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Minutes 2007-04-23~~s MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD April 23, 2007 A regular meeting of the Cypress City Council was called to order at 5:32 p.m. by Mayor Luebben in the Executive Board Room, 5275 Orange Avenue, Cypress, California. Members present: Mayor/Agency Chair Phil Luebben Mayor Pro Tem/Agency Vice Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Leroy Mills Council/Agency Board Member Prakash Narain Others present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey Acting Director of Community Development Ted Commerdinger Chief of Police Rick Hicks Public Works Director Doug Dancs Recreation and Community Services Director Laura Detweiler Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: PAVEMENT MANAGEMENT PROGRAM The Public Works Director provided information on the pavement management program. He stated that the City has pavement equivalent to approximately 420 football fields. He also noted that the O.C. Transportation Authority has standardized ratings for all cities in the County. The Public Works Director reviewed the signs of pavement distress: alligator cracking, rutting and depressions, weathering and ravelling, longitudinal and transverse cracking, etc. He stated that overall, the City's pavement is in good condition, with a Pavement Condition Index (PCI) rating of 81.7. Only 16% of the City's streets are in fair condition; very few streets are in poor or very poor condition. The Public Works Director indicated that arterials get a higher level of traffic, but on a different level and that the City does not often slurry seal arterials for two reasons: truck traffic and to slurry seal a major intersection, you have to close down a section each day for four days. The Public Works Director discussed the visual assessment by the contractor, pavement software, standardized grading, strategy assignments, sealing, overlay, reconstruction, maintenance strategy, and maintenance cycles. Council Member Mills questioned staff on videotaping the streets, similar to the sewer system. 8' CITY COUNCIL MINUTES APRIL 23, 2007 The Public Works Director explained why the visual assessment is a better method. He stated that to bring all the streets to a level of good or above, it would cost $4.3 million. This would bring Cypress to a Pavement Condition Index (PCI) level of 86. Council Member Bailey asked about funding. The Public Works Director discussed funding sources and explained that no new or additional General Fund monies would be needed. Mayor Luebben discussed the City of La Palma's efforts to maintain its streets and stated that he felt the City needs to continue spending the money to maintain the streets in an enviable condition. Council Member Narain asked if the funds could be used elsewhere besides the roads. The Public Works Director indicated the Gas Tax or Measure M Turn Back funds could only be used for the streets. Upon questioning from the Mayor, he indicated some other transit uses were possible. Mayor Luebben stated that he would like to publicize that the Council and staff are being proactive in keeping City streets and infrastructure in great condition. Mayor Pro Tem Seymore questioned the Public Works Director if the City was using 100% of the surplus funds in these two accounts. The Public Works Director responded that there is still a fund balance left over and that staff programs out for two years, in case something unforeseen happens. Mayor Luebben expressed concerns about Katella Avenue, which is maintained by Los Alamitos. The City Attorney commented that under the agreement, the Traffic Mitigation Fee of $1 per square foot that the City pays for development was to be used by Los Alamitos for street improvements, but not specifically street improvements on Katella. The Public Works Director summarized upcoming studies. It was moved by Council Member Mills and seconded by Mayor Luebben, that the City Council: 1) Direct staff to have the "aspirational" goal that no street within the City of Cypress falls below a condition of "good", and to propose the corresponding required funding and projects to City Council using the principles of pavement management; and 2) Direct staff to propose that any street with less than a condition of "good" should be scheduled for pavement preservation or rehabilitation in the fiscal year 2007-08 budget; and 3) Receive and file this report. The motion was unanimously carried. CLOSED SESSION: 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: John B. Bahorski and Richard Storey; Employee Groups: Cypress Employees' Association and the Cypress Maintenance Employees' Association. At 5:57 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 7:04 p.m. by Mayor Luebben. 2 V CITY COUNCIL MINUTES APRIL 23, 2007 Members present: Mayor/Agency Chair Phil Luebben Mayor Pro Tem/Agency Vice Chair Todd Seymore Council/Agency Board Member Doug Bailey Council/Agency Board Member Leroy Mills Council/Agency Board Member Prakash Narain Others present: City Manager John Bahorski City Attorney William Wynder Assistant City Manager/Director of Finance and Administrative Services Richard Storey Acting Director of Community Development 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 Associate Planner Doug Hawkins Redevelopment Project Manager Steve Clarke City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Luebben introduced Anaheim Union High School District Superintendent Dr. Joseph Farley, Board President Brian O'Neal, and Board Members Anna Piercy and Denise Mansfield-Reinking. Mayor Luebben presented a Certificate of Special Recognition to Principal Dr. Jodie Wales of Lexington Junior High School in recognition of being selected as a 2007 California Distinguished School. Mayor Luebben presented a Certificate of Special Recognition to Principal Dr. Ben Carpenter of Cypress High School in recognition of being selected as a 2007 California Distinguished School. Mayor Luebben presented a Proclamation to Laura Herzog, American Cancer Society Relay for Life, Proclaiming May 1, 2007 as "Paint Your Town Purple Day" in the City of Cypress. Tara McDonald, Community Development Manager Liaison, thanked the City for its support over the last five years. She introduced Kathleen Ross, Event Chair, who then introduced other team members in attendance. 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 the City Council conducted a workshop on the City's Pavement Management Program. He stated that an analysis of the pavement in the City indicated that almost 80% of the streets are in good or very good condition and the City Council set the goal that no street would be less than good condition. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening, X89 CITY COUNCIL MINUTES APRIL 23, 2007 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: John B. Bahorski and Richard Storey; Employee Groups: Cypress Employees' Association and the Cypress Maintenance Employees' Association. The City Attorney stated that each proposal was reviewed with the City Council. A recommended negotiating strategy for each proposal was also presented to the 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 Luebben asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Jimmy Gaston, Feedback Foundation, spoke regarding their merger with Senior Meals and Services, to create Community Senior Serve. He invited the City Council to attend a luncheon at the Westminster Senior Center on May 30, 2007. Ken Rempel, Cypress, spoke regarding parking of oversized vehicles on City streets. Denise Mansfield-Reinking, Anaheim Union High School District, spoke regarding California Distinguished Schools, Clothes Closet, and other fundraising events for prom and grad night. Anne Hertz, Executive Director, Boys and Girls Club of Cypress, spoke regarding programs and activities at the Club, and invited the City Council to tour the facility. 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 TENTATIVE TRACT MAP NO. 17173. A REQUEST TO CREATE A ONE-LOT SUBDIVISION FOR CONDOMINIUM PURPOSES ON THE PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN THE RM-15 RESIDENTIAL MULTIPLE-FAMILY ZONE. The Associate Planner provided background information on this item. The applicant, Eli Rodriguez, was available to answer any questions. The public hearing was opened. Mayor Luebben asked if there was anyone who wished to speak in favor of the item. Mayor Luebben asked if there was anyone who wished to speak against the item. Ken Rempel, Cypress, spoke in opposition to the project. The public hearing was closed. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, that the City Council adopt the Resolution by title only, approving Tentative Tract Map No. 17173, subject to the conditions in Exhibit "A." 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 4 ~J ~ v CITY COUNCIL MINUTES APRIL 23, 2007 RESOLUTION NO. 6009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING TENTATIVE TRACT MAP NO. 17173 -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 Mayor Pro Tem Seymore and seconded by Council Member Narain, to approve Consent Calendar Items No. 2 through 13. 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: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 9, 2007. Recommendation: That the City Council approve the Minutes of the Meeting of April 9, 2007, 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: PROCLAIMING MAY 1, 2007 AS "PAINT YOUR TOWN PURPLE DAY" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 1, 2007 as "Paint Your Town Purple Day" in the City of Cypress. Item No. 5: PROCLALMING THE WEEK OF MAY 13-19. 2007 AS "NATIONAL POLICE WEEK" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the week of May 13-19, 2007 as "National Police Week" in the City of Cypress. Item No. 6: CONSIDERATION TO ADOPT A RESOLUTION IN SUPPORT OF THE GROUNDWATER REPLENISHMENT SYSTEM WATER PURIFICATION PROJECT. Recommendation: That the City Council adopt the Resolution by title only, in support of the Groundwater Replenishment System and the efforts of the Orange County Water and Sanitation Districts to identify and develop alternative sources for safe, reliable water supplies for Orange County. RESOLUTION NO. 6010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, IN SUPPORT OF THE GROUNDWATER REPLENISHMENT SYSTEM. Item No. 7: REQUEST FOR PARTIAL REFUND -PARK FEE. Recommendation: That the City Council grant the request for a partial refund of a park fee. 5 X91 CITY COUNCIL MINUTES APRIL 23, 2007 Item No. 8: APPROVAL OF A REQUEST TO SEEK A SIX (6) MONTH EXTENSION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT NO. KC06658 FOR MOODY STREET IMPROVEMENTS AS WELL AS A REQUEST TO RECAPTURE PROGRAM INCOME FUNDS IN CONJUNCTION WITH CDBG CONTRACT NO. KC06657 FOR THE HOME ENHANCEMENT LOAN PROGRAM. Recommendation: That the City Council approve a request to seek a six (6) month extension of Community Development Block Grant (CDBG) Contract No. KC06658 for Moody Street Improvements and to seek recapture of $15,214.60 in Program Income funds in conjunction with CDBG Contract No. KC06657 for the Home Enhancement Loan Program. Item No. 9: APPROPRIATION OF FUNDS FOR A REPLACEMENT CRIME ANALYSIS MAPPING SOLUTION. Recommendation: That the City Council appropriate $24,780 to account number 4305- 90-656-35 from the Equipment Replacement Fund, for the purchase of a Crime Analysis Mapping Solution. Item No. 10: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE REPLACEMENT OF ELECTRICAL PANELS AT MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2006-24. Recommendation: That the City Council approve the plans and specifications for the Replacement of Electrical Panels at Maintenance Yard, Public Works Project No. 2006- 24. Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MARCH. 2007. Recommendation: That the City Council receive and file the Investment Report for the month of March, 2007. Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 80387 THROUGH 80577. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Recreation & Park District Matters: Item No.13: DIRECT GRIFFIN STRUCTURES INC. TO ENTER INTO CONTRACT WITH GM BUSINESS INTERIORS AND MITY-CITE FOR PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT FOR THE CYPRESS COMMUNITY CENTER MODERNIZATION AND EXPANSION PROJECT NUMBER 2005-35. Recommendation: That the City Council, acting as the ex officio governing Board of Directors for the Cypress Recreation and Park District: 1) Dispense with the bid process in favor of cooperative purchasing pursuant to Cypress City Code Section 21A-10, paragraph (e), and award a contract for the purchase of furniture, fixtures and equipment through the County of San Bernardino Furniture Purchasing Agreement for the Cypress Community Center Modernization and Expansion, in the amount of $100,351.44 to GM Business Interiors, Riverside, CA; and 2) Dispense with the bid process in favor of cooperative purchasing pursuant to Cypress City Code Section 21A- 10, paragraph (e), and award a contract for the purchase of furniture, fixtures and equipment through the California Multiple Award Schedule Program (CMAS) for the Cypress Community Center Modernization and Expansion, in the amount of $39,459.65 to Mity-Cite, Orem, UT; and 3) Authorize Griffin Structures, Inc. as Project Manager to act to procure furniture, fixtures and equipment for the Cypress Community Center Modernization and Expansion Project on behalf of the City of Cypress with the selected vendors. 3~2 CITY COUNCIL MINUTES END OF CONSENT CALENDAR ORDINANCES: APRIL 23, 2007 Item No. 14: ADOPTION OF AN ORDINANCE TO DESCRIBE THE PROGRAM OF THE CYPRESS REDEVELOPMENT AGENCY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. PURSUANT TO THE REQUIREMENTS OF SENATE BILL 53. The Redevelopment Project Manager provided background information on this item. Mayor Luebben stated that by this action, the City is not taking any actions of eminent domain and are not coming down in favor of using eminent domain, but that this is simply something the City is required to do to comply with the Senate Bill that was passed. Council Member Bailey asked for clarification of Section 2, Paragraph D, page 3, of the Resolution in regards to "existing building". The Redevelopment Project Manager stated that this relates to the merged project area when five properties were added, and one of the provisions of adding those properties was that the City waived its eminent domain authority for residentially zoned properties or properties that were developed residentially The City Attorney clarified that the City cannot acquire by eminent domain property within the merged redevelopment plan, which has an existing structure on it, unless that structure meets one of the three conditions set forth in Section 2, Paragraph D. Generally, it is a blanket prohibition with three very limited exceptions. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, that the City Council introduce for first reading by title only, an Ordinance conforming to the requirements of Senate Bill 53, Chapter 591 of Statutes of 2006, as codified in California Health and Safety Code Section 33342.7, to describe the program of the Cypress Redevelopment Agency to acquire real property by eminent domain. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONFORMING TO THE REQUIREMENTS OF SENATE BILL 53, CHAPTER 591 OF STATUTES OF 2006, AS CODIFIED IN CALIFORNIA HEALTH AND SAFETY CODE SECTION 33342.7, TO DESCRIBE THE PROGRAM OF THE CYPRESS REDEVELOPMENT AGENCY TO ACQUIRE REAL PROPERTY BY EMINENT DOMAIN. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Officio Governing Board of Directors. No items. 7 393 CITY COUNCIL MINUTES APRIL 23, 2007 CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. ORAL COMMUNICATIONS: For Maffers Not on the Agenda. Young Chai, Cypress Chamber of Commerce, provided an update on upcoming Chamber activities. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. Council Member Bailey: Council Member Bailey reported on his attendance and involvement at various community events and activities. Mayor Pro Tem Seymore: Attended the Peace Officers and Fire Fighters Prayer Breakfast. Attended the City Council Goal Setting Workshop. Attended the Senior Center Volunteer Appreciation Luncheon. Will be attending with the Mayor the Donate Life Run/Walk at Cal State Fullerton on April 28, 2007. Council Member Narain: Attended a D.A.R.E. graduation at Grace Church. Attended the City Council Goal Setting Workshop. Council Member Mills: Attended the Chamber of Commerce networking breakfast. Attended the Peace Officers and Firefighters Prayer Breakfast. Attended a West Orange County Legislative Committee meeting. Attended the League of California Cities, Orange County Division general meeting. Attended the City Council Goal Setting Workshop. Attended a D.A.R.E. magic show and program. Attended the La Palma State of the City Luncheon. Attended the Acacia Adult Day Care Volunteer Recognition program. Attended the Senior Center Volunteer Appreciation Luncheon. Mayor Luebben: Attended an Orange County Sanitation District Administration Committee meeting. Attended the City Council Goal Setting Workshop. Attended a D.A.R.E. magic show and program. Attended the City of La Palma State of the City luncheon. Attended the Senior Center Volunteer Appreciation luncheon. Attended the opening of the new performing arts center at Kennedy High School. Mayor Luebben reported on his attendance and involvement at various community events and activities. Mayor Luebben requested the Public Works Director briefly discuss their new online data base. The Public Works Director explained that staff has put every single development that comes into plan check on the City's website for developers to check on the status of their plan checks. The public can also see what current active plan checks are within the Public Works Department. ITEMS FROM CITY MANAGER: None. 8 CITY COUNCIL MINUTES APRIL 23, 2007 ADJOURNMENT: Mayor Luebben adjourned the meeting at 8:08 p.m., in honor of the victims at Virginia Tech, to Monday, May 14, 2007, beginning at 5:00 p.m. in the Executive Board Room. MAYOR OFT E CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9