Minutes 2006-06-12
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 12, 2006
A regular meeting of the Cypress City Council was called to order at 5:30 p.m. by Mayor
Pro Tem Luebben in the Council Chamber, 5275 Orange Avenue, Cypress, California.
Members present:
Mayor Pro Tem/Agency Vice Chair Phil Luebben
Council/Agency Board Member Mike McGill
Council/Agency Board Member Todd Seymore
Members absent:
Mayor/Agency Chair Lydia Sondhi
Council/Agency Board Member Frank McCoy
Others present:
Acting City Manager Richard Storey
City Attorney William Wynder
Finance Manager Matt Burton
City Clerk Jill Ingram
Deputy City Clerk Denise Basham
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, Employee Groups: Cypress Police
Management Association, Cypress Police Officers Association, Cypress Employees
Association, Cypress Maintenance Supervisors Association.
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 City Council would be meeting in Closed Session
regarding Public Employee Appointment, pursuant to Government Code Section 54957,
Title: City Clerk.
At 5:32 p.m., the Mayor Pro Tem 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 Pro Tem Luebben.
Members present:
Mayor Pro Tem/Agency Vice Chair Phil Luebben
Council/Agency Board Member Mike McGill
Council/Agency Board Member Todd Seymore
Members absent:
Mayor/Agency Chair Lydia Sondhi
Council/Agency Board Member Frank McCoy
Others present:
Acting City Manager Richard Storey
City Attorney William Wynder
Chief of Police Rick Hicks
Acting Community Development Director Ted Commerdinger
Recreation and Community Services Director Laura Detweiler
Police Captain Mike Idom
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CITY COUNCIL MINUTES
JUNE 12,2006
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Contracts/Environmental Affairs Manager Gonzo Vazquez
Finance Manager Matt Burton
Associate Planner Kori Nevarez
City Clerk Jill Ingram
Deputy City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Seymore.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
An annual update was provided by Sandra Montez, Cypress Representative, and
Michael Hurst, Communications Director, Orange County Vector Control District.
The Mayor Pro Tem presented a Certificate of Special Recognition to Amanda Wong,
Cypress High School, on receiving a Disneyland Resort Scholarship.
The Mayor Pro Tem and City Council presented a Certificate of Special Recognition to
Jill R. Ingram, City Clerk.
The City Clerk thanked the City Council and staff for their support.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
The Mayor Pro Tem 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 Labor Negotiators, pursuant to Government Code Section 54957.6,
Agency negotiators: Richard Storey, Employee Groups: Cypress Police Management
Association, Cypress Police Officers Association, Cypress Employees Association,
Cypress Maintenance Supervisors Association. The City Attorney stated that a status
report was provided and with respect to the Cypress Police Management Association and
Cypress Police Officers Association, the City Council unanimously authorized a response
to the latest proposals from these bargaining units. He stated that with respect to the
Cypress Employees Association and Cypress Maintenance Supervisors Association, a
preliminary negotiating reaction has been authorized by the City Council subject to
bringing a more detailed proposal back to the full City Council for consideration.
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 further discussions will be held when all Council
Members are present at the next Council meeting.
The City Attorney reported that the City Council met in Closed Session regarding Public
Employee Appointment, pursuant to Government Code Section 54957, Title: City Clerk.
The City Attorney stated that further discussions will be held when all Council Members
are present at the next 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 Pro Tem Luebben asked anyone who wished to speak on any topic not included
on the meeting Agenda to come forward.
Wendel Zeller, Cypress, spoke regarding property rights.
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CITY COUNCIL MINUTES
JUNE 12, 2006
Don Seward, Cypress, spoke regarding Tanglewood alley.
The following students from Los Alamitos High School were in attendance and spoke
for their government class:
Andrew Fitzgerald
Anthony Giambona
Ricky Eisenberg
Jennifer Can be
Alyssa Bent
Tim Keenan, Cypress, commended Jill Ingram on her contributions to the City.
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 AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2002-13. A REQUEST TO EXPAND AN EXISTING MONOPINE DESIGN
ANTENNA FACILITY LOCATED AT 4129 Y2 BALL ROAD WITHIN THE CG-10,000
COMMERCIAL GENERAL ZONE.
The Associate Planner provided background information on this item.
Amy Julian, representing Cingular Wireless, was present.
The public hearing was opened.
Mayor Pro Tem Luebben asked if there was anyone who wished to speak in favor of
the item.
Mayor Pro Tem Luebben asked if there was anyone who wished to speak against the
item.
The public hearing was closed.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council adopt the Resolution by title only, approving an amendment to
Conditional Use Permit No. 2002-13 - with conditions.
The motion was unanimously carried by the following roll call vote:
AYES: 3
NOES: 0
ABSENT: 2
COUNCIL MEMBERS: McGill, Seymore and Luebben
COUNCIL MEMBERS: None
COUNCIL MEMBERS: McCoy and Sondhi
RESOLUTION NO. 5950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
NO. 2002-13 - 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 Seymore and seconded by Council Member McGill,
to approve Consent Calendar Items NO.2 through 12.
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The motion was unanimously carried by the following roll call vote:
AYES: 3 COUNCILMEMBERS: McGill, Seymore and Luebben
NOES: 0 COUNCILMEMBERS: None
ABSENT: 2 COUNCILMEMBERS: McCoy and Sondhi
Item NO.2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY
22, 2006.
Recommendation: That the City Council approve the Minutes of the Meeting of May
22,2006, as submitted.
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 REPLACEMENT OF BASKETBALL
COURT AT PINEWOOD PARK. CONSTRUCTION OF PICNIC SHELTER SLAB AT
PEPPERTREE PARK. AND CONSTRUCTION OF ACCESS RAMPS AT VARIOUS
LOCATIONS, PUBLIC WORKS PROJECT NOS. 2005-07. 2003-35. AND 2004-23.
Recommendation: That the City Council: 1) Award a contract for Public Works Project
Nos. 2005-07, 2003-35, and 2004-23, Replacement of Basketball Court at Pinewood
Park, Construction of Picnic Shelter Slab at Peppertree Park, and Construction of Access
Ramps at Various Locations, in the amount of $97,331, to the lowest responsible bidder,
JMA Construction, Simi Valley, CA; and 2) Authorize a contingency of $14,600 (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.
Item NO.5: APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF
CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1
FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON
CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90.
Recommendation: That the City Council adopt the Resolutions by title only, approving
the City Engineer's Report and establishing a public hearing for July 10, 2006, declaring
the City Council's intention to order the renewal of Cypress Corporate Center Landscape
Maintenance District NO.1 for the maintenance of the landscaping and irrigation system
on the berm on the north side of the Stanton Channel.
RESOLUTION NO. 5951
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE CITY ENGINEER'S REPORT DATED JUNE 12,2006,
IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE
CENTER LANDSCAPE MAINTENANCE DISTRICT NO.1.
RESOLUTION NO. 5952
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL
OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE
DISTRICT NO.1 FOR FISCAL YEAR 2006-07, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME
AND PLACE FOR HEARING OBJECTIONS THERETO.
Item No.6: ACCEPTANCE OF CYPRESS ACRES SIDEWALKS ON MERTEN
AVENUE. BELMONT STREET, AND LA SALLE STREET, PUBLIC WORKS PROJECT
NO. 2005-14.
Recommendation: That the City Council: 1) Accept the project for Cypress Acres
Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, Public Works Project
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CITY COUNCIL MINUTES
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No. 2005-14, as being satisfactorily completed in conformance with the project
specifications, in the final amount of $176,287.50; and 2) Approve the final retention
payment of $17,628.75 to Damon Construction, 8851 Watson Street, Cypress, CA
90630, 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 PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF A WROUGHT IRON FENCE AND GATE AND MASONRY
PILASTERS ALONG THE SOUTH AND WEST SIDES OF DARRELL ESSEX PARK,
PUBLIC WORKS PROJECT NO. 2004-17.
Recommendation: That the City Council approve the plans and specifications for
Installation of a Wrought Iron Fence and Gate and Masonry Pilasters along the South and
West sides of Darrell Essex Park, Public Works Project No. 2004-17.
Item NO.8: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES, PUBLIC WORKS
PROJECT NO. 2006-08.
Recommendation: That the City Council: 1) Approve the plans and specifications for the
Installation of ConduiVCable for CCTV Purposes, Public Works Project No. 2006-08; and
2) Approve an increase to the estimated revenues in the Measure M Fund (Fund 39) in
Other Grants, Account No. 3525-39 for $246,840; and 3) Approve the appropriation of
$363,000 from the unreserved fund balance of the Measure M Fund (Fund 39) to
Account No. 4186-39-889-22.
Item No.9: AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) CONTRACTS FOR FISCAL YEAR 2006-2007.
Recommendation: That the City Council adopt a Resolution by title only, approving the
City's participation in the Urban Counties Program for the expenditure of Community
Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager,
Community Development Director, and/or their designees to execute the three (3)
associated contracts, and all other documents and instruments required by the County of
Orange and/or the Federal Department of Housing anlj Urban Development (HUD) for
participation in the Urban Counties Program, on behalf of the City Council.
RESOLUTION NO. 595:3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING THE EXECUTION OF THREE (3) CONTRACTS FOR THE
AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM
YEAR SPANNING JULY 1, 2006 THROUGH JUNE 30, 2007.
Item No. 10: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY.
Recommendation: That the City Council, and acting as the ex-officio governing Board
of Directors of the Cypress Recreation and Park District, adopt the Resolution by title
only, adopting the Annual Statement of Investment Policy.
RESOLUTION NO. 5954
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF
DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT,
ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY.
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Item No. 11: DESIGNATION OF CITY STAFF TO TAKE ETHICS TRAINING.
Recommendation: That the City Council designate that all City Staff required to
complete Form 700 of the Fair Political Practices Commission (Statement of Economic
Interests) be required to complete ethics training requirements as outlined in Assembly
Bill (AB) 1234, entitled Local Agencies - Compensation and Ethics.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 75695 THROUGH
75910.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2005-06.
END OF CONSENT CALENDAR
ORDINANCES (SECOND READING):
No items.
UNFINISHED BUSINESS:
No items.
NEW BUSINESS:
Item No. 13: APPROVAL OF DESIGN REVIEW COMMITTEE PERMIT NO. 2006-02,
A REQUEST BY THE CYPRESS RECREATION AND PARK DISTRICT TO
MODERNIZE AND EXPAND THE CYPRESS COMMUNITY CENTER LOCATED AT
5700 ORANGE AVENUE IN THE PS PUBLIC AND SEMI-PUBLIC ZONE.
The Acting Community Development Director provided background information on this
item.
Council Member McGill asked the Recreation and Community Services Director for a
description of the condition of the facility.
The Recreation and Community Services Director stated that the focus behind the
project will be to modernize the entire facility and expand the auditorium.
Mayor Pro Tem Luebben stated that various options were provided at several
workshops and that the Council selected to go forward with the most aggressive and
thorough expansion, which he feels is money well spent and will serve the community
for many years to come.
Council Member McGill asked for an overview of fundin!J for the project.
The Acting City Manager stated that several sources have been used including park
development fees, bond money from the state, and the Redevelopment Agency.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council: 1) Adopt the Resolution by title only, approving Design Review
Committee Permit No. 2006-02 - with one condition; and 2) Certify the Mitigated Negative
Declaration (DeMinimus) and Mitigation Monitoring Program.
The motion was unanimously carried by the following roll call vote:
AYES: 3
NOES: 0
ABSENT: 2
COUNCILMEMBERS: McGill, Seymore and Luebben
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy and Sondhi
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RESOLUTION NO. 5955
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT
NO. 2006-02 - WITH CONDITIONS.
Item No. 14: ADOPTION OF ORDINANCE AMENDING CHAPTER 2. ARTICLE IV.
SECTIONS 2-40 THROUGH 2-120 RELATED TO "BOARDS. COMMISSIONS AND
COMMITTEES."
The Administrative SeNices Manager provided background information on this item.
It was moved by Council Member Seymore and seconded by Mayor Pro Tem Luebben,
that the City Council introduce for first reading the Ordinance by title only, amending
Chapter 2, Article IV, Sections 2-40 through 2-120 of the Cypress Municipal Code
related to "Boards, Commissions and Committees."
The motion was unanimously carried by the following roll call vote:
AYES: 3
NOES: 0
ABSENT: 2
COUNCILMEMBERS: McGill, Seymore and Luebben
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy and Sondhi
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND THE EX-OFFICIO GOVERNING BODY OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING CHAPTER 2,
ARTICLE IV, SECTIONS 2-40 THROUGH 2-120, RELATED TO
"BOARDS, COMMISSIONS AND COMMITTEES."
Item No. 15: ADOPTION OF A RESOLUTION TO APPROVE THE THIRD REVISION
TO THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL.
The Administrative SeNices Manager provided background information on this item.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council adopt a Resolution by title only, adopting the third revision to the
Boards, Commissions and Committees Policy Manual.
The motion was unanimously carried by the following roll call vote:
AYES: 3
NOES: 0
ABSENT: 2
COUNCILMEMBERS: McGill, Seymore and Luebben
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy and Sondhi
RESOLUTION NO. 5956
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
ADOPTING THE THIRD REVISION TO THE BOARDS, COMMISSIONS
AND COMMITTEES POLICY MANUAL.
Item No. 16: APPROVAL OF WEST COUNTY S.W.A.T. PROTOCOL.
The Police Captain provided background information on this item.
Council Member McGill asked about the benefits of the West County S.W.A.T.
The Police Captain stated that a cost reduction has been received in addition to a larger
team.
Mayor Pro Tem Luebben asked about the City's potential liability exposure.
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CITY COUNCIL MINUTES
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The City Attorney stated that the current protocol complies with the changes in the
public meetings law requirement and enhanced the indemnity and reciprocal protection
of the City.
It was moved by Council Member McGill and seconded by Council Member Seymore,
that the City Council approve the West County S.W.A.T. Protocol, including the liability
provisions therein, and authorize the Chief of Police to execute the same.
The motion was unanimously carried by the following roll call vote:
AYES: 3
NOES: 0
ABSENT: 2
COUNCILMEMBERS: McGill, Seymore and Luebben
COUNCILMEMBERS: None
COUNCILMEMBERS: McCoy and Sondhi
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.
The following students from Los Alamitos High School were in attendance and spoke
for their government class:
Karen Encarnacion
Heather Werner
Charlie Kerr
Julie Le
Fletcher Kelley
Albert Shin
Kenneth Sebrow
Jeff Wastell
Jake Encinas
Kyle Robbins
Paul McGinnis
Amanda Sams
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Pro Tem Luebben requested reports from the Council Members on their
respective committee assignments.
Council Member McGill:
Council Member McGill spoke regarding his participation in the recent election.
Council Member Seymore:
Council Member Seymore reported on his attendance and involvement at various
community events and activities.
Mavor Pro T em Luebben:
Attended an O.C. Sanitation District Board meeting. Attended a City Comprehensive
Marketing Strategy meeting. Mayor Pro Tem Luebben reported on his attendance and
involvement at various community events and activities.
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ITEMS FROM CITY MANAGER:
The Acting City Manager thanked City Clerk Jill Ingram for her service to the City.
ADJOURNMENT: Mayor Pro Tem Luebben adjourned the meeting at 8:15 p.m. in
honor of Orange City Council Member Steve Ambriz to Monday, June 26, 2006,
beginning at 5:30 p.m. in the Executive Board Room.
ATTEST:
~ 6eu%tuYl
CITY CLERK OF THE CITY OF CYPRESS
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