Minutes 2007-10-22 ~ 9
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
October 22, 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
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
Director of Community Development Ted Commerdinger
Public Works Director poug 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
Recreation Superintendent Dena Diggins
Recreation Supervisor Jennifer Worsham
Management Analyst Antonia Castro
City Clerk Denise Basham
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ORAL COMMUNICATIONS:
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None.
WORKSHOP SESSION:
The City Manager stated that the current ordinance needed an amendment to include
construction and demolition. Staff is in attendance to make a presentation to the City
Council outlining the process of recycled/reused waste materials as the result of
residential and commercial buildings construction.
The Management Analyst provided a presentation on the proposed recycling program
for materials generated from the construction and demolition of residential and
commercial buildings.
Mayor Luebben asked about the difference between waste disposal bins, and the City
of Cypress' recycling program as compared to surrounding cities.
The Management Analyst responded that most surrounding cities do offer a variety of
waste/recycling bins. The Construction and Demolition program, however, would not
require an additional bin. Implementation of this program would not present an undo
~ burden on residents or contractors.
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Council Member Narain asked about any additional costs that may be incurred from this
program.
The Management Analyst replied that there would not be any additional costs, other
than the bin rental. However, the contractor would also incur monetary gain from the
recycled waste. She stated that, if City Council wished to move forward with this
program, staff would submit an amended ordinance at a future date, then proceed with
a public education campaign that would include outreach via mail, brochures, website,
and cable television.
CITY COUNCIL MINUTES OCTOBER 22, 2007
Mayor Luebben thanked staff for tonight's presentation.
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 APN Number 262-
361-45, Located at 5201 Lincoln Avenue; Party Negotiating With: Cypress - Tara
Village, L.P.; Negotiating Party: Director of Community Development/Deputy Executive
Director and Redevelopment Project Manager; Under Negotiation: Affordable Housing
AgreemenbCovenant Acquisition Price and Purchase Terms.
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 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
Development/Deputy Executive Director; Under Negotiation: Terms of Payment.
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 DevelopmendDeputy Executive Director; Under Negotiation: Terms of
Payment.
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 DevelopmendDeputy Executive Director;
Under Negotiation: Terms of Payment.
At 5:21 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
i Staff present:
' City Manager John Bahorski
~ City Attorney William Wynder
Assistant City Manager/Director of Finance and Administrative Services Richard Storey
; Director of Community Development Ted Commerdinger
1 Public Works Director poug Dancs
' Recreation and Community Services Director Laura Detweiler
Police Captain Mark Yokoyama
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager June Liu
Recreation Superintendent Dena Diggins
Recreation Supervisor Jennifer Worsham
Management Analyst Antonia Castro
City Clerk Denise Basham
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CITY COUNCIL MINUTES OCTOBER 22, 2007
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Luebben.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Leonard Robinson, Department of Toxic Substances Control for "Take It Back
Partnership," presented a certificate to the City for its e-waste roundup held on
September 8, 2007.
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REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
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The Mayor asked for the report of the Workshop Agenda items discussed earlier in the
evening.
The City Manager reported that Public Works staff provided a presentation on an
ordinance for the demolition/recycling of waste materials as the result of residential and
commercial buildings construction. This matter will be further discussed at a future 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 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 APN Number 262-361-45,
Located at 5201 Lincoln Avenue; Party Negotiating With: Cypress - Tara Village, L.P.;
Negotiating Party: Director of Community Development/Deputy Executive Director and
Redevelopment Project Manager; Under Negotiation: Affordable Housing
Agreement/Covenant Acquisition Price and Purchase Terms.
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 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: Terms of Payment.
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: Terms of Payment.
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:
y~,,, Director of Community DevelopmenUDeputy Executive Director; Under Negotiation:
Terms of Payment.
The City Attorney stated that the Redevelopment Agency unanimously directed staff to
prepare an affordable housing agreement with Tara Village, L.P., and to bring the same
back for future public consideration at a meeting of the Agency.
No other action was taken in Closed Session, nor was any solicited.
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CITY COUNCIL MINUTES OCTOBER 22, 2007
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 Masterworks Chorale, invited the City Council to attend the
"Mixing it up with Mozart" concert on October 28, 2007 at 4:00 p.m. at Cypress College.
PUBLIC HEARINGS: 7:00 P.M. (PUBUC COMMENTS RESTRICTED TO TEN
M/NUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNC/L). ~
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
recommendafions listed on the Agenda.
Council Member Bailey requested Agenda Item Nos. 8 and 14 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 7 and 9 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. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
OCTOBER 8, 2007.
Recommendation: That the City Council approve the Minutes of the Meeting of
October 8, 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: PROCLAIMING OCTOBER 28. 2007 AS "NATIONAL IMMIGRANTS
DAY" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim October 28,
2007 as "National Immigrants Day" in the City of Cypress.
Item No. 4: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT (TE)
PROGRAM UNDER THE 2005 SAFE. ACCOUNTABLE, FLEXIBLE EFFICIENT
TRANSPORTATION EQUITY ACT - A LEGACY FOR USERS FOR THE MOODY
STREET BEAUTIFICATION PROJECT.
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Recommendation: That the City Council adopt the Resolution by title only, authorizing
submittal of an application for funds for the Transportation Enhancement (TE) Program
under the 2005 Safe, Accountable, Flexible, Efficient, Transportation Equity Act - a
Legacy for Users for the Moody Street Beautification Project.
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CITY COUNCIL MINUTES OCTOBER 22, 2007
RESOLUTION NO. 6062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION
ENHANCEMENT (TE) PROGRAM UNDER THE 2005 SAFE,
ACCOUNTABLE, FLEXIBLE, EFFICIENT, TRANSPORTATION EQUITY
ACT - A LEGACY FOR USERS FOR THE MOODY STREET
BEAUTIFICATION PROJECT.
Item No. 5: APPROVAL OF AN AGREEMENT WITH THE CITY OF BUENA PARK
FOR SHARING THE COST OF IMPROVEMENTS ON VALLEY VIEW STREET FROM
ORANGETHORPE AVENUE TO LINCOLN AVENUE.
Recommendation: That the City Council: 1) Approve an agreement with the City of
Buena Park for sharing the cost of improvements on Valley View Street from
Orangethorpe Avenue to Lincoln Avenue; and 2) Authorize the Mayor to execute the
agreement between the City of Buena Park and the City of Cypress for sharing the cost of
improvements on Valley View Street from Orangethorpe Avenue to Lincoln Avenue.
Item No. 6: APPROVAL OF RENEWAL OF WATER QUALITY ORDINANCE
IMPLEMENTATION AGREEMENT.
Recommendation: That the City Council approve the renewal of agreement between
the City of Cypress and the Orange County Flood Control District (OCFCD) authorizing
the County to perform authorized inspection services for the City on an as needed basis
as part of the City's enforcement of the Water Quality Ordinance.
Item No. 7: APPROVAL OF DESIGN SPECIFICATIONS AND AUTHORIZATION TO
SOLICIT BIDS FOR RESIDENTIAL AND ARTERIAL STREETS SLURRY SEAL
PUBLIC WORKS PROJECT NO. 2007-13.
Recommendation: That the City Council: 1) Approve the design specifications for the
€ Residential and Arterial Streets Slurry Seal, Public Works Project No. 2007-13; and 2)
Authorize staff to solicit bids for this project.
Item No. 9: SEWER SYSTEM MANAGEMENT PLAN UPDATE.
Recommendation: That the City Council receive and file the Draft Sewer System
Management Plan: Development Plan, Schedule, Goals, and Organization Structure for
the City of Cypress in Compliance with the State Water Resources Control Board -
Order No. 2006-0003-DWQ Statewide Discharge Requirements for Sanitary Sewer
Systems.
Item No. 10: ADOPTION OF AMENDMENT NO. 13 TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY MASTER FUNDING AGREEMENT.
Recommendation: That the City Council approve Amendment No. 13 to Cooperative
Agreement No. C-95-970 with the Orange County Transportation Authority and
authorize the Mayor to execute said agreement.
Item No. 11: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2006-07.
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Recommendation: That the City Council approve the following appropriations for Fiscal
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Year 2006-07:
Additional Appropriation from the unreserved, undesignated fund balance of the General
Fund to:
Account 4179-11-105-01 (Legal Services) $80,100
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CITY COUNCIL MINUTES OCTOBER 22, 2007
Additional Appropriation from the fund balance of the Supplemental Law Enforcement
Grant Fund to:
Account 4001-30-181-05 (Salaries) $2,650
Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to:
Account 4187-25-215-07 (Other Contract Services Private) $11,150
Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
SEPTEMBER, 2007. ~ ;
Recommendation: That the City Council receive and file the Investment Report for the
month of September, 2007.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 83151 THROUGH
83347.
Recommendation: That the City Council approve the attached warrant register and wire
transfers for Fiscal Year 2007-08.
Reqardinq Item No. 8: AWARD OF CONTRACT FOR JANITORIAL SERVICES,
Council Member Bailey asked staff about why there were only two bids received.
The Public Works Director responded that sufficient public advertising was done, with
one of the bids received being from the existing contractor.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Seymore,
that the City Council award a two-year contract for janitorial services to United
Maintenance Systems and authorize the City Manager to execute the contract on behalf
of the City, and direct the Director of Public Works/City Engineer to act as Contract
Officer.
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:
Regarding Item No. 14: APPROVAL OF A THREE-YEAR AGREEMENT WITH TWO
ONE-YEAR RENEWAL OPTIONS FOR THE DESIGN/LAYOUT AND PRINTING OF
THE QUARTERLY CYPRESS ACTIVITY BROCHURE AND CITY NEWS, Council
Member Bailey asked about the Request for Proposal (RFP) process, and why only one
vendor bid was received for the design/layout.
The Recreation Supervisor informed of the bid advertisement process that included
soliciting to 14 vendors, with only one bid submitted.
Mayor Luebben asked if vendors may be too reluctant to submit a proposal due to the
strict criteria.
The Recreation and Community Services Director explained that the design/layout of
the activity brochure is a fairly specialized business.
Mayor Luebben asked if, because of the specialized nature of the bid, staff could forego
the competitive bid process and negotiate a better contract with the vendor of choice.
The Recreation and Community Services Director responded that the printing bid
process was helpful to staff in determining actual costs. The design/layout bid process
was less successful.
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CITY COUNCIL MINUTES OCTOBER 22, 2007
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Seymore, that
the City Council, acting as the ex officio governing Board of Directors for the Cypress
Recreation and Park District: 1) Approve a three-year agreement with two one-year
renewal options with Weidenhoefer Design Studio, for design and layout of the quarterly
Cypress Activity Brochure and City News not to exceed $53,115 over a five (5) year
period; and 2) Approve a three-year agreement with two one-year renewal options with
Westminster Press, for printing of the quarterly Cypress Activity Brochure and City News
not to exceed $106,890 over a five (5) year period; and 3) Appropriate $1,657 from the
Recreation and Park District Unreserved General Fund to Recreation and Park District
budget account 4187-12-301-10 for the Design/Layout and Printing of the Quarterly
Cypress Activity Brochure and City News for fiscal year 07/08.
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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:
No items.
NEW BUSINESS:
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress City Council, Acting as
the Ex Officio Governing Board of Directors.
No items.
`W CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council,
Acting as the Cypress Redevelopment Agency.
No items.
ORAL COMMUNICATIONS: For Matters Nof on the Agenda.
Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming Chamber
events and activities.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Luebben requested reports from the Council Members on their respective
committee assignments.
Council Member Mills:
Spoke regarding the current fires, with prayers for no further loss of life and/or property.
~ Council Member Narain:
Attended a workshop at the O.C. Sanitation District. Attended a Cypress Theatre Guild
presentation. Attended the Commissioners Recognition Dinner. Attended the Red
Ribbon breakfast. Attended the Cypress Boys and Girls Club fundraiser.
Mavor Pro Tem Sevmore:
Attended the O.C. Fire Authority Open House at Station 17. Attended the
Commissioners Recognition Dinner. Attended the O.C. Fire Authority pancake
breakfast fundraiser.
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CITY COUNCIL MINUTES OCTOBER 22, 2007
Council Member Bailev:
Attended the Commissioners Recognition Dinner. Attended the Cypress Boys and Girls
Club fundraiser.
Mayor Luebben:
- Attended an O.C. Sanitation Finance and Administration Committee meeting. Attended
an O.C. Sanitation District workshop. Attended the Commissioners Recognition Dinner.
Attended the Cypress Boys and Girls Club fundraiser. Attended the Red Ribbon
breakfast.
ITEMS FROM CITY MANAGER:
The City Manager thanked the Public Works Department for their response to 28
downed trees and limbs due to the recent winds. Attended the 2008 Economic
Forecast with the Assistant City Manager/Director of Finance and Administrative
Services. Announced his appointment to the O.C. Transportation Authority
Environmental Clean-Up Allocation Committee.
The Recreation and Community Services Director stated that the City received an
American Public Works Association (APWA) award for the design of the Community
Center remodel.
The Police Captain provided an update on the Cottonwood Christian Church homicide
investigation and subsequent arrests.
Mayor Luebben spoke regarding current devaluation of the dollar and urged residents
to contact their legislators.
ADJOURNMENT: Mayor Luebben adjourned the meeting at 7:35 p.m. to Tuesday,
November 13, 2007, beginning at 5:30 p.m. in the Executive Board Room.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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