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Minutes 2008-05-12 1~4 MINUTES OF A REGULAR MEETING OF THE CYPRESS .CITY COUNCIL HELD May 12, 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 Police Captain Mike Idom Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Public Works Superintendent Bobby Blackburn Administrative Services Manager June Liu Human Resources Manager Cathy Thompson City Clerk Denise Basham Police Officer Greg Faessel ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that City Council will be provided with an overview of the proposed Fiscal Year 2008-09 Annual Budget. The Assistant City Manager/Director of Finance and Administrative Services provided a presentation for the City of Cypress Proposed Fiscal Year 2008-09 Annual Budget, anticipating the adoption at the next regular City Council meeting of May 27, 2008, for implementation on July 1, 2008. The Assistant City Manager/Director of Finance & Administrative Services reported that all departments were requested to reduce their budgets by 1.5% in view of economy and uncertainties, and long term financial stability. The proposed Fiscal Year 2008-09 budget is $86,351,263, and includes the City, Recreation and Park District, and Redevelopment Agency budgets; the proposed City budget is $43,142,355. The Assistant City Manager/Director of Finance & Administrative Services further informed that the General Fund revenues/sources for Fiscal Year 2008-09 is projected to be $32.7 million. Council Member Luebben asked about Personnel labor costs and the percentage that is being charged to Capital Projects. The Assistant City Manager/Director of Finance & Administrative Services responded that $700,000 from the $17 million Personnel costs is being charged to Capital Projects. 1~5 CITY COUNCIL MINUTES MAY 12, 2008 Council Member Narain asked about the specifics to the 1.5% budget reductions, and if that was an actual reduction or merely a shift of funds and how much does that reduction represent. The Assistant City Manager/Director of Finance & Administrative Services stated that the proposed budget does reflect an actual reduction of funds, along with a reduction of funds in operational growth to allow for an increase in Capital Projects. The 1.5% budget reduction equates to approximately $1.9 million. The Assistant City Manager/Director of Finance & Administrative Services reviewed the revenue impacts which include slower development growth, 1 % sales tax receipt growth from the previous budget, no property tax growth, and City investment earnings. The revenue impacts, however, do not include State budget takeaways. Mayor Pro Tem Mills asked about the General Fund revenues/expenditures report and the availability of the current reports. The Assistant City Manager/Director of Finance & Administrative Services stated that the Capital Improvement Program incorporates General Fund support of infrastructure maintenance and a $6 million loan to the Sewer Fund. The Assistant City Manager/Director of Finance & Administrative Services provided an overview of the Cypress Recreation and Park District's budget for Fiscal Year 2008-09 with estimated revenues/sources of $4,467,996 and proposed expenditures of $4,141,759. The Park District budget changes include the elimination of one Custodian position and the installation of bleachers at Oak Knoll Park. The Assistant City Manager/Director of Finance & Administrative Services presented an overview of the Cypress Redevelopment Agency's budget for Fiscal Year 2008-09 which reflects the proposed expenditures/uses of $39,067,149. In conclusion, the Assistant City Manager/Director of Finance & Administrative Services presented the City Council with a balanced budget that is consistent with the City's goals. The City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel -Existing Litigation, pursuant to Government Code Section 54956.9(a), Blythe v. North Orange County Community College District, et al.; Case Number 00103466, Orange County Superior Court. At 6:30 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 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 2 126 CITY COUNCIL MINUTES MAY 12, 2008 Public Works Superintendent Bobby Blackburn 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: The Mayor presented the Cypress Region 154 AYSO Girls Under 10 All Star Team with a certificate in recognition of winning the California State Championship. The Chief of Police introduced new Police Officers Rafael Taveras and Matthew Ward, and the Mayor presented the officers with City lapel pins. 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 the City Council held a workshop for discussion of the Fiscal Year 2008-09 Annual Budget. Council had an opportunity to receive a presentation from staff on the annual budget, the operating budget, the Cypress Recreation and Park District budget, and the Cypress Redevelopment Agency budget. The next step in the process is to prepare for a public hearing for adoption of the budget on May 27, 2008. 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 Legal Counsel -Existing Litigation, pursuant to Government Code Section 54956.9(a), Blythe v. North Orange County Community College District, et al., Case Number 00103466 Orange County Superior Court. The City Attorney stated that he provided a privileged and confidential status report and made litigation strategy recommendations to the City Council. The City Council unanimously authorized the City Attorney to pursue the litigation strategy as recommended. 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. Anne Hertz, Boys & Girls Club of Cypress, thanked the City Council for the current rehabilitation of the facility. 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 commented on the change to Agenda Item No. 5 and stated that he approves the item. 3 _ . 127 CITY COUNCIL MINUTES MAY 12, 2008 Council Member Bailey requested Agenda Item No. 4 be pulled from the Consent Calendar. It was moved by Mayor Seymore and seconded by Mayor Pro Tem Mills, to approve Consent Calendar Items No. 1 through 3 and 5 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: SECOND READING OF AN ORDINANCE ADOPTING SPECIFIC PLAN AMENDMENT NO. 2007-01. A REQUEST TO AMEND THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN REQUIREMENTS RELATED TO LANDSCAPING AND BUILDING SETBACKS INCLUDING THE DISTANCE OF LOADING AREAS FROM PROPERTY LINES. THE MAXIMUM ALLOWABLE AREA FOR WALL SIGNS, AND LANDSCAPE DESIGN GUIDELINES. Recommendation: That the City Council adopt the Ordinance by title only, adopting Specific Plan Amendment No. 2007-01. ORDINANCE NO. 1100 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING AN AMENDMENT TO SECTIONS V.E.1.A., V.E.1.B, V.E.4.B.1, VII.C.2.A., AND EXHIBITS 10 AND 14 OF THE CYPRESS BUSINESS & PROFESSIONAL CENTER SPECIFIC PLAN, AMENDING BUILDING AND LOADING AREA SETBACKS, SIGNAGE AND LANDSCAPE CRITERIA, RESPECTIVELY. Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF APRIL 28, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of April 28, 2008, as submitted. Item No. 5: REQUEST FOR STREET NAME CHANGES FOR STREETS ACCESSING CYPRESS COLLEGE CAMPUS. Recommendation: That the City Council approve the request for the street name changes for the streets accessing the Cypress College campus. Item No. 6: ACCEPTANCE OF CONSTRUCTION OF GATEWAY MONUMENT SIGNS ON KATELLA AVENUE. PUBLIC WORKS PROJECT NO.2007-21 Recommendation: That the City Council: 1) Accept the Construction of Gateway Monument Signs on Katella Avenue, Public Works Project No. 2007-21, as being satisfactorily completed in conformance with the project specifications, in the final amount of $58,000; and 2) Approve the final retention payment of $5,800 to Bravo Sign & Design, Inc., Anaheim, California, thirty-five (35) days after Notice of Completion is filed, if no claims or objections have been filed; and 3) Authorize the City Clerk to release the Labor and Materials Bond and the Faithful Performance Bond upon expiration of the required lien period, if no claims or objections have been filed, upon concurrence of the Director of Public Works. 4 2 8 CITY COUNCIL MINUTES MAY 12, 2008 Item No. 7: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ON- CALL CONSTRUCTION MANAGEMENT/INSPECTION/ENGINEERING SERVICES. Recommendation: That the City Council award a Professional Services Agreement for On-Call Construction Management/Inspection/Engineering Services to Jacobs Field Services North America, Inc., 5757 Plaza Drive, Suite 100, Cypress, California 90630 and direct the Director of Public Works/City Engineer to act as Contract Officer. Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85466 THROUGH 85467 AND WARRANTS NO. 85958 THROUGH 86160. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Regarding Item No. 4: CONSIDERATION OF OPPOSITION TO PROPOSED INCREASES TO THE FEDERAL LIMITATIONS ON THE MAXIMUM SIZE AND WEIGHT OF TRUCKS ALLOWED ON U.S. INTERSTATE HIGHWAYS, Council Member Bailey asked for additional information on this item. The Administrative Services Manager stated that the Federal Bill proposes to increase vehicle size and weight limits on California interstates from 80,000 pounds to 97,000 pounds. Opposition to the Bill is being sought because there is a tremendous amount of stress and strain on the infrastructure. A letter of opposition to Senators Barbara Boxer and Dianne Feinstein, as well as to Congressman Ed Royce, has been prepared for the Mayor's signature. Council Member Bailey commented that the Federal Bill in its entirety provides valuable exemptions. Council Member Luebben asked about the higher collision rate for longer combination vehicles (LCV), asking about studies that support such statistics and allowances by neighboring States. The Administrative Services Manager stated that she does not have statistical information readily available, however, she will obtain the information for City Council at a future time. Council Member Narain asked about the statement in regard to heavy trucks not paying their share of costs for repairs and maintenance to roads and bridges, and how that amount is determined. He also asked what the direct impact, if any, it has to the City of Cypress. The Administrative Services Manager responded that, currently, there is a gas tax proportionate to the amount of gas used, however, it is not comparable to the fair share that an every day driver would have on particular interstates. The direct impact to the City of Cypress would be minimal. Mayor Seymore asked about the effects on City streets by the heavier vehicles. The Public Works Director stated that heavier truck traffic will put an increased load on the streets. Council Member Bailey stated that an increase to the gross vehicle weight to 97,000 pounds and the allowance of three-trailer tandem vehicles would be primarily beneficial to the southern states where long haul trucking is more predominant. The Public Works Director stated that this is a regional issue with regard to long haul trucking and transportation on the street. Council Member Narain asked about energy consumption with large trucks, taking into consideration the high gas prices. 5 129 CITY COUNCIL MINUTES MAY 12, 2008 The Administrative Services Manager commented that there is potential for efficiencies by way of speed, but she does not know costs. It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that the City Council formally oppose any proposed increases to the federal limitations on the maximum size and weight of trucks that are allowed on U.S. interstate highways, and authorize the Mayor to send a letter of opposition to Senators Barbara Boxer and Dianne Feinstein, as well as to Congressman Ed Royce, 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 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. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Council Member Luebben: Attended an orientation meeting for the Southern California Association of Governments Regional Energy & Environmental Committee. Attended Lexington Junior High School's open house. Participated in the City Council team building session. Attended an Eagle Scout Court of Honor ceremony. Attended the Cypress Police Officers Association Awards Banquet. Attended a Youth Long Course swim meet at Santa Margarita Catholic High School. Congratulated the Cypress College Women's Softball team for an undefeated season. Council Member Narain: Attended the American Cancer Society Relay for Life kick-off event. Attended the unveiling of the "American Pride" art sculpture. Attended the Friends of Cypress Cultural Arts, Inc. Scholarship Awards performance. Attended a reception in Huntington Beach, at the invitation of Assemblyman Jim Silva. Participated in the Cypress Chamber of Commerce golf tournament. Participated in the City Council team building session. Attended the Cypress Police Officers Association Awards Banquet. Council Member Bailey: Attended the unveiling of the "American Pride" art sculpture. Participated in the City Council team building session. Announced that the closing day ceremonies for the Challenger Baseball League will be on May 17tH 6 CITY COUNCIL MINUTES MAY 12, 2008 Pro Tem Mills: Participated in the Orange County/Los Angeles Inter-County transportation study in Los Alamitos. Attended the Southern California Association of Governments General Assembly business session in Ontario. Mayor Seymore: Attended the DARE graduation for King Elementary School. Emceed the "American Pride" art sculpture dedication. Participated in the Tip-A-Cop Special Olympics fundraiser. Emceed the Festival of the Arts awards program. Attended the Cypress Chamber of Commerce golf tournament. Attended the Orange County League of California Cities meeting. Participated in the City Council team building session. Attended the Cypress Police Officers Awards Banquet. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. ITEMS FROM CITY MANAGER: The City Manager commented on the allocation of funds related to the Orange County Transportation Authority Environmental Allocation Committee. Stated that there is a proposal from the Legislative Analyst's Office in regard to probation funding. ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:46 p.m. to a Special Meeting on Tuesday, May 20, 2008, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CIT OF CYPRESS ATTEST: ~~.~-P~~1 CITY CLERK OF THE CITY OF CYPRESS 7