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Minutes 2008-03-10 $7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD March 10, 2008 A regular meeting of the Cypress City Council was called to order at 5:30 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 Doug 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 Doug Dancs Recreation and Community Services Director Laura Detweiler Police Captain Mark Yokoyama Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Redevelopment Project Manager Steve Clarke Associate Planner Kori Nevarez Administrative Services Manager June Liu City Clerk Denise Basham ORAL COMMUNICATIONS: The following spoke regarding the inclusion of manufactured housing in the City's housing element: Samii Taylor, Cypress David Traslavina, Cypress Pamela Franzen, Cypress WORKSHOP SESSION: The Community Development Director introduced Karen Warner and Beth Stockl, of Karen Warner Associates. Ms. Warner informed of the major components of the Housing Element including housing needs assessment; evaluation of constraints to housing; evaluation of potential residential sites; and 5 year program strategy to address needs. Ms. Stockl spoke of housing growth and needs in the City of Cypress, with a steady growth in population within the last 20 years. Council Member Bailey asked how the fluctuation of the City's population might affect housing needs. Ms. Warner responded that there would not be any relief for the 2008-2014 Housing Element should the City's population decrease. However, the population would be taken into consideration when the Housing Element is due for reevaluation in 2015. Ms. Stockl reported that the City's ownership/renter percentages were relatively stable between 1999 and 2000, with a slight shift in the median age of ownership. She further reviewed a map depicting Percent Renter-Occupied Housing Units. 8~ CITY COUNCIL MINUTES MARCH 10, 2008 Council Member Bailey asked about data on homeownership and the impacts to the City of Cypress' housing stock. Ms. Stockl responded that she does not have such information readily available. However, there are some websites that could provide that information. The Associate Planner spoke of site availability and potential sites to rezone at 30 units per acre. Mayor Seymore asked for clarification on the rezoning of units and if the rezoning is State mandated. The Associate Planner responded that the rezoning of units is State mandated. Council Member Luebben asked about designation of student housing on a portion of the Cypress College parking lot. Ms. Stockl commented that student housing must be designated as units not dorms, and cannot be group housing. The Associate Planner spoke of the SB2 requirements pertaining to emergency shelter zoning for both temporary and permanent sites, and displayed acolor-coded map depicting staff's recommended site designations. Council Member Mills asked about cities that may be completely built out. Ms. Warner commented on the challenges local cities have had in accommodating the State's requirements. Council Member Luebben asked about the penalties for non-compliance. Ms. Warner responded that the major concern would be litigation and a settlement agreement. The City Attorney reported that the Cypress 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; Party Negotiating With: Hopkins Real Estate Group; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. 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 Clerk. At 6:20 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 Doug 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 2 89 CITY COUNCIL MINUTES MARCH 10, 2008 Chief of Police Rick Hicks Public Works Director Doug 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 Camp Fire USA. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Mayor Seymore presented a proclamation to Kathleen and Craig Hostert of the 2008 Donate Life Run/Walk Committee proclaiming the Month of April 2008 as "DMV/Donate Life California Month" in the City of Cypress. 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 workshop was held on the City's General Plan Housing Element which included a report on affordable housing and emergency shelter site locations. A public hearing vwll be scheduled in the near future. 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 241-091-22, 23, 24, 25 and 26; Consisting of Approximately 13.329 Acres North of Katella Avenue Between Winners Circle and Siboney Street; Party Negotiating With: Hopkins Real Estate Group; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Terms of Payment. The City Attorney stated that the Deputy Executive Director of the Agency provided a privileged and confidential status report on ongoing negotiations for the acquisition and disposition of such property. 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 Clerk. The City Attorney stated the City Clerk's Performance Evaluation was concluded. No other action was taken in Closed Session, nor was any solicited. ORAL COMMUNICATIONS: LIMITED TO ONE-HALF HOUR. (THREE MINUTES PER SPEAKER, SPEAKING ONCE.) Mayor Seymore asked anyone who wished to speak on any topic not included on the meeting Agenda to come forward. Darlene Allen and Ann Young, Cypress Pops Orchestra, spoke regarding upcoming events and concerts and the Cypress Pops Orchestra's website. Arline Burgmeier, League of Women Voters of North Orange County, spoke regarding the US Conference of Mayor's Climate Protection Agreement. Howard Cromer, Cypress, spoke regarding residential burglaries in his neighborhood. 3 90 CITY COUNCIL MINUTES MARCH 10, 2008 The following spoke regarding Lincoln Center Mobile Home Park: Michelle Bayh, Cypress Fred Wagner, Cypress Patricia Erwin, Cypress David Traslavina, Cypress Larry Druyon, Cypress Teri Adams, Cypress Tina Gutierrez, Buena Park Rose Nair, Quiznos owner, spoke regarding impacts of street construction on Valley View Street and City banner requirements on her business. Matthew Choi, Cypress, spoke in support of Ms. Nair and City banner requirements. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES 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 Luebben requested Item No. 5 be pulled from the Consent Calendar. It was moved by Council Member Luebben and seconded by Mayor Pro Tem Mills, to approve Consent Calendar Items No. 1 through 4 and 6 through 8. 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: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 2: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF FEBRUARY 25, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of February 25, 2008, as submitted. Item No. 3: PROCLAIMING THE MONTH OF APRIL 2008 AS "DMV/DONATE LIFE CALIFORNIA MONTH" IN THE CITY OF CYPRESS. Recommendation: That the Mayor and City Council officially proclaim the month of April 2008 as "DMV/Donate Life California Month" in the City of Cypress. Item No. 4: QUARTERLY REPORT CONCERNING THE CITY'S BUSINESS RETENTION, ATTRACTION, CREATION AND EXPANSION PROGRAM ACTIVITIES. Recommendation: That the City Council receive and file. Item No. 6: AWARD OF CONTRACT FOR LEMON/LIME NEIGHBORHOOD STREET AND ALLEY IMPROVEMENTS. PUBLIC WORKS PROJECT NO. 2007-16. Recommendation: That the City Council: 1) Award a contract for Lemon/Lime Neighborhood Street and Alley Improvements, Public Works Project No. 2007-16, in the amount of $164,797.90 to the lowest responsible bidder Silvia Construction, Inc., 4 91 CITY COUNCIL MINUTES MARCH 10, 2008 Rancho Cucamonga, California; and 2) Authorize a contingency of $24,720 (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. 7: ADOPTION OF RESOLUTION REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY TO INCLUDE VARIOUS STREET AND SIGNAL PROJECTS WITHIN THE ORANGE COUNTY TRANSPORTATION FUNDING PROGRAM. Recommendation: That the City Council adopt the Resolution by title only, approving submittal of various street and traffic signal improvement projects to the Orange County Transportation Authority (OCTA) for funding under the Combined Transportation Funding Program (CTFP). RESOLUTION NO. 6073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING THE SUBMITTAL OF VARIOUS STREET AND SIGNAL IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85057 THROUGH 85274. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Regarding Item No. 5: APPROVAL OF TEMPORARY EMPLOYMENT ~ AGREEMENT FOR POLICE CHIEF SERVICES BETWEEN THE CITY OF CYPRESS AND RICKY ALLEN HICKS, Council Member Luebben asked for additional information on this item. The Director of Finance and Administrative Services stated that effective March 16, 2008, Chief Hicks will be retiring. During the interim, it is proposed that a temporary contract with Chief Hicks be established in order to continue his services on a part-time basis until June 30, 2008. The temporary contract is for a period of 320 hours with the ability of expanding that term to 960 hours, if necessary, with services rendered at an hourly rate of $107+ plus medical benefits. Council Member Luebben congratulated Chief Hicks on his service to the City of Cypress. He reviewed the Police Chief Contract Analysis, as attached to the Temporary Employment Agreement, noting the possibility of the cost of contract being extended a triple amount. Council Member Luebben asked about the medical allowance and if that cost would be paid by the City. The Director of Finance and Administrative Services responded that as a temporary/part-time employee the City would continue to pay the Chief's medical allowances. Council Member Luebben commented that he is comfortable with the temporary contract and the City's intent of such. However, he expressed concern with the approximate $108 hourly rate and the funding of the Chief's retirement. The Director of Finance and Administrative Services replied that once the Chief of Police retires, the City would no longer contribute to his Public Employees' Retirement System (PERS) fund. Council Member Luebben asked about the rationale for the Chief's temporary contract hourly rate, given the pension funding ceasing to exist. The Director of Finance and Administrative Services commented that the Chief's temporary contract hourly rate includes the total compensation currently paid. 5 !i J CITY COUNCIL MINUTES MARCH 10, 2008 Mayor Seymore commented that the Chief of Police has done an excellent job and the temporary contract reflects a net salary savings of approximately $37,000 to the City for his services for the time allotted. Council Member Bailey asked the Director of Finance and Administrative Services to explain the net salary savings of $37,000. The Director of Finance and Administrative Services commented that the net salary savings is due to the base salary amount budgeted through the remainder of this fiscal year as compared to the contract amount. Council Member Luebben asked about the salary savings should the Chief of Police retire and the City not enter into a temporary contract with him. The Director of Finance and Administrative Services responded that the City would be saving approximately $100,000. Council Member Narain asked about the recruitment for the Police Chief. The City Manager assured that the contracted 320 hours will not be surpassed, unless there are unforeseeable circumstances. He stated that retaining the Police Chief on a contract basis would provide a good transition. Council Member Luebben asked what the salary range would be for the new full-time Police Chief. The Director of Finance and Administrative Service replied that the Police Chief's salary range is $140,000 - $160,000 per year. Mayor Pro Tem Mills stated that Chief Hicks is doing the City a favor and he agrees with the amount that the City Manager has proposed, which will allow the City to provide continuity at the same high-quality and experience level that Chief Hicks offers. It was moved by Mayor Seymore and seconded by Mayor Pro Tem Mills, that the City Council approve the Temporary Employment Agreement for Police Chief Services Between the City of Cypress and Ricky Allen Hicks. The motion was carried by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Narain, Mills and Seymore NOES: 1 COUNCIL MEMBERS: Luebben 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. CYPRESS REDEVELOPMENT AGENCY MATTERS: The Cypress City Council, Acting as the Cypress Redevelopment Agency. No items. 6 9 CITY COUNCIL MINUTES MARCH 10, 2008 ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an O.C. Sanitation District meeting. Attend a recent performance by the Cypress Civic Theatre Guild. Requested consideration for the renaming of a City park after Tiger Woods. Council Member Bailey: Stated that comments from Lincoln Center Mobile Home Park residents will be given due consideration and discussed Proposition 98 on the June 2008 ballot that could affect rent control. Manor Pro Tem Mills: Attended the O.C. Education Summit 2008. Attended the Cypress College Americana Awards ceremony. Attended the State of the County. Attended a Regional Leadership Academy at USC. Mayor Seymore: Attended a BRACE meeting where going green was discussed. Attended an O.C. Fire Authority Board meeting. Attended the Cypress Pony Baseball League opening night ceremony. Attended the Relay for Life kickoff event. Attended the Cypress College Americana Awards ceremony. Welcomed home 100 soldiers from Iraq at the Joint Forces Training Base. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Mary Crowder, Cypress, spoke regarding the retirement of the Police Chief. Samii Taylor, Cypress, spoke regarding the Lincoln Center Mobile Home Park. Evelyne Williams, Cypress, spoke regarding the Lincoln Center Mobile Home Park. ITEMS FROM CITY MANAGER: No items. Council Member Luebben asked about agendizing mobile home issues. The City Manager stated that the City Council may agendize an item for general discussion on mobile home rent control. Staff is in the process of further researching this matter and it would be in Council's best interest to review that information prior to agendizing the matter. Council Member Bailey commented on the importance of Proposition 98 and the impact it will have on homeowners. ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:36 p.m. to Monday, March 24, 2008, beginning at 5:30 p.m. in the Executive Board Room. vV MAYOR OF THE CITY F CYPRESS ATTEST: f ~ ' E~~~ ~~c~~r~~l/1 CITY CLERK OF THE CITY OF CYPRESS