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Minutes 2005-02-28 347 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD February 28, 2005 A regular meeting of the Cypress City Council was called to order at 5:30 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 and Community Services Director, Police Captain, Assistant Community Development Director, Recreation and Community Services Superintendent, Administrative Services Manager, and City Clerk. The Administrative Services Manager introduced Janet Kiser, General Manager of the California Insurance Pool Authority (CIPA), and Liz Nelson and Alex Barrios of Ward North America, the City's third party liability claims administrator. Janet Kiser stated that CIPA covers all of the City's insurance programs, with the two primary programs being liability and workers' compensation. She stated that there are 11 cities that participate in CIPA, most of which are in Orange County. Ms. Kiser discussed the services that are provided by CIPA. She stated that CIPA is very strong financially with $21 million in assets. For the last five years, CIPA has paid almost as much in dividends to the cities as the cities have paid in liability premiums. CIPA is very conservative in the return of dividends and it is only done after a policy year is more than seven years old. Ms. Kiser stated that the liability pool was established in 1978 and offers up to $42 million in limits. The City of Cypress has a self insured retention of $150,000. She stated that premiums are based mostly on exposure rather than experience. Ms. Kiser stated that the workers' compensation pool was established in 2002 in response to a huge increase in premiums. The City of Cypress has a self insured retention of $300,000 for workers' compensation. Liz Nelson stated that Ward North America handles the liability claims for all of the cities in the CIPA program. She stated that Alex Barrios is the account manager for the dedicated unit. She described the claims handling process used by Ward North America. She stated that the litigation guidelines that were established in 2000 by CIPA is the document used to work with the City's defense counsel. Alex Barrios serves as the Litigation Manager and works closely with the attorneys and city staff. Alex Barrios stated that the City's defense counsel is very cooperative in working with him as a team in following the litigation guidelines. The City Attorney stated that there have been only two major claims in the last eight years where the City has exceeded its SIR. 348 CITY COUNCIL MINUTES FEBRUARY 28, 2005 Council Member Seymore asked if the City is affected by state and federal legislation in regards to workers' compensation. Ms. Kiser stated that there are currently many appeals to legislation by various parties but she is expecting costs to be reduced with more control over medical treatment than in the past. Mayor McGill asked about CIPA reserves. Ms. Kiser stated that CIPA is very well funded and conservative, which is why they are able to return dividends to the member cities. Council Member Luebben asked how cities wanting to join CIPA are reviewed prior to allowing membership. Ms. Kiser stated that there is an Underwriting Committee that receives the city's application and loss information for review. A recommendation is then made by the committee to the full Board of Directors. Mayor Pro Tem Sondhi stated that she would like a flow chart that would show the different types of claims, staff's responsibility, SIR's, and how the claims progress. ORAL COMMUNICATIONS: None. The City Attorney reported that the City Council would be meeting in Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. 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 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. At 6:10 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/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 and Community Services Director, Police Captain, Assistant Community Development Director, Recreation and Community Services Superintendent, Administrative Services Manager, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Boy Scout Troop #660. INVOCATION: The invocation was given by City Attorney Wynder. 2 CITY COUNCIL MINUTES 349 FEBRUARY 28, 2005 PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda items discussed earlier in the evening. The City Manager reported that representatives from the California Insurance Pool Authority (CIPA) made a presentation to the Council advising and providing a progress report as to the process for the City's liability and workers' compensation claims and claims management. The City is a member of a Joint Powers Authority with 11 other cities who provide joint insurance. Many years ago, there was an insurance crisis of cities unable to pay for insurance given the magnitude of operations and potential liability. In joining the Authority, the City minimizes expenses and receives reasonable insurance. He stated that the Council was provided with a report on the solvency of the organization and will be provided with additional information that was requested at the 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 Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. The City Attorney stated that the City Council discussed the process by which it would look for a replacement for the retiring City Manager. As a result of those discussions, the City Council unanimously requested an interview of the Assistant City Manager/Community Development Director for that position. 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 Closed Session item was not held as there was nothing further to report at this time. 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. John Gelobach, Cypress, spoke regarding Agenda Item No. 15. Gene Andre, Cypress, spoke regarding Agenda Item NO.4. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). No items. 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. 3 350 CITY COUNCIL MINUTES FEBRUARY 28,2005 Council Member Luebben requested Item NO.7 be pulled from the Consent Calendar. Mayor McGill requested Items NO.4 and 8 be pulled from the Consent Calendar. It was moved by Council Member McCoy and seconded by Mayor Pro Tem Sondhi, to approve Consent Calendar Items NO.1 through 3, 5, 6, and 9 through 14. 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.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JANUARY 31 AND FEBRUARY 14, 2005. Recommendation: That the City Council approve the Minutes of the Meetings of January 31 and February 14, 2005, as submitted. Item NO.2: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.3: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2004-16, A REQUEST TO INSTALL A THIRD STEALTH ANTENNA FACILITY ON AN EXISTING OFFICE BUILDING LOCATED AT 6101 BALL ROAD IN THE CG-10,000 COMMERCIAL GENERAL ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2004-16 - with conditions. RESOLUTION NO. 5827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2004-16 - WITH CONDITIONS. Item NO.5: AWARD OF CONTRACT FOR PURCHASE OF ONE COMBINATION SEWER CLEANER TRUCK. Recommendation: That the City Council award a contract to purchase one Combination Sewer Cleaner Truck from 3T Equipment Company, Inc., P.O. Box 750068, Petaluma, CA 94975-0068, in the amount of $194,300. Item NO.6: ADOPTION OF AMENDMENT NO. 10 TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT. Recommendation: That the City Council approve Amendment No. 10 to Cooperative Agreement No. C-95-970 with the Orange County Transportation Authority and authorize the Mayor to execute said agreement. Item NO.9: ACCEPTANCE OF FINAL TRACT MAP NO. 16698. PROPERTY LOCATED AT 8882 WALKER STREET. Recommendation: That the City Council approve Final Tract Map No. 16698 and authorize the City Clerk to sign the record map. 4 CITY COUNCIL MINUTES 361 FEBRUARY 28. 2005 Item No. 10: ACCEPTANCE OF FINAL TRACT MAP NO. 16746. PROPERTY LOCATED AT 5612-5632 SPRAGUE AVENUE. Recommendation: That the City Council approve Final Tract Map No. 16746 and authorize the City Clerk to sign the record map. Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JANUARY, 2005. Recommendation: That the City Council receive and file the Investment Report for the month of January, 2005. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO. 68816 THROUGH 69024. Recommendation: Approve the attached warrant register. Recreation & Park District Matters: Item No. 13: APPROVAL OF THE EXTENSION OF A THREE-YEAR PYROTECHNIC AGREEMENT FOR THE ANNUAL MULTI-AGENCY JULY 41H FIREWORKS CELEBRATIONS ON JULY 4. 2005; JULY 4.2006; AND JULY 4.2007. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, approve a three-year agreement with Fireworks America, for pyrotechnics displayed at the annual multi-agency July 4th Fireworks Celebration in the amount of $39,520. Item No. 14: AWARD OF CONTRACT FOR THE SUPPLY AND INSTALLATION OF PLAYGROUND EQUIPMENT IN VARIOUS PARKS. PUBLIC WORKS PROJECT NO. 2004-21 . Recommendation: That the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Award a contract for Public Works Project No. 2004-21 for the Supply and Installation of Playground Equipment in Various Parks, in the amount of $280,810, to the lowest responsible bidder, Hondo Company Inc., Santa Ana, CA; and 2) Authorize a contingency of $28,081 (10% of Bid Amount) and direct the Director of Public Works/City Engineer to issue any necessary change orders to complete additional work within budgetary authority. Reqardinq Item NO.4: ADOPTION OF RESOLUTION OPPOSING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT'S EFFORTS TO RELOCATE THEIR AERO OPERATIONS FROM LONG BEACH AIRPORT IN LOS ANGELES COUNTY TO THE JOINT FORCES TRAINING BASE IN ORANGE COUNTY, Mayor McGill noted for the record comments received from the Gerringers in Cypress. He stated that this action only opposes the actions of the L.A. County Sheriff's Department. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council consider the adoption of a Resolution, opposing the Los Angeles County Sheriff's Department's efforts to relocate their aero operations from Long Beach Airport in Los Angeles County to the Joint Forces Training Base in Orange County. The motion was unanimously carried by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Luebben, McCoy, Seymore, Sandhi and McGill COUNCILMEMBERS: None COUNCILMEMBERS: None 5 352 CITY COUNCIL MINUTES FEBRUARY 28, 2005 RESOLUTION NO. 5828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, OPPOSING THE PROPOSAL BY THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO RELOCATE THEIR AERO OPERATIONS FROM LONG BEACH AIRPORT IN LOS ANGELES COUNTY TO THE JOINT FORCES TRAINING BASE IN ORANGE COUNTY. Reqardinq Item NO.7: RETENTION OF PROFESSIONAL CONSULTING SERVICES FOR FACILITY CONDITION ASSESSMENT, PUBLIC WORKS PROJECT NO. 2004-25, Council Member Luebben stated that this is a forward thinking, proactive movement in relation to the City's infrastructure and asked for more information on this item. The Public Works Director stated that the assessment will take a detailed look at all buildings and analyze the architectural, electrical, mechanical, and structural elements for those buildings. A comprehensive report will be prepared to plan CIP and maintenance projects, and give the City Council an overall picture of infrastructure needs for the facilities. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi, that the City Council: 1) Award a professional consulting services contract for preparation of a Facilities Condition Assessment to TEe Engineering, 514 Via De La Valle, Suite 308, Solano Beach, CA 92075, in the amount of $47,225.36; and 2) Authorize a contingency of $7,084 (15% of Contract Amount) and direct the Director of Public Works/City Engineer to act as Contract Officer for any additional work within budgetary authority; and 3) Appropriate $54,310 from the unrestricted fund balance of the General Fund to Engineering Professional Services Account No. 4189-11-263-07. 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 Reqardinq Item No. 8: APPROVAL OF ADDITIONAL APPROPRIATION FOR CIVIC CENTER IMPROVEMENT PROJECT PHASE IV, CITY HALL REMODEL, PUBLIC WORKS PROJECT NO. 2003-18, Mayor McGill asked for clarification on the scope of the work. The Public Works Director stated that the remodel entails adding additional square footage that is much needed for the buildings including additional entry and waiting areas on both the east and west wing, as well as modifications and remodel of the computer room. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council: 1) Approve a transfer of $950,000 from the designated fund balance (Civic Center Improvement) of the General Fund to the CIP Fund (15); and 2) Approve an appropriation in the amount of $950,000 from CIP Fund (15) to Account No. 4186-15-845-24. 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 END OF CONSENT CALENDAR 6 353 CITY COUNCIL MINUTES FEBRUARY 28. 2005 ORDINANCES (SECOND READING): Item No. 15: SECOND READING OF AN ORDINANCE ESTABLISHING RESIDENTIAL PARKING PERMIT DISTRICTS. It was moved by Council Member McCoy and seconded by Council Member Luebben, that the City Council approve the second reading of the Ordinance by title only, adding Article XIX, entitled Residential Parking Permit Districts, to Chapter 16 of the Cypress Municipal Code. The City Attorney clarified that the adoption of the Ordinance only enables the City Council to allow the establishment of a parking district. It does not establish any districts right now. The City Attorney stated that the cost for issuance of a resident and guest parking permit shall be $20.00 each or as the same may be established from time to time by Resolution of the Council. The Council may choose to waive the fee, increase the fee, or reduce the fee. He stated there is a fee for replacement of a lost permit but not an annual renewal fee. 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 ORDINANCE NO. 1066 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. 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. New Business: Item No. 16: APPROVAL FOR CIRCULATION AND PUBLIC REVIEW OF THE DRAFT AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AND THE PRELIMINARY REPORT FOR THE CYPRESS MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN. Felise Acosta, Rosenow Spevacek Group, provided background information on this item. Mayor Pro Tem Sondhi asked who would be notified and receive information about the public hearing. 7 354 CITY COUNCIL MINUTES - FEBRUARY 28, 2005 Ms. Acosta stated that all of the stake holders of the project area would be notified, which includes each property owner, each business, and every resident whether they are an owner or a renter. Anyone who has requested information on the project adoption through the City Clerk's Office will also receive information. Mayor McGill stated that the merger will facilitate the paying for services and improvements amongst all the redevelopment areas. It was moved by Agency Board Member Luebben and seconded by Agency Board Member Seymore, that the Cypress Redevelopment Agency Board: 1) Adopt the Resolution by title only, approving for circulation the Draft Amended and Restated Redevelopment Plan for the Cypress Merged and Amended Redevelopment Project and Preliminary Report for the Cypress Merged, Amended, and Restated Redevelopment Plan ("Merged Plan") included as Exhibits A and B respectively to the Resolution; and 2) Authorize and direct the Executive Director to make the Draft Merged Plan and Preliminary Report available for public review and inspection to any person requesting the Draft Merged Plan and Preliminary Report and subject to the same rules as other public Agency documents. 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-117 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING FOR CIRCULATION OF THE DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AND THE PRELIMINARY REPORT FOR THE PROPOSED CYPRESS MERGED AND AMENDED REDEVELOPMENT PLAN AND DIRECTING THAT THE PRELIMINARY REPORT AND DRAFT MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN BE MADE AVAILABLE FOR PUBLIC REVIEW AND COMMENT PURSUANT TO THE REQUIREMENTS OF THE COMMUNITY REDEVELOPMENT LAW. 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 two Board meetings of the O.C. Sanitation District. Attended the Cypress Relay for Life kickoff event. Attended the Cypress College 30th Anniversary Americana Awards dinner. Congratulated Cypress High School's Academic Decathlon team. Council Member Seymore: Is participating in the Cypress Police Department Citizens' Academy. Attended the Cypress Employee Service Awards luncheon. Toured the Joint Forces Training Base. Attended the Cypress Relay for Life kickoff event. Attended the Cypress Chamber of Commerce mixer. Attended the Cypress Little League Opening Day ceremonies. Attended the Cypress College 30th Anniversary Americana Awards dinner. He stated 8 CITY COUNCIL MINUTES 355 FEBRUARY 28, 2005 that the Cypress Community Festival Planning CommittE!e meets on the 3rd Wednesday of each month at 7:00 p.m. at the Community Center. Council Member McCov: Attended a West Comm Board meeting where Richard Storey was appointed chief negotiator for contract discussions with the dispatchers and a brief review was provided about the reverse 911 system. Mavor Pro Tem Sondhi: Attended a Housing and Community Development Committee meeting where the County's review of their distribution of CDBG funds and 211 senior emergency access system was discussed. Attended the Cypress College 30th Anniversary Americana Awards dinner. Mavor McGill: Attended the Employee Service Awards luncheon. Attended the Cypress Relay for Life kickoff event. Attended a Cub Scout dinner where he was the guest speaker. Attended an O.C. Fire Authority workshop where the contract with Medix Ambulance was discussed. Attended the Cypress Little League Opening Day ceremonies. Attended the Cypress College 30th Anniversary Americana Awards dinner. Other Items: Mayor McGill requested a Resolution be agendized for the next meeting regarding transportation. ITEMS FROM CITY MANAGER: None. ADJOURNMENT: Mayor McGill adjourned the meeting in memory of Mark Hanson at 7:53 p.m. to Monday, March 14, 2005, beginning at 5::30 p.m. in the Executive Board Room. /j!U 1/v~ MAYOR OF THE CITY OF CYPRESS ATTEST: ~~. ~~, 'tJ~~CLERK OF THE CITY OF CYPRESS 9