Minutes 2008-06-09 i~~
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
June 9, 2008
A regular meeting of the Cypress City Council was called to order at 5:32 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
Agency Counsel Dan Slater
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
Administrative Services Manager June Liu
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The City Manager stated that the City Council would be provided with an overview of
Redevelopment Housing Law by Agency Counsel Slater.
Agency Counsel Slater provided an overview of key legal requirements for
redevelopment affordable housing.
Mayor Pro Tem Mills asked for clarification on the definitions of physical blight and
economic blight.
Agency Counsel Slater responded that blight is a legal term defined in the community
redevelopment law and that blight is required in order to adopt a redevelopment plan.
Once the plan is adopted, blight is then conclusively presumed to exist in the project
area. The physical blight and economic blight definitions, as outlined on the Key
Redevelopment Affordable Housing Provisions, are specifically related to housing, as
there are other definitions of blight that exist in the redevelopment law that relate to
other factors such as commercial blight, excessive bars, and dilapidated buildings.
Agency Council Slater further reported that the Redevelopment Agency receives tax
increments and 20% of the gross tax increment must be set aside in a low to moderate
income housing fund to be used for affordable housing. He reviewed the definitions
and guidelines for affordable housing and income categories related to such.
Council Member Luebben asked how often the State affordable housing income limits
are adjusted.
140
CITY COUNCIL MINUTES JUNE 9, 2008
Agency Council Slater responded that the affordable housing income limits are adjusted
once a year.
Council Member Luebben spoke of a recent newspaper article regarding a local City's
approval for an affordable housing project and the impact that would have on current
tenants based on income levels.
Agency Council Slater spoke of income eligibility requirements and the impact new
projects may have on current tenants and their possible relocation due to the new
income eligibility requirements of the projects.
Agency Council Slater informed of maximum affordable housing costs, stating that
generally a household cannot spend more than 30% of their income on household
costs which include mortgage, rent, and/or taxes.
Council Member Luebben asked for clarification on the Community Redevelopment
Law's definition of income and the factors considered.
Agency Counsel Slater spoke of the three fundamental redevelopment affordable
housing-related requirements which are: (1) Low and Moderate Income Housing Fund;
(2) Replacement Housing; and (3) Inclusionary Housing.
Council Member Bailey asked about capital gain if the property is sold.
The Redevelopment Project Manager stated that most of the City's low income
covenants require that the property be sold to other qualifying low income tenants.
Council Member Narain asked about the requirement that the Redevelopment Agency
must set aside at least 20% of the gross tax increment it is allotted.
Agency Counsel Slater spoke of the guidelines and obligations related to replacement
housing and inclusionary housing.
Council Member Luebben asked about low income housing for seniors.
Agency Counsel Slater stated that there are low income and age restrictions on senior
housing, whereby there cannot be more senior housing than the proportionate based
on demographics.
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.
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), Melim v. City of Cypress, Case Number 00106493, Orange
County Superior Court.
At 6:04 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
2
I
141
CITY COUNCIL MINUTES JUNE 9, 2008
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
Administrative Services Manager June Liu
Management Analyst Alisha Farnell
' Senior Civil Engineer Alvin Papa
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 Public Works Director made a presentation on the Capital Improvement Program
Pavement Condition.
Mayor Seymore stated that these improvements bring the City of Cypress into the
County's top tier for street condition ratings.
Council Member Luebben complimented the Public Works Director and staff for the
continual maintenance of the City streets, further commenting on needed maintenance
of manhole covers. He commented on the possibility of telecommunication firms' future ~
impact on the street improvements.
Council Member Narain congratulated the Public Works Director and the Public Works
Department on the wonderful job with the street improvements. He then asked about
the slurry seal process and tire marks left from that process.
The Public Works Director informed of the slurry seal process, commenting that there
are some vehicle markings that eventually smooth out without affecting the protective
nature of the coating.
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 was briefed on redevelopment housing
law, including discussion on redevelopment set-aside funds, affordable housing, and
inclusionary housing.
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
a privileged and confidential litigation strategy briefing was provided to the City Council.
No reportable action was taken.
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), Melim v. City of Cypress, Case Number 00106493, Orange County
3
X42
CITY COUNCIL MINUTES JUNE 9, 2008
Superior Court. The City Attorney stated that a privileged and litigation confidential
strategy briefing was provided to the City Council. No reportable action was taken.
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.
Tami Bui, Southern California Edison, spoke regarding Agenda Item No. 6.
Gonzalo Reyes, Cypress, spoke regarding Lincoln Center Mobile Home Park and
Proposition 98.
Violet Chapman, Cypress, spoke regarding Lincoln Center Mobile Home Park.
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 Bailey requested Agenda Item No. 6 be pulled from the Consent
Calendar.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Narain, to
approve Consent Calendar Items No. 1 through 5 and 7 through 9.
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 MEETINGS OF MAY
20 AND MAY 27. 2008.
Recommendation: That the City Council approve the Minutes of the Meetings of May
20 and May 27, 2008, as submitted.
Item No. 3: DESIGN REVIEW COMMITTEE PERMIT NO. 2008-01. A REQUEST BY
THE CYPRESS CIVIC THEATRE GUILD TO DONATE A PUBLIC ART PIECE
(BUTTERFLY) TO BE LOCATED AT 9031 GRINDLAY STREET IN THE PS PUBLIC
AND SEMI-PUBLIC ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2008-01, with conditions.
RESOLUTION NO. 6089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-01
-WITH CONDITIONS.
4
143
CITY COUNCIL MINUTES JUNE 9, 2008
Item No. 4: ACCEPTANCE OF 2007/08 RESIDENTIAL AND ARTERIAL STREETS
SLURRY SEAL, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 1. PUBLIC
WORKS PROJECT NO. 2007-13.
Recommendation: That the City Council: 1) Approve Contract Change Order No. 1 to
American Asphalt South, Inc., Fontana, California, in the amount of $63,437.73; and 2)
Accept the 2007/08 Residential and Arterial Streets Slurry Seal, Public Works Project
No. 2007-13, as being satisfactorily completed in conformance with the project
specifications, in the final amount of $975,972.73; and 3) Approve the final retention
payment of $97,597.27 to American Asphalt South, Inc., Fontana, California; and 4)
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.
Item No. 5: ADOPTION OF A RESOLUTION APPROVING THE ANNUAL
ANTICIPATED DISADVANTAGED BUSINESS ENTERPRISES (DBE)
PARTICIPATION LEVEL (AADPL) FOR FEDERAL FISCAL YEAR 2008/09.
Recommendation: That the City Council: 1) Establish the City's Annual Anticipated
Disadvantaged Business Enterprises (DBE) Participation Level (AADPL) to be 3.0
percent for Federal Fiscal Year (FFY) 2008/09 (covering the period October 1, 2008
through September 30, 2009); and 2) Authorize the Director of Public Works/City
Engineer to act on behalf of the City to execute documentation and methodology
required for submission to the California Department of Transportation, hereinafter
referred to as "Caltrans," to meet funding authority requirements; and 3) Adopt the
Resolution by title only, approving the Annual Anticipated Disadvantaged Business
Enterprises (DBE) Participation Level (AADPL) for Federal Fiscal Year 2008/09.
RESOLUTION NO. 6090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE ANNUAL ANTICIPATED DISADVANTAGED
BUSINESS ENTERPRISES (DBE) PARTICIPATION LEVEL (AADPL)
OF 3 PERCENT FOR FEDERAL FISCAL YEAR (FFY) 2008/09.
Item No. 7: CAPITAL IMPROVEMENT PROGRAM PAVEMENT CONDITION
UPDATE AND COMPLETED PROJECTS FOR FISCAL YEAR 2007/08.
Recommendation: That the City Council receive and file the report.
Item No. 8: ADOPTION OF A RESOLUTION AMENDING BENEFITS FOR
EXECUTIVE MANAGEMENT AND MID-MANAGEMENT EMPLOYEES.
Recommendation: That the City Council, and acting as the ex-officio governing Board of
Directors of the Cypress Recreation and Park District, adopt the Resolution by title only,
amending Resolution No. 5131 establishing benefits for Executive Management and Mid-
Management employees.
RESOLUTION NO. 6091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF THE
CYPRESS RECREATION AND PARK DISTRICT, A SUBSIDIARY
DISTRICT OF THE CITY OF CYPRESS, AMENDING RESOLUTION
NO.5131 ESTABLISHING BENEFITS FOR MANAGEMENT EMPLOYEES.
Item No. 9: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANT NO. 85472 AND
WARRANTS NO. 86346 THROUGH 86536.
Recommendation: Approve the attached warrant register and wire transfers for Fiscal
Year 2007-08.
5
144
CITY COUNCIL MINUTES JUNE 9, 2008
Regarding Item No. 6: CONSIDERATION OF ADOPTION OF A RESOLUTION IN
OPPOSITION TO THE RENEWABLE ENERGY STATUTE (AG#: 07-0066).
The Management Analyst stated that the resolution is in opposition to the Renewable
Energy Statute as previously commented on by Tami Bui of Southern California Edison.
Council Member Bailey asked for clarification as to why the City Council is taking a
position on this initiative and how it impacts the residents of the City of Cypress.
The Management Analyst responded that there is language within the Proposition that
would remove the City's permitting authority for certain electrical infrastructures such as
transmission lines. Additionally, the Proposition contains language that would give
permitting authority to the Energy Commission at the State level, bypassing local
government. Furthermore, there is a potential for rate increases to both the City as an
energy consumer and also the general public.
Council Member Bailey asked about the Individual Member Form and if by submitting
that form he will be listed on mass mailings and other solicitations.
The Management Analyst clarified that only the Resolution will be processed, not the
Individual Member Form.
It was moved by Council Member Narain and seconded by Mayor Pro Tem Mills, that
the City Council adopt the Resolution by title only, in opposition to the Renewable Energy
Statute (AG#: 07-0066) initiative headed for the November 2008 California state ballot.
The motion was carried by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 2 COUNCIL MEMBERS: Bailey and Luebben
RESOLUTION NO. 6092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
IN OPPOSITION TO THE RISKY ENERGY INITIATIVE (AG#: 07-0066).
END OF CONSENT CALENDAR
ORDINANCES:
No items.
NEW BUSINESS:
No items.
RECREATION & PARK DISTRICT MATTERS: The Cypress Cify 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.
s
145
CITY COUNCIL MINUTES JUNE 9, 2008
Mayor Pro Tem Mills:
Attended the Soroptomist International of Cypress' Scholarship and Awards Luncheon.
Attended the Government Leaders Prayer breakfast. Attended a California Public
Policy seminar hosted by the Claremont Institute. Attended the SCAG annual regional
retreat at Lake Arrowhead. Attended an Eagle Scout Court of Honor for Harrison
Young.
Council Member Narain:
Attended the Government Leaders Prayer breakfast. Attended the O.C. Fire Authority
"Day in the Life of a Firefighter" event. Attended the closing day ceremonies for the
Relay for Life event at Lexington Junior High.
Council Member Luebben:
Attended an O.C. Sanitation District Steering Committee and Board of Directors
meeting. Attended the Cypress Police Department Open House. Congratulated
Captain Yokoyama on being named Chief of Police.
Mayor Seymore:
Attended the Government Leaders Prayer breakfast. Attended the O.C. Fire Authority
"Day in the Life of a Firefighter" event. Attended the opening ceremonies and luminaria
ceremony at the Relay for Life event at Lexington Junior High. Attended the Cypress
Police Department Open House.
Mayor Seymore commented on AB 2716 regarding employer payment of sick leave and
requested that this item be agendized for further discussion.
It was the consensus of the City Council to agendize this item for the next City Council
meeting.
Council Member Bailey:
Attended the Cypress Police Department Open House. Attended a Cypress Federal
Little League game in Norwalk. Participated in the setup for the Cypress High School
Grad Night. Attended Cypress High School's physics boat races.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming Chamber
events and activities.
Lorne Sugar, Cypress, spoke regarding Family Pizza Restaurant development.
Holly Castor, Cypress, spoke regarding Lincoln Center Mobile Home Park.
Joe Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park.
Samii Taylor Yakovetic, Cypress, spoke regarding Lincoln Center Mobile Home Park.
ITEMS FROM CITY MANAGER:
The City Manager stated that the City is aware of the application for the pizza
restaurant and encouraged Mr. Sugar to speak to staff regarding the issue.
7
~L~s
CITY COUNCIL MINUTES JUNE 9, 2008
ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:02 p.m. to Monday, June
23, 2008, beginning at 5:30 p.m. in the Executive Board Room.
vV
MAYOR OF THE CIT F CYPRESS
ATTEST:
1~-C'~.- ~~~-~~~n~l
CITY CLERK OF THE CITY OF CYPRESS
8