Minutes 2005-06-27
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 27,2005
A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor
McGill in the Council Chambers, 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 Clerk.
City Manager, City Attorney, Assistant City Manager, and
ORAL COMMUNICATIONS:
None.
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 Located at the Northwest Corner of Walker Street
and Katella Avenue, Identified by Assessor Parcel Numbers 241-081-02, 241-081-09,
241-221-19,241-221-22,241-221-23, 241-221-24, 241-221-26, 241-221-27, 241-231-
16,241-231-18,241-231-22,241-231-23, 241-231-24, 241-231-25, 241-231-26, 241-
091-13, 241-091-16, and 241-091-17, within the Los Alamitos Race Track and Golf
Course Redevelopment Project Area.
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.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Labor Negotiators, pursuant to Government Code Section
54957.6, Agency negotiators: Richard Storey and William W. Wynder, Employee
Groups: Cypress Police Management Association.
The City Attorney reported that the City Council would be 'naeting in Close.: SeFsion
regarding Public Employee Appointment, pursuant to Gover;'"r ient Code Secti~.'l 54957,
Title: City Manager.
At 6:02 p.m., the Mayor recessed the meeting.
7:00 P.M. SESSION:
The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by
Mayor McGill.
PRESENT: Council/Agency Board Members Luebben, McCoy, Seymore, Mayor Pro
Tem/Agency Vice Chair Sondhi, Mayor/Agency Chair McGill
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CITY COUNCIL MINUTES
JUNE 27, 2005
ABSENT: None
STAFF PRESENT: City Manager, City Attorney, Assistant City Manager, Chief
of Police, Public Works Director, Recreation and Community SeNices Director,
Assistant Community Development Director, Administrative SeNices Manager, Finance
Manager, and City Clerk.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Seymore.
INVOCATION: The invocation was given by Police Chief Hicks.
PRESENTATIONS:
The Mayor and City Council presented a Certificate of Special Recognition to Patricia
Lyu on being selected as Miss California Jr. Teen 2004-2005 and National American
Miss.
The Mayor and City Council presented a Certificate of Special Recognition to Coach
Dave Lewis and the Cypress High School Varsity Baseball Team for winning the CIF
Division 2 Championship.
REPORT OF WORKSHOP AGENDNCLOSED SESSION:
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 a status report
was provided regarding the ongoing negotiations to develop one or more of the
outparcel sites.
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 unanimously directed staff to
make an offer of employment to a City Manager candidate.
The City Attorney stated that the remaining Closed Session items would be considered,
if at all, at the end of the Council meeting.
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.
David Sluga, Cypress, spoke regarding the Cypress Community Festival on Saturday,
July 23rd at Oak Knoll Park.
Don Seward, Cypress, spoke regarding eminent domain.
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CITY COUNCIL MINUTES
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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 McCoy and seconded by Mayor Pro Tem Sondhi, to
approve Consent Calendar Items NO.1 through 10.
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 MAY
16. JUNE 6. AND JUNE 14. 2005.
Recommendation: That the City Council approve the Minutes of the Meetings of May
16, June 6, and June 14, 2005, as submitted, with Council Members Luebben and
McCoy abstaining on the minutes of June 6, 2005 due to their absence from the
meeting.
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: AWARD OF CONTRACT FOR THE INSTALLATION OF LEFT TURN
MODIFICATIONS AT THE INTERSECTIONS OF BALL ROAD AND BLOOMFIELD
STREET. AND MOODY STREET AND LINCOLN AVENUE. PUBLIC WORKS
PROJECT NO. 2004-31.
Recommendation: That the City Council: 1) Appropriate $12,000 from the unreseNed
fund balance of the Measure M Turnback Fund (Fund 39) and allocate to Account No.
4186-39-858-22 (Installation of Protected/Permissive Left Turns at the Intersection of
Ball Road and Bloomfield Street); and 2) Award a contract for Public Works Project
No. 2004-31 for the Installation of Left Turn Modifications at the Intersections of Ball
Road and Bloomfield Street, and Moody Street and Lincoln Avenue, in the amount of
$80,930, to Econolite Traffic Engineering & Maintenance, Inc., Anaheim, California; and
3) Authorize a contingency of $8,093 (10% of the bid amount) and direct the Director of
Public Works/City Engineer to issue any necessary change orders to complete
additional work within budgetary authority.
Item NO.4: ACCEPTANCE OF THE SUPPLY AND INSTALLATION OF
PLAYGROUND EQUIPMENT IN VARIOUS PARKS. PUBLIC WORKS PROJECT NO.
2004-21.
Recommendation: That the City Council, acting as ex-officio Governing Board of
Directors for the Cypress Recreation and Park District: 1) Accept the project for Supply
and Installation of Playground Equipment in Various Parks, Public Works Project No.
2004-21, as being satisfactorily completed in conformance with the project
specifications, in the amount of $288,150; and 2) Approve the final retention payment of
$28,815 to Hondo Company, 2121 S. Lyon Street, Santa Ana, California 92705, thirty-
five (35) days after the Notice of Completion is filed, if no claims or objections have
been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and
the Faithful Performance Bond upon expiration of the required lien period, if no claims
or objections have been filed, upon concurrence of the Director of Public Works.
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CITY COUNCIL MINUTES
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Item NO.5: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO
SOLICIT BIDS FOR RESIDENTIAL STREET SLURRY SEAL. PUBLIC WORKS
PROJECT NO. 2005-16.
Recommendation: That the City Council: 1) Approve the design specifications for
Residential Slurry Seal, Public Works Project No. 2005-16; and 2) Authorize City staff
to solicit bids for this project.
Item NO.6: ACCEPTANCE OF VETERANS PARK PARKING LOT IMPROVEMENTS,
PUBLIC WORKS PROJECT NO. 2003-43.
Recommendation: That the City Council: 1) Accept the Veterans Park Parking Lot
Improvements, Public Works Project No. 2003-43, as being satisfactorily completed in
conformance with the project specifications, in the amount of $39,341.04; and 2)
Approve the final retention payment of $3,934 to Mission Paving and Sealing, Inc.,
2213 Rosemead Blvd., South EI Monte, California 91733, thirty-five (35) days after the
Notice of Completion is filed, if no claims or objections have been filed; and 3)
Authorize the City Clerk to release the Labor and Materials Bond and the Faithful
Performance Bond upon expiration of the required lien period, if no claims or objections
have been filed, upon concurrence of the Director of Public Works.
Item NO.7: APPROVAL OF A PROFESSIONAL ENGINEERING DESIGN SERVICES
AGREEMENT AND A PROFESSIONAL RIGHT-OF-WAY APPRAISAL AND
ACQUISITION SERVICES AGREEMENT FOR CYPRESS ACRES SIDEWALKS.
PUBLIC WORKS PROJECT NO. 2005-14. AND MOODY STREET IMPROVEMENTS.
PUBLIC WORKS PROJECT NO. 2005-15.
Recommendation: That the City Council: 1) Increase estimated revenue in Account
No. 3572-15 for receipt of Fiscal Year 2005-06 Community Development Block Grant
(CDBG) funds, in the amount of $57,000, for right-of-way acquisition, design, and
construction of Cypress Acres Sidewalks and Design of Moody Street Improvements,
and appropriate $57,000 from the Capital Improvement Program unreseNed fund
balance to Account No. 4189-15-814-27 for Cypress Acres Sidewalks; and 2) Increase
transfer from the General Fund (2200-11) to the CIP Fund (15), in the amount of
$40,000, for Design of Moody Street Improvements, and appropriate $40,000 from the
Capital Improvement Program unreseNed fund balance to Account No. 4189-15-864-
21 for Design of Moody Street Improvements; and 3) Award a professional engineering
services contract for preparation of plans, specifications, and estimate for Cypress
Acres Sidewalks, and for preparation of plans and estimate for Moody Street
Improvements to RBF Consulting, 14725 Alton Parkway, Irvine, California 92618-2027,
for an amount not to exceed $164,516, and direct the Director of Public Works/City
Engineer to act as Contract Officer, and authorize $16,000 (10% of Award Amount) as
contingency to be used for design contingency and unforeseen work; and 4) Award a
professional engineering services contract for right-of-way acquisition for Cypress Acres
Sidewalks, and for right-of-way analysis for Moody Street Improvements to Epic Land
Solutions, 24050 Madison Street, Suite 205, Torrance, California 90505, for an amount
not to exceed $89,000, and direct the Director of Public Works/City Engineer to act as
Contract Officer, and authorize $13,000 (15% of Award Amount) as contingency to be
used for reimbursables and unforeseen work.
Item NO.8: APPROVAL OF FIRST AMENDMENT TO WEST CITIES
COMMUNICATIONS C~NT~R (WEST COMM) JOINT POWERS AUTHORITY
AGREEMENT.
Recommendation: That the City Council adopt the Resolution by title only, approving
the First Amendment to West Cities Communications Center (West Comm) Joint
Powers Authority Agreement.
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CITY COUNCIL MINUTES
JUNE 27,2005
RESOLUTION NO. 5877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO WEST
CITIES COMMUNICATIONS CENTER (WEST COMM) JOINT
POWERS AUTHORITY AGREEMENT.
Item NO.9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2005.
Recommendation: That the City Council receive and file the Investment Report for the
month of May, 2005.
Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST FOR WARRANTS NO.
70450 THROUGH 70596.
Recommendation: Approve the attached warrant register.
END OF CONSENT CALENDAR
ORDINANCES (SECOND READING):
Item No. 11: SECOND READING OF ORDINANCE TO ADOPT A MERGED,
AMENDED. AND RESTATED REDEVELOPMENT PLAN FOR THE CYPRESS
MERGED AND AMENDED REDEVELOPMENT PROJECT AREA.
It was moved by Council Member Luebben and seconded by Council Member
Seymore, that the City Council approve the second reading of the Ordinance by title
only, adopting amendments to the Redevelopment Plans for the Civic Center, Lincoln
Avenue, and Los Alamitos Race Track and Golf Course Redevelopment Project Areas,
merging the Project Areas, and adopting and approving a Merged, Amended, and
Restated Redevelopment Plan for the Cypress Merged and Amended Redevelopment
Project Area.
The motion was unanimously carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
4 COUNCILMEMBERS: Luebben, McCoy, Seymore, and McGill
o COUNCILMEMBERS: None
o COUNCILMEMBERS: None
1 COUNCILMEMBERS: Sondhi
Mayor Pro Tem Sondhi did not participate due to her ownership of property in proximity
to the project area.
ORDINANCE NO.1 067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AND ADOPTING AMENDMENTS TO THE REDEVELOPMENT
PLANS FOR THE CIVIC CENTER, LINCOLN AVENUE, AND LOS ALAMITOS
RACE TRACK AND GOLF COURSE REDEVELOPMENT PROJECT AREAS,
MERGING THE PROJECT AREAS, AND ADOPTING AND APPROVING A
MERGED, AMENDED, AND RESTATED REDEVELOPMENT PLAN FOR THE
CYPRESS MERGED AND AMENDED REDEVELOPMENT PROJECT AREA.
UNFINISHED BUSINESS:
No items.
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CITY COUNCIL MINUTES
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NEW BUSINESS:
Item No. 12: CONFIRMATION OF APPOINTMENTS TO FILL NINE (9) COMMISSION
VACANCIES.
The City Clerk provided background information on this item.
Council Member McCoy thanked all of the applicants who applied for the commission
positions.
It was moved by Council Member Luebben and seconded by Mayor Pro Tem Sondhi,
that the City Council confirm the appointments of nine (9) Commissioners to seNe a full
four (4) year term each, effective July 1, 2005.
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
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.
Samii Taylor Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor McGill requested reports from the Council Members on their respective
committee assignments.
Council Member Luebben:
Stated that he was the guest speaker at the Cypress Chamber of Commerce
Networking Breakfast. Attended a Cypress Comprehensive Marketing Strategy meeting.
Attended an O.C. Sanitation District Ad Hoc Committee meeting. Attended the Cypress
Pops Concert on the Green. Attended an O.C. Sanitation District Board meeting.
Council Member Seymore:
Attended the Measure M Kick Off meeting to determine the validity and progress of
Measure M funds. Attended the Cypress Chamber of Commerce mixer.
Council Member McCoy:
Attended a special West Comm Board meeting.
Mayor Pro Tem Sondhi:
Attended a Cypress Comprehensive Marketing Strategy meeting. Attended the
Commissioner inteNiew session. Attended the Housing and Community Development
Commission meeting where a resolution was brought forward that stated the need to
streamline or create a single definition for the term "homeless" and an advisory
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CITY COUNCIL MINUTES
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presentation was made looking at the way two bills that are currently in Congress are
attempting to change the voucher program.
Mavor McGill:
Attended an O.C. Fire Authority meeting where fireworks were discussed.
Mayor McGill asked the Chief of Police to comment on the issue of illegal fireworks and
how they can be reported.
The Chief of Police stated that every year people are injured because of inappropriate
use of fireworks. He stated that the Police Department works closely with the O.C. Fire
Authority and have a fire marshal ride with one of the officer's on the Fourth of July.
Mayor McGill asked staff to respond to the comments made previously regarding the
article on eminent domain.
The Assistant Community Development Director stated that the article was regarding a
city in Connecticut, which has redevelopment laws that are different from the State of
California. He stated that California has requirements regarding blight, which have
evolved over time.
Mayor McGill stated that a free Fourth of July event would be held at the Joint Forces
Training Base and invited the community to attend.
ITEMS FROM CITY MANAGER:
None.
The meeting was recessed to Closed Session at 7:53 p.m.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6,
Agency negotiators: Richard Storey and William W. Wynder, Employee Groups:
Cypress Police Management Association. The City Attorney stated that the City Council
met to confer with its labor negotiators regarding on-going negotiations with the Police
Management unit. The Council reviewed the unit's latest proposal and unanimously
authorized its negotiators to make a counter-offer to that proposal.
ADJOURNMENT: Mayor McGill adjourned the meeting at 8:28 p.m. to Monday, July 11,
2005, beginning at 5:30 p.m. in the Executive Board Room.
n~/~
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CLERK OF THE CITY OF CYPRESS
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