Minutes 2008-01-14 ~Y~~~I Y
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 14, 2008
A regular meeting of the Cypress City Council was called to order at 4:30 p.m. by Mayor
Seymore in the Council Chambers, 5275 Orange Avenue, Cypress, California. ,
Members present:
Mayor/Agency Chair Todd Seymore
Mayor Pro Tem/Agency Vice Chair Leroy Mills
Council/Agency Board Member poug Bailey
Council/Agency Board Member Phil Luebben
Council/Agency Board Member Prakash Narain
Staff present:
City Manager John Bahorski
City Attorney William Wynder
Legal Counsel Colin Tanner
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
Police Captain Mark Yokoyama
Police Captain Mike Idom
Assistant City Engineer Kamran Dadbeh
Recreation Superintendent Dena Diggins
Recreation Supervisor Jeff Draper -
Human Resources Manager Cathy Thompson
Administrative Services Manager June Liu
City Clerk Denise Basham
ORAL COMMUNICATIONS:
The following individuals spoke in opposition to the findings and recommendations of
the Hearing Officer:
William Davis, Business Representative and Legal Counsel, International Brotherhood
of Teamsters, Local 911.
Richard Melim, Appellant.
RICHARD MELIM V. CITY OF CYPRESS - OAH NO. L2007070862
The Human Resources Manager provided background information on this item.
It was moved by Council Member Luebben and seconded by Council Member Bailey,
that the City Council adopt the proposed decision in its entirety and certify the findings
and recommendations of the Hearing Officer.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
At 4:41 p.m., the Mayor recessed the meeting to the 2007 Champions Rally honoring
Cypress High School.
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CITY COUNCIL MINUTES JANUARY 14, 2008
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 Seymore.
Members present:
Mayor/Agency Chair Todd Seymore
Mayor Pro Tem/Agency Vice Chair Leroy Mills
Council/Agency Board Member poug Bailey
Council/Agency Board Member Phil Luebben
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
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
Administrative Services Manager June Liu
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Narain.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
None.
ORAL COMMUNICATIONS: LIM/TED TO ONE-HALF HOUR. (THREE M/NUTES
PER SPEAKER, SPEAK/NG ONCE.)
Mayor Seymore asked anyone who wished to speak on any topic not included on the
meeting Agenda to come forward.
PUBLIC HEARINGS: 7:00 P.M. (PUBL/C COMMENTS RESTR/CTED TO TEN
M/NUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
CONSENT CALENDAR:
AlI 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.
Mayor Pro Tem Mills, in regard to Agenda Item No. 7, stated that effective February 9,
2006, fluorescent bulbs and tubes were banned from being put into the waste systems
because of their mercury content and that effective September 2008, residents will no
longer be able to dispose of sharp instruments such as syringes in regular trash.
Council Member Bailey requested Agenda Item No. 11 be pulled from the Consent
Calendar.
It was moved by Council Member Narain and seconded by Mayor Pro Tem Mills, to
approve Consent Calendar Items No. 1 through 10 and 12 through 16.
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CITY COUNCIL MINUTES JANUARY 14, 2008
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Item No. 1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
DECEMBER 10. 2007. `
Recommendation: That the City Council approve the Minutes of the Meeting of
December 10, 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: APPROVAL OF PLANS AND SPECIFICATIONS FOR THE
INSTALLATION OF A WROUGHT IRON FENCE AND GATE AND MASONRY
PILASTERS ALONG THE NORTH SIDE OF DARRELL ESSEX PARK PUBLIC
WORKS PROJECT NO. 2007-22.
Recommendation: That the City Council approve the plans and specifications for
Installation of a Wrought Iron Fence and Gate and Masonry Pilasters along the north
side of Darrell Essex Park, Public Works Project No. 2007-22.
Item No. 4: APPROVAL OF PLANS AND SPECIFICATIONS FOR MARION AVENUE
SEWER RELINING. PUBLIC WORKS PROJECT NO 2006-17
Recommendation: That the City Council approve the plans and specifications for
Marion Avenue Sewer Relining, Public Works Project No. 2006-17.
Item No. 5: AWARD OF CONTRACT FOR THE CATCH BASIN SCREEN
INSTALLATIONS. PUBLIC WORKS PROJECT NO 2007-08
Recommendation: That the City Council: 1) Authorize an increase in Estimated
Revenues by $60,149.94 in Account No. 3525-41 (Other Grants) for the receipt of funds
from the County of Orange; and 2) Authorize the appropriation of funds received from
the County of Orange to Account No. 4187-41-281-08, during fiscal year 2007-2008, for
use in the purchase and installation of catch basin screens; and 3) Award a contract for
the Catch Basin Screen Installations, Public Works Project No. 2007-08, in the amount of
$52,299.94, to the lowest responsible bidder G2 Construction, Garden Grove, California;
and 4) Authorize a contingency of $7,850 (15% of Bid Amount), and direct the Director of
Public Works/City Engineer to issue any necessary change orders to complete additional
work within budgetary authority.
Item No. 6: AWARD OF CONTRACT FOR DESIGN/BUILD FOR KEYCARD ACCESS
SYSTEM AT CITY HALL AND COUNCIL CHAMBER PUBLIC WORKS PROJECT NO.
2007-11.
Recommendation: That the City Council: 1) Award a contract for Design/Build for
Keycard Access System at City Hall and Council Chamber, Public Works Project No.
2007-11, in the amount of $38,182.95, to the lowest responsible bidder and most
qualified bidder, Enterprise Security, Anaheim, California; and 2) Authorize a
contingency of $5,700 (15% of Bid Amount), and direct the Director of Public
Works/City Engineer to issue any necessary change orders to complete additional work
within budgetary authority.
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CITY COUNCIL MINUTES " ~
JANUARY 14, 2008
Item No. 7: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF
APPLICATION FOR THE COUNTY OF ORANGE'S INAUGURAL REGIONAL
RECYCLING AND WASTE DIVERSION GRANT PROGRAM AND APPROPRIATION
OF FUNDS.
Recommendation: That the City Council: 1) Adopt the Resolution by title only,
authorizing submittal of an application for funds for the County of Orange's Inaugural
Regional Recycling and Waste Diversion Grant Program; and 2) Authorize the City of
Cypress to serve as the administering agency of the grant on behalf of the Cities of La
Palma, Los Alamitos, and Stanton; and 3) Appropriate $80,000 from the unreserved
fund balance of the City's General Fund to account 4187-11-120-07 (Contract Services
- Private); and 4) Increase estimated revenues in the City's General Fund by $80,000
to account 3525-11 (Other Grants).
RESOLUTION NO. 6067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AUTHORIZING SUBMITTAL OF APPLICATION TO THE COUNTY OF
ORANGE FOR THE INAUGURAL REGIONAL RECYCLING AND
WASTE DIVERSION GRANT PROGRAM.
Item No. 8: APPROVAL OF AGREEMENT FOR TRANSFER OR PURCHASE OF
EQUIPMENT OR SERVICES OR REIMBURSEMENT OF TRAINING COSTS FOR FY
2007 URBAN AREA SECURITY INITIATIVE (UASI)
Recommendation: That the City Council: 1) Approve the recommended purchase of
equipment or services, or training reimbursement provided by the Urban Area Security
Initiative (UASI) grant program; and 2) Approve the increase to the estimated revenues in
the General Fund in Other Grants, account number 3525-11-999-99, in the amount of
$3,172 for the 2007 UASI grant; and 3) Approve the appropriation of $3,172 from the
2007 UASI grant to the unreserved fund balance of the General Fund to Emergency
Services Training, account number 4206-11-180-05, for training related to terrorism; and
4) Authorize the Mayor to execute two (2) original copies of the "Agreement for Transfer
or Purchase of Equipment or Services or Reimbursement of Training Costs for FY07
Urban Areas Security Initiative (UASI)" and attached Exhibits.
Item No. 9: ACCEPTANCE OF THE AUDIT REPORT TO THE CITY COUNCIL AND
MANAGEMENT AND MANAGEMENT'S RESPONSE TO THE AUDIT REPORT TO
THE CITY COUNCIL AND MANAGEMENT FOR THE FISCAL YEAR ENDED JUNE
30, 2007.
Recommendation: That the City Council receive and file the Auditor's Report to the City
Council and Management and Management's Response to the Auditor's Report to the
City Council and Management.
Item No. 10: ACCEPTANCE OF THE REPORT ON AGEED-UPON PROCEDURES
APPLIED TO THE CITY OF CYPRESS' APPROPRIATION LIMIT FOR THE FISCAL
YEAR ENDING JUNE 30. 2008.
Recommendation: That the City Council receive and file the report on Agreed-Upon
Procedures Applied to the City of Cypress' Appropriation Limit for the Fiscal Year Ending
June 30, 2008.
Item No. 12: ACCEPTANCE OF THE SINGLE AUDIT REPORT OF THE CITY OF
CYPRESS FOR THE FISCAL YEAR ENDED JUNE 30 2007.
Recommendation: That the City Council receive and file the Single Audit Report of the
City of Cypress for the Fiscal Year Ended June 30, 2007.
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CITY COUNCIL MINUTES JANUARY 14, 2008
Item No. 13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF
NOVEMBER. 2007.
Recommendation: That the City Council receive and file the Investment Report for the
month of November, 2007.
Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 83924 THROUGH
84486.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal I
Year 2007-08.
Recreation & Park District Matters:
Item No. 15: ACCEPTANCE OF THE REPORT ON AGREED-UPON PROCEDURES
APPLIED TO THE CYPRESS RECREATION AND PARK DISTRICT'S
APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDING JUNE 30 2008
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the report on Agreed-Upon
Procedures Applied to the Cypress Recreation and Park DistricYs Appropriation Limit
for the Fiscal Year Ending June 30, 2008.
Item No. 16: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS RECREATION AND PARK DISTRICT FOR THE FISCAL YEAR
ENDED JUNE 30. 2007.
Recommendation: That the City Council, acting as the ex-officio Board of Directors of
the Cypress Recreation and Park District, receive and file the report.
Reqardinq Item No. 11: ACCEPTANCE OF THE COMPREHENSIVE ANNUAL '
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30 2007 Council
Member Bailey asked for clarification on the supplemental schedules in regard to the
Redevelopment Agency and the City Capital Projects Fund and how the budgeted
amounts differ from the actual amounts.
The Assistant City Manager/Director of Finance and Administrative Services spoke of
the government accounting and financial reporting in relation to debt outside of the fund
accounting.
Council Member Bailey additionally asked for clarification in regard to the Capital
Projects Fund versus the final amount budgeted for Capital Outlay and how they differ.
The Assistant City Manager/Director of Finance and Administrative Services responded
that a portion of that fund will be carried over to Fiscal Year 2008-2009 as it relates to
the final payments for the Community Center Remodel and various other development
projects.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that
the City Council receive and file the report.
The motion was ur~animously carried by the following roll call vote: l
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
END OF CONSENT CALENDAR
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CITY COUNCIL MINUTES ~ ~
JANUARY 14, 2008
ORDINANCES SECOND READING :
Item No. 17: SECOND READING OF AN ORDINANCE AMENDING SECTION 13-21
OF THE CYPRESS MUNICIPAL CODE AND THE CITY'S WATER QUALITY
ORDINANCE RELATIVE TO DOMESTIC SEWAGE EXCEPTION.
It was moved by Council Member Narain and seconded by Mayor Pro Tem Milis, that the
City Council adopt the Ordinance by title only, amending Section 13-21 of the Cypress
Municipal Code relative to the City's Water Quality Ordinance and removing reference to
domestic sewage as an exempted discharge under the City's National Pollutant
Discharge Elimination System (NPDES) Stormwater Permit.
The motion was unanimously carried by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ORDINANCE NO. 1098
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS
RECREATION AND PARK DISTRICT, AMENDING CHAPTER 13
ARTICLE IV, SECTION 13-21 RELATED TO IMPLEMENTATION
OF THE FEDERAL CLEAN WATER ACT.
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.
It was moved by Agency Vice Chair Mills and seconded by Agency Member Narain, to
approve Consent Calendar Item No. 18.
The motion was unanimously carried by the following roll call vote:
AYES: 5 AGENCY MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 AGENCY MEMBERS: None
ABSENT: 0 AGENCY MEMBERS: None
Item No. 18: ACCEPTANCE OF THE COMPONENT UNIT FINANCIAL REPORT OF
THE CYPRESS REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDED JUNE
30. 2007.
Recommendation: That the Cypress Redevelopment Agency receive and file the
report.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Don Gras, Cypress Chamber of Commerce, spoke regarding upcoming Chamber
events and activities.
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CITY COUNCIL MINUTES JANUARY 14, 2008
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Seymore requested reports from the Council Members on their respective
committee assignments.
Council Member Bailev:
Thanked the Cypress Rotary Club for their assistance with providing and serving hot
dogs at the pep rally this evening.
Mavor Pro Tem Mills:
Spoke regarding the California Energy Commission's efforts to gain government control
over residents' thermostats during emergency events.
Council Member Narain:
Attended the Cypress Chamber of Commerce breakfast meeting. Attended an O.C.
Library Advisory Committee meeting. Attended an O.C. League of California Cities
meeting.
Council Member Luebben:
Attended a Lexington Junior High School Site Council meeting. Attended an O.C.
Sanitation District Administrative Committee meeting. Attended an O.C. Sanitation
District Steering~ Committee and Board of Directors meeting. Asked the Chief of Police
for an update regarding sobriety checkpoints in the City.
The Chief of Police provided information on the most recent sobriety checkpoints held
in the City, further reporting on the arrest of a burglary suspect at the Target store in
Cypress.
Mavor Sevmore:
Attended the O.C. League of California Cities holiday mixer. Attended an O.C. Fire
Authority academy graduation. Attended the Donate Life Rose Parade reception.
Attended the O.C. League of California Cities meeting.
Mayor Pro Tem Mills asked the Assistant City Manager/Director of Finance and
Administrative Services to comment on the financial success of the City in this time of.
economical fluctuation.
The Assistant City Manager/Director of Finance and Administrative Services stated that
the City of Cypress' current year budgetary status is positive, with revenues coming in
as projected, without much effect from the economic slowdown. As staff prepares for
Fiscal Year 2008-2009, consideration will be given to the impacts of the State budget
and the future economy.
Mayor Seymore announced that Cypress will be hosting an E-waste recycling collection
on Saturday, January 26th at the Cypress Community Center from 9:00 a.m. to 3:00
p.m.
ITEMS FROM CITY MANAGER•
The City Manager discussed the current street rehabilitation program.
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CITY COUNCIL MINUTES JANUARY 14, 2008
ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:29 p.m. to Monday,
January 28, 2008, beginning at 5:00 p.m. in the Executive Board Room.
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MAYOR OF THE CITY F CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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