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Minutes 2008-06-23 ~.~7 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD June 23, 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 Agency Counsel Dan Slater 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 Administrative Services Manager June Liu Redevelopment Project Manager Steve Clarke City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Agency Counsel Slater reviewed key statutory provisions in the Community Redevelopment Law, specifically commenting on the three significant prohibitions on Agency authority to implement Redevelopment projects. Council Member Narain asked about the definition of "market area", as noted in the prohibition related to big box retailer. Agency Counsel Slater responded that the "market area" is defined as outer limits of 25 miles. Council Member Luebben asked about hazardous clean-up and its relation to site demolition. Agency Counsel Slater responded that the hazardous clean-up Polanco Act allows an Agency to take action to clean-up a hazardous site and seek reimbursement from the property owner. Agency Counsel Slater commented on the Agency's authority for funding public improvements, along with the requirement for a public hearing if the Agency pays for a publicly owned building, other than a parking facility. Council Member Narain asked about the judicial process for questioning the Agency funding of public improvements 1~8 CITY COUNCIL MINUTES JUNE 23, 2008 Agency Counsel Slater replied that the Agency funding of public improvements can be questioned by tax payers/members of the public, informing that there are annual audits of the Agency's funding. 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 Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Party Negotiating With: Hopkins Real Estate Group, Negotiating Party: Director of Community Development/Deputy Executive Director, Under Negotiation: Site Status Update. At 5:55 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 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 Administrative Services Manager June Liu Public Works Superintendent Bobby Blackburn Management Analyst Antonia Castro City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Seymore. INVOCATION: The invocation was given by Police Chief Hicks. PRESENTATIONS: The Mayor presented Chief of Police Rick Hicks with a Resolution recognizing him on his retirement from the City of Cypress. Mr. Yeghig Keshishian, Congressman Ed Royce's office, read a letter to the Chief of Police Rick Hicks on behalf of Congressman Royce. Ms. Lindsay Stratton, Assemblyman Jim Silva's office, presented a Resolution to the Chief of Police Rick Hicks. Ms. Kathy Moran, Supervisor John Moorlach's office, presented a Resolution to the Chief of Police Rick Hicks. The Chief of Police thanked the City Council, the City Manager, fellow Department Heads, members of the Cypress Police Department, and the community of Cypress for the privilege of serving as its Chief of Police. 2 4 9 CITY COUNCIL MINUTES JUNE 23, 2008 The Public Works Director made a presentation in regard to the status of the renovation of the Boys & Girls Club of Cypress. He thanked staff for their hard work on the project. The project is expected to be completed within the next two to three weeks. Council Member Narain asked about the removal and replacement of trees at the Boys & Girls Club site, along with shade areas for Club participants. The Public Works Director responded that trees that were too close to the building were relocated, commenting that there were more trees planted than removed. Council Member Luebben complimented staff on the project and asked about termite tenting being done after the addition of the new roof. The Public Works Director commented that removal of the old wood roofing and addition of the new roof would assure that the facility is termite free. Council Member Bailey thanked staff and commented on the blue window trim. 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 on Redevelopment Infrastructure/Financing Overview. A report was given to Council on using redevelopment increment for infrastructure projects. 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 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 Within the Los Alamitos Race Track and Golf Course Redevelopment Project Area, Party Negotiating With: Hopkins Real Estate Group, Negotiating Party: Director of Community Development/Deputy Executive Director, Under Negotiation: Site Status Update. The City Attorney stated that 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. Dale Lake, Cypress, spoke in regard to changing the name of Oak Knoll Park to Tiger Woods Park. Violet Chapman, Cypress, spoke in regard to the Lincoln Center Mobile Home Park. Mayor Seymore announced that the City Council will be conducting a workshop in the Council Chambers on Monday, August 11, 2008 from 5:30 p.m. - 6:15 p.m. to discuss the issues related to the Lincoln Center Mobile Home Park. Fred Wagner, Cypress, spoke in regard to the 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. 3 150 CITY COUNCIL MINUTES JUNE 23, 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. It was moved by Mayor Pro Tem Mills and seconded by Mayor Seymore, to approve Consent Calendar Items No. 1 through 16. 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 JUNE 9, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of June 9, 2008, as submitted. Item No. 3: ADOPTION OF RESOLUTION RECOGNIZING CHIEF OF POLICE RICK HICKS UPON HIS RETIREMENT. Recommendation: That the City Council adopt the Resolution by title only, recognizing Cypress Police Chief Rick Hicks upon his retirement from the City. RESOLUTION NO. 6093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING OUTGOING CHIEF OF POLICE RICK HICKS. Item No. 4: ADOPTION OF RESOLUTIONS REQUIRED TO HOLD THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 4. 2008. Recommendation: That the City Council adopt the Resolutions by title only, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of the City Charter, and requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on Tuesday, November 4, 2008, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Elections Code. RESOLUTION NO. 6094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 2008, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER. RESOLUTION NO. 6095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2008, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE. 4 151 CITY COUNCIL MINUTES JUNE 23, 2008 Item No. 5: CONFIRMATION OF APPOINTMENTS TO FILL SIX COMMISSIONER VACANCIES. Recommendation: That the City Council confirm the appointments of six Commissioners, with four searing full four-year terms, one serving athree-year term, and one serving aone-year term, effective July 1, 2008. Item No. 6: AUTHORIZE EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT FOR FISCAL YEAR 2008-2009. Recommendation: That the City Council adopt the Resolution by title only, approving the City's participation in the Urban Counties Program for the expenditure of Community Development Block Grant (CDBG) funds, and authorize the Mayor, City Manager, Assistant City Manager, Director of Community Development, and/or their designees to execute the contract, and all other documents and instruments required by the County of Orange and/or the Federal Department of Housing and Urban Development (HUD) for participation in the Urban Counties Program, on behalf of the City Council. RESOLUTION NO. 6096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE AWARD OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS THROUGH THE COUNTY OF ORANGE FOR THE PROGRAM YEAR SPANNING JULY 1, 2008 THROUGH JUNE 30, 2009. Item No. 7: ACCEPTANCE OF THE MARION AVENUE SEWER RELINING PROJECT, PUBLIC WORKS PROJECT NO. 2006-17. Recommendation: That the City Council 1) Accept the Marion Avenue Sewer Relining Project, Public Works Project No. 2006-17, as being satisfactorily completed in conformance with the project specifications, in the final amount of $121,601.50; and 2) Approve the final retention payment of $12,160.15 to Sancon Technologies, Inc., Huntington Beach, California; 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. Item No. 8: APPROVAL OF THE CITY ENGINEER'S REPORT AND RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE LANDSCAPED BERM ON THE NORTH SIDE OF THE STANTON CHANNEL, PUBLIC WORKS PROJECT NO. 8615-90. Recommendation: That the City Council adopt the Resolutions by title only, approving the City Engineer's Report and establishing a public hearing for July 14, 2008, declaring the City Council's intention to order the renewal of Cypress Corporate Center Landscape Maintenance District No. 1 for the maintenance of the landscaping and irrigation system on the berm on the north side of the Stanton Channel. RESOLUTION NO. 6097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY ENGINEER'S REPORT DATED JUNE 23, 2008, IN CONNECTION WITH THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1. RESOLUTION NO. 6098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE RENEWAL OF CYPRESS CORPORATE CENTER LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2008-09, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972, AND FIXING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 5 CITY COUNCIL MINUTES JUNE 23, 2008 Item No. 9: ADOPTION OF RESOLUTION REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR A TIME EXTENSION FOR PROJECT 03- CYPR-MPAH-1709, REPLACEMENT OF THE DEL AMO BRIDGE, PUBLIC WORKS PROJECT NO. 2003-04. I Recommendation: That the City Council adopt the Resolution by title only, requesting the Orange County Transportation Authority (OCTA) for a time extension for Project 03- CYPR-MPAH-1709, Replacement of the Del Amo Bridge, Public Works Project No. 2003- 04. RESOLUTION NO. 6099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, REQUESTING THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR A TIME EXTENSION FOR PROJECT 03-CYPR-MPAH-1209, REPLACEMENT OF THE DEL AMO BRIDGE. Item No. 10: CERTIFICATION OF LOCAL PAVEMENT MANAGEMENT PROGRAM AS REQUIRED BY THE GROWTH MANAGEMENT PLAN (MEASURE M). Recommendation: That the City Council: 1) Certify that the City of Cypress has a Pavement Management Program (PMP) that will remain in place and be maintained to qualify for allocation of revenues generated from Measure M; and 2) Authorize the Director of Public Works/City Engineer to execute the Local PMP Certification on behalf of the City of Cypress and to submit the document to the Orange County Transportation Authority (OCTA), as required by Measure M. Item No. 11: ADOPTION OF RESOLUTION CONCERNING THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS BEING IN COMPLIANCE WITH THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. Recommendation: That the City Council adopt the Resolution by title only, informing the Orange County Transportation Authority (OCTA) that the Circulation Element of the Cypress General Plan conforms to the County's Master Plan of Arterial Highways (MPAH). RESOLUTION NO. 6100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CONCERNING THE CIRCULATION ELEMENT FOR THE CITY OF CYPRESS BEING IN COMPLIANCE WITH THE ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS. Item No. 12: ACCEPTANCE OF THE INSTALLATION OF A WROUGHT IRON FENCE AND GATE AND MASONRY PILASTERS ALONG THE NORTH SIDE OF DARRELL ESSEX PARK. PUBLIC WORKS PROJECT NO. 2007-22. Recommendation: That the City Council: 1) Accept the Installation of a Wrought Iron Fence and Gate and Masonry Pilasters along the north side of Darrell Essex Park, Public Works Project No. 2007-22, as being satisfactorily completed in conformance with the project specifications, in the final amount of $44,356; and 2) Approve the final retention payment of $4,435.60 to Built-Rite Fence Company, Bellflower, California; 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. Item No. 13: ADOPTION OF RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE USED OIL RECYCLING BLOCK GRANT. Recommendation: That the City Council adopt the Resolution by title only, authorizing submittal of an application to the California Integrated Waste Management Board for the Used Oil Recycling Block Grant for fiscal year 2008-2009, and authorize the City of Cypress to serve as the administering agency of the grant on behalf of the cities of La Palma, Los Alamitos, and Seal Beach. 6 t CITY COUNCIL MINUTES JUNE 23, 2008 RESOLUTION NO. 6101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AUTHORIZING SUBMITTAL OF APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR USED OIL RECYCLING BLOCK GRANT. Item No. 14: AMEND RESOLUTION ESTABLISHING HOURLY PAY RANGE FOR THE POSITION OF TEMPORARY PART-TIME POLICE CAPTAIN. 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. 5664 establishing the hourly pay range for the position of temporary part-time Police Captain. RESOLUTION NO. 6102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND ACTING AS THE EX-OFFICIO BOARD OF DIRECTORS OF THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING RESOLUTION NO. 5664, ESTABLISHING THE HOURLY WAGE FOR THE POSITION OF TEMPORARY PART-TIME POLICE CAPTAIN. Item No. 15: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF MAY, 2008. Recommendation: That the City Council receive and file the Investment Report for the month of May, 2008. Item No. 16: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85473 THROUGH 85475 AND WARRANTS NO. 86537 THROUGH 86746. Recommendation: Approve the attached warrant register and wire transfers for Fiscal Year 2007-08. 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 fhe Cypress Redevelopment Agency. No items. ITEMS FROM CITY COUNCIL MEMBERS: Item No. 17: CONSIDERATION OF OPPOSITION TO AB 2716 (MA) - EMPLOYMENT: PAID SICK LEAVE. (Mayor Seymore) Mayor Seymore stated that he requested this agenda item due to its fiscal effects on the City. He read a drafted letter to the California State Senate in opposition to AB 2716 (Ma), requesting that he be given authorization to sign it. 154 CITY COUNCIL MINUTES JUNE 23, 2008 The Administrative Services Manager provided background information on the legislation. Mayor Seymore stated that if a person lives in a mobile home park or a condominium complex and homeowners' association dues are being paid, this applies to the gardener and/or pool service which could mean an increase in the association dues. Council Member Luebben asked about sick leave accrual for seasonal City workers. The Administrative Services Manager stated that the average seasonal City worker could accrue up to 12 hours of sick leave, with there being approximately 120 part-time employees. Council Member Luebben asked for clarification about the possibility of the average homeowner having to pay sick leave to their gardener and/or pool service. The Administrative Services Manager responded that further review of the Assembly Bill has concluded that a residential homeowner would not necessarily incur the accrual of services from gardeners and/or pool service. However, if a pool agency or gardening contractor that employs more than 10 people is hired then most likely there would be an additional cost to cover the paid sick leave accrual. Council Member Luebben commented on various employee unions and restrictions imposed on their part-time employees. Council Member Bailey asked about the sick leave accrual for City employees and where other cities stand on the issue. The Administrative Services Manager stated that afull-time employee who works 2,080 hours per year would accrue 8 hours per month. Furthermore, the League of California Cities will be urging other cities to take action. Mayor Pro Tem Mills stated that he supports the City Council sending a letter to the legislators, commenting on the broadness of government. Council Member Narain asked how this Assembly Bill relates to the State disability program. The Administrative Services Manager stated that most employers participate in the State disability program and an employer, by law, is not required to offer the paid sick leave. Council Member Luebben stated that this Assembly Bill is very wide-reaching and he is not opposed to the opposition of such. Council Member Bailey commented that he is in support of opposition of this Assembly Bill, however, he does not feel that the City Council should be taking positions on federal and/or state issues unless there is a direct impact. It was moved by Mayor Seymore and seconded by Mayor Pro Tem Mills, that the City Council authorize the Mayor to sign a letter opposing AB 2716 (Ma), which would change existing law and mandate that all employers provide paid sick leave to an employee after seven days of work in a calendar year. 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 Mayor Seymore requested reports from the Council Members on their respective committee assignments. 8 155 CITY COUNCIL MINUTES JUNE 23, 2008 Council Member Bailey: Thanked parents who are involved in parent teacher associations for their efforts. Council Member Narain: Attended the Cypress Chamber of Commerce Business Awards and Installation Dinner. Council Member Luebben: Attended an O.C. Sanitation District Administration Committee meeting. Attended the Cypress Chamber of Commerce Business Awards and Installation Dinner. Thanked Chief Hicks and his family. Manor Pro Tem Mills: Attended a Cypress School District meeting where retiring employees were recognized. Attended the Chamber of Commerce Networking breakfast. Attended the 15th Anniversary celebration of the Cypress Senior Citizens Center. Attended the Cypress employee barbecue. Attended the 75th Anniversary of the Orange County Water District. Attended an Eagle Scout Court of Honor Ceremony for Steve Wittenberg. Attended the Cypress College Continuing Education Center ceremony. Attended the Cypress Chamber of Commerce Business Awards and Installation Dinner. Attended a Welcome Home ceremony at the Joint Forces Training Base. Manor Seymore: Attended ablest-Comm Board of Directors meeting. Attended the Cypress employee barbecue. Attended a DARE graduation ceremony at Grace Christian School. Attended the Landell Elementary School Blanket Project. Attended a Cypress Pops Orchestra concert. Attended the Cypress Chamber of Commerce Business Awards and Installation Dinner. Attended a Welcome Home ceremony at the Joint Forces Training Base. Attended an Eagle Scout Court of Honor ceremony for Nick Wright and Gregory Hanson. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Samii Taylor, Cypress, spoke regarding Lincoln Center Mobile Home Park. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:20 p.m. to Monday, July 14, 2008, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY O YPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9