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Minutes 2007-05-294a7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 29, 2007 A regular meeting of the Cypress City Council was called to order at 5:30 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 Staff 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 Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Reserve Officer Lorraine Lasalle Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Master Plan of Drainage: The City Manager explained that the City's Master Plan of Drainage is a high-level look at the City's Master Plan and provides information on deficiencies and costs. This document will be brought back for formal adoption by the City Council at a later date. The Assistant City Engineer presented maps showing where there are deficiencies, in terms of existing problems and additional capacity. The estimated costs of pump stations and configurations were discussed. The Assistant City Engineer introduced the City's consultants, Zeki Kayiran and John Nita of AKM Consulting. Mr. Kayiran discussed the following items: estimated costs to bring everything together, the drainage areas for which the City is responsible, benefits, long-range plans, baseline data, priority ranking, and a comparison of all plans. Mayor Pro Tem Seymore asked about the results if other cities don't do anything about drainage. Mr. Kayiran explained the other cities will eventually do something. The Master Plan identifies available capacity, what the City can do, and other alternatives. X08 CITY COUNCIL MINUTES MAY 29, 2007 The Council discussed the affect of other cities if they don't make any upgrades, etc. The City Manager explained that the County owns most of the large systems. Council Member Mills asked how City staff interacts with other cities to stay abreast of what they are doing. The Assistant City Engineer explained that in many cases the County Flood Control District is the lead agency on a regional basis. He stated that they are very good working with staff about improvements and studies they have done. Mr. Kayiran discussed the hydrologic cycle, existing drainage facilities, pump stations, flood protection goals, 10-year and 100-year floods, criteria, existing system deficiencies, recommendations for improvement, costs ($276 million), and available funding methods. Council Member Mills clarified the definition of 100-year storms. Mayor Luebben questioned if groundwater level plays a role in the calculations. Mr. Kayiran indicated that soil information is considered in their hydrology studies. Council Member Narain inquired about different alternatives or options. Council Member Bailey questioned staff on the ultimate goal. The City Manager responded that the highest priority is the pump stations; the second priority will be the deficiencies in the existing system. Council Member Bailey asked for details on each aspect and how it will be addressed. The City Manager indicated that a more narrative format, including alternatives, will be provided to the City Council in the future. Bingo Regulations: The Chief of Police provided a report on proposed revisions to the City's bingo regulations. He stated that he feels appropriate safeguards are in place and highlighted the areas of greatest concern: limit the number of bingo licenses (recommend six maximum) and consider a special request (limited, one-time up to three days per year special permit). The City Council discussed not allowing special licenses and requirements for bingo operators. The City Attorney explained that language has been included about being a bona fide 501 c3 or 501 c6, in business for seven years, and having a minimum membership number, in order to increase the probability of dealing with a legitimate organization. The Chief of Police commented that a great deal of authority rests with the Chief of Police to evaluate a game and to determine whether or not that it is being run in a manner that is considered ethical and honorable. A license can be suspended with an - appeals process to the City Council. Council Member Bailey asked if the City could mandate that cash deposits be made in a timely manner. The City Attorney commented that the City can require that, but would need the staff for oversight. Mayor Luebben commented that he also liked the idea of language requiring receipts be made in a timely manner, but was opposed to special permits. 2 409 CITY COUNCIL MINUTES MAY 29, 2007 Council Member Bailey asked about the organizations that currently have the six permits. The Chief of Police indicated they are St. Irenaeus, Los Alamitos High School Marching Band, Los Alamitos High School Booster Club, Oxford Academy, Cypress High School Band and Pageantry, and Cypress High School Athletic Booster Club. He stated that additional safeguards have been built in to insure that these are legitimate local entities that will benefit the community, including criteria that 30% or at least 30 members have to be from the City of Cypress. The Chief of Police stated that he was recommending a change from two individuals to three individuals be responsible to liaison with the City. He stated that they have to be identified at the time of the application so that staff can investigate. He stated that he felt there is currently great oversight to maintain the games and their integrity, and that the games have been free of crime and corruption. Mayor Luebben suggested a maximum of the five existing and one special permit. After discussion, it was the consensus of the City Council to maintain a maximum of six permits. 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, Cypress Maintenance Employees' Association, and Cypress Maintenance Supervisors' Association. At 6:45 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 7:06 p.m. by Mayor Luebben. 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 Staff 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 Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Luebben. INVOCATION: The invocation was given by City Attorney Wynder. 3 410 CITY COUNCIL MINUTES PRESENTATIONS: MAY 29, 2007 Dr. Ben Carpenter, Principal of Cypress High School, provided a presentation on the academic accomplishments of the school. 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 reviewed two items at the workshop. The first was the Master Plan of Drainage, which outlined deficiencies in the storm drain system within Cypress. The second item the City Council discussed was the proposed bingo ordinance. He stated that input was obtained from the Council on changes to the ordinance and it is anticipated that the ordinance will be introduced at the next City Council meeting. 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 Labor Negotiators, pursuant to Government Code Section 54957.6. Agency Negotiators: John B. Bahorski and Richard Storey; Employee Groups: Cypress Employees' Association, Cypress Maintenance Employees' Association, and Cypress Maintenance Supervisors' Association. The City Attorney stated that a privileged and confidential status report was provided on the ongoing negotiations and that no reportable action was taken. 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. Gail Martinez, M.A.D.D. Orange County, invited the City Council and community to participate in the M.A.D.D. Golf Classic on June 25, 2007. 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. Council Member Mills requested that Agenda Item No. 1 be pulled from the Consent Calendar. ~-~~. It was moved by Mayor Pro Tem Seymore and seconded by Mayor Luebben, to approve Consent Calendar Items No. 2 through 10. 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 4 411 CITY COUNCIL MINUTES MAY 29, 2007 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 MAY 28 THROUGH SEPTEMBER 3 2007 AS "DROWNING PREVENTION SEASON" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim May 28 through September 3, 2007 as "Drowning Prevention Season" in the City of Cypress. Item No. 4: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE HOUSEHOLD HAZARDOUS WASTE GRANT, 16 CYCLE. Recommendation: That the City Council adopt the Resolution by title only, authorizing submittal of an application to the California Integrated Waste Management Board for the Household Hazardous Waste (HHW) Grant, 16t" Cycle. RESOLUTION NO. 6016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE HOUSEHOLD HAZARDOUS WASTE GRANT, 16T" CYCLE. Item No. 5: ACCEPTANCE OF INSTALLATION OF CONDUIT/CABLE FOR CCTV PURPOSES (PHASE III), PUBLIC WORKS PROJECT NO. 2006-08. Recommendation: That City Council: 1) Accept the Installation of Conduit/Cable for CCTV Purposes, Public Works Project No. 2006-08, as being satisfactorily completed in conformance with the project specifications, in the final amount of $158,168; and 2) Approve the final retention payment of $15,816.80 to Christopher R. Morales, Inc., Industry, California; 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. 6: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, and acting as the ex-officio 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. 6017 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. Item No. 7: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL 2007. Recommendation: That the City Council receive and file the Investment Report for the month of April, 2007. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 80827 THROUGH 81021. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2006-07. 5 412 CITY COUNCIL MINUTES Recreation & Park District Matters: MAY 29, 2007 Item No. 9: APPROVAL OF TRANSFER OF FUNDS AND PURCHASE OF SCOREBOARD CONTROL BOX AT LEXINGTON JUNIOR HIGH SCHOOL. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District: 1) Approve the appropriation of $1,140 in the Park District's Replacement Fund (Account 4310-83-650-35) for the purchase of control box for use at Lexington Junior High School; and 2) Approve the transfer of $1,140 from the Park District's General Fund (2200-12) to the Park District's Equipment Replacement Fund (1200-83). Item No. 10: APPROVAL OF SENIOR CITIZENS NUTRITION PROGRAM AMENDMENT NO. 11 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR ONE-YEAR. JULY 1, 2007 THROUGH JUNE 30, 2008. Recommended Action: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, approve Amendment No. 11 to Agreement No. C-8-0189 with the Orange County Transportation Authority extending the term of the Agreement for one year, July 1, 2007 to June 30, 2008, with no changes to the cost. Regarding Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF MAY 14, 2007, Council Member Mills reported that the minutes read that at 4:33 p.m. the meeting was convened and all staff was present. Council Member Mills thought that the minutes should more accurately reflect that staff joined the workshop at a time later than 4:33 p.m. Mayor Luebben asked about the normal protocol for times reflected in the minutes. The City Clerk stated that in the past, it has been noted when City Council Members have arrived but has not been specific for staff. Members of the public are listed when they speak under Oral Communications. The City Attorney suggested that since there was one specific item on the workshop agenda with only the City Manager present, it would be appropriate to indicate that with respect to all other staff (other than Mr. Bahorski), that they arrived at the commencement of the second workshop item. It was moved by Council Member Mills and seconded by Mayor Pro Tem Seymore, that the City Council approve the Minutes of the Meeting of May 14, 2007, as amended. 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 END OF CONSENT CALENDAR ORDINANCES: Item No. 11: CONSIDERATION OF AN ORDINANCE RELATED TO THE REGULATION OF STATE FRANCHISED VIDEO SERVICE PROVIDERS IN IMPLEMENTING PROVISIONS OF AB 2987. The Administrative Services Manager provided background information on this item. It was moved by Council Member Narain and seconded by Council Member Mills, that the City Council introduce for first reading the Ordinance by title only, adding Section 6-51 to 6 413 CITY COUNCIL MINUTES MAY 29, 2007 Chapter 6 of the Code of the City of Cypress Relating to the Regulation of State Video Franchises. 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, ADDING SECTION 6-51 TO CHAPTER 6 OF THE CODE OF THE CITY OF CYPRESS RELATING TO THE REGULATION OF STATE VIDEO FRANCHISES. NEW BUSINESS: No items. 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. Young Chai, Cypress Chamber of Commerce, provided an update on upcoming Chamber activities. Mayor Luebben spoke regarding the passing of Anaheim Union High School District Board Member Denise Mansfield-Reinking and former Police Chaplain Thomas Schultz. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. Manor Pro Tem Seymore: Attended ablest-Comm Board meeting. Attended the Orange County Prayer Breakfast. Participated in the American Cancer Society Relay for Life. Attended the Urban Area Mobile Command Unit ribbon cutting ceremony. Attended an Orange County Fire Authority Board meeting. Attended a Memorial Day celebration at Forest Lawn. Mayor Pro Tem Seymore reported on his attendance and involvement at various community events and activities. Council Member Narain: Participated in the American Cancer Society Relay for Life. Attended the Urban Area Mobile Command Unit ribbon cutting ceremony. Met with County Supervisor John Moorlach. Attended the Health Care Advisory Group meeting organized by State Senator Harmon. Council Member Narain reported on his attendance and involvement at various community events and activities. 7 41:4 CITY COUNCIL MINUTES Council Member Mills: MAY 29, 2007 Attended the McTeachers' Night fundraiser. Attended the Orange County Prayer Breakfast. Attended the teen fashion show at the Cypress Senior Center. Participated in the American Cancer Society Relay for Life. Attended the Urban Area Mobile Command Unit ribbon cutting ceremony. Attended the Orange County Department of Education Outstanding Contribution to Education Awards. Attended the Military Affairs Committee meeting at the Los Alamitos Joint Forces Training Base. Attended Soroptomists International of Cypress annual service awards luncheon. Attended the Orange County Council of Governments Board meeting. Attended a Memorial Day celebration at Forest Lawn. Council Member Mills reported on his attendance and involvement at various community events and activities. Mayor Luebben: Attended a luncheon with Anaheim Mayor Curt Pringle and his staff, along with some Anaheim Union High School District Board members and superintendent. Participated in the Cypress School District's Little Olympics. Participated in the American Cancer Society Relay for Life. Attended the Urban Area Mobile Command Unit ribbon cutting ceremony. Attended City/Cypress School District Steering Committee meeting. Attended Orange County Sanitation District Board and Steering Committee meetings. Mayor Luebben reported on his attendance and involvement at various community events and activities. Mayor Luebben announced the names of the Commissioner appointments effective July 1. Mayor Pro Tem Seymore requested that the Chief of Police discuss the annual Police Department Open House. The Chief of Police provided information on the Police Department Open House to be held at the Civic Center on Saturday, June 2, 2007. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Luebben adjourned the meeting in memory of Denise Mansfield-Reinking and Thomas Schultz at 8:05 p.m. to Monday, June 11, 2007, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF E CITY OF CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8