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Minutes 2008-05-27 132 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD May 27, 2008 A regular meeting of the Cypress City Council was called to order at 7:00 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 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 Public Works Director Doug Dancs Captain Mark Yokoyama Recreation Superintendent Dena Diggins Assistant City Engineer Kamran Dadbeh Administrative Services Manager June Liu Recreation Supervisor Jeff Draper City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Seymore. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: Joe Grohman, Naval Golf Course, Seal Beach, made a presentation regarding golf clinics and opportunities for the physically challenged and blind at the golf course. Bill Davis, United Stated Blind Golf Association, spoke of awareness for blind and visibly challenged golfers, along with clinics that are available to the local school districts. 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. None. PUBLIC HEARINGS: 7:00 P.M. (PUBLIC COMMENTS RESTRICTED TO TEN MINUTES PER SPEAKER, UNLESS EXTENDED BY THE CITY COUNCIL). Item No. 1: PUBLIC HEARING REGARDING THE ADOPTION OF THE FISCAL YEAR 2008-09 BUDGET FOR THE CYPRESS RECREATION AND PARK DISTRICT The Director of Finance and Administrative Services provided background information on this item. The public hearing was opened. X33 CITY COUNCIL MINUTES MAY 27, 2008 Mayor Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Bailey and seconded by Council Member Luebben, that the City Council, acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the District budget as proposed for the fiscal year beginning July 1, 2008 after the conclusion of the public hearing. 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: PUBLIC HEARING AND ADOPTION OF THE 2008/2009 - 2014/2015 CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT, AND ADOPTION OF RESOLUTION ADDING TRAFFIC PROJECTS TO THE TRAFFIC IMPACT PROGRAM. The Public Works Director provided background information on this item. The public hearing was opened. Mayor Seymore asked if there was anyone who wished to speak in favor of the item. Mayor Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District: 1) Conduct a public hearing to solicit comments on the City's proposed 2008/2009 - 2014/2015 Capital Improvement Program; and 2) Upon closing the public hearing, formally adopt the City of Cypress/Cypress Recreation and Park District Capital Improvement Program for fiscal years 2008/2009 - 2014/2015; and 3) Adopt the Resolution by title only, adding traffic mitigation projects to be funded by the Citywide Traffic Impact Fees. 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. 6082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADDING THE TRAFFIC MITIGATION PROJECTS FUNDED BY THE CITYWIDE TRAFFIC IMPACT FEE. 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. It was moved by Mayor Pro Tem Mills and seconded by Mayor Seymore, to approve Consent Calendar Items No. 3 through 17. 2 134 CITY COUNCIL MINUTES MAY 27, 2008 The City Attorney stated that, for clarification, the motion made to approve the Consent Calendar Items includes the amended Resolutions for Agenda Items No. 11 and No. 17. 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. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF MAY 9 AND MAY 12, 2008. Recommendation: That the City Council approve the Minutes of the Meetings of May 9 and May 12, 2008, as submitted. Item No. 5: 2008-2009 CAPITAL IMPROVEMENT PROGRAM (CIP) GENERAL PLAN CONSISTENCY DETERMINATION. Recommendation: That the City Council: 1) Determine that the 2008-2009 Fiscal Year Capital Improvement Program is consistent with the City of Cypress General Plan 2001 Update, as required by Government Code Section 65103(c); and 2) Receive and file the staff report for the 2008-2009 Capital Improvement Program (CIP) Consistency Determination. Item No. 6: APPROVAL TO AMENDMENT TO COOPERATION AGREEMENT TO ALLOW PARTICIPATION IN THE URBAN COUNTY CDBG AND HOME PROGRAMS FOR FISCAL YEARS 2009-2011. Recommendation: That the City Council: 1) Authorize the City's continued participation in the Urban County CDBG and HOME Programs for Fiscal Years 2009-2011 through adoption of the Resolution by title only, approving the Amendment to the Cooperation Agreement with the County of Orange; and 2) Authorize the Mayor to sign the Amendment on behalf of the City of Cypress. RESOLUTION NO. 6083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS WITH THE COUNTY OF ORANGE. Item No. 7: APPROVAL OF PLANS AND SPECIFICATIONS FOR REPLACEMENT OF HVAC SYSTEMS AT CITY HALL, POLICE DEPARTMENT. AND MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2007-04. Recommendation: That the City Council approve the plans and specifications for the Replacement of HVAC Systems at City Hall, Police Department, and Maintenance Yard, Public Works Project No. 2007-04. Item No. 8: AGREEMENT TO TRANSFER PROPERTY OR FUNDS FOR 2007 HOMELAND SECURITY GRANT PROGRAM PURPOSES. Recommendation: That the City Council: 1) Approve the transfer of property, equipment, or funds provided by the State Homeland Security Grant program; and 2) Authorize the Mayor to execute the two (2) documents titled "Agreement to Transfer Property or Funds for 2007 Homeland Security Grant Program Purposes." 3 135 CITY COUNCIL MINUTES MAY 27, 2008 Item No. 9: ADOPTION OF RESOLUTION TO DESIGNATE SIGNATURE AUTHORITY FOR TERRORISM AND EMERGENCY SERVICES FUNDING. Recommendation: That the City Council: 1) Repeal Resolution No. 4908, which was approved on February 23, 1998 and is no longer valid according to the State Homeland Security Grant Program application through the United States Department of Homeland Security; and 2) Approve the Resolution by title only, designating those City officials authorized to execute applications for terrorism and emergency management assistance grant funds and all future proclaimed disasters in order to obtain financial assistance from the Federal and/or State governments. RESOLUTION NO. 6084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, TO DESIGNATE SIGNATURE AUTHORITY FOR APPLICATION OR EXECUTION OF TERRORISM AND EMERGENCY SERVICES FUNDING. Item No. 10: ADOPTION OF THE FISCAL YEAR 2008-09 BUDGET FOR THE CITY OF CYPRESS. Recommendation: That the City Council adopt the Resolution by title only, approving the City's annual budget for the fiscal year beginning July 1, 2008. RESOLUTION NO. 6085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND FIXING THE LIMITATIONS OF EXPENDITURES FOR THE SEVERAL FUNDS AND THE FUNCTIONS, DEPARTMENTS, AND ACTIVITIES CARRIED ON UNDER SUCH FUNDS. Item No. 11: ADOPTION OF RESOLUTION ESTABLISHING THE CITY OF CYPRESS' FISCAL YEAR 2008-09 APPROPRIATION LIMIT. Recommendation: That the City Council adopt the Resolution by title only, establishing the City's Fiscal Year 2008-09 appropriation limit, as amended. RESOLUTION NO. 6086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ESTABLISHING THE CITY'S APPROPRIATIONS LIMIT FOR THE 2008-09 FISCAL YEAR. Item No. 12: ADOPTION OF ANNUAL STATEMENT OF INVESTMENT POLICY. Recommendation: That the City Council, and acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, regarding the adoption of the Annual Statement of Investment Policy. RESOLUTION NO. 6087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, ADOPTING THE ANNUAL STATEMENT OF INVESTMENT POLICY. Item No. 13: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF APRIL 2008. Recommendation: That the City Council receive and file the Investment Report for the month of April, 2008. 4 16 CITY COUNCIL MINUTES MAY 27, 2008 Item No. 14: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85468 THROUGH 85471 AND WARRANTS NO. 86162 THROUGH 86345. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. Recreation and Park District Matters: Item No. 15: AWARD OF CONTRACT FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT IN VARIOUS PARKS. PUBLIC WORKS PROJECT NO. 2008-01. Recommendation: That the City Council, acting as ex-officio Governing Board of Directors for the Cypress Recreation and Park District: 1) Find that the U.S. Communities Master Intergovernmental Purchasing Agreement satisfies the City's bid process, and award a contract to Landscape Structures for the purchase of playground/exercise equipment, through the U.S. Communities Intergovernmental Purchasing Agreement, in the amount of $213,453.37; and 2) Award a contract for the Installation of Playground Equipment in Various Parks, in the amount of $154,612, to the lowest responsible bidder Hondo Company, Inc., Santa Ana, California; and 3) Authorize a contingency of $15,461 (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. Item No. 16: APPROVAL OF SENIOR CITIZENS NUTRITION PROGRAM AMENDMENT NO. 12 TO AGREEMENT NO. C-8-0189 WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR ONE YEAR, JULY 1, 2008 THROUGH JUNE 30, 2009. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District, approve Amendment No. 12 to Agreement No. C-8-0189 with the Orange County Transportation Authority extending the term of the Agreement for one year, July 1, 2008 to June 30, 2009, with no changes to the cost per passenger trip or to the terms and conditions of the Agreement. Item No. 17: ADOPTION OF RESOLUTION ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S FISCAL YEAR 2008-09 APPROPRIATION LIMIT. Recommendation: That the City Council, acting as the ex-officio Board of Directors of the Cypress Recreation and Park District, adopt the Resolution by title only, establishing the District's Fiscal Year 2008-09 appropriation limit, as amended. RESOLUTION NO. 6088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, EX-OFFICIO GOVERNING BOARD OF DIRECTORS OF THE CYPRESS .RECREATION AND PARK DISTRICT, A SUBSIDIARY DISTRICT OF THE CITY OF CYPRESS, ESTABLISHING THE CYPRESS RECREATION AND PARK DISTRICT'S APPROPRIATIONS LIMIT FOR THE 2008-09 FISCAL YEAR. END OF CONSENT CALENDAR ORDINANCES No items. NEW BUSINESS: No items. 5 137 CITY COUNCIL MINUTES MAY 27, 2008 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 Board Member Luebben and seconded by Agency Board Member Narain, that the Redevelopment Agency 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 Consent Calendar: Item No. 18: ADOPTION OF THE FISCAL YEAR 2008-09 BUDGET FOR THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the Cypress Redevelopment Agency adopt the Agency's annual budget as proposed for the fiscal year beginning July 1, 2008. END OF CONSENT CALENDAR ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Mayor Seymore: Attended the Cypress Police Citizen's Academy graduation. Attended a Drug Abuse Resistance Education (DARE) graduation. Attended an Eagle Court ceremony for six Cypress scouts. Attended a recognition ceremony at the Joint Forces Training Base. Attended a welcome home event for approximately 650 soldiers from Iraq. Attended a WestComm Board meeting. Participated in the City Commissioner interview process. Attended an O.C. Fire Authority Executive Committee and Board meeting. Attended and read the Presidential Proclamation at Forest Lawn of Cypress' Memorial Day celebration. Council Member Narain: Attended an O.C. Library Advisory Board meeting. Attended the Cypress Police Citizen's Academy graduation. Attended Forest Lawn of Cypress' Memorial Day celebration. Council Member Luebben: Attended the Cypress Police Citizen's Academy graduation. Attended two O.C. Sanitation District meetings. Attended youth swim meets in Anaheim Hills. Participated in the City Commissioner interview process. Attended the open house at Vessels Elementary School. Council Member Bailey: Attended a Boys & Girls Club of Cypress Board of Directors meeting. Thanked the Cypress High School Football Team and the Rotary Club of Cypress for participating in the Challenger Baseball League's closing ceremonies. Thanked Mayor Pro Tem for bringing attention to the golf clinics for the physically challenged and blind. 6 8 CITY COUNCIL MINUTES MAY 27, 2008 Mayor Pro Tem Mills: Attended the O.C. Housing Summit. Attended the Cypress Police Citizen's Academy graduation. Attended a Drug Abuse Resistance Education (DARE) graduation. Attended the opening ceremonies for Major General Paul Mock. Participated in the City Commissioner interview process. Attended an OCCOG Board of Directors meeting. Attended the Cypress Chamber of Commerce mixer. Attended a welcome home event at the Joint Forces Training Base for returning troops from Iraq. Attended Forest Lawn of Cypress' Memorial Day celebration. Attended a Regional Military Affairs Committee meeting. Council Member Luebben commended Council Member Bailey on his work with disabled youth. ORAL COMMUNICATIONS: For Matters Not on fhe Agenda. None. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:29 p.m. to Monday, June 9, 2008, beginning at 5:30 p.m. in the Executive Board Room. UV MAYOR OF THE CIT F CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS