Minutes 2006-01-09
61
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 9, 2006
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Sondhi in the Executive Board Room, 5275 Orange Ave'nue, Cypress, California.
PRESENT:
Council/Agency Board Members McGill, Seymore, Mayor Pro
Tem/Agency Vice Chair Luebben, Mayor/Agency Chair Sondhi
ABSENT:
Council/Agency Board Member McCoy
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, Administrative Services Manager,
Maintenance Supervisor, and City Clerk.
ORAL COMMUNICATIONS:
Leroy Mills, Cypress, spoke in favor of maintaining Willow Park Pond.
Rob Johnson, Recreation and Community Services Commission, spoke In favor of
maintaining Willow Park Pond.
WORKSHOP SESSION:
The Recreation and Community Services Director provided a brief history of the pond at
Willow Park.
She stated that the pond lacks water clarity due to algae and is green in color. The
structure is in fairly good condition with some failure on the lower pond on the wall just
above the water.
The Recreation and Community Services Director stated that there is a large duck
population at the pond that patrons feed and visit. Associated Laboratories was
contacted regarding any health concerns from the al!Jae in the pond. They had no
immediate concerns but would be concerned if someone waded in the pond for hours
or drank the water. Orange County Vector Control was contacted regarding Avian Flu
and West Nile. They are not concerned with the pond for West Nile because the water
is continually moving and mosquito fish are added into the pond to eliminate any larvae
that may be present. In terms of Avian Flu, there will be some concern if it were to
reach the United States. She stated that Lake EngineE!ring was contacted to examine
the structure of the pond. It was recommended that thl9 City install a filtration system,
which would generate additional movement of the water and add oxygen to the water,
as well as a gravel pit that would be a part of the cleansing process.
The Recreation and Community Services Director statE!d that staff has prepared three
options for City Council consideration: 1) Not take an~' action and existing conditions
would remain the same; 2) Rebuild the pond systE~m with filtration at a cost of
approximately $280,000; and 3) Completely demolish and remove the pond and fill in
with landscape at a cost of approximately $75,000. ShH stated that a complete rebuild
of the pond would cost approximately $500,000, which staff and the consultant do not
recommend because the structure of the pond is in sound condition.
Council Member McGill stated that his main concern had been with the potential for
Avian Flu.
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CITY COUNCIL MINUTES
JANUARY 9,2006
Council Member Seymore asked about any occurrences of accidents at the pond.
The Recreation and Community Services Director stated that her research has
indicated no instances in terms of injury or anyone falling into the pond. She stated that
there is always risk in having water.
Mayor Pro Tem Luebben stated that the value of the pond is in its aesthetics and
enjoyment people have received. He stated that due to the Recreation and Community
Services Department budget, this is not something he would like to spend a lot of
money on renovating or replacing.
Mayor Sondhi asked for the overall general assessment for the future of the pond if
nothing is done at this point.
The Recreation and Community Services Director stated that the lower pond has some
wall failure that could probably be repaired with some minor work to alleviate ground
and irrigation running into the actual pond. The consultant's assessment is that it is
structurally sound with no immediate health hazards.
Mayor Sondhi stated that the status quo is probably the best direction at this time.
Council Member Seymore stated he is supportive of either removing the pond or
leaving it as it is.
Council Member McGill stated he is supportive of keeping the pond as it is as long as a
method is in place if there becomes a health issue.
It was the consensus of the City Council to continue the current maintenance and
operation practices of Willow Park Pond without change to the pond system.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to
Government Code Section 54956.9(b), Number of cases: One.
At 5:55 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 Sondhi.
PRESENT: Council/Agency Board Members McGill, Seymore, Mayor Pro
Tem/Agency Vice Chair Luebben, Mayor/Agency Chair Sondhi
ABSENT:
Council/Agency Board Member McCoy
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, Assistant City Engineer, Administrative Services Manager,
Associate Engineer, 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:
None.
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CITY COUNCIL MINUTES
JANUARY 9, 2006
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 a workshop was held regarding the duck pond at Willow
Park. The City Council heard issues regarding the renovation of the duck pond and
possible costs versus a status quo status for the pond. He stated that the City Council
wishes to continue with the current operation of the duck pond and at such time that the
duck pond presents a threat to health and safety, appropriate measures will be taken.
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 Legal Counsel - Anticipated Litigation, pursuant to Government Code
Section 54956.9(b), Number of cases: One. The City Attorney stated that a litigation
avoidance strategy was recommended to the City Council and unanimously approved.
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 Sondhi asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
Kristy Hennessey, Time Warner Cable, spoke regarding Agenda Item No.1 O.
Bernard Carroll, Anaheim, spoke in support of Agenda litem No. 12.
Arne Chandler, Temecula, spoke in support of Agenda Item No. 12.
David Hobart, Cypress, spoke in support of Agenda Item No. 12.
Larry Culbertson, San Juan Capistrano, spoke in suppol1 of Agenda Item No. 12.
Phil Tryon, Costa Mesa, spoke in support of Agenda Item No. 12.
Sandra Montez, Cypress, Orange County Vector Control District Representative, spoke
regarding Agenda Item No. 11.
Rosalinda Guillen, Santa Ana, spoke in opposition to Agenda Item No. 12.
Scott Sink, Anaheim, spoke in opposition to Agenda Item No. 12.
Maria Gutierrez-Garcia, Cypress, spoke in opposition to Agenda Item No. 12.
Gerry Nance, Fullerton, spoke in support of Agenda Item No. 12.
Eileen Garcia, Laguna Beach, spoke in support of Agenda Item No. 12.
Lupe Moreno, Santa Ana, spoke in support of Agenda Item No. 12.
Robin Hvidston, Upland, spoke in support of Agenda Item No. 12.
Corporal Madrigal, spoke in opposition to Agenda Item No. 12.
Gerald Volomino, Lake Forest, spoke in support of Agenda Item No. 12.
Ron Cabrera, Cypress, spoke regarding graffiti on concrete walls.
Jim Gilchrist, Aliso Viejo, spoke in support of Agenda Item No. 12.
Duane Roberts, Anaheim, spoke in opposition to Agenda Item No. 12.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
MINUTES PER SPEAKER, UNLESS EXTENDED BY HiE 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.
It was moved by Council Member Seymore and seconded by Council Member McGill,
to approve Consent Calendar Items NO.1 through 7.
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CITY COUNCIL MINUTES
JANUARY 9, 2006
The motion was unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS: McGill, Seymore, Luebben and Sondhi
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy
Item NO.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF
DECEMBER 5 AND DECEMBER 12, 2005.
Recommendation: That the City Council approve the Minutes of the Meetings of
December 5 and December 12, 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: AWARD OF CONTRACT FOR PROFESSIONAL CONSULTING
SERVICES FOR AN UPDATE OF THE CYPRESS CITYWIDE TRAFFIC
IMPROVEMENT FEE ANALYSIS AND THE CYPRESS REGIONAL TRAFFIC IMPACT
FEE ANALYSIS, PUBLIC WORKS PROJECT NO. 2005-23.
Recommendation: That the City Council: 1) Award a professional consulting services
contract for an update of the Cypress Citywide Traffic Improvement Fee Analysis and
the Cypress Regional Traffic Impact Fee Analysis, Public Works Project No. 2005-23,
to Kimley-Horn and Associates, Inc., 2100 W. Orangewood Avenue, Suite 140, Orange,
California 92868, in the amount of $23,700; and 2) Authorize a contingency of $3,555
(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.
Item NO.4: ACCEPTANCE OF REHABILITATION OF TANGLEWOOD ALLEYS,
PHASE 3, PUBLIC WORKS PROJECT NO. 2004-22.
Recommendation: That the City Council: 1) Accept the project for Rehabilitation of
Tanglewood Alleys, Phase 3, Public Works Project No. 2004-22, as being satisfactorily
completed in substantial conformance with the project specifications, in the final amount
of $541,719.20; and 2) Approve the final retention payment of $27,085.96 to Copp
Contracting, P.O. Box 457, Buena Park, California 90621-0457, 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.5: ACCEPTANCE OF FINAL PARCEL MAP NO. 2005-160. PROPERTY
LOCATED AT 6550 KATELLA AVENUE AND 11130 HOLDER STREET.
Recommendation: That the City Council approve Final Parcel Map No. 2005-160 and
authorize the City Clerk to sign the record map.
Item NO.6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER, 2005.
Recommendation: That the City Council receive and file the Investment Report for the
month of November, 2005.
Item NO.7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 73234 THROUGH
73620.
Recommendation: Approve the attached warrant register and wire transfers.
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES
JANUARY 9,2006
ORDINANCES (SECOND READING):
No items.
UNFINISHED BUSINESS:
No items.
NEW BUSINESS:
Item NO.8: AWARD OF CONTRACT FOR CYPRESS ACRES SIDEWALKS ON
MERTEN AVENUE, BELMONT STREET, AND LA SALLE STREET, PUBLIC WORKS
PROJECT NO. 2005-14.
The Associate Engineer provided background information on this item.
It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben,
that the City Council: 1) Award a contract for Public Works Project No. 2005-14,
Cypress Acres Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, in
the amount of $176,006, to the lowest responsiblH bidder Damon Construction,
Cypress, California; and 2) Authorize a contingency of' $26,400 (15% 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.
The motion was unanimously carried by the following rolll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS: McGill, Seymore, Luebben and Sondhi
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy
Item NO.9: AWARD OF CONTRACT FOR ON-CALL LANDSCAPE SERVICES.
The Public Works Director provided background information on this item.
Mayor Pro Tem Luebben commended the Public Works Director for his work on this
contract.
It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore,
that the City Council award an on-call unit price/maintenance services contract for
landscaping services to Mariposa Horticultural Enterprises, Inc., in an amount not to
exceed $561,350, and direct the Director of Public Works/City Engineer to act as
Contract Officer.
The motion was unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS: McGill, Seymor'9, Luebben and Sondhi
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy
Item NO.1 0: ADOPTION OF TWO RESOLUTIONS RELATED TO THE TRANSFER
OF THE CABLE TELEVISION FRANCHISE FROM COMCAST CABLE TO TIME
WARNER, INC.
The Administrative Services Manager provided background information on this item.
Council Member McGill asked if moving forward with adoption of the Resolutions would
change the negotiations.
The City Attorney stated that continuation of the item, a.s requested by Ms. Hennessey
of Time Warner, is acceptable if there is productivity in the ongoing discussions.
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CITY COUNCIL MINUTES
JANUARY 9,2006
The Administrative Services Manager stated that staff does not oppose the extension
but Time Warner is aware of the issues the City is seeking. She stated that adoption of
the Resolutions this evening would negate any further negotiations and would possibly
require that the City bring back a future FCC form.
It was moved by Mayor Pro Tem Luebben and seconded by Mayor Sondhi, that the City
Council continue this item to the January 23, 2006 City Council meeting.
The motion was unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS: McGill, Seymore, Luebben and Sondhi
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy
Item No. 11: REQUEST OF COUNCIL: DISCUSSION OF THE ORANGE COUNTY
VECTOR CONTROL DISTRICT RETIREMENT BENEFIT.
Mayor Sondhi asked for comments and discussion on this item from the City Council.
Council Member McGill provided information on this issue and commended Sandra
Montez for her representation of Cypress as District Representative with the Orange
County Vector Control. He stated his concern about the District's previously proposed
increase in retirement benefits.
Mayor Pro Tem Luebben stated that the City Council appreciates Ms. Montez's efforts
for the City. He stated that issues that come up of a financial nature need to have
direction from the City Council and asked for clarification on the pension issue.
Mayor Sondhi stated that she would like the City Council to meet with Ms. Montez,
possibly in a workshop, if the pension issue does come back onto the table with Orange
County Vector Control, in order to get a clear understanding of what is being proposed.
It was the consensus of the City Council that staff monitor the situation and as the issue
comes to further fruition, schedule a workshop for discussion.
Item No. 12: REQUEST OF COUNCIL: DISCUSSION OF SUPPORT FOR THE CITY
OF COSTA MESA'S ACTION TO ENFORCE FEDERAL IMMIGRATION LAWS.
Mayor Sondhi provided background information on this item and asked for comments
and discussion on this item from the City Council.
Mayor Pro Tem Luebben stated that this is strictly a legal issue with Costa Mesa only
addressing legal immigration status on those persons arrested for suspicion of a
serious crime. He supports Costa Mesa's attempt to enforce the laws as they see fit in
their city and would be inclined to support these efforts.
Council Member Seymore stated that as many people as possible need to be out there
enforcing the laws and he supports the City of Costa Mesa.
Council Member McGill asked about arrest procedures in Cypress.
The Chief of Police stated that when a person is arrested, the Cypress Police
Department tries to determine their identity and address. If it is a misdemeanor crime,
the individual is identified and cited. If the arrestee cannot be identified, they are taken
to the County jail where they are processed. He stated that the County does have an
INS officer that scans all arrests made and determines if certain individuals need to be
investigated further for residency status. A judge may also order this during an
arraignment in court.
The Chief of Police stated that all felony arrests are taken to the County jail for the
exact same process.
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CITY COUNCIL MINUTES
JANUARY 9, 2006
Council Member McGill stated that Cypress has been fortunate to not have immigration
issues but neighboring cities have had issues take place. He stated that he would also
be open to having a letter of support sent to the Orange County Sheriff's Department.
Mayor Sondhi asked about the application that Costa Mesa is making through the
Board of Supervisors to be included in the O.C. Sheriff's Department to Immigration
and Customs Enforcement (ICE).
The Chief of Police stated that they are moving forward but neither the O.C. Sheriff's
Department or Costa Mesa have a signed memorandum of understanding with ICE.
Mayor Sondhi asked for clarification about the similaritiHs between Costa Mesa and the
O.C. Sheriff's Department.
The Chief of Police stated that each County Sheriff is responsible for the incarceration
and delivery of all arrestees for arraignment. Those jurisdictions with their own jails take
the responsibility upon themselves, such as Costa Mesa, who must then also identify
their status.
Mayor Sondhi asked for clarification on the term "illegal" and criminal status.
It was moved by Council Member McGill and seconded by Mayor Pro Tem Luebben,
that the City Council send a letter of support to the City of Costa Mesa and the Orange
County Sheriff's Department for their application efforts to Immigration and Customs
Enforcement.
The motion was unanimously carried by the following roll call vote:
AYES: 4
NOES: 0
ABSENT: 1
COUNCILMEMBERS: McGill, Seymore, Luebben and Sondhi
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy
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.
No items.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Sondhi requested reports from the Council Members on their respective
committee assignments.
Mavor Pro Tem Luebben:
Attended an O.C. Sanitation District Finance Administration and Human Resources
meeting. Attended and chaired an O.C. Sanitation District Construction in Process Ad
Hoc Committee meeting.
Council Member Seymore:
Attended an O.C. Transportation Authority Super M Committee meeting. Council
Member Seymore reported on his attendance and involvement in various community
events and activities.
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CITY COUNCIL MINUTES
JANUARY 9, 2006
Mavor Sondhi:
Mayor Sondhi reported on her attendance and involvement in various community
events and activities.
ITEMS FROM CITY MANAGER:
The City Manager asked the Assistant City Engineer to provide a visual overview of the
City Hall construction over the last two weeks.
The Chief of Police provided a status on a murder investigation in the City.
The Recreation and Community Services Director stated that the City of Cypress will be
receiving an Award of Excellence from the California Parks and Recreation Society for
a joint drop-in teen program with the City of La Palma.
ADJOURNMENT: Mayor Sondhi adjourned the meeting at 9:10p.m. to Monday,
January 23,2006, beginning at 5:30 p.m. in the Executive Board Room.
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ATTEST:
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