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Minutes 2005-02-14 336 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 14, 2005 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor McGill in the Executive Board Room, 5275 Orange Avenue, Cypress, California. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Recreation Superintendent, Assistant Community Development Director, Administrative Services Manager, and City Clerk. The Assistant City Manager provided some background information on the Cypress School District. He stated that the district has been impacted by the state budget crisis and declining enrollment, which has led them to look at all potential funding sources including the potential development of some or all of its property. The Assistant City Manager stated that redeveloping Cypress School District property has a precedent in the City and that there is a mutually beneficial relationship between the City and the District. The Assistant Community Development Director introduced Superintendent Bill Eller, consultant to the school district Bill Calton, Peter Bachmann with Metropolitan Development, and Rex Swanson. He stated that Mackay School was built in the mid 1950's and is now surplus. The district would like to replicate what was done with the property at Lincoln and Grindlay in 1990. The current site is 9.7 acres in an area where there is need for open space. The Assistant Community Development Director stated this is a preliminary action only consisting of two phases proposed by Metropolitan Development. They have experience in the area that neither the Agency or school district has. The first phase is a predevelopment assessment of the site and preparation of three development scenarios. Council Member McCoy asked about the necessity of a middle man, Metropolitan Development, and why an RFP wasn't sent out instead. The Assistant City Manager stated that previously RFP's have been sent out for a specific land use. At this time, staff is unsure what thEI land use will be at the school site. Metropolitan will determine what is the highest and best use of the property and identify what language an RFP would contain. Council Member McCoy asked about the drop in enrollment for the district. Superintendent Eller stated that the drop in enrollment Ilas been uniform, with a loss of approximately 470 students over the last three years, with a projected loss of another 200 next year. He stated that surrounding districts are also experiencing declining enrollment. 337 CITY COUNCIL MINUTES FEBRUARY 14, 2005 The Assistant City Manager stated the dynamics associated with declining enrollment are somewhat complicated. He stated that ten percent of the district's population are students from other districts on inter-district permit. Mayor Pro Tem Sondhi asked about a timeline for phaSEt one. The Assistant City Manager stated that it would take approximately 45 days. It was the consensus of the City Council for staff to procE3ed with the first phase. ORAL COMMUNICATIONS: None. CLOSED SESSION: The City Attorney reported that the Redevelopment Agency would be meeting in Closed Session regarding Conference With Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified as tlhe 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment. The City Attorney reported that the City Council would be meeting in Closed Session regarding Liability Claims (Pursuant to Government Code Section 54956.95) Claimant: Carol Clark, Agency claimed against: City of Cypress. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Existing Liti!Jation (Pursuant to Government Code Section 54956.9(a) City of Huntington Beach v. Huntington Beach Police Officers Association, et 13.1. United States District Court Case No. SACV 01-1125 JVS. At 5:57 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 7:03 p.m. by Mayor McGill. PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro Tem/Agency Vice Chair Sondhi, Mayor/AgEmcy Chair McGill ABSENT: None STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Director of Finance and Administrative Services, Chief of Police, Public Works Director, Police Captain, Recreation Superintendent, Assistant Community Development Director, Administrative Services Manager, Associate Engineer/Traffic, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of AllegiancH was led by Council Member McCoy. INVOCATION: The invocation was given by Chief Hicks. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. 2 338 CITY COUNCIL MINUTES FEBRUARY 14, 2005 The City Manager reported that staff held a discussion with the City Council regarding the Mackay School site located on Walker Street to consider a joint planning effort with the Cypress School District. He stated that the school closed several years ago and the joint effort is to work toward hiring a consultant to provide and evaluate alternate land uses for presentation to the City Council for further discussion at a later date. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Redevelopment Agency met in Closed Session regarding Conference With Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified as the 1.807 Acre Agency Parcel Located at the Northwest Corner of Walker Street and Katella Avenue, and the 1.254 Acre Agency Parcel Located at the Northeast Corner of Katella Avenue and Winners Circle within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under negotiation: Price and Terms of Payment. The City Attorney stated that this was a status report only and no reportable action was taken. The City Attorney reported that the City Council met in Closed Session regarding Liability Claims (Pursuant to Government Code Section 54956.95) Claimant: Carol Clark, Agency claimed against: City of Cypress. The City Attorney stated that he and the City's third party administrator provided a briefing of facts and circumstances that could give rise to the settlement of this claim. The City Council unanimously authorized the settlement of this claim on the terms and conditions outlined in the Closed Session. The terms and conditions of the settlement will be made a public record, if at all, once all parties to the settlement agreement have executed appropriate documents disposing of the claim and granting general releases to the City. 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) City of Huntington Beach v. Huntington Beach Police Officers Association, et al. United States District Court Case No. SACV 01-1125 JVS. The City Attorney stated that this was a status report only and 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 McGill asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Eileen Crane, Cypress, spoke regarding flooding on Bloomfield Avenue. Ruth Traylor, Cypress, spoke regarding flooding on Bloomfield Avenue. Gene Andre, Cypress, spoke regarding the Los Angeles County Sheriff's Department proposal to operate their helicopter bureau out of the Los Alamitos Joint Forces Training Base. Robert Rizzie, Cypress, spoke regarding the Los Angeles County Sheriff's Department proposal to operate their helicopter bureau out of the Los Alamitos Joint Forces Training Base. 3 339 CITY COUNCIL MINUTES FEBRUARY 14, 2005 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. 2004-09, A REQUEST TO ADD OFFSALE BEER AND WINE TO THE MARRIOTT RESIDENCE INN HOTEL LOCATED AT 4931 KATELLA AVENUE, WITHIN PLANNING AREA 6 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN AREA. The Assistant Community Development Director provided background information on this item. The public hearing was opened. The applicants, Michael Brewer and Debbie Ayala, Residence Inn by Marriott, stated that they are excited about the new project to add the pantry style service to their hotels so other amenities can be added for guests. Mr. Brewer thanked staff for their diligence in reviewing the project. Council Member Luebben asked if this would allow them to sell the small alcohol containers in the mini bars located in the rooms. Mr. Brewer stated that the current license is a restrict,ed seNice lodging license that allows guest receptions and controlled access cabinets or mini bars in the rooms. This license would allow beer and wine in a central location at the hotel. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. Leroy Mills, Cypress, spoke in opposition. Mr. Brewer stated that Marriott is sensitive to any impacts that operations would have on the neighbors. He believes that the application as proposed is a very limited service of alcoholic beverage seNice in a small store space at thle hotel. The public hearing was closed. Council Member McCoy asked about alcohol related issues in this census tract. The Chief stated there were not any issues that are classified as a problem or showing any relatedness. He stated an investigation of the site was done and of all the calls made there, only four were alcohol related. Council Member Luebben asked about the undue concentration threshold established by Alcohol Beverage Control. The Assistant Community Development Director stated that ABC is a state agency that tries to put forward criteria that will fit everywhere in the state. In this case, ABC tried to put forward some standard in a census tract that is geographically very large that has an essentially non-existent population. It was moved by Council Member McCoy and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only and waive further reading, approving Conditional Use Permit No. 2004-09 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None 4 340 CITY COUNCIL MINUTES FEBRUARY 14, 2005 RESOLUTION NO. 5826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2004-09 WITH CONDITIONS. Item NO.2: PUBLIC HEARING REGARDING ADOPTION OF ORDINANCE ESTABLISHING RESIDENTIAL PARKING PERMIT DISTRICTS. The Associate Engineer/Traffic provided background information on this item. Mayor Pro Tem Sondhi asked about the formation of specific districts that are formed for the purpose of a parking permit program and where the information is maintained. The Associate Engineer/Traffic stated that City staff will initially provide a petition to the area setting the days and hours of the restriction. Information and resolutions on established parking permit districts will be in the Engineering Department for the public. Mayor Pro Tem Sondhi asked about the temporary parking permits. The Associate Engineer/Traffic stated that temporary parking permits are available for one day time frames. The Associate Engineer/Traffic stated that there are two changes to the Ordinance. The first is in Section 16-119 regarding the cost of the permits as $19.00. It is requested that, at the end of the sentence, the wording "or as established by Resolution" be added. The City Attorney stated that the wording should be, following the word each, "or as the same may be established from time to time by Resolution of the City Council." This wording should also be added at the end of the section. The Associate Engineer/Traffic stated that the other change should be the deletion of the bottom two lines on page 6 because they are also on the next page. Council Member McCoy asked about rounding the fee to $20.00. The City Attorney stated that only the actual costs for administering the Ordinance can be charged. Staff is always asked to have a finding of what the actual costs are. He stated that all costs necessary to create, implement, and enforce the program are allowed under the law. Council Member Luebben expressed his concern about the issuance of lifetime permits. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Caroline Vogl, Cypress, spoke in favor. Mayor McGill asked if there was anyone who wished to speak against the item. The following spoke in opposition: Claire Lake, Cypress Gary Heimann, Cypress David Sluga, Cypress The public hearing was closed. 5 CITY COUNCIL MINUTES 341 FEBRUARY 14, 2005 The City Attorney stated that a petition to initiate the formation of a parking district requires 75 percent of the residents signatures and a petition to initiate a revocation requires 50 percent of the residents signatures. He stated that this amount is the threshold showing that is required to conduct a hearing before the City Council in which all interested parties can participate before the adoption of any resolution establishing a district. The City Attorney stated that this Ordinance puts into place a process. It does not create a parking district anywhere in the City of Cypress. Council Member McCoy asked that some process be dE~veloped so the parking stickers are changed yearly or bi-yearly so there is an accountin~l for the stickers. The City Attorney stated all issues can be addressed in the Resolution that creates the parking district. It was moved by Council Member McCoy and seconde(j by Council Member Luebben, that the City Council introduce for first reading the Ordinance by title only, adding Article XIX, entitled Residential Parking Permit Districts, to Chapter 16 of the Cypress Municipal Code, as amended, and amending further to increase the permit fee from $19.00 to $20.00. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCIL MEMBERS: None COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING ARTICLE XIX, ENTITLED RESIDENTIAL PARKING PERMIT DISTRICTS, TO CHAPTER 16 OF THE CYPRESS MUNICIPAL CODE. CYPRESS REDEVELOPMENT AGENCY ITEMS: Item No.3: PUBLIC HEARING TO CONSIDER ADOPTION OF PROPOSED NEW OWNER PARTICIPATION RULES AND METHOD OF HELOCATION FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK & GOLF COURSE REDEVELOPMENT PROJECT AREAS, AND THE PROPOSED AREA TO BE ADDED TO THE LINCOLN AVENUE PROJECT AREA AND THE PROPOSED CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT. Felise Acosta, Rosenow Spevacek Group, provided background information on this item. The public hearing was opened. Mayor McGill asked if there was anyone who wished to speak in favor of the item. Mayor McGill asked if there was anyone who wished to speak against the item. The public hearing was closed. Mayor McGill asked about the time frame for the process from the modification of the participation rules to the participation by any outside interest groups. The Assistant City Manager stated that these are rules that will be used for the new project area and merged project area. They will only bo used if there is a project that invokes them. There are set rules for time frames for the City to review and respond. 6 342 CITY COUNCIL MINUTES FEBRUARY 14, 2005 It was moved by Council Member McCoy and seconded by Council Member Luebben, that the Cypress Redevelopment Agency: 1) Open and conduct a public hearing considering the adoption of new Owner Participation Rules and the adoption of the new Method of Relocation for the Civic Center, Lincoln Avenue, and Los Alamitos Race Track and Golf Course Project Areas, which would also be applicable to the Added Area, if the amendment to add the Added Area is later adopted, and to the proposed Redevelopment Plan for the Cypress Merged and Amended Project Area ("Merged Plan"), if such merger and the Merged Plan are later adopted; and 2) Adopt the Resolution by title only, adopting the proposed new Owner Participation Rules; and 3) Adopt the Resolution by title only, adopting the proposed new Method of Relocation. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 AGENCY MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill AGENCY MEMBERS: None AGENCY MEMBERS: None RESOLUTION NO. CRA-115 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING OWNER PARTICIPATION RULES FOR PROPERTY OWNERS, OPERATORS OF BUSINESSES, AND BUSINESS TENANTS FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS, AND TO APPLY TO THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA AND TO THE PROPOSED CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT. RESOLUTION NO. CRA-116 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING A METHOD OF RELOCATION FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS, AND TO APPLY TO THE AREA PROPOSED TO BE ADDED TO THE LINCOLN AVENUE REDEVELOPMENT PROJECT AREA AND TO THE PROPOSED CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT. 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 Sondhi and seconded by Council Member McCoy, to approve Consent Calendar Items No.4 through 12. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF January 24, 2005. Recommendation: That the City Council approve the Minutes of the Meeting of January 24, 2005, 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. 7 CITY COUNCIL MINUTES 343 FEBRUARY 14, 2005 Item NO.6: PROCLAIMING THE MONTH OF FEBRUARY, 2005, AS "STOP IN THE NAME OF LOVE MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of February, 2005, as "Stop in the Name of Love Month" in the City of Cypress. Item NO.7: PROCLAIMING THE WEEK OF FEBRUARY 20-26, 2005, AS "NATIONAL ENGINEERS WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of February 20-26, 2005, as "National Engineers Week" in the City of Cypress. Item NO.8: AWARD OF CONTRACT FOR THE PURCHASE OF TRAFFIC SIGNAL CONTROL EQUIPMENT. PUBLIC WORKS PROJECT NO. 2004-30. Recommendation: That the City Council: 1) Award a contract for the purchase of traffic signal equipment, Public Works Project No. 2004-30, to Econolite Control Products, Inc., 3360 E. La Palma Avenue, Anaheim, CA 92806, in the amount of $38,113.33; and 2) Finds, in light of the circumstances applicable to this contract, that it is in the best interests of the City to do away with formal bidding, as allowed under the Cypress City Code (Sec. 21A-17). Item NO.9: REQUEST FOR AN APPROPRIATION OF FUNDING FOR PAYMENT OF ANNUAL WASTE DISCHARGE FEE RELATIVE TO THE CITY'S FATS. OILS, AND GREASE (FOG) PUBLIC EDUCATION PROGRAM. Recommendation: That the City Council authorize an appropriation in the amount of $6,840 from the Fund Balance of the Sewer Fund to Account No. 4162-41-219-08 for payment of an annual Waste Discharge Fee to the State Water Resources Control Board, as it relates to the Fats, Oils, and Grease (FOG) public education program. Item No. 10: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR VETERANS PARK PARKING LOT IMPROVEMENTS, PUBLIC WORKS PROJECT NO. 2003-43. Recommendation: That the City Council approve the plans and design specifications for Veterans Park Parking Lot Improvements, and authorize staff to solicit bids for the project. Item No. 11: APPROVAL OF CONTRACT CHANGE ORDER NO.3 FOR REMODEL OF CYPRESS COUNCIL CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18, AND APPROVAL OF CONTRACT CHANGE ORDER NO.1 FOR DESIGN/BUILD FOR REPLACEMENT OF AUDIONIDEO SYSTEMS FOR CYPRESS COUNCIL CHAMBER, PUBLIC WORKS PROJECT NO. 2001-18AV. Recommendation: That the City Council: 1) Approve Contract Change Order NO.3 to DLS Builders, for Public Works Project No. 2001-18, in tl1e amount of $8,805.73; and 2) Approve Contract Change Order NO.1 to CCS Presentation Systems, for Public Works Project No. 2001-18AV, in the amount of $25,884.62; and 3) Approve an operating transfer, in the amount of $55,000, from the undesignated fund balance of the General Fund to Capital Improvement Project Fund, and appropriate $55,000 into Account No. 4186-15-434-24. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 68404 THROUGH 68815. Recommendation: Approve the attached warrant registE~r. END OF CONSENT CALENDAR 8 344 CITY COUNCIL MINUTES FEBRUARY 14, 2005 ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an urgent PT A meeting at Vessels Elementary School where leaders and officers were sought. Attended an O.C. Sanitation District Board meeting where an emergency $1 million funding was approved to repair flood damage from the EI Prado Dam leakage. Attended the a.c. League of California Cities meeting where a vote was held for a representative on the Air Quality Management District. Attended a League of California Cities Legislative Advocacy meeting. Attended a meeting of the Los Alamitos City Council where views were expressed regarding the proposed increased helicopter usage at the Joint Forces Training Base. Attended the Cypress Women's Club tea fundraiser. Attended an O.C. Sanitation District Finance Administration and Human Resources Committee meeting where the mid-year budget was reviewed. Announced that the Cypress School District is having its kindergarten registration kick-off meeting from 7:00-9:00 p.m. on Wednesday, February 23, 2005. Council Member Seymore: Attended the Cypress Women's Club tea fundraiser. Attended the 35th Anniversary celebration of the Cypress girls softball league. Attended the Cypress State of the City luncheon. Attended the O.C. League of California Cities meeting. Mayor Pro rem Sondhi: Attended the Cypress Women's Club tea fundraiser. Mayor McGill: Attended the Cypress Women's Club tea fundraiser. Thanked City staff for their hard work on the State of the City luncheon. Attended a mixer hosted by the Cypress Chamber of Commerce. The City held its first brokers luncheon with the West Orange County Cities Association. 9 CITY COUNCIL MINUTES 345 FEBRUARY 14, 2005 The Assistant City Manager stated that the brokers luncheon was attended by approximately 40 real estate brokers who represent land owners and the business park, and who also represent communities beyond Cypress. Other Items: 1. O.C. Fire Authority/Medix Contract (Requested by Mayor McGill): Mayor McGill stated that he attended an O.C. Fire Authority meeting where the contract with Medix Ambulance was discussed. The Mayor provided a brief overview of the contract agreement with Medix. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Sondhi, to add an urgency item to the Agenda to allow discussion of the a.c. Fire Authority/Medix contract. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill COUNCILMEMBERS: None CaUNCILMEMBERS: None Council Member McCoy stated that if an agreement was entered into with Medix Ambulance that the City of Cypress would have two ambulances serving the community and Medix is looking at reducing services to streamline- the operations, he would view this as a breach of contract and ask that the City not vote for that proposal. Mayor McGill stated that he has requested legal couns,el for the O.C. Fire Authority to provide feedback regarding that issue and also any issue of ambiguity that might have existed in the staff report versus the contract versus what they are currently performing. Mayor Pro Tem Sondhi stated that the bottom line is se!rvice and service response. As long as service response and the documentation is there that suggests regional deployment makes sense and getting higher than the standard response rate, it does not make a difference in the number of ambulances. Council Member McCoy stated that Medix, in their RFP, stated they would have two ambulances in the City. Their competitor, who also bid on the RFP, also said they would have two ambulances, which does not seem fair. They need to uphold their contractual obligations. Council Member Luebben stated that Medix has been a good provider and that O.C. Fire Authority insisted that the bidders bid each individual city independently as if they would be serving the city alone. The Administrative Services Manager stated that the O.C. Fire Authority had approached all of the incumbent providers in the participating cities to see if they were interested in writing an RFP and bidding on a proposal jfor regionalization. At that time, all of the incumbents were not interested. After writing the RFP, the O.C. Fire Authority asked the providers if they would be interested in a subregionalization where like cities would be lumped together, which they indicated they would not. She stated that Medix Ambulance is the contract service provider for ten other agencies besides Cypress. She also stated that the O.C. Fire Authority has put together information that will be provided to board members that includes a chronology of what has occurred with Medix. Mayor McGill stated that he is looking for any input from the City Council on what values are important to them as he moves forward in discussions with the O.C. Fire Authority. 10 346 CITY COUNCIL MINUTES FEBRUARY 14, 2005 The City Manager stated that the best policy may be to hold Medix Ambulance to the terms and conditions of the current agreement that they entered into. He stated that the O.C. Fire Authority should explore other providers who may have an interest in regionalization. Mayor McGill stated that the direction he will be seeking from O.C. Fire Authority staff is how realistic was the expectation of what the proposals were that were being received based on the RFP criteria. 2. Discussion Reqardinq Los Alamitos Joint Forces Traininq Base (Requested by Mayor McGill) Mayor McGill stated that an open hearing was hosted by the City of Los Alamitos regarding the proposal to place a maintenance facility at the Los Alamitos Joint Forces Training Base to provide a home base for approximately 40 helicopters, mostly from the Los Angeles County Sheriff's Department. He stated that he spoke at the meeting where he questioned why the L.A. County Sheriff's Department would want to move their facility from the Long Beach Airport. Council Member McCoy stated that the purpose for the L.A. County Sheriff's wanting to base their operations out of Los Alamitos is strictly economics. He feels it is unreasonable for any L.A. County aviation to be based in Orange County. Council Member Seymore stated that he feels it is also unreasonable that they are asking the federal government to supply funding to build the facility at the Joint Forces Training Base. Mayor Pro Tem Sondhi suggested agendizing this item for a Resolution stating the City of Cypress is not supportive of additional usage by the L.A. County Sheriff's Department for this type of facility. Council Member Luebben stated that the proposal by L.A. County mentioned homeland security and how the usage would show the usefulness for defense of the Joint Forces Training Base, therefore making it less likely a target for closure. He stated that the military does not look at the L.A. County Sheriff Department's usage as military usage. Mayor McGill announced the retirement of the City Manager effective July 28, 2005. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor McGill adjourned the meeting at 9:40 p.m. to Monday, February 28, 2005, beginning at 5:30 p.m. in the Executive Board Room. ~,~ MAYOR OF THE CITY OF CYPRESS ATTEST: I Y CLERK OF THE CITY OF CYPRESS 11