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Minutes 2006-08-28 226 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 28, 2006 A regular meeting of the Cypress City Council was called to order at 5:31 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 Frank McCoy (arrived at 5:34 p.m.) Council/Agency Board Member Mike McGill (arrived at 6:25 p.m.) Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Public Works Superintendent Bobby Blackburn Recreation Superintendent Dena Diggins Acting City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Mayor Sondhi announced that the topic of tonight's workshop would be the Award of Performance Contracting Agreement to Siemens Building Technologies, Inc. for HVAC, Lighting, and Energy Services. The Director of Public Works/City Engineer provided background information on this item. He introduced the project team: Brian Morford, Siemens Project Manager; Bobby Blackburn, Cypress Maintenance Superintendent; Bob Cheshire, Siemens General Manager; and Bill Wynder, City Attorney. The Director of Public Works/City Engineer discussed the selection process, request for qualifications, the goals, and rankings. He indicated that the City was looking to hire one vendor who will be in charge of the management of the contract, construction, and maintenance of the facilities over the long-term. He noted that the Library has requested they maintain their own system since they just put in a brand new one. Mayor Pro Tem Luebben expressed concern about the library having the funding to maintain its system. Brian Morford, Siemens, briefly reviewed the scope of the work to be performed. He indicated that quite a bit of maintenance work will be performed at the Police Department but no major equipment replacement. He stated that the cooling tower and pumping systems will need more efficient motors and discussed equipment conditions in Dispatch, the gym and the conference room. CITY COUNCIL MINUTES 227 AUGUST 28, 2006 Mr. Morford next reviewed the scope of work to be performed in the Civic Center. He stated that the telephone room server and split unit would be replaced and the boiler room will be entirely re-piped, and boilers and pumps replaced. Mr. Morford stated that the Senior Center will have a durable frequency drive to offer more efficient operations of the unit. At the Maintenance Yard, a planned replacement was prepared for five to seven years from now. Staff was questioned on the cost of replacement in the next five to seven years and indicated that the risk factor would fall upon Siemens under the contract. It was also noted that the City Council Chambers was in very good condition. The Public Works Director/City Engineer discussed costs, budget cash flow, and cost escalation factors. He explained that this is a comprehensive maintenance contract and there should be some energy savings per year. Councilmember McCoy questioned staff on the annual costs, especially when the new equipment would be under warranty. The Public Works Director/City Engineer explained that some of the equipment is under warranty for a very short period of time and that essentially, the City of Cypress is buying a bulk package for a period of years. He stated that the City is doing a combination of hiring the experts and outsourcing the services. Mayor Pro Tem Luebben questioned staff on what type of benefits the City is receiving from Siemens as opposed to a smaller company and are there economies of scale? Council Member McCoy reiterated his concerns about annual costs for new equipment which doesn't break down every year. Mayor Sondhi commented that there are a lot of items that are not being replaced. The City Attorney suggested that concerns about the costs of the contract and achievement of acceptable savings be discussed during the regular City Council meeting and that ultimately, it is a policy question. Mr. Cheshire clarified that this is a full coverage maintenance contract where all preventive maintenance is performed and any time a problem happens that it is also included. He stated that typical warranties are only for one year. Mayor Pro Tem Luebben wanted to know what staff had done to assure themselves that this is a reasonable price that the City Council is being asked to approve. The Public Works Director/City Engineer explained the process and potential cost savings over the next ten years. The Acting City Manager felt that over the next ten years, the City would be replacing everything that would be purchased right now. The City is currently paying for maintenance services, which probably comes close to $80,000 or greater right now. These systems will have to be replaced over the next ten years, and the City is getting a guaranteed price up front. Council Member McCoy expressed his concern about spending over $1 million in a service contract to maintain these units. Mayor Pro Tem Luebben questioned staff on whether there is any way of comparing the HV AC and maintenance systems in the non-Siemens environment with an in- house/contract basis. The City Attorney suggested this item be continued if an analysis of data of utilizing a comprehensive provider versus a non-comprehensive provider format would be of assistance. 2 228 CITY COUNCIL MINUTES AUGUST 28, 2006 Council Member McCoy felt any new equipment would result in an energy savings. The City Attorney suggested a comparison of doing it in-house versus a comprehensive provider. Mayor Sondhi felt it was a question of the cost of equipment from a contract basis, versus going out one by one by one; and/or how do we get cost savings from this contract or not, by combining both the purchase and maintenance (the capital improvement together) versus "piecemealing" it. The City Attorney suggested that this item be tabled at the City Council meeting to allow staff time to prepare an analysis. The City Attorney reported that the City Council 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 241-091-22, 241-091-23, 241-091-24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Negotiating Party: Acting Executive Director, Acting Deputy Executive Director; Under Negotiation: Price and Terms of Payment. The City Attorney reported that the City Council would not 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. 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 Number 244-481-01, Located at 5762 Lincoln Avenue; APN Number 244-472-09, Located at 5732 Lincoln Avenue; APN Number 244-472-08, Located at 5702 Lincoln Avenue; APN Number 244-472-07, Located at 5692 Lincoln Avenue; APN Number 244-472-06, Located at 5682 Lincoln Avenue; and APN Number 244-472-05, Located at 5662 Lincoln Avenue; Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment. At 6:11 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 7:08 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 Mike McGill Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey City Attorney William Wynder Acting Community Development Director Ted Commerdinger Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mike Idom 3 CITY COUNCIL MINUTES 229 AUGUST 28, 2006 Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Recreation Superintendent Dena Diggins Acting City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member McCoy. INVOCATION: The invocation was given by Council Member Seymore. PRESENTATIONS: None. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Workshop Agenda item discussed earlier in the evening. The City Manager reported that the City Council met to discuss the Performance Contracting Agreement with Siemens Building Technologies, which is scheduled under Agenda Item No. 12. Following some concerns expressed by the City Council on certain parts of the contract, it was decided to table Agenda Item No. 12. 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 Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 241-091-22, 241-091-23, 241-091- 24, 241-091-25, 241-091-26, 241-231-28, 241-231-32, and 241-231-35; Consisting of Approximately 22 Acres North of Katella Avenue Between Walker Street and Lexington Street within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Negotiating Party: Acting Executive Director, Acting Deputy Executive Director; Under Negotiation: Price and Terms of Payment. The City Attorney stated that no reportable action was taken nor was any solicited. The City Attorney reported that the City Council did not meet regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager. 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 a briefing was provided on the candidates for the position of City Clerk. The professional recruiter made a recommendation to interview three candidates and those interviews will be scheduled for the next Council meeting. 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 Number 244-481-01, Located at 5762 Lincoln Avenue; APN Number 244-472-09, Located at 5732 Lincoln Avenue; APN Number 244-472-08, Located at 5702 Lincoln Avenue; APN Number 244-472-07, Located at 5692 Lincoln Avenue; APN Number 244-472-06, Located at 5682 Lincoln Avenue; and APN Number 244-472-05, Located at 5662 Lincoln Avenue; Negotiating Party: Acting Executive Director, Acting Deputy Executive Director, and Agency Counsel; Under Negotiation: Price and Terms of Payment. The City Attorney stated that after a presentation by staff, the City Council unanimously directed negotiators to reject the offer to purchase the City or Agency owned property. No other action was taken in Closed Session, nor was any solicited. 4 2.30. CITY COUNCIL MINUTES AUGUST 28, 2006 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. Caroline Vogl, Cypress, spoke regarding Cinnamon Square. 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 ZONING CODE AMENDMENT NO. 2004-04, AMENDING APPENDIX "I" OF THE CYPRESS CITY CODE (ZONING ORDINANCE), AMENDING TABLES 2-2, 2-6. 2-11 AND 2-15 AND ADDING A DEFINITION TO SECTION 6.31.020 REGARDING MEDICAL MARIJUANA DISPENSARIES. The Acting Community Development Director provided background information on this item. Mayor Sondhi stated that she was somewhat puzzled by the limit of the staff report of any type of investigation in our own region and information on whether medical personnel were interviewed or identified for feedback on the item. She stated that she would be supportive of tabling or continuing the item until more information is provided. The Police Captain stated that staff did not address the medical issues but rather what the dispensaries bring to the communities. Local cities in Orange County were contacted regarding their experiences with these facilities. Council Member McGill requested information on state versus federal law regarding this issue. - The City Attorney stated that what is being suggested is land use regulation. It is not a blanket prohibition of these types of dispensaries but a recognition that the frequency and existence seems to be expanding throughout surrounding communities. He stated that it behooves staff to consider where, from a land use perspective, these kinds of facilities ought to be located and whether they should be permitted by right of zone, conditionally permitted by right of zone or prohibited in certain zones. That is what the ordinance purports to do. He stated that all of this is being conducted while there is a battle between the State of California and the federal prohibition on the consumption of marijuana. He stated that this ordinance does not address these issues; it is only from a land use perspective. The public hearing was opened. Mayor Sondhi asked if there was anyone who wished to speak in favor of the item. Leroy Mills, Cypress, spoke in favor of the Zoning Code Amendment. Mayor Sondhi asked if there was anyone who wished to speak against the item. The following spoke in opposition of the Zoning Code Amendment: ,!.if,!"~...< Mary Crowder, Cypress Will Johnson, Huntington Beach James Bush, Cypress William Britt, Long Beach Josh Navarro, Cypress The public hearing was closed. 5 231 CITY COUNCIL MINUTES AUGUST 28, 2006 Mayor Pro Tem Luebben stated that the report is void of any medical opinions or research other than what others have brought forth in other cities. He would like some more information that would assist in making a decision and supports the Mayor's suggestion of tabling the item. Mayor Sondhi stated that she has spoken with members of the medical profession regarding recourses for individuals who are prescribed medical marijuana. She stated that she would like the Council to be able to make a wise choice in the community and not base it on fear or politics on this issue. She is interested in exploring the issue more fully and the possibilities of protecting the community and providing those in need pain and other relief mechanisms. Council Member Seymore stated the issue is not about the medical benefits of medical marijuana but about the proper location for this type of facility. He expressed his concerns regarding the affects it would have on the community. Council Member McGill stated that the issue before the City Council is a zoning issue and the issue before the community is what can gravitate toward these types of facilities. He expressed his reluctance over allowing this type of facility that is not legal at the federal government level. Council Member McCoy stated" that he has seen the problems dispensaries bring to communities and he is in favor of the ordinance presented by staff. Mayor Sondhi asked about locations where dispensary facilities would be allowed in the City. The Acting Community Development Director stated that, under the current provisions of the Code given the fact that there is not a definition of these type of facilities, the applicant would request a zoning determination and ultimately go to the City Council for discussion and determination. It was moved by Council Member McCoy and seconded by Council Member Seymore, that the City Council introduce for first reading the Ordinance by title only, approving Zoning Code Amendment No. 2004-04. The motion was carried by the following roll call vote: AYES: 3 NOES: 2 ABSENT: 0 COUNCIL MEMBERS: McCoy, McGill and Seymore COUNCIL MEMBERS: Luebben and Sondhi COUNCIL MEMBERS: None ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, MODIFYING TABLES 2-2, 2-6, 2-11 AND 2-15 AND ADDING A DEFINITION TO SECTION 6.31.020 OF APPENDIX I OF THE CYPRESS MUNICIPAL CODE REGARDING MEDICAL MARIJUANA DISPENSARIES. 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 McCoy, to approve Consent Calendar Items NO.2 through 11. 6 232 CITY COUNCIL MINUTES AUGUST 28,2006 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Seymore, Luebben and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Item No.2: APPROVAL OF CITY COUNCIL MINUTES OF AUGUST 14. 2006. Recommendation: That the City Council approve the Minutes of the Meeting of August -,., 14, 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: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSITION OF POLICE CLERK 1/11. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the class specification for the regular full-time position of Police Clerk 1/11, amending the City's classification plan. Item NO.5: ADOPTION OF THE RESOLUTION AND MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION FOR THE CONTRACT PERIOD JULY 1, 2006 THROUGH JUNE 30, 2009. Recommendation: That the City Council adopt the Resolution by title only, for ratification of the Memorandum of Understanding between the City of Cypress and the Cypress Police Officers' Association. p'!ffifl,", RESOLUTION NO. 5979 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CYPRESS AND THE CYPRESS POLICE OFFICERS' ASSOCIATION CONCERNING WAGES, SALARIES, FRINGE BENEFITS AND CONDITIONS OF EMPLOYMENT. Item No.6: DESIGN REVIEW COMMITTEE PERMIT NO. 2006-05, A REQUEST TO INSTALL A STEALTH ANTENNA FACILITY ON AN EXISTING HOTEL BUILDING LOCATED AT 5865 KATELLA AVENUE IN THE PC-3 PLANNED COMMUNITY BUSINESS PARK ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving Design Review Committee Permit No. 2006-05, subject to the conditions attached in Exhibit "A" of the Resolution. RESOLUTION NO. 5980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2006-05 - WITH CONDITIONS. 7 CITY COUNCIL MINUTES 233 AUGUST 28, 2006 Item NO.7: APPROVAL OF FIRST AMENDMENT TO CONTRACT AGREEMENT FOR CONSTRUCTION OF CYPRESS ACRES SIDEWALKS ON MERTEN AVENUE, BELMONT STREET, AND LA SALLE STREET, PUBLIC WORKS PROJECT NO. 2005- 14. Recommendation: That the City Council approve the First Amendment to Contract Agreement for Construction of Cypress Acres Sidewalks on Merten Avenue, Belmont Street, and La Salle Street, Public Works Project No. 2005-14, to Damon Construction. Item NO.8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2006, Recommendation: That the City Council receive and file the Investment Report for the month of July, 2006. Item NO.9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2005-06 FOR WARRANTS NO. 77010. 77016 THROUGH 77064. AND FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 77004 THROUGH 77009, 77011 THROUGH 77015, AND 77065 THROUGH 77197. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Years 2005-06 and 2006-07. Recreation and Park District Matters: Item NO.1 0: DIRECT GRIFFIN STRUCTURES INC. AND SWINERTON BUILDERS TO ENTER INTO CONTRACT WITH THE LOWEST RESPONSIBLE BIDDERS FOR EXPANSION OF THE CYPRESS COMMUNITY CENTER PARKING LOT - PROJECT NO. 2005-35. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, direct Griffin Structures Inc. (Project Manager) and its Construction Manager, Swinerton Builders, for Project Number 2005-35, Expansion of the Cypress Community Center Parking Lot, to enter into contract with the following lowest responsible bidders by trade in accordance to Section 3.7 of the July 10,2006 Council approved Program Management Agreement: Trade Earthwork Site Concrete Asphalt Striping Plumbing Electrical Contractor T -Construction T -Construction T -Construction T -Construction Pacific Plumbing PEC Electric Total Contract Amount $103,020.00 53,318.00 84,554.00 5,279.00 7,380.00 17,160.00 Item No. 11: AWARD OF CONTRACT SERVICES AGREEMENT WITH CALIFORNIA YELLOW CAB FOR THE SENIOR TAXI VOUCHER PROGRAM. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve a one-year agreement with a four-year renewal option with California Yellow Cab, for the Senior Taxi Voucher Program in the amount of $10,000 annually with a maximum contract amount of $50,000; and 2) Increase appropriations from the Recreation and Park District's unreserved general fund balance in the amount of $1,000 in account 4187-12- 317-10 to offset increased costs of program. END OF CONSENT CALENDAR ORDINANCES (SECOND READING): No items. 8 284 CITY COUNCIL MINUTES AUGUST 28, 2006 UNFINISHED BUSINESS: No items. NEW BUSINESS: Item No. 12: AWARD OF PERFORMANCE CONTRACTING AGREEMENT TO SIEMENS BUILDING TECHNOLOGIES, INC. FOR HVAC, LIGHTING, AND ENERGY SERVICES. ~~"$;'" It was the consensus of the City Council to table this item. 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. Mary Crowder, Cypress, spoke regarding Council conduct. Young Chai, Cypress Chamber of Commerce, spoke regarding Chamber activities and events. ITEMS FROM CITY COUNCIL MEMBERS: -'", Mayor Sondhi requested reports from the Council Members on their respective committee assignments. Council Member Seymore: Council Member Seymore reported on his attendance and involvement at various community events and activities. Mavor Pro Tem Luebben: Attended an O.C. Sanitation District Board meeting. ITEMS FROM CITY MANAGER: The Acting City Manager asked that an overview of the "You're Not Alone" program for senior citizens be provided by Police Captain Idom. ADJOURNMENT: Mayor Sondhi adjourned the meeting at 8:12 p.m. to Monday, September 11, 2006, beginning at 5:00 p.m. in the Executive Board Room. ATTEST: ~~ CITY CLERK OF THE CITY OF CYPRESS 9