Minutes 2007-09-10 477
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 10, 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
Agency Counsel Dan Slater
Assistant City Manager/Director of Finance and Administrative Services Richard
Storey
Director of Community Development Ted Commerdinger
Chief of Police Rick Hicks
Public Works Director poug Dancs
Recreation and Community Services Director Laura Detweiler
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Finance Manager Matt Burton
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The Administrative Services Manager provided City Council with an overview of legal
services, including a breakdown of attorney fees incurred by the City.
City Attorney Wynder discussed the history of his firm's legal services to the City,
assuring that he is confident in his firm's continued commitment to the City.
Agency Counsel Slater stated that he continues to work closely with the City Attorney,
and concurs with the City Attorney about continued commitment to the City.
Mayor Luebben commented on the history of the split of the City's legal services.
Council Member Mills stated that his primary reason for requesting the discussion of
this item was to provide the new City Council Members with a historical overview of
both law firms, and address why the City contracts with two different law firms.
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Council Member Bailey remarked that there are multiple firms used at his place of
business, and feels that there is no need to change the way the City is presently
handling its legal services.
Council Member Seymore commented that he feels this is a great team and there is no
reason to change if there have not been problems.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Real Property Negotiators, pursuant to Government Code
CITY COUNCIL MINUTES SEPTEMBER 10, 2007 478
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: +iopkins Real Estate Group and
Los Alamitos Race Course, respectively; Negotiating Party: Director of Community
Development/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 Number 242-062-26;
Consisting of a 1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody
Street, Party Negotiating With: O.C. Fire Authority; Negotiating Party: Director of
Community Development/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 Number 242-142-50;
Consisting of an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra
Avenue and Moody Street Party Negotiating With: Cypress Boys and Girls Club
Negotiating Party: Director of Community Development/Deputy Executive Director
Under Negotiation: Site Status Update.
At 5:24 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 7:00 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
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
Public Works Director poug Dancs
Recreation and Community Services Director Laura Detweiler
Police Captain Mark Yokoyama
Administrative Services Manager June Liu
Management Analyst Antonia Castro
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Cypress Police
Explorers Post 1036.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
None.
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CITY COUNCIL MINUTES SEPTEMBER 10, 2007 479
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 there was a workshop to review legal services,
including a historical review of legal services and the general costs involved with the
City of Cypress services.
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, 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: Director of Community
DevelopmenUDeputy Executive Director; Under Negotiation: Site Status Update.
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 242-062-26; Consisting of a
1.0 Acre Parcel at the Northwest Corner of Cerritos Avenue and Moody Street; Party
Negotiating With: O.C. Fire Authority; Negotiating Party: Director of Community
Development/Deputy Executive Director; Under Negotiation: Site Status Update.
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 242-142-50; Consisting of
an Approximately 0.68 Acre Parcel at the Southwest Corner of Myra Avenue and
Moody Street; Party Negotiating With: Cypress Boys and Girls Club; Negotiating Party:
Director of Community Development/Deputy Executive Director; Under Negotiation: Site
Status Update.
The City Attorney stated that a report was provided by the Deputy Executive Director on
all three items. No reportable action was taken.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: L/MITED 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.
Mayor Luebben stated that Agenda Item No. 1 was being pulled from the Agenda this
evening and continued to the next regular City Council meeting of September 24, 2007.
~ Audience members in attendance who wished to speak on the topic would be allowed
to speak under Oral Communications.
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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 CONDITIONAL USE PERMIT NO.
2007-12 AND TENTATIVE TRACT MAP NO. 17221 A REQUEST TO CREATE A ONE
(1) LOT SUBDIVISION AND CONSTRUCT SIXTEEN (16) CONDOMINIUM UNITS ON
THE PROPERTY LOCATED AT 4852 LINCOLN AVENUE WITHIN THE PC PLANNED
COMMUNITY ZONE LINCOLN AVENUE SPECIFIC PLAN AREA
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CITY COUNCIL MINUTES SEPTEMBER 10, 2007 4gO
This item was continued to the September 24, 2007 City Council meeting.
CONSENT CALENDAR:
All matters listed on fhe 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 lisfed on the Agenda.
It was moved by Mayor Pro Tem Seymore and seconded by Mayor Luebben, to
approve Consent Calendar Items No. 2 through 7.
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
AUGUST 27, 2007.
Recommendation: That the City Council approve the Minutes of the Meeting of August
27, 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: PROCLAMATION RECOGNIZING ASSISTANT FIRE CHIEF JERRY
HUNTER ON HIS RETIREMENT FROM THE ORANGE COUNTY FIRE AUTHORITY.
Recommendation: That the Mayor and City Council officially recognize Assistant Fire
Chief Jerry Hunter on his retirement from the Orange County Fire Authority.
Item No. 5: PROCLAIMING THE WEEK OF OCTOBER 7-13, 2007 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
October 7-13, 2007 as "Fire Prevention Week" in the City of Cypress.
Item No. 6: ACCEPTANCE AND APPROPRIATION OF FUNDS FROM THE
CALIFORNIA INTEGRATED WASTE MANAGEMENT DEPARTMENT'S 2006/2007
RUBBERIZED ASPHALT CONCRETE USE GRANT PROGRAM.
Recommendation: That the City Council: 1) Accept grant funds in the amount of
$19,452 from the California lntegrated Waste Management Board's 2006/2007
Rubberized Asphalt Concrete Use Grant Program; and 2) Increase estimated grant
revenues by $19,452 in the City's Capital Improvement Program (CIP-Fund 15); and 3)
Approve appropriation of $19,452 to Account No. 4186-15-472-21 for Residential Street
Rehabilitation.
Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 82520 THROUGH
82710.
; Recommendation: That the City Council approve the attached warrant register and wire
i transfers for Fiscal Year 2007-08.
END OF CONSENT CALENDAR
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` ORDINANCES:
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No items.
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CITY COUNCIL MINUTES SEPTEMBER 10, 2007 481
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.
None.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Luebben requested reports from the Council Members on their respective
committee assignments.
Council Member Bailev:
Met with Bandai Corporation as part of the BRACE program. Attended the League of
California Cities Annual Conference in Sacramento. Attended opening day ceremonies
for the Challenger Baseball League.
Mavor Luebben:
Attended the League of California Cities Annual Conference in Sacramento. Read the
proclamation that will be presented to Assistant Chief Jerry Hunter of the Orange
County Fire Authority.
Mavor Pro Tem Sevmore:
Attended the Concert on the Green.
Council Member Mills:
Council Member Mills asked for information on the DUI checkpoint and large truck
inspection held recently.
The Chief of Police stated that the most recent was held on Saturday and Sunday on
Valley View Street across from Cypress College. He stated that the commercial vehicle
enforcement checkpoint was held this past Wednesday in an effort to ensure that the
vehicles are safe and in compliance with the law.
Attended a Regional Military Affairs Committee meeting at the Joint Forces Training
Base. Attended a SCAG Transportation and Communications meeting. Attended the
La Palma Community Center groundbreaking ceremony. Attended the Concert on the
Green. Attended the FOCCA Installation of Officers ceremony.
Council Member Narain:
Attended India's 60th Independence Day celebration.
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CITY COUNCIL MINUTES SEPTEMBER 10, 2007 4g2
ITEMS FROM CITY MANAGER:
Attended the League of California Cities Annual Conference in Sacramento.
Announced the City Council workshop on September 24, 2007.
ADJOURNMENT: Mayor Luebben adjourned the meeting at 7:28 p.m. to Monday,
September 24, 2007, beginning at 5:30 p.m. in the Executive Board Room.
,
MAYO OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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