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Minutes 2006-03-13 96 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 13, 2006 A regular meeting of the Cypress City Council was called to order at 5:33 p.m. by Mayor Sondhi in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Frank McCoy Council/Agency Board Member Mike McGill Others present: City Manager David Norman City Attorney William Wynder Assistant City Manager David Belmer Chief of Police Rick Hicks Director of Finance and Administrative Services Richard Storey Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Associate Engineer Jim Gorin Acting Public Works Superintendent Bobby Blackburn Deputy City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Public Works Director stated that the Facilities Condition Assessment included the following buildings: City Hall, Police Department, Council Chamber, Senior Center Kids Corner North and South, City Yard, and Arnold Cypress Park Pavilion. He stated that maintenance on leased buildings has been negotiated with the lessee. The Associate Engineer stated that the City hired TEC Engineering, who specializes in these types of assessments. Their team consisted of an architect, structural expert, mechanical engineer, and electrical engineer. The inspection consisted of visual testing, non-destructive testing, reviewing building department records, plans, and interviewing employees. He stated that buildings were in good condition without any unusual or major deficiencies and that repair work is a small percentage of the total replacement value of the buildings. The most costly repairs were identified replacement for 30 to 40 year old electrical panels at City Hall, City Yard, and Council Chamber. The Public Works Director discussed various repair cost summaries including building priority, backlog priority, and funding program. He stated that the total cost of repairs is approximately $617,000. The Associate Engineer stated that the telephone and communications room in front of City Hall has ongoing roof leaks, and it is difficult for roof repair and more expensive. CITY COUNCIL MINUTES MARCH 13, 2006 97 The Public Works Director stated that the most expensive repair is electrical. He stated that HV AC repairs have not been included in the analysis. Mayor Sondhi stated that she is very pleased with the Facility Condition Assessment and appreciated all of the detail in the summary. Council Member Seymore commended staff of their detailed job. Mayor Pro Tem Luebben stated that he is pleased at the good shape that City buildings are in and asked about how the buildings are depreciatHd and for clarification on leased buildings. He commended staff for the maintenance process. 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. 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 by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under Negotiation: Price and Terms of Payment. At 5:54 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 7:01 p.m. by Mayor Sondhi. Members present: Mayor/Agency Chair Lydia Sondhi Mayor Pro Tem/Agency Vice Chair Phil Luebben Council/Agency Board Member Frank McCoy Council/Agency Board Member Todd Seymore Members absent: Council/Agency Board Member Mike McGill Others present: City Manager David Norman City Attorney William Wynder Assistant City Manager David Belmer Chief of Police Rick Hicks Director of Finance and Administrative Services Richard Storey Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Assistant Community Development Director Ted Commerdinger Administrative Services Manager June Liu Contracts/Environmental Affairs Manager Gonzalo Vazquez Associate Planner Doug Hawkins Deputy City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Camp Fire USA: "The Laughing Turtles." INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: None. 2 CITY COUNCIL MINUTES MARCH 13, 2006 98 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 staff presented a Facility Condition Assessment. There is approximately $617,000 worth of deferred and common maintenance that must be done to City buildings. 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 briefing was provided regarding the facts and circumstances. No reportable action was taken nor was any solicited. 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 by APN Numbers 134-011-43 & 45, Located at 6122 Lincoln Avenue, Negotiating Party: Executive Director, Deputy Executive Director, and Agency Counsel, Under Negotiation: Price and Terms of Payment. The City Attorney stated that a settlement discussion was held regarding development and/or negotiating opportunities for this site and the Agency Board Members, with Agency Board Members McCoy and McGill absent, unanimously directed staff to proceed forward with negotiation of an exclusive negotiating agreement to be brought back for public consideration and action at a future date. 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. None. 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. 2006-02. A REQUEST TO CONSTRUCT FOUR (4) CONDOMINIUM UNITS ON THE PROPERTY LOCATED AT 5582 KAREN AVENUE WITHIN THE RS-6.000 01 RESIDENTIAL SINGLE-FAMILY DENSITY INCENTIVE ZONE. The Associate Planner provided background information on this item. The City Attorney stated that from his perspective, the only significant change in the project from its original application and its present application, is an argument advanced by legal counsel that the City of Cypress has no legal authority but to approve a four unit project under Government Code Section 65863. After careful review, the City Attorney concludes that the code section does not require, as a matter of law, approval of this project. He stated that counsel will take into consideration any evidentiary reasons that come out during the presentation of this matter that would satisfy counsel that a four unit project would be appropriate. The public hearing was opened. 3 - CITY COUNCIL MINUTES MARCH 13, 2006 99 The architect for the project, Brent Sears, spoke regarding resubmission of the application to construct four units. He stated that the project seems to be within the density the City allows and the parking exceeds the requirements of the City. Mayor Sondhi asked that correspondence received regarding this matter be placed in the record. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. I Mayor Sondhi asked if there was anyone who wished to speak against the item. The following spoke in opposition to the project: Ron Spray, Cypress Marla Dickinson, Cypress Nancy Killingstad, Cypress Robert Burns, Cypress Tom Grant, Cypress Connie Jones, Cypress Alex Go, Cypress Ron Nielson, Cypress Wendell Zeller, Cypress, spoke regarding the project. Mr. Sears stated that it is not the intent to upset the neighbors and asked that the City Council approve the project as submitted. The public hearing was closed. I It was moved by Council Member McCoy and seconded by Mayor Pro Tem Luebben, that the City Council adopt the Resolution by title only and waive further reading, denying Conditional Use Permit No. 2006-02 - with conditions. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCIL MEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCIL MEMBERS: None COUNCIL MEMBERS: McGill RESOLUTION NO. 5923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING CONDITIONAL USE PERMIT NO. 2006-02 - WITH CONDITIONS. The meeting was recessed at 7:45 p.m. to celebrate Camp Fire USA's 96th Anniversary. The meeting was reconvened at 8:00 p.m. CONSENT CALENDAR: I 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 Luebben and seconded by Council Member Seymore, to approve Consent Calendar Items No.2 through 9. 4 - CITY COUNCIL MINUTES MARCH 13, 2006 100 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McGill Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF JANUARY 30 AND FEBRUARY 27. 2006. Recommendation: That the City Council approve the Minutes of the Meetings of January 30 and February 27, 2006, as submitted, with Council Member McCoy abstaining on the minutes of January 30, 2006, due to his absence from the meeting. Item NO.3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item NO.4: AWARD OF CONTRACT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES. PUBLIC WORKS PROJECT NO. 2005-33. Recommendation: That the City Council award a contract for traffic signal maintenance services to Republic Electric, 715 E. Debra Lane, Anaheim, CA 92805, for a three year term, and direct the Director of Public Works/City Engineer to act as a Contract Officer. Item NO.5: AWARD OF CONTRACT TO PURCHASE TWO (2) MESSAGE BOARD TRAILERS. Recommendation: That the City Council award a contract to purchase two (2) message board trailers from Kustom Signals, 9325 Pflumm, Lenexa, KS 66215, in the amount of $47,101.50. Item NO.6: APPROVAL OF CONTRACT CHANGE ORDERS NOS. 1 THROUGH 3 FOR CITY HALL REMODEL, PUBLIC WORKS PROJECT NO. 2003-18. Recommendation: That the City Council approve Contract Change Order Nos. 1 through 3 for City Hall Remodel, Public Works Project No. 2003-18, to Thomco Construction, Anaheim, CA, in the amount of $95,595.52. Item NO.7: APPROPRIATION OF FUNDS FOR THE PROCUREMENT AND INSTALLATION OF MOBILE DATA COMPUTERS. Recommendation: That the City Council: 1) Approve the transfer of $200,000 from the General Fund (2200-11) to the Equipment Replacement Fund (1200-90); and 2) Appropriate $232,000 from the Unreserved Fund Balance of the Equipment Replacement Fund to account number 4305-90-656-35 (Police Equipment) for the procurement and installation of the Mobile Data Computers (MDC's); and 3) Reduce the appropriation in account 4187-161-11-05 by $32,000, and transfer $32,000 from the General Fund (2200-11) to the Equipment Replacement Fund (1200-90). Item NO.8: APPROPRIATION OF FUNDS FOR THE REPLACEMENT OF AN EMERGENCY ASSISTANCE JAIL ALARM SYSTEM. Recommendation: That the City Council: 1) Appropriate $1,854.65 to account number 4305-90-665-35 from the Equipment Replacement Fund balance, for the replacement of the Emergency Assistance Jail Alarm System. Item NO.9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 74400 THROUGH 74621 . Recommendation: Approve the attached warrant register and wire transfers. 5 - CITY COUNCIL MINUTES MARCH 13, 2006 101 END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. UNFINISHED BUSINESS: I No items. NEW BUSINESS: Item No. 10: APPROVAL OF APPLICATION TO PARTICIPATE IN THE ORANGE COUNTY SANITATION DISTRICT COMPOST USE PROGRAM. The Contracts/Environmental Affairs Manager provided background information on this item. Layne Baroldi, O.C. Sanitation District, provided a presentation on the Compost Use Program. Mayor Pro Tem Luebben asked if the O.C. Sanitation District could attend the Arbor Day Celebration and Cypress Community Festival to provide information and samples for the participants. Council Member McCoy asked about placing the compost in the center medians on Ball Road. I It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council approve submittal of an application to the Orange County Sanitation District to participate in the Biosolids Compost Program. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McGill Item No. 11: ADOPTION OF A RESOLUTION TO REJECT AND DENY WITHOUT PREJUDICE A FCC FORM 394 RELATED TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM TIME WARNER. INC. TO TWE HOLDING I LLC. The Administrative Services Manager provided background information on this item. Council Member Seymore asked if this would combine the two separate franchises into one. I The Administrative Services Manager stated that Time Warner is hoping that the entire cable operation within the City will be under their entity. If this is not possible, Time Warner and Comcast have agreed to independently participate to come to terms of a franchise agreement. It was moved by Mayor Pro Tem Luebben and seconded by Council Member Seymore, that the City Council adopt a Resolution by title only, related to the second FCC Form 394 application received by the City of Cypress from Time Warner concerning a transfer of the cable franchise. 6 - CITY COUNCIL MINUTES MARCH 13, 2006 102 The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McGill RESOLUTION NO. 5924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REJECTING AND DENYING WITHOUT PREJUDICE A FCC FORM 394 RELATING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE, AND/OR CONTROL THEREOF, TO TWE HOLDING I, LLC. Item No. 12: APPROVAL OF SETTLEMENT AGREEMENT AND RELEASE BY AND BETWEEN THE CITY OF CYPRESS AND EVELYN ENCARNACION. OWNER OF HOT SHOT BILLIARD AND HOT SHOT CAFE. The City Attorney provided background information on this item. Council Member McCoy asked about the serving of alcohol past 2:00 a.m. The Chief of Police stated that he does not believe the business was ever cited for serving alcohol past 2:00 a.m. but it was a concern that they were open past 2:00 a.m. The attorney representing the owner, Evelyn Encarnacion, stated that the recommendations stated by the City Attorney are already in effect and Ms. Encarnacion appreciates the support by the City on this issue. It was moved by Council Member McCoy and seconded by Council Member Seymore, that the City Council approve the Settlement Agreement and Release of All Claims by and between the City of Cypress and Evelyn Encarnacion, Owner of Hot Shot Billiard and Hot Shot Cafe. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McGill COUNCIL MEMBER REQUESTS: Item No. 13: DISCUSSION REGARDING THE CITY OF CYPRESS RECOGNITION PROCEDURE. Mayor Pro Tem Luebben spoke regarding issues with the recognition program the way it is currently written. He stated that he would like to amend the Eagle Scout section to include all recipients and suggested the wording be changed to "or members of a Cypress-based or neighboring community-based troop." Mayor Sondhi stated that the certificate is an attempt to recognize and highlight the excellence of these young men who are making these kind of achievements but she does not want to diminish this honor by spreading the honors to individuals that the City has no likelihood of having ever known in any form or fashion. She suggested the wording be limited to Cypress-based troop. Council Member McCoy stated that he feels the City should be recognizing Cypress citizens and he would hope that a Council Member from another city would be presenting a letter or certificate to the individual from their city. He stated that it takes away from the City's level of recognition to residents if they are going to anyone who requests it but he would not be against a Cypress-based troop. 7 - CITY COUNCIL MINUTES MARCH 13, 2006 103 Mayor Pro Tem Luebben stated that Cypress is part of a community of surrounding cities and should not be locked in by City boundaries when giving out these awards. Council Member Seymore stated that he feels the awards should be kept within the Cypress community, for residents as well as Cypress-based troops. Mayor Pro Tem Luebben clarified that the wording should be inserted after the word "Cypress." I It was moved by Council Member Seymore and seconded by Council Member McCoy, that the recognition procedure language be amended to include Cypress-based organizations for Eagle Scout awards. The motion was unanimously carried by the following roll call vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: McCoy, Seymore, Luebben and Sondhi COUNCILMEMBERS: None COUNCILMEMBERS: McGill 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. I Sami Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park. Keith Walsh, The Event Newspaper, introduced himself. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Seymore: Attended an O.C. League of California Cities meeting. Council Member Seymore reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Luebben: Attended an O.C. Sanitation District Committee meeting. Attended a Marketing Strategy Committee meeting. Mayor Pro Tem Luebben reported on his attendance and involvement at various community events and activities. I Mayor Sondhi: Attended a Marketing Strategy Committee meeting. Mayor Sondhi reported on her attendance and involvement at 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. 8 - CITY COUNCIL MINUTES MARCH 13, 2006 104 The City Manager stated that a workshop to review Non-Profit Grant Requests, review the 2006-2013 Capital Improvement Projects, and review of the City's General Fund Designations will be held on March 20, 2006. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:59 p.m. to a Special Meeting on Monday, March 20, 2006, beginning at 5:30 p.m. in the Executive Board Room. ATTEST: 9 -