Minutes 2008-01-28
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MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
January 28, 2008
A regular meeting of the Cypress City Council was called to order at 5:00 p.m. by Mayor
Seymore in the Executive Board Room, 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
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
Finance Manager Matt Burton
Public Works Superintendent Bobby Blackburn
Administrative Services Manager June Liu
Officer Greg Faessel
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The Assistant City Manager/Director of Finance and Administrative Services stated that
the purpose of the Mid-Year Review is to provide the status of the current year's budget,
along with discussion of year-end projections. He further reviewed the City's estimated
revenues and projected expenditures for Fiscal Year 2007-08.
The Assistant City Manager/Director of Finance and Administrative Services provided
overviews of the revenues, expenditures, and' fund balance for the Cypress Recreation ~
and Park District, along with a mid-year review for the Redevelopment Agency.
Mayor Seymore asked if there should be a separate contingency fund for the Cypress
Recreation and Park District.
The Assistant City Manager/Director of Finance and Administrative Services responded
that it is not necessary for the Cypress Recreation and Park District to have a separate
contingency fund.
The Assistant City Manager/Director of Finance and Administrative Services informed of
proceeds and fund balance for the Redevelopment Housing Fund for Fiscal Year 2007-08.
The Assistant City Manager/Director of Finance and Administrative Services spoke of City
goals which include enhanced public safety and effective government operations.
Council Member Luebben asked how the City can enhance public safety.
CITY COUNCIL MINUTES JANUARY 28, 2008
The Assistant City Manager/Director of Finance and Administrative Services responded
that the enhancement of public safety not only includes police safety, but Public Works
Maintenance safety such as road improvements, as well.
The Assistant City Manager/Director of Finance and Administrative Services reported that
the City's General Fund Revenue for Fiscal Year 2008-09 is expected to be reduced by
.2%, with an addition of $5 million to the Capital Improvement Project Infrastructure
Funding Plan. Additionally, the City departments will be incorporating'a 1.5% reduction in
their budget to match the on-going revenue reduction estimate which does not include
unanticipated State cuts.
Mayor Pro Tem Mills asked why it is necessary to take a 1.5% reduction for Fiscal Year
2008-09 at this time, considering there are monthly budget status reports.
The Assistant City Manager/Director of Finance and Administrative Services replied that
the reduction is a conservative proposal in anticipation of a decline in future revenues.
The Assistant City Manager/Director of Finance and Administrative Services stated that
the proposed budget for Fiscal Year 2008-09 will be submitted for City Council's review in
early May.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Public Employee Performance Evaluation, pursuant to Government Code
Section 54957(b)(1), Title: City Manager.
The City Attorney reported that the City Council would be meeting in Closed Session
regarding Conference with Labor Nego#iators, pursuant to Government Code Section
54957.6(a), Agency Negotiators: William Wynder and Richard Storey; Unrepresented
Employee: City Manager.
At 5:53 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 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 Attomey 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
Public Works Superintendent Bobby Blackbum
Administrative Services Manager June Liu
City Clerk Denise Basham ~
Management Analyst Alisha Farnell
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey.
INVOCATION: The invocation was given by Police Chief Hicks.
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CITY COUNCIL MINUTES JANUARY 28, 2008
PRESENTATIONS:
The Mayor presented a Certificate of Special Recognition to Oxford Academy for being
named the No. 4 high school in the United States by U.S. News and World Report.
The Mayor presented a Certificate of Special Recognition to Mitsubishi Motors of North
America for the donation of a new DARE vehicle.
At 7:07 p.m. the Mayor the recessed the meeting.
The meeting was reconvened at 7:11 p.m.
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 a mid-year budget review was held with the City Council
for review of the City's revenues and expenditures. For Fiscal Year 2008-09, the City
anticipates budgetary challenges due to the State budget crisis.
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 Public
Employee Performance Evaluation, pursuant to Government Code Section 54957(b)(1),
Title: City Manager. The City Attorney stated the evaluation was concluded, with
discussion to consider potential adjustments in the employment contract between the City
and the City Manager. The City Council received a proposal from the City Manager and
has accepted that proposal in principle, subject to a due diligence analysis of comparable
positions and compensation.
The City Attorney reported that the City Council met in Closed Session regarding
Conference with Labor Negotiators, pursuant to Government Code Section 54957.6(a),
Agency Negotiators: William Wynder and Richard Storey; Unrepresented Employee: City
Manager. The City Attorney stated this item will be continued to the next regular City
Council meeting for a conclusion and a receipt of the due diligence report from the
Assistant City Manager. The City Attorney was directed to bring back a contract
amendment with the City Manager for consideration and possible action at the next City
Council meeting.
No other action was taken in Closed Session, nor was any solicited.
ORAL COMMUNICATIONS: LIMITED 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.
Mike Kasler, Raul Alvarez, and Dave Wassenaar, Cypress College, spoke regarding the
Cypress College Americana Awards.
John Hall, Cypress Pops Orchestra, spoke regarding the group's 20t'' anniversary,
thanking the City Council for their support.
Darlene Allen, Cypress Pops Orchestra, spoke regarding the group's upcoming events
and fundraisers, thanking the City Council for their continued support.
PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN
M/NUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL).
No items.
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CITY COUNCIL MINUTES JANUARY 28, 2008
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.
Mayor Pro Tem Mills requested Agenda Items No. 1 and 5 be pulled from the Consent
Calendar.
Council Member Bailey requested Agenda Item No. 4 be pulled from the Consent
Calendar.
Council Member Narain requested Agenda Items No. 4, 6, and 7 be pulled from the
Consent Calendar.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Bailey, to
approve Consent Calendar Items No. 2 and 3, and 8 through 11.
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. 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: RESOLUTION RECOGNIZING SCAG EXECUTIVE DIRECTOR MARK
PISANO.
Recommendation: That the City Council adopt Resolution by title only, recognizing SCAG
Executive Director Mark Pisano.
RESOLUTION NO. 6068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
RECOGNIZING SCAG EXECUTIVE DIRECTOR MARK PISANO.
Item No. 8: AWARD OF CONTRACT FOR ADA CURB RAMP INSTALLATION AT
VARIOUS LOCATIONS PUBLIC WORKS PROJECT NO. 2007-15.
Recommendation: That the City Council: 1) Award a contract for ADA Curb Ramp
Installation at Various Locations, Public Works Project No. 2007-15, in the amount of
$68,850, to the lowest responsible bidder FS Construction, Sylmar, California; and 2)
Authorize a contingency of $10,328 (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. 9: APPROVAL OF PLANS AND SPECIFICATIONS FOR LEMON/LIME
NEIGHBORHOOD STREET AND ALLEY IMPROVEMENTS PUBLIC WORKS PROJECT
NO. 2007-16.
Recommendation: That the City Council approve the plans and specifications for
Lemon/Lime Neighborhood Street and Alley Improvements, Public Works Project No. 2007-
16.
Item No. 10: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF DECEMBER
2007.
Recommendation: That the City Council receive and file the Investment Report for the
moth of December, 2007.
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CITY COUNCIL MINUTES JANUARY 28, 2008
item No. 11: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS
FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 84487 THROUGH 84612.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2007-08.
Regardinq Item No.1: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING
OF JANUARY 14, 2008, Mayor Pro Tem Mills stated that, page 8, within the verbiage on
his reportable items, the word relinquish should be corrected to read gain.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Bailey, that the
City Council approve the Minutes of the Meeting of January 14, 2008, as amended.
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
Regardinc~ Item No. 4: CONSIDERATION OF ADOPTION OF A RESOLUTION TO
OPPOSE PROPOSITIONS 94 95 96 AND 97 RELATED TO STATE GAMING
COMPACTS WITH CERTAIN INDIAN TRIBES, Council Member Narain asked for
clarification on the relevance of this item being on the agenda, and asked how this action
would affect the City.
The Management Analyst responded that the Propositions have the potential to affect the
parimutuel revenues that the City receives from the Los Alamitos Race Track.
Additionally, there is information from the State Legislative office which describes that it
could take away sales tax revenues for the cities that are located near these proposed
casinos and could also reduce tax revenue to the State which would indirectly impact the
City.
Council Member Narain clarified that this matter is an expansion of the original Proposition
enacted in 1999, questioning how that may affect the City's revenues.
The Assistant City Manager/Director of Finance and Administrative informed of the pari-
mutuel revenues of recent years.
Council Member Narain asked when it was that the City Council took a stand on any
Propositions that had a significant revenue effect on the City.
The Administrative Services Manager informed of the Propositions that City Council has
taken a stand on within the last 10 years.
Council Member Luebben commented that he feels that the decision that was made to
allow gambling on tribal land was a mistake when it was approved by the citizens of
California.
Mayor Seymore provided information on the website related to these Propositions,
commenting that it is beneficial to oppose the Propositions.
It was moved by Mayor Seymore and seconded by Council Member Luebben, that the City
Council adopt the Resolution by title only, opposing Propositions 94, 95, 96, and 97 which
amend the existing 1999 State gaming compacts with the Pechanga, Morongo, Sycuan,
and Agua Caliente tribes.
The motion was carried by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bailey, Luebben, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 1 COUNCIL MEMBERS: Narain
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CITY ~ ~ ~
COUNCIL MINUTES JANUARY 28, 2008
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RESOLUTION NO. 6069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
OPPOSING PROPOSITIONS 94, 95, 96, AND 97 RELATED TO
STATE GAMING COMPACTS WITH CERTAIN INDIAN TRIBES.
Reqardinq Item No. 5: A REQUEST FOR A TWELVE-MONTH EXTENSION OF
CONDITIONAL USE PERMIT NO. 2006-11 A REQUEST TO EXTEND THE APPROVAL
FOR THE CONSTRUCTION OF FIVE (5) DETACHED CONDOMINIUM UNITS ON THE
PROPERTY LOCATED AT 5591-5597 SPRAGUE AVENUE IN THE RM-15
RESIDENTIAL MULTIPLE-FAMILY ZONE, Mayor Pro Tem Mills reported that he reviewed
the Conditions of Approval with the Director of Community Development, and it was
determined that Conditions 22, 23, 24(d), 24 (f-V), and 56 do not apply and, therefore,
should be removed.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Luebben, that
the City Council adopt the Resolution by title only, approving the Extension of Conditional
Use Permit No. 2006-11 (until January 8, 2009), subject to the conditions attached to the
resolution, as amended.
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
RESOLUTION NO. 6070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING A ONE YEAR EXTENSION OF CONDITIONAL
USE PERMIT NO. 2006-11 - WITH CONDITIONS.
Regarding Item No. 6: AWARD OF CONTRACT FOR THE CONSTRUCTION OF
GATEWAY MONUMENT SIGNS ON KATELLA _AVENUE, PUBLIC WORKS PROJECT
NO. 2007-21, Council Member Narain asked about the original project estimate.
The Public Works Director responded that an amount of $28,000 per monument sign was
budgeted. Bids came in at $29,000 per sign with a$1,000 difference between last year's
cost per sign and this year's cost per sign. The bids also include the demolition of one
sign.
Council Member Luebben commented on staff's efficiency in terms of project planning and
scope, along with the savings associated with such and how that is a positive reflection on
the City.
It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City
Council: 1) Award a contract for Public Works Project No. 2007-21, Construction of
Gateway Monument Signs on Katella Avenue, in the amount of $58,000, to the lowest
responsible bidder Bravo Sign and Design Inc., Anaheim, California; and 2) Authorize a
contingency of $5,800 (10% 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.
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
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CITY COUNCIL MINUTES JANUARY 28, 2008
Regarding Item No. 7: AWARD OF CONTRACT FOR THE RESIDENTIAL AND
ARTERIAL STREETS OVERLAY, PUBLIC WORKS PROJECT NO. 2007-18, Council
Member Narain asked staff about the original project estimate, and why the bids were so
low and the staff estimate was so high.
The Public Works Director replied that the project was estimated at $900,000 above the
low bid, which is approximately $3.17 million. This project was unique in that it included
both residential and arterial paving, with staff estimates determined from previous project
costs. The unused funds will be used for a future slurry seal project.
It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City
Council: 1) Award a contract for the Residential and Arterial Streets Overlay, Public Works
Project No. 2007-18, in the amount of $2,269,800, to the lowest responsible bidder All
American Asphalt, Corona, California; and 2) Authorize a contingency of $340,470 (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; and 3)
Direct Staff to advance a project for slurry sealing residential streets, as provided in
Attachments "C' and "D."
The motion was unanimously carried by the following roll call vote:
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AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
END OF CONSENT CALENDAR
ORDINANCES:
Item No. 12: ADOPTION OF AMENDED PARKWAY TREE POLICY BY RESOLUTION
AND ADOPTION OF AN ORDINANCE REPEALING CERTAIN PROVISIONS OF THE
MUNICIPAL CODE RELATING TO STREET TREES TO BE CONSISTENT WITH THE
PARKWAY TREE POLICY. ~
The Public Works Director provided background information on this item.
It was moved by Council Member Luebben and seconded by Council Member Bailey, that
the City Council: 1) Adopt the Resolution by title only, adopting the Parkway Tree Policy;
and 2) Introduce for first reading an Ordinance by title only, repealing certain provisions of
the Municipal Code relating to street trees.
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
RESOLUTION NO. 6071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADOPTING THE PARKWAY TREE POLICY.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, REPEALING CERTAIN PROVISIONS OF THE
MUNICIPAL CODE RELATING TO STREET TREES TO MAINTAIN
CONSISTENCY WITH THE COUNCIL ADOPTED
PARKWAY TREE POLICY.
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CITY COUNCIL MINUTES JANUARY 28, 2008
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.
Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming events and
activities.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Seymore requested reports from the Council Members on their respective
committee assignments.
Council Member Narain:
Attended the League of California Cities Mayors and Council Members Academy in
Sacramento. Attended a reception for Supervisor John Moorlach.
Council Member Luebben:
Attended an O.C. Sanitation District Steering Committee meeting and Board of Directors
meeting.
Council Member Bailev: ~
Attended an Anaheim Union High School District Board meeting. Hosted the Rotary Club
of Cypress' Christmas Party.
Mavor Pro Tem Mills:
Spoke regarding the 714 area code overlay start dates. Attended the Cypress School
District meeting. Attended an O.C. Vector Control meeting. Attended the Los Alamitos
Chamber of Commerce Inauguration of Officers. Attended the memorial service for La
Habra City Council Member Steve Anderson. Attended the Cypress Police Department
retirement luncheon for Pam Kelch. Attended a Cypress Chamber of Commerce Mixer.
Mayor Seymore:
Attended an O.C. Fire Authority Reserve Academy graduation. Attended the Cypress
Police Department retirement luncheon for Pam Kelch. Attended an O.C. Fire Authority
Board meeting. Spoke regarding the e-waste event held on January 26, 2008 at the
Cypress Community Center.
ITEMS FROM CITY MANAGER:
The City Manager spoke regarding Agenda Item No. 7.
Council Member Luebben, in regard to Agenda Item No. 7, asked if the rubberized asphalt
will provide a sound reduction in that area.
The Public Works Director responded that rubberized asphalt does ride a lot quieter than
normal asphalt, thus, a sound reduction in road noise is expected.
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CITY COUNCIL MINUTES JANUARY 28, 2008
The City Manager spoke regarding the free business forum on Tuesday, February 26,
2008 for discussion on green businesses and energy conservation/efficiency.
ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:01 p.m. to Monday,
February 11, 2008, beginning at 5:30 p.m. in the Executive Board Room.
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MAYOR OF THE CI OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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