT A MAUSOLEUM AND CHAPEL BUILDING ON AN EXISTING MORTUARY/CEMETERY CAMPUS LOCATED AT 4471 LINCOLN AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.

Recommendation:   That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2012-06, subject to the conditions in Exhibit “A” of the Resolution.

RESOLUTION NO. 6338

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2012-06
- WITH CONDITIONS.

Item No. 8:   REVIEW OF AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006-01 REGARDING 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 AREA.

Recommendation:   That the City Council receive and file the report.

Item No. 9:   APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 77.

Recommendation:   That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Public Works Project No. 77.

Item No. 10:  APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR THE BALL ROAD STORM DRAIN, PUBLIC WORKS PROJECT NO. 96.

Recommendation:   That the City Council: 1) Approve a Task Order, in the amount of $60,053 for Engineering Design Services for Ball Road Storm Drain, Public Works Project No. 96, to Harris & Associates, Irvine, California; and 2) Authorize $9,000 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. 11:  AUTHORIZE AN INCREASE IN ESTIMATED REVENUES AND APPROPRIATION OF FUNDS DUE TO RECEIPT OF GRANTS FOR THE ENVIRONMENTAL CLEANUP PROGRAM (ECP) FROM THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA).

Recommendation:   That the City Council: 1) Authorize an increase in Estimated Revenues by $79,355 in Account No. 415-99999.3525 (Other Grants) for the receipt of Environmental Cleanup Program (ECP) Funds from OCTA; and 2) Authorize an appropriation increase of ECP funds received from OCTA in the amount of $79,355 to Account No. 415-80300-8032.4186 for City-wide installation of Automatic Retractable Screens (ARS).

Item No. 12:  APPROVAL OF PLANS AND SPECIFICATIONS AND APPROVAL OF STATE-LOCAL PARTNERSHIP PROGRAM (SLPP) GRANT FUNDING AGREEMENT FOR THE FY 2012-13 VALLEY VIEW AND LINCOLN OVERLAY PROJECT, PUBLIC WORKS PROJECT NO. 89.

Recommendation:   That the City Council: 1) Approve the plans and specifications for the FY 2012-13 Valley View and Lincoln Overlay Project, Public Works Project No. 89; and 2) Approve Cooperative Agreement No. C-2-1819 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement; and 3) Authorize an increase in estimated revenues by $179,743 in Account No. 232-99999.3525 (Gas Tax 2106 – Other Grants) for the receipt of Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Prop 1B) State-Local Partnership Program (SLPP) funds from the OCTA on behalf of the State of California; and 4) Authorize a fund transfer in the amount of $179,743 from the Measure M Fund (Account No. 236-99999.4501_232) to the Gas Tax 2106 Fund (Account No. 232-99999.3901_236); and 5) Authorize an appropriation increase in the amount of $401,486 in the Gas Tax 2106 Fund (Account No. 232-80100-8012.4186), for construction of the FY 2012-13 Valley View and Lincoln Overlay Project, Public Works Project No. 89.

Item No. 13:  APPROVAL OF PLANS AND SPECIFICATIONS AND APPROVAL OF STATE-LOCAL PARTNERSHIP PROGRAM (SLPP) GRANT FUNDING AGREEMENT FOR CERRITOS AVENUE WIDENING PROJECT, PUBLIC WORKS PROJECT NO. 81.

Recommendation:   That the City Council: 1) Approve the plans and specifications for the Cerritos Avenue Widening Project, Public Works Project No. 81; and 2) Approve Cooperative Agreement No. C-2-1826 with the Orange County Transportation Authority (OCTA) and authorize the Mayor to execute said agreement; and 3) Authorize an increase in estimated revenues by $168,000 in Account No. 232-99999.3525 (Gas Tax 2106 – Other Grants) for the receipt of Proposition 1B Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; (Prop 1B) State-Local Partnership Program (SLPP) funds from the OCTA on behalf of the State of California; and 4) Authorize a fund transfer in the amount of $168,000 from the Measure M Fund (Account No. 236-99999.4501_232) to the Gas Tax 2106 Fund (Account No. 232-99999.3901_236); and 5) Authorize an appropriation increase in the amount of $378,000 in the Gas Tax 2106 Fund (Account No. 232-80100-8013.4186), for construction of the Cerritos Avenue Widening Project, Public Works Project No. 81.

Item No. 14:  APPROPRIATION OF FUNDS FROM THE EQUIPMENT REPLACEMENT FUND AND THE NARCOTICS ASSET SEIZURE FUND FOR THE PURCHASE OF ELECTRONIC FORENSICS EQUIPMENT.

Recommendation:   That the City Council: 1) Approve the appropriation of $7,626 to account number 721-95300.4305_200 (Equipment – Police) from the Equipment Replacement Fund (721) fund balance for the purchase of a laptop computer and related computer hardware and software for electronic evidence investigation; and 2) Approve a transfer in the amount of $7,626 from the unreserved fund balance of the Narcotics Asset Seizure Fund (281-99999.4501_721) to the Equipment Replacement Fund (721-99999.3901_281) to fund the purchase of a laptop computer and related computer hardware and software.

Item No. 15:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 23804 THROUGH 24129.

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

Council Member Luebben:

Attended a SCAG Audit Committee and Energy and Environment Committee meeting.

Mayor Pro Tem Narain:

Attended an O.C. Sanitation District Board meeting.  Attended AB 1234 Ethics Training. Attend an O.C. Library Advisory Board meeting.  Attended the AGENT workshop.

Council Member Seymore:

Attended an O.C. Fire Authority Board meeting.  Attended a special West-Comm Board meeting.

Council Member Mills:

Attended an AQMD Socio-Economic Workshop.  Represented Cypress at the Hero Mission for Army Ranger Sgt. 1st Class Thomas McPherson, Los Alamitos High School graduate.  Attended the SCAG Regional Council and Transportation Committee meetings.  Attended an ACC-OC Legislative Committee meeting.  Attended a briefing on World War II by Professor David Halahmy of Cypress College.  Attended an OCCOG meeting regarding the recruitment of the Executive Director.  Participated in the second High Speed Rail Transit Subcommittee meeting.  Updated on the California Chamber of Commerce suing the state today to block the option of carbon credits. 

Mayor Bailey:

Thanked everyone who attended the annual Boys & Girls Club of Cypress’ fundraiser.

ITEMS FROM CITY MANAGER: 

The City Manager wished everyone a Happy Thanksgiving.  He provided preliminary statistics on the City’s Job Fair held on October 11, 2012 and indicated that there were 1,300 job seekers, 51 employers, 1,200 jobs available, and 11 volunteers. 

ADJOURNMENT: Mayor Bailey adjourned the meeting at 8:41 p.m. to Monday, November 26, 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