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Minutes 2006-12-11 299 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD December 11 , 2006 A regular meeting of the Cypress City Council was called to order at 6:00 p.m. by Mayor Sondhi in the Council Chambers, 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 Council/Agency Board Member Mike McGill Council/Agency Board Member Todd Seymore Others present: Acting City Manager Richard Storey City Attorney William Wynder Interim City Clerk Denise Basham 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 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, Party Negotiating With: Nomoinc Associates, Negotiating Party: Acting Deputy Director, Cypress Redevelopment Agency, Under Negotiation: Terms and Conditions. At 6:01 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. 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 Chief of Police Rick Hicks 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 Finance Manager Matt Burton Management Analyst Alisha Reta Interim City Clerk Denise Basham 300 CITY COUNCIL MINUTES DECEMBER 11, 2006 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Boy Scout Troop 660. INVOCATION: The invocation was given by Chaplain Jerry Shumard, Cypress Police Department. Council Member McCoy challenged the new Council Members to keep the positive movement going forward in the City. He commended staff and the Police Department for their work. He asked the City Council to pick a new City Manager that would allow the staff to grow and allow the City to go forward. Mayor Sondhi thanked her husband for his support during the last eight years. She stated that she feels that the outgoing Council Members helped to bring civility back to government and brought progressive ideas that moved the City forward. She stated that what is important is the service to the community. Council Member McGill stated that leadership is always setting the example and is to serve, not be served, and that ideas should be attacked, not the person. He thanked his sons and wife for their support while he was on the City Council. PRESENTATIONS TO OUTGOING COUNCIL MEMBERS: Yeghig Keshishian, representing Congressman Ed Royce's office, presented Certificates of Appreciation to outgoing Council Members McCoy, McGill, and Sondhi. Kevin Gilhooley, representing Senator Tom Harman's office, presented proclamations to outgoing Council Members McCoy, McGill, and Sondhi. Young Chai, Cypress Chamber of Commerce, presented plaques to outgoing Council Members McCoy, McGill, and Sondhi in appreciation of their service. - Mayor Sondhi requested Agenda Item NO.1 be pulled from the Consent Calendar. Item NO.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF NOVEMBER 27, 2006. It was moved by Council Member McCoy and seconded by Council Member McGill, that the City Council approve the Minutes of the Meeting of November 27, 2006, as submitted. 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 SPECIAL ORDER OF BUSINESS: ADOPTION OF RESOLUTION DECLARING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7.2006. The Interim City Clerk provided background information on this item. ~M'-'fW' It was moved by Council Member Seymore and seconded by Mayor Pro Tem Luebben, that the City Council adopt the Resolution by title only, declaring the results of the November 7,2006 General Municipal Election. 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 2 301 CITY COUNCIL MINUTES DECEMBER 11, 2006 RESOLUTION NO. 5994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7,2006, DECLARING THE RESULT AND SUCH MATTERS AS PROVIDED BY LAW. PRESENTATIONS: The Interim City Clerk administered the Loyalty Oath and presented Certificates of Election to newly-elected Council Members Doug Bailey, Leroy Mills, and Prakash Narain. Council Member Bailey thanked his family and the community for their support during the campaign process. He stated that he would maintain his involvement in the community and do what is best for the citizens and the City. Council Member Narain stated that he is honored by the trust and confidence of the citizens of Cypress. He will do his best to fulfill his duty as Council Member. He thanked his wife and family for their support, and previous and current Council Members and staff for the encouragement he received. He stated that he is proud and eager for the work ahead. Council Member Mills thanked his wife and family for their support and encouragement. He thanked the many new friends made during the campaign. He stated that he looks forward to faithfully working for the best interest of Cypress including choosing a new City Manager for the City. CITY COUNCIL REORGANIZATION: The Interim City Clerk opened the nominations for Mayor. Council Member Seymore moved and Council Member Bailey seconded the motion, to nominate Mayor Pro Tem Luebben for the office of Mayor. It was moved by Council Member Mills and seconded by Council Member Bailey, to close the nominations. Mayor Pro Tem Luebben was unanimously elected Mayor by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Mayor Luebben thanked his colleagues for placing their faith in him to lead them as Mayor this year. He stated that in Cypress, the Mayor is just the first among equals and that he will do his best to see the City Council work as a team. He thanked the community and his family for the time they allow him to devote to the community. Mayor Luebben discussed the formation of a committee of Council Members and citizens regarding a parade in the City of Cypress. Mayor Luebben then asked for nominations for the office of Mayor Pro Tem. Council Member Narain moved and Mayor Luebben seconded the motion, to nominate Council Member Seymore for the office of Mayor Pro Tem. It was moved by Council Member Mills and seconded by Council Member Seymore, to close the nominations. 3 302 CITY COUNCIL MINUTES DECEMBER 11, 2006 Council Member Seymore was unanimously elected Mayor Pro Tem by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Mayor Pro Tem Seymore thanked his family. He stated that he wanted to serve the City and make a difference, and that he feels the new Council will work well together. PRESENTATIONS: Mayor Luebben presented a plaque to outgoing Mayor Sondhi. He commended Mayor Sondhi on her phenomenal job during both of her terms as Mayor and for her efforts on the City's 50th Anniversary. The meeting was recessed at 7:55 p.m. The meeting was reconvened at 8:13 p.m. REPORT OF WORKSHOP AGENDA/CLOSED SESSION: The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The City Attorney reported that the Closed Session regarding Public Employee Appointment, pursuant to Government Code Section 54957, Title: City Manager was not held. 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, Party Negotiating With: Nomoinc Associates, Negotiating Party: Acting Deputy Director, Cypress Redevelopment Agency, Under Negotiation: Terms and Conditions. The City Attorney stated that the Redevelopment Agency unanimously authorized staff to procure an appraisal of the subject property. 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 Luebben asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Linda Metzidis, Cypress College Masterworks Chorale, invited the City Council to a holiday concert on December 16, 2006 at 7:30 p.m. at Cypress College. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE 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 Mayor Pro Tem Seymore and seconded by Council Member Bailey, to approve Consent Calendar Items NO.2 through 8. 4 303 CITY COUNCIL MINUTES DECEMBER 11, 2006 The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 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: PROCLAIMING THE MONTH OF DECEMBER 2006, AS "DRUNK AND DRUGGED DRIVING PREVENTION MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of December 2006, as "Drunk and Drugged Driving Prevention Month" in the City of Cypress. Item NO.4: ADOPTION OF RESOLUTIONS RECOGNIZING FRANK McCOY, MIKE McGILL AND LYDIA SONDHI FOR THEIR EIGHT YEARS OF SERVICE ON THE CYPRESS CITY COUNCIL. Recommendation: That the City Council adopt the Resolutions by title only, recognizing Frank McCoy, Mike McGill and Lydia Sondhi for their eight years of service on the Cypress City Council. RESOLUTION NO. 5995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING FRANK McCOY FOR HIS EIGHT YEARS OF SERVICE ON THE CYPRESS CITY COUNCIL. RESOLUTION NO. 5996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING MIKE McGILL FOR HIS EIGHT YEARS OF SERVICE ON THE CYPRESS CITY COUNCIL. RESOLUTION NO. 5997 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING LYDIA SONDHI FOR HER EIGHT YEARS OF SERVICE ON THE CYPRESS CITY COUNCIL. Item NO.5: RESOLUTION FOR DENIAL WITHOUT PREJUDICE OF CONDITIONAL USE PERMIT NO. 2006-09 FOR THE ONSITE SALE OF BEER AND WINE AT THE PHILL Y GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE. Recommendation: That the City Council adopt the Resolution by title only, for denial without prejudice of Conditional Use Permit No. 2006-09. RESOLUTION NO. 5998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, DENYING, WITHOUT PREJUDICE, THE APPLICATION FOR CONDITIONAL USE PERMIT NO. 2006-09 FOR THE ONSITE SALE OF BEER AND WINE AT THE PHILL Y GRILL RESTAURANT LOCATED AT 6312 LINCOLN AVENUE. 5 304 CITY COUNCIL MINUTES DECEMBER 11, 2006 Item No.6: ACCEPTANCE OF FINAL TRACT MAP NO. 16823. PROPERTY LOCATED AT 5582 KAREN AVENUE. Recommendation: That the City Council approve Final Tract Map No. 16823 and authorize the City Clerk to sign the record map. Item NO.7: AWARD OF CONTRACT FOR THE PAVEMENT REHABILITATION OF MOODY STREET AND KA TELLA A VENUE, PUBLIC WORKS PROJECT NOS. 2005- 39 AND 2005-40. Recommendation: That the City Council: 1) Award a contract for the Pavement Rehabilitation of Katella Avenue from Valley View Street to Walker Street, and Moody Street from Lincoln Avenue to Ball Road, Public Works Project Nos. 2005-39 and 2005- 40, in the amount of $1,031,999.99, to the lowest responsible bidder, All American Asphalt, Corona, California; and 2) Authorize a contingency of $103,200 (10% 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.8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 78411 THROUGH 78634. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. END OF CONSENT CALENDAR ORDINANCES: No items. I'I",;\~ NEW BUSINESS: Item No.9: APPOINTMENTS OF CITY COUNCIL MEMBERS TO VARIOUS ORGANIZATIONS AND COMMITTEES. The Interim City Clerk provided background information on this item. Orange County Sanitation District Phil Luebben - Representative (Meets 4th Wednesday of the Prakash Narain - Alternate month - 7 p.m.) League of California Cities Phil Luebben (Mayor) - Representative Orange County Division Todd Seymore (Mayor Pro Tem) - Alternate (Meets :f1d Thursday of the month - 6:45 p.m.) Santa Ana River Flood Protection Doug Bailey - Representative Agency Leroy Mills - Alternate (Meets 4th Thursday of odd-numbered months - 4 p.m.) Southern California Association of Leroy Mills - Representative Governments Doug Bailey - Alternate (Meets 1st Thursday of the month - 9:30 a.m. - 2:30 p.m.) City/Cypress School District Joint Phil Luebben Steering Committee Doug Bailey (Meets as needed) 6 305 CITY COUNCIL MINUTES DECEMBER 11, 2006 Growth Management Area NO.2 Prakash Narain - Representative (Measure M) T odd Seymore - Alternate (Meets annually or semi-annually as needed) Orange County Fire Authority Todd Seymore - Representative (Meets 4th Thursday of the month - Doug Bailey - Alternate 6:30 p.m.) League of California Cities Phil Luebben (Mayor) - Representative Legislative Delegate Program Todd Seymore (Mayor Pro Tem) - Alternate Orange County Library Advisory Board Prakash Narain - Representative (Meets as needed) Phil Luebben - Alternate Joint Communications Center Executive Todd Seymore - Representative Board Leroy Mills - Alternate (Meets quarterly or as needed) Orange County Council of Governments Doug Bailey - Representative (Meets 4th Thursday of the month - Leroy Mills - Alternate 9 a.m.) OCTA West Cities Rail Study Policy T odd Seymore - Representative Committee (Meets as needed) Orange County Housing & Community Todd Seymore Development Committee (elected by League) (Meets last Thursday of the month - 10 a.m.) Council Member Mills stated that he would like to be the City's representative to the Military Affairs Committee at the Los Alamitos Joint Forces Training Base. Mayor Luebben stated that the City would welcome his participation on the Military Affairs Committee. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Mills, that the City Council confirm the Mayor's appointments to the various organizations and committees. The motion was unanimously carried by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 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. NEW BUSINESS: Item No. 10: ELECTION OF AGENCY CHAIR AND VICE CHAIR. The Agency Secretary opened the nominations for Agency Chair. 7 306 CITY COUNCIL MINUTES DECEMBER 11, 2006 Agency Board Member Seymore moved and Agency Board Member Bailey seconded the motion, to nominate Agency Vice Chair Luebben for the office of Agency Chair. It was moved by Agency Board Member Mills and seconded by Agency Vice Chair Luebben, to close the nominations. Agency Vice Chair Luebben was unanimously elected Agency Chair by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None The Agency Chair then asked for nominations for the office of Agency Vice Chair. Agency Board Member Bailey moved and Agency Chair Luebben seconded the motion, to nominate Agency Board Member Seymore to serve as Agency Vice Chair. It was moved by Agency Board Member Seymore and seconded by Agency Chair Luebben, to close the nominations. Agency Board Member Seymore was unanimously elected Agency Vice Chair by the following roll call vote: AYES: 5 AGENCY MEMBERS: Bailey, Mills, Narain, Seymore and Luebben NOES: 0 AGENCY MEMBERS: None ABSENT: 0 AGENCY MEMBERS: None ORAL COMMUNICATIONS: For Matters Not on the Agenda. Samii Taylor Yakovetic, Lincoln Center Mobile Home Park, spoke regarding various issues at the park. II!>~O>~ ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. Mayor Pro Tem Seymore: Attended the Holiday Sing at the Cypress Civic Center. Mayor Pro Tem Seymore reported on his attendance and involvement at various community events and activities. Council Member Mills: Attended the Holiday Sing at the Cypress Civic Center. Council Member Mills reported on his attendance and involvement at various community events and activities. Council Member Narain: Attended the Holiday Sing at the Cypress Civic Center. Council Member Narain reported on his attendance and involvement at various community events and activities. Council Member Bailey: ~". Attended the Holiday Sing at the Cypress Civic Center. Council Member Bailey reported on his attendance and involvement at various community events and activities. Mayor Luebben: Attended the Holiday Sing at the Cypress Civic Center. Mayor Luebben reported on his attendance and involvement at various community events and activities. 8 30,7 CITY COUNCIL MINUTES DECEMBER 11, 2006 ITEMS FROM CITY MANAGER: The Acting City Manager introduced Management Analyst Alisha Reta. ADJOURNMENT: Mayor Luebben adjourned the meeting at 8:50 p.m. to Thursday, December 14, 2006, beginning at 5:00 p.m. in the Executive Board Room. ~tL MA YOR 0 THE CITY OF CYPRESS ATTEST: {O{JuJJL !JaDMr/l CITY CLERK OF THE CITY OF CYPRESS 9