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Minutes 2005-09-12 490 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD September 12, 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 (arrived at 5:34 p.m.), Seymore, Mayor Pro Tern/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 City Engineer, Recreation and Community Services Superintendent, and City Clerk. ORAL COMMUNICATIONS: Leroy Mills, Cypress, spoke in favor of the Workshop Session discussion concept regarding Program Management Services. WORKSHOP SESSION: The Public Works Director stated that staff was prE!senting a different method of delivery of programs called program management for the Recreation and Community Center project. He stated that the purpose of the project is to modernize, add seating to the auditorium capacity, make the building ADA compliant, landscape modifications and expansion to the parking lot at the Community Center. He stated that staff has been working with potential architects for the last year. In November, 2004, the City Charter was amended to allow different types of alternative service delivery to allow for program management or de!sign/build, in place of the usual formal design/bid method. The Public Works Director stated that staff investigated the program management method in other communities including Santa Ana and Rancho Santa Margarita. Roger Torriero, Griffin Structures, Inc., discussed the traditional project delivery of design/bid/build/award, which includes the entity, the architect hired by the entity, and the general contractor hired through the bid process. He stated that this approach is falling into disfavor because cities are experiencing declining revenues, increased demand for services, and an escalation in construction costs. Mr. Torriero stated that some of the advantages of this method include wide spread use, familiarity, perceived fairness in the project, bid based upon completed documents, and yielding of a low initial construction price. Some of the disadvantages of the method are the subject to market demand/availability/cost escalation, lengthy process, unknown final cost, low bidder/subcontractors may not be desirable, and probability of claims/change orders. Mr. Torriero stated that his company uses the public sector bid practices and open book process, and private sector delivery discipline. He stated that cost estimates are provided at key points throughout the design and construction phases and that periodic reviews are held with staff, City Council, and user groups. There is a fiduciary CITY COUNCIL MINUTES 491 SEPTEMBER 12, 2005 partnership because they are paid a fixed fee, which is identified at the time the Guaranteed Maximum Price (GMP) is established and before anything is bid. Mr. Torriero discussed the project workflow from dl3sign through construction and responsibilities of the program manager. Mr. Torriero stated that advantages of this approach iinclude a Guaranteed Maximum Price at 40% of completion of architectural plans, desi~~n and preconstruction expertise without conflict of interest, all trades are publicly and competitively bid, cost and schedule control throughout design and construction, availability of fast track option, early knowledge of cost and schedule, and the ability to proactively manage the design and construction process. The Public Works Director stated that staff is seeking input from the City Council regarding this process. Council Member Luebben stated that this is a much more efficient way for agencies, which aren't set up to manage contracts such as this, to reduce risk and stress for City staff. The City Manager stated that staff will move forward with the process and will bring it back to the City Council for full consideration. At 6:20 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/Aglency 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, Assistant Community Development Director, Police Captain, Administrative Services Mana~~er, Associate Planner, and City Clerk. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by City Attornl3Y Wynder. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agencla items discussed earlier in the evening. The City Manager reported that the City Council had a discussion regarding Program Management Services for the remodel, expansion, and modernization of the Cypress Recreation and Community Center, specifically the method of bidding the construction work. A presentation was made on the concept of gross maximum price for construction services. It was the City Council's direction to move forvvard with this concept, which will be presented on a future agenda. 2 492 CITY COUNCIL MINUTES SEPTEMBER 12, 2005 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. Don Seward, Cypress, spoke regarding a National Day of Thanksgiving Proclamation. Ed Munson, Executive Director, Cypress Chamber of Commerce, introduced himself to the City Council. 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. 2005-18. DESIGN REVIEW COMMITTEE PERMIT 2005-05, A REQUEST TO CONSTRUCT A 6,350 SQUARE FOOT SIT DOWN RESTAURANT WITH ALCOHOL SALES ON PROPERTY LOCATED AT 5461 KATELLA AVENUE (NORTHWEST CORNER OF KATELLA AVENUE AND WALKER STREET) IN THE PBP ZONE. The Assistant Community Development Director provided background information on this item. Council Member Seymore asked about the rotation of the front of the building. The Assistant Community Development Director stated that the original plans submitted to staff showed the front door facing to the south with the patio on the east. Staff suggested that the patio would be better served on the south or west side and the building was rotated 90 degrees clockwise. The public hearing was opened. The applicant, Melanie Criss, Red Robin Gourmet Burgers, stated that they are a casual family dining restaurant with over 270 locations in the United States and Canada. They have reviewed the general conditions and are prepared to meet the terms for approval. 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. Council Member McCoy stated that he is pleased with the design of the restaurant and that it will fit well within the community. It was moved by Council Member McCoy and seconded by Council Member Luebben, that the City Council adopt the Resolution by title only, approving Conditional Use Permit No. 2005-18 and Design Review Committee Permit No. 2005-05 - 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 RESOLUTION NO. 5896 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING CONDITIONAL USE PERMIT NO. 2005-18 AND DESIGN REVIEW COMMITTEE PERMIT NO. 2005-05 - WITH CONDITIONS. 3 CITY COUNCIL MINUTES 493 SEPTEMBER 12, 2005 Item NO.2: PUBLIC HEARING REGARDING TENTATIVE PARCEL MAP NO. 2005- 160, A REQUEST TO SUBDIVIDE ONE PARCEL INTO TWO PARCELS ON THE PROPERTY LOCATED AT 6550 KA TELLA AVENUE AND 11130 HOLDER STREET WITHIN THE PC-2 PLANNED COMMUNITY BUSINESS PARK ZONE. The Associate Planner provided background information on this item. Mayor McGill asked about the separation of the buildin~Js at its narrowest point. The Associate Planner stated that the separation is slightly over 60 feet. The public hearing was opened. The applicant, Brian Malliet, Managing Partner, BKM Cypress Associates, LLC, stated that there are currently four interested parties that he is working with on the different buildings. 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. Council Member McCoy stated his concerns about thEl shared parking agreement and asked if there is a way to enforce the agreement. The Associate Planner stated that this is one of the Conditions of Approval and staff will enforce the condition prior to the final map being recorded with the County. He stated that the condition will be binding to anyone who purchases the property in the future. It was moved by Mayor Pro Tem Sondhi and seconded by Council Member Seymore, that the City Council adopt the Resolution by title only, approving Tentative Parcel Map No. 2005-160 - 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 RESOLUTION NO. S897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE PARCEL MAP NO. 2005-160 - WITH CONDITIONS. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by the City Council to be routine and will be enacted by one motion approving the recommendations listed on the Agenda. It was moved by Council Member McCoy and second€!d by Council Member Seymore, to approve Consent Calendar Items No.3 through 7. 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 4 494 CITY COUNCIL MINUTES SEPTEMBER 12, 2005 Item NO.3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF AUGUST 8 AND AUGUST 22, 2005. Recommendation: That the City Council approve the Minutes of the Meetings of August 8,2005, as amended, and August 22,2005, as submitted, with Council Member McCoy abstaining on the minutes of August 22, 2005, due to his absence from the meeting. 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: ADOPTION OF RESOLUTION DECLARING AN IMPASSE IN NEGOTIATIONS WITH THE CYPRESS POLICE MANAGEMENT ASSOCIATION ("CPMA"), AND IMPOSING A ONE-YEAR AGREEMENT IMPLEMENTING THE "LAST, BEST, AND FINAL" OFFER OF THE CITY OF CYPRESS. Recommendation: That the City of Cypress adopt the Resolution by title only, declaring an impasse in negotiations with the Cypress Police Management Association ("CPMA"), and imposing a one-year agreement pursuant to Resolution No. 970 and Government Code SS 3500 et seq. as implementing the last, best, and final offer of the City of Cypress. RESOLUTION NO. 5898 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING AN IMPASSE IN NEGOTIATIONS WITH THE CYPRESS POLICE MANAGEMENT ASSOCIATION ("CPMA"), AND IMPOSING A ONE-YEAR AGREEMENT PURSUANT TO RESOLUTION NO. 970 AND GOVERNMENT CODE SS 3500 ET SEQ. AS IMPLEMENTING THE LAST, BEST, AND FINAL OFFER OF THE CITY OF CYPRESS. Item NO.6: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS FOR THE REHABILITATION OF BLOOMFIELD STREET, PUBLIC WORKS PROJECT NO. 2005-01. Recommendation: That the City Council: 1) Approve the plans and specifications for Rehabilitation of Bloomfield Street, Public Works Project No. 2005-01; and 2) Authorize staff to advertise the project for bid. Item NO.7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2004-05 AND 2005-06 FOR WARRANTS NO. 71571 THROUGH 72006. Recommendation: Approve the attached warrant register and wire transfers. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: No items. 5 CITY COUNCIL MINUTES 495 SEPTEMBER 12, 2005 NEW BUSINESS: Item NO.8: STATUS REPORT ON CITY'S PARTICIPATION ON THE MEASURE M SUPER COMMITTEE. The Assistant City Manager provided background information on this item. It was moved by Council Member Luebben and seconded by Council Member Seymore, that the City Council receive and file the report. 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.9: ADOPTION OF RESOLUTION TRANSFERRING DENIAL AUTHORITY TO THE CITY MANAGER RELATED TO FCC FORMS 394 AND THE TRANSFER OF THE CITY'S CABLE TELEVISION FRANCHISE TO A TIME WARNER OR COMCAST CORPORATION ENTITY. The City Attorney requested that this item be pulled from this evening's agenda. The City Manager stated that the item is being pulled due to the questioning of the authority of this type of Resolution in another city dl3aling with a similar issue. The legality is being reviewed at this time. It was moved by Mayor Pro Tem Sondhi and seCOndE!d by Council Member Luebben, that this item be pulled from the Agenda. 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 MATTER~~: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Samii Taylor Yakovetic, spoke regarding Lincoln Center Mobile Home Park. Orange County Fire Authority Battalion Chief Peterson updated the City Council on Orange County assistance and rescue efforts for Hurricane Katrina victims. ITEMS FROM CITY COUNCIL MEMBERS: Mayor McGill requested reports from the Council Members on their respective committee assignments. 6 496 CITY COUNCIL MINUTES SEPTEMBER 12, 2005 Council Member Sevmore: Attended the ceremony honoring Cypress Police Department Detective Chris McShane. Stated he was a speaker at the Cypress Women's Club meeting regarding Habitat for Humanity. Council Member Luebben: Attended an O.C. Sanitation District Board meeting. Attended a local elected legislative mixer hosted by Anaheim Mayor Curt Pringle. Hosted a meeting of the O.C. Sanitation District ad hoc committee concerning the performance of administrative counsel. Stated that the Women's Club of Cypress will be hosting "Grandma's Story Time" at the Cypress Library on Wednesday, September 14, 2005. Mavor McGill: Visited the DUI checkpoint on Saturday, September 3, 2005. Attended the FOCCA Installation of Officers dinner. Attended the ceremony honoring Cypress Police Department Detective Chris McShane. Attended the Cypress Pops and Acacia Autumnfest. Stated that the Cypress Police Department Open House will be held on Saturday, September 17, 2005 at 10:00 a.m. Mayor McGill asked Chief Hicks to discuss the City of Cypress Emergency Operations Center and disaster preparedness plan. Chief Hicks stated that, along with the O.C. Fire Authority, the City has done several things over the last five years to be prepared for a disaster. Cypress enjoys the benefit of a stand alone Emergency Operations Center, whicll allows for a separate, secure location away from the City Hall area to manage any kind of emergency deemed necessary. He stated that four full-scale training exercises and a regional training under the Urban Area Security Initiative have taken place. Chief Hicks stated that in the last two years, all Police Department first responders have received additional training on terrorism and weapons of mass destruction. He stated that the Cypress Police Department has also participated with over 700 police and fire first responders at the O.C. Fairgrounds in a major disaster exercise. He stated that the Emergency Operation Plan is in the process of being updated and training will be provided in the first quarter of 2006. In mid-October, a class will be ready for civilians to attend on home preparedness for disasters. Mayor McGill discussed the possible cessation of the City's relationship with the O.C. Regional Airport Authority (OCRAA) and discussion at a future City Council meeting. It was the consensus of the City Council to have this item agendized. Mayor McGill discussed an Orange Line meeting that will be held on Wednesday, September 14, 2005. ITEMS FROM CITY MANAGER: The City Manager read an email he received commending Sergeant Timney and Detective McShane. He read a letter sent to the Recreation and Community Services Director thanking her for the quality programs that are offered to the community. He read a letter to Chief Hicks from Tanglewood North commending the Cypress Police Department. ADJOURNMENT: Mayor McGill adjourned the meeting at 8:10p.m. to Monday, September 26, 2005, beginning at 5:30 p.m. in the Executive Board Room. ~12~ MAYOR OF THE CITY OF CYPRESS 7 CITY COUNCIL MINUTES 497 SEPTEMBER 12, 2005 ATTEST: 8