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Minutes 2007-07-23 447 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD July 23, 2007 A regular meeting of the Cypress City Council was called to order at 5:00 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 poug Bailey Council/Agency Board Member Leroy Mills Council/Agency Board Member Prakash Narain Staff present: City Manager John Bahorski City Attorney William Wynder Director of Community Development Ted Commerdinger Chief of Police Rick Hicks Public Works Director poug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager informed that this is the third in a series of capital needs workshops. The Public Works Director provided City Council with a PowerPoint display depicting a historical overview of the City's existing sewer system, along with deficiencies and conditions of the system. The State has regulated Orange County sewering agencies to properly manage, operate, and maintain all parts of the sanitary sewer system. This will be an extensive 20 year program for the City at a cost of $43.4 million. City Council Members were then allowed an opportunity to ask questions of staff. Council Member Narain asked for clarification between the capacity of water flow pipes as compared to the capacity of sewer pipes. The Public Works Director explained that the flow through the pipes is based on gravitational flow not pressure; it is a pressure contained system. Council Member Mills asked if the pipes are clay or concrete. ~ The Public Works Director responded that the majority of the City's pipes are clay, which typically last many years if laid correctly according to the right specifications. Mayor Luebben asked if staff has identified the location of various manholes throughout the City. The Public Works Director assured that every manhole in the City has been identified. Mayor Luebben thanked the Public Works Director for his excellent presentation. CITY COUNCiL MINUTES JULY 23, 2007 448 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 Numbers 241-091-22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street and Portions of Real Property Identified by APN Numbers 241-231 -22, 27, 28, 32, 35 and 42; Consisting of Approximately 10 Acres North of Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Party Negotiating With: Hopkins Real Estate Group and Los Alamitos Race Course, respectively; Negotiating Party: Deputy Executive Director; Under Negotiation: Site Status Update. 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 Numbers 242-142-50 and 242- 062-26; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and Moody Street and a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street, respectively; Party Negotiating With: Cypress Boys and Girls Club and VFW; Negotiating Party: Director of Community DevelopmentlDeputy Executive Director; Under Negotiation: Site Status Update. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Regional Water Quality Control Board v. City of Cypress, Civil Complaint No. R8-2007-0054. The meeting was recessed at 5:41 p.m. 7:00 P.M. SESSION: The 7:00 p.m. session of the City Council meeting was called to order at 7:00 p.m. by Mayor Luebben. Members present: Mayor/Agency Chair Phil Luebben Mayor Pro Tem/Agency Vice Chair Todd Seymore Council/Agency Board Member poug Bailey CounciVAgency Board Member Leroy Mills CounciVAgency Board Member Prakash Narain Staff present: City Manager John Bahorski City Attorney William Wynder Director of Community Development Ted Commerdinger Chief of Police Rick Hicks Public Works Director poug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton 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. 2 CITY COUNCIL MINUTES JULY 23, 2007 449 PRESENTATIONS: Rob Johnson, Cypress, reminded of the Cypress Community Festivai set for Saturday, July 28, 2007, and announced Festival Week Events. He introduced the Festival Committee Members in attendance then presented the City Council with commemorative Festival shirts. The Chief of Police introduced new Police Officer Arl Farris. Mayor Luebben presented Officer Farris with a City lapel pin in recognition of his recent appointment. Monte Ward, Director of Special Projects, provided an update to the Orange County Transportation Authority's Renewed Measure M Early Action Plan. 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 stated that the workshop focused on Sewer System Capital Needs, which was the third of such workshops held in the City of Cypress. Discussion included the needs of the sewer system, with needed improvements totaling $43 million. Most of the pipes in the City are nearing their useful life. 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 Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b), Regional Water Quality Control Board v. City of Cypress, Civil Complaint No. R8-2007-0054. The City Attorney stated that there was a privileged and confidential briefing of the civil complaint that has been filed in connection with the City's compliance with certain State laws with a discussion on the available options. The City Council unanimously directed staff to pursue a recommended strategy. 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 Numbers 241-091-22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street and Portions of Real Property Identified by APN Numbers 241-231 -22, 27, 28, 32, 35 and 42; Consisting of Approximately 10 Acres North of Katella Avenue Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area; Party Negotiating With: Hopkins Real Estate Group and Los Alamitos Race Course, respectively; Negotiating Party: Deputy Executive Director; Under Negotiation: Site Status Update. The City Attorney stated that the Director of Community Development provided the Redevelopment Agency with a comprehensive update on this matter. 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 Numbers 242-142-50 and 242-062- 26; Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra ' Avenue and Moody Street and a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street, respectively; Party Negotiating With: Cypress Boys and Girls Club and VFW; Negotiating Party: Director of Community DevelopmendDeputy Executive Director; Under Negotiation: Site Status Update. The City Attorney stated it was a briefing only, with questions answered. No reportable action was taken nor was any solicited. No other action was taken in Closed Session, nor was any solicited. 3 CITY COUNCIL MINUTES JULY 23, 2007 ~,SO 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. Roberta O'Toole, Cypress, thanked the City Council and staff for their assistance and participation at the Tanglewood North Homeowners Association Patriotic Picnic on July 14, 2007, and invited Council to attend its 2"d Annual Cypress Veterans Appreciation Day in early November. Mary Crowder, Cypress, spoke regarding code enforcement issues. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN M/NUTES 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 Agenda Item No. 6 be pulled from the Consent Calendar. It was moved by Mayor Pro Tem Seymore and seconded by Council Member Narain, to approve Consent Calendar Items No. 1 through 5 and 7 through 9. 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. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF JULY 9, 2007. Recommendation: That the City Council approve the Minutes of the Meeting of July 9, 2007, as submitted. 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: ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT DEPARTMENT'S 2006/2007 TARGETED RUBBERIZED ASPWALT CONCRETE INCENTIVE GRANT PROGRAM. Recommendation: That the City Council: 1) Accept grant funds in the amount of $150,000 from the California lntegrated Waste Management Board's 2006/2007 Targeted Rubberized Asphalt Concrete Incentive Grant Program; and 2) Increase estimated grant revenues by $150,000 in the Special Gas Tax 2106 Fund (Account 3525-22); and 3) Approve appropriation of $150,000 to Account No. 4186-22-493-21 for Arterial Street Rehabilitation. Item No. 4: OPPOSITION TO SB 303. Recommendation: That the City Council approve the transmittal of a letter after signature by the Mayor. 4 CITY COUNCIL MINUTES JULY 23, 2007 451 Item No. 5: APPROVAL OF CONTRACT FOR CROSSING GUARD SERVICES. Recommendation: That the City Council: 1) Dispense with the formal competitive bidding process, pursuant to City Code Section 21-A10C, D, and F, since All City Management Services, Inc. is the sole source vendor; and 2) Award a one (1) year contract for crossing guard services to All City Management Services, Inc., 1749 South La Cienega Boulevard, Los Angeles, California 90035, for an amount not to exceed $163,142 per year. Item No. 7: SPECIAL TAX LEVY FOR FY 2007-08 WITHIN COMMUNITY FACILITIES , DISTRICT NO. 1(SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District No. 1(Sorrento Homes), authorize the levy of a special tax for fiscal year 2007-08 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 6046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 1(SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2007-2008 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item No. 8: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE 2007. Recommendation: That the City Council receive and file the Investment Report for the month of June, 2007. Item No. 9: APPROVAL OF COMMERCIAL WARRANT UST AND WIRE TRANSFERS FOR FISCAL YEAR 2006-07 FOR WARRANTS NO. 81605 THROUGH 81855. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2006-07. Reqarding Item No. 6: ADOPTION OF RESOLUTIONS ESTABLISHING SALARIES FOR CONFIDENTIAL POSITIONS MID-MANAGEMENT POSITIONS AND EXECUTIVE MANAGEMENT POSITIONS• ADJUSTING CITY COUNCIL EXPENSE ALLOWANCE; AND ESTABLISHING HOURLY PAY RATES FOR PART-TIME EMPLOYEES, Council Member Mills commented that, in regard to recommendation number 4 modifying Resolution No. 2986 regarding the reimbursement to City Council Members for monthly expenditures, he believes that City Council Members do not need to be making a profit off of the City with their allowances. He compiled his activities for the month of June 2007 and determined that the real cost to him was in excess of the proposed allowance and feels the proposed amount is fair and reasonable. ft was moved by Council Member Mills and seconded by Council Member Narain, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Adopt the Resolution by title only, establishing salary ranges and benefits for Confidential positions; and 2) Adopt the Resolution by title only, establishing salary ranges and benefits for Mid-Management positions; and 3) Adopt the Resolution by title only, establishing salary ranges and benefits for Executive Management positions; and 4) Adopt the Resolution by title only, modifying Resolution No. 2986 Regarding the Reimbursement to City Council Members for Monthly Expenditures; and 5) Adopt the Resolution by title only, establishing the hourly pay rates for part-time employees. 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 5 CITY COUNCIL MINUTES JULY 23, 2007 4S2 RESOLUTION NO. 6041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING COMPENSATION FOR THE CONFIDENTIAL POSITIONS OF HUMAN RESOURCES ANALYST, MANAGEMENT ANALYST, SECRETARY TO THE CITY MANAGER, HUMAN RESOURCES TECHNICIAN AND MANAGEMENT ASSISTANT. RESOLUTION NO. 6042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING SALARY RANGES AND BENEFITS FOR MID-MANAGEMENT POSITIONS. RESOLUTION NO. 6043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING SALARY RANGES AND BENEFITS FOR EXECUTIVE MANAGEMENT POSITIONS. RESOLUTION NO. 6044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, MODIFYING RESOLUTION NO. 2986 REGARDING THE REIMBURSEMENT OF CITY COUNCIL MEMBERS FOR MONTHLY EXPENDITURES. RESOLUTION NO. 6045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS AND ACTING AS EX-OFFiClO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ESTABLISHING HOURLY PAY RANGES FOR TEMPORARY PART-TIME AND SEASONAL POSITIONS. END OF CONSENT CALENDAR ORDINANCES: No items. NEW BUSINESS: No items. RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as the Ex Otficio 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 Matfers Not on the Agenda. None. 6 CITY COUNCIL MINUTES JULY 23, 2007 453 ITEMS FROM CITY COUNCIL MEMBERS: Mayor Luebben requested reports from the Council Members on their respective committee assignments. Council Member Mills: Attended the Chamber of Commerce Networking breakfast. Toured the Damron School site. Attended a SCAG Transportation Committee meeting. Attended the - Concert on the Green. Attended a Cypress Village Homeowners Association annual summer barbecue. Attended a Local Agency Formation Committee (LAFCO) meeting. Council Member Narain: Attended an Orange County Medication Association Presidential Inauguration Event. Attended an O.C. Sanitation District meeting. Discussed the written request from Mr. Ferguson suggesting the use a laser light on the overhead screen at Council meetings. Asked staff to look into senior transportation and work with the Senior Citizens Commissioners on that matter. He further requested that staff research Commissioner stipends with a report on when that was last updated, along with consideration for car allowances. Council Member Bailev: Attended a BRACE meeting with the City Manager with Los Alamitos Ornamental and PacifiCare. Attended the Concert on the Green. Council Member Bailey reported on his attendance and involvement at various community events and activities. Mavor Pro Tem Sevmore: Attended a special meeting of the O.C. Fire Authority. Attended the Tanglewood North Homeowners Association Patriotic Picnic. Attended the Concerts on the Green. ' Attended an O.C. Fire Authority Academy Graduation. Mavor Luebben: Announced the Grand Re-Opening of the Cypress Community Center. Reminded of the Cypress Community Festival, along with Festival Week Events. The City Attorney spoke regarding the passing of Dave Hansen, Cypress Auto Repair and Tow. ITEMS FROM CITY MANAGER: The City Manager thanked the City Council for their approval of the compensation packages for staff. ADJOURNMENT: Mayor Luebben adjourned the meeting in at 8:00 p.m. to Monday, August 13, 2007, beginning at 5:30 p.m. in the Executive Board Room. " MAYOR O THE CITY OF CYPRESS , ~ ATTEST: ('u.~~~~ CITY CLERK OF THE CITY OF CYPRESS 7