City of Cypress

5275 Orange Avenue ~ Cypress, CA 90630 ~ 714-229-6700

MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD JANUARY 28, 2013

A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor Narain in the Executive Board Room, 5275 Orange Avenue, Cypress, California.

Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Rob Johnson
Council Member Mariellen Yarc

Members absent:
Council Member Doug Bailey (excused)

Staff present:
City Manager John Bahorski
City Attorney William Wynder
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
Administrative Services Manager Andrew Tse
City Clerk Denise Basham

Mayor Narain stated that Council Member Bailey is absent from this meeting and that this absence and his previous absence would be excused due to medical reasons.

ORAL COMMUNICATIONS:

Bob Youngsma, Cypress, stated that the recreational vehicle complies with the five foot setback and that he owns one foot to the west of the wall.  He indicated that he has had recreational vehicles since the late 1970’s and that the driveway approach was approved and permitted in 2000. 

Mr. Youngsma commented that his recreational vehicle cover is the only matter that should be addressed and that the recreational vehicle is currently in compliance with the City rules, of which he is willing to follow.  He stated that his lot is unique with double-access on both sides with 16 useable feet on one side of the property.  He requested time to prepare a rebuttal in response to the Agenda Report. 

WORKSHOP SESSION:

The Planning Manager provided background information on a proposed request to modify the City Code with regards to the parking of a recreational vehicle on the property located at 5692 Newman Street.

Mayor Pro Tem Mills asked about the nature of the complaint.

The Planning Manager stated that staff received an anonymous complaint that was primarily in regard to the aesthetics of the recreational vehicle cover. 

The Planning Manager reviewed the three issues for City Council consideration that are:  (1) Detached accessory structures in proximity to the property lines and the main structure; (2) Recreational vehicle parking in a side yard with a minimum setback within five feet; and (3) A second driveway on a residential property. 

The Planning Manager indicated that the four options for City Council’s consideration, as outlined in the Agenda Report, are:  (1) Adhere to the City Code as written; (2) Modify the Code to allow more than one driveway per residential property; (3) Modify the City Code regarding accessory structures in the side yard setback; and (4) Modify all three Code sections to allow Mr. Youngsma to park his recreational vehicle in its current location.  He stated that Option 4 would affect all properties City-wide.

The Public Works Director asked that Mr. Youngsma provide staff with a copy of the permit that was issued to him for the driveway approach.

Council Member Yarc asked if it would be permissible for the recreational vehicle to be parked in its current location if the cover was to be removed.

The Planning Manager responded in the affirmative, and clarified that for the second driveway a variance would be required, however, the property does not meet variance criteria.

Council Member Yarc asked how the permit issued in 2000 would be affected.

The City Attorney stated that if the permit was issued prior to the Zoning Code change, he would be entitled to amortize the useful life of the permit so that making him comply with the law would not result in an undue economic hardship.  He indicated that research would have to be done as to what the amortization period would be and whether or not Mr. Youngsma would be able to claim continuing legal non-conforming status.

Council Member Johnson asked if the Orange County Fire Authority establishes the requirements for the side yard property setback.

The Planning Manager stated that the side yard setback is required by the California Building Code as adopted by the City, and that the distance between the accessory structure and the main structure is a requirement adopted by the City. 

Council Member Johnson asked if Cypress’ recreational vehicle parking restrictions are consistent with other cities. 

The Planning Manager responded that each City addresses the issue in a different manner.

The City Attorney clarified that this matter is a policy issue and that a policy should be established for one property that would apply to the entire City.

Council Member Yarc commented on the importance of Mr. Youngsma having a permit for the second driveway. 

Mayor Narain stated that if Mr. Youngsma has a permit for the second driveway, then the City Council would have an obligation to address the matter. 

Mayor Pro Tem Mills stated that the property is very well maintained and that he supports a one-time waiver for this property only, which would allow the Zoning Code to still be enforced for the City.  He stated that future requests could be handled on a case-by-case basis.  He stated that the structure would not be detrimental to the public health, safety, or general welfare nor has it been materially injurious to properties or improvements in the vicinity.  He indicated that the property owner should be given time to rebut and that the City Council postpone making a decision.

The City Attorney responded that it is not uncommon to change the Zoning Code as the state of planning law advances, however, the general rule of law is that spot exceptions not be allowed.  He stated that if the legal property becomes illegal as a result of the change in policy by a City Council, then typically the law states that the property owner would be able to amortize the current condition of the property either permanently or over a specified period of time.  The City Attorney further stated that at the end of that period, the law states that the property would still need to be brought into compliance. 

The City Manager asked the City Council if they want to change the Code.

Mayor Narain commented that he would prefer to hear a response from the property owner and that the City Council would need to enforce the City Code City-wide. 

Council Member Johnson commented that he agrees to having one set of rules for the entire community.

The City Attorney asked the City Council for clarification, if they would like to enforce the Zoning Code rather than change it if the period of legal non-conforming had expired and/or a period for the second driveway had not been issued.

Mayor Pro Tem Mills responded that there is no urgency to answer questions now and that he prefers that Mr. Youngsma have an opportunity to rebut.  He recommended that this item be continued. 

Council Member Yarc concurred with continuing this item.

The City Manager clarified that this item would be brought back to the City Council in 30 days. 

It was the consensus of the City Council to continue this item for 30 days. 

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 Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works/Acting Community Development Director, 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), Richard Linnington and Michelle Moreno v. City of Cypress, Case Number SACV 13-00065 CJC (MLGx), U.S. District Court, Central District of California, Southern Division. 

At 6:03 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 Narain.

Members present:
Mayor Prakash Narain
Mayor Pro Tem Leroy Mills
Council Member Rob Johnson
Council Member Mariellen Yarc

Members absent:
Council Member Bailey (excused)

Staff present:
City Manager John Bahorski
City Attorney William Wynder
Assistant City Attorney Lindsay Tabaian
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 Narain.

INVOCATION:  The invocation was given by City Attorney Wynder.

REPORT OF WORKSHOP AGENDA/CLOSED SESSION:

The City Manager stated that a workshop was held to discuss recreational vehicle parking, and that the City Council provided direction to staff.  He indicated that the item has been continued for 30 days at which time it will be discussed at a City Council workshop. 

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 Numbers 241-091-22 through 26, Inclusive, 13.329 Acres Located at the Northwest Corner of Katella Avenue and Winners Circle, Party Negotiating With:  Lewis Operating Corporation, Negotiating Party: City Manager and Director of Public Works/Acting Community Development Director, Under Negotiation: Price and Terms of Payment.  He stated that a privileged and confidential briefing on negotiations was held, and that an appraisal was shared with the City Council.  He stated that negotiation options were discussed and that further negotiating direction and authority was unanimously given by the City Council.

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), Richard Linnington and Michelle Moreno v. City of Cypress, Case Number SACV 13-00065 CJC (MLGx), U.S. District Court, Central District of California, Southern Division.  He stated that a privileged and confidential status report was provided and that no reportable action was taken, nor was any solicited.

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 Narain asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward.

Shelley Henderson, O.C. Breeze and Cypress Community Festival Chair, stated that the print edition of the paper will be available and spoke regarding the Cypress Community Festival.

Calvin Sung, Field Representative for Assemblywoman Sharon Quirk-Silva, spoke regarding an upcoming mayor’s roundtable and community coffee at the Cypress Library.

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. 96-2, A REQUEST TO ALLOW THE CONSUMPTION OF BEER AND WINE IN THE OUTDOOR PATIO AREA OF THE CALIFORNIA FISH GRILL RESTAURANT LOCATED AT 10569 VALLEY VIEW STREET IN THE PC-5 PLANNED COMMUNITY BUSINESS PARK ZONE.

The Assistant Planner provided background information on this item.

Council Member Yarc asked why the outdoor patio area was excluded from the original alcohol consumption request.

The Assistant Planner responded that the original alcohol consumption request was for the interior of the restaurant only. 

Mayor Narain asked which side of the building the outdoor patio area is located. 

The Assistant Planner replied that the outdoor patio area is located along Valley View Street. 

Council Member Johnson asked if the alcohol would be served in glass containers. 

The applicant, Rafael Cervantes, stated that he agreed to the conditions of approval.

Mr. Cervantes stated that beer would be served in bottles and glass containers.

Mayor Pro Tem Mills asked how alcohol consumption would be controlled. 

Mr. Cervantes responded that staff is trained to observe customers’ alcohol consumption and that alcohol consumption would be limited should there be overindulgence. 

The public hearing was opened.

Mayor Narain asked if there was anyone who wished to speak in favor of the item.

Mayor Narain asked if there was anyone who wished to speak against the item.

The public hearing was closed.

It was moved by Council Member Johnson and seconded by Mayor Pro Tem Mills, that the City Council adopt the Resolution by title only, approving Amendment to Conditional Use Permit No. 96-2, subject to the conditions in Exhibit “A” of the Resolution.

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

AYES:        4    COUNCIL MEMBERS:   Yarc, Johnson, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Bailey

RESOLUTION NO. 6350

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT
NO. 96-2 – WITH CONDITIONS.

Item No. 2:   PUBLIC HEARING REGARDING VARIANCE NO. 2012-01, A REQUEST TO ALLOW A CIRCULAR DRIVEWAY AND A DECREASE IN THE REQUIRED FRONT YARD LANDSCAPE AREA ON A SUBSTANDARD LOT LOCATED AT 8681 ACACIA DRIVE IN THE RS-15,000 RESIDENTIAL SINGLE-FAMILY ZONE.

The Assistant Planner provided background information on this item.

Council Member Yarc asked for clarification on why a variance is appropriate.

The Assistant Planner indicated that a circular driveway is permitted by right on lots that are 100 feet wide and that this property’s driveway is 95 feet wide and is, therefore, considered substandard. 

The Planning Manager stated that typically the Cypress Zoning Code is modified if it is applied generally throughout the City.  He stated a variance could be approved in this matter because it is substandard in width compared to other properties in the same zone and that there are three properties on this street with circular driveways that have approved variances. 

The City Manager stated that frequent variances in one particular area may alert the City Council that a Cypress Zoning Code change would be appropriate. 

The public hearing was opened.

The applicant, James DiRosa, stated that he agrees with the conditions of approval.  He stated that he is a 22 year Cypress resident and that he would appreciate the City Council’s support of his request.

Mayor Narain asked if there was anyone who wished to speak in favor of the item.

Mayor Narain asked if there was anyone who wished to speak against the item.

The public hearing was closed.

Mayor Pro Tem Mills asked about the chapel on the site.

Mr. DiRosa stated that the chapel is for personal/private use and that large gatherings are not anticipated.

It was moved by Council Member Johnson and seconded by Mayor Narain, that the City Council adopt the Resolution by title only, approving Variance No. 2012-01, subject to the conditions in Exhibit “A” of the Resolution.

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

AYES:        4    COUNCIL MEMBERS:   Yarc, Johnson, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Bailey

RESOLUTION NO. 6351

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING VARIANCE NO. 2012-01 – 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 Mayor Pro Tem Mills and seconded by Mayor Narain, to approve Consent Calendar Items No. 3 through 11.

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

AYES:        4    COUNCIL MEMBERS:   Yarc, Johnson, Mills and Narain
NOES:        0    COUNCIL MEMBERS:   None
ABSENT:    1    COUNCIL MEMBERS:   Bailey

Item No. 3:   APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JANUARY 14, 2013.

Recommendation:   That the City Council approve the Minutes of the Meeting of January 14, 2013, 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:   ACCEPTANCE OF THE “AVOID THE 26” OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT AND ADOPTION OF RESOLUTION IN SUPPORT OF THE OTS TRAFFIC GRANT GOALS IN THEIR ENTIRETY.

Recommendation:   That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Adopt the Resolution by title only, agreeing to support the grant goals in their entirety; and 3) Authorize the Chief of Police to sign a Memorandum of Understanding between the City of Anaheim and the City of Cypress; and 4) Increase estimated revenues (114-50183.3525 Grants – Miscellaneous) in the Fiscal Year 2012-2013 General Fund – Grants Fund for the grant total of $20,000; and 5) Approve appropriations in Fiscal Year 2012-2013 in the General Fund – Grants Fund as follows: 114-50183.4003_021 (Overtime) in the amount of $20,000.

RESOLUTION NO. 6351

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE “AVOID
THE 26” ORANGE COUNTY REGIONAL DUI CAMPAIGN AND
AGREEMENT WITH THE OFFICE OF TRAFFIC SAFETY GRANT
GOALS IN THEIR ENTIRETY.

Item No. 6:   APPROVAL OF PLANS AND SPECIFICATIONS FOR 2012/13 ARTERIAL STREETS RESURFACING PROJECT, PUBLIC WORKS PROJECT NO. 94.

Recommendation:   That the City Council approve the plans and specifications for the 2012/13 Arterial Streets Resurfacing Project, Public Works Project No. 94.

Item No. 7:   APPROVAL OF PLANS AND SPECIFICATIONS FOR SEWER REHABILITATION AT VARIOUS LOCATIONS, PUBLIC WORKS PROJECT NO. 78.

Recommendation:   That the City Council approve the plans and specifications for Sewer Rehabilitation at Various Locations, Public Works Project No. 78.

Item No. 8:   ACCEPTANCE OF THE AUDIT LETTER AND AUDIT REPORT TO THE CITY COUNCIL FOR THE FISCAL YEAR ENDED JUNE 30, 2012.

Recommendation:   That the City Council receive and file both the Auditor’s Letter to City Council and the Auditor’s Report to City Council.

Item No. 9:   REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER, 2012.

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

Item No. 10:  APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2012-13 FOR WARRANTS NO. 24735 THROUGH 24835.

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

Recreation and Park District Matters:

Item No. 11:  ACCEPTANCE OF BANDAI FOUNDATION DONATION AND APPROPRIATION OF FUNDS FOR PURCHASES TO SUPPORT A YOUTH RECREATION PROGRM.

Recommendation:   That the City Council, acting as the ex-officio Board of Directors for the Cypress Recreation and Park District: 1) Formally accept the donation in the amount of $4,000 from the Bandai Foundation via the Cypress Children’s Advocacy Council; and 2) Increase estimated revenue in 212-99999.3713 (Donations) by $4,000 and increase appropriations by $1,000 to 212-90310.4103_004 (Activity Supplies) and $3,000 to 212-90310.4104_015 (Activity Clothing) for the purchase of supplies, uniforms, and staff/coaches’ shirts.

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

Council Member Johnson:

Attended the Recreation & Community Services Commission holiday decorating contest awards reception.  Attended the League of California Cities New Mayor and Council Members Academy in Sacramento.  Attended the State of the City luncheon.  Attended a Cypress Chamber of Commerce Board meeting.  Attended an O.C. Fire Authority Board meeting.  Went on a ride-along and was provided a tour of the Cypress Police Department and WestComm by Police Chief Gomez-Whiteley.

Mayor Pro Tem Mills:

Attended the State of the City luncheon.  Announced the selection of the OCCOG Executive Director. 

Council Member Yarc:

Attended the Recreation & Community Services Commission holiday decorating contest awards reception.  Attended the League of California Cities New Mayor and Council Members Academy in Sacramento.  Attended the State of the City luncheon.  Attended a Cypress Chamber of Commerce Board meeting.

Mayor Narain:

Attended the League of California Cities New Mayor and Council Members Academy. Gave the State of the City address.  Attended the Artesia Chamber of Commerce Board member installation.  Attended the India Republic Day celebration.

ITEMS FROM CITY MANAGER: 

The City Manager reported that Police Department overtime is under control and decreasing, and complimented Lieutenant Rod Cox on his work. 

ADJOURNMENT: Mayor Narain adjourned the meeting at 7:36 p.m. to Monday, February 11, 2013, 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