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Minutes 2008-07-28 .4 MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD ' July 28, 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 Na~ain 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 Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Lieutenant Ed Bish Police Lieutenant Jeff Kepley Senior Civil Engineer Alvin Papa Management Analyst Alisha Farnell ~ City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Attorney made a presentation to City Council regarding parliamentary procedures at City Council meetings. He informed of the four types of motions which include: main, subsidiary, incidental, and privileged, informing of the proper protocol and purpose of each. The City Attorney stated that common motions include those to amend which require a second and must be worded precisely, and those to reconsider which reopen debate but do not automatically change the decision. Motions to reconsider must be moved in a timely manner at the meeting in which it occurred or the immediate following meeting. Council Member Luebben asked about a scenario in which it was realized after the fact that a motion at a City Council meeting was done incorrectly. The City Attorney responded that, if the motion involved the awarding of a contract, it cannot be undone unless the City has adopted a rule addressing such. Mayor Pro Tem Mills commented on proper verbiage and clarity when making motions. The City Attorney briefly reviewed meeting protocol and decorum, reiterating that the Cypress Municipal Code authorizes the presiding officer to order removal should there be violation of such. The City Attorney stated that Council Members are not required to vote. However, doing so would mean that his/her non-participation consents to the action taken by those who are voting on the matter. 165 CITY COUNCIL MINUTES JULY 28, 2008 The City Attorney commented that City Council Members are required to take action based on the evidence presented at a public hearing, not based on evidence gathered individually or based on prejudice. The City Attorney reported that the 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 Number 262-423-03, Located at 8941-8951 Walker Street; Party Negotiating With: Jose and Lucy Rosales; Negotiating Party: Deputy Executive Director and Redevelopment Project Manager; Under Negotiation: Terms and Conditions. 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), Marchetti v. City of Cypress, WCAB No. LBO 0327261; AdminSure Claim No. 066-00-00029. At 6:16 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 Mark Yokoyama Public Works Director Doug Dancs Recreation and Community Services Director 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 Mayor Pro Tem Mills. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: There were no presentations. 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 City Council was briefed by the City Attorney on parliamentary procedures, proper protocol for motion making, public hearings and other procedural formats. 2 ~s CITY COUNCIL MINUTES JULY 28, 2008 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 Number 262-423-03, Located at 8941-8951 Walker Street; Party Negotiating With: Jose and Lucy Rosales; Negotiating Party: Deputy Executive Director and Redevelopment Project Manager; Under Negotiation: Terms and Conditions. The City Attorney stated that there was a discussion of terms and conditions under which a portion of that real property could be acquired. There was a discussion of the purchase price for such acquisition and the Agency unanimously directed the Deputy Executive Director to proceed forward with preparing the legal documents necessary to acquire the property or portions, thereof, at the amount and under the terms and conditions discussed. 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 there was a privileged and confidential briefing of a recent meeting, and a continued strategy in dealing with the North Orange County Community College District was authorized unanimously by the City Council. 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), Marchetti v. City of Cypress, WCAB No. LBO 0327261; AdminSure Claim No. 066-00-00029. The City Attorney stated that worker's compensation counsel presented the terms and conditions under which this case could be settled. The City Council unanimously approved the settlement according to the terms and conditions. The ultimate settlement agreement will come back for formal City Council action at a future date. 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. Michael Widdoss, Cypress, spoke regarding the Summer Day Camp at the Community Center. The City Manager stated that the City Council will be receiving a memo regarding the incident and will make sure the proper policies and procedures will be in of#ect. He apologized to the family regarding the incident. Fred Speckmeyer, Cypress, spoke regarding flights at the Joint Forces Training Base. 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. It was moved by Council Member Luebben and seconded by Council Member Narain, to approve Consent Calendar Items No. 1 through 7. 3 167 CITY COUNCIL MINUTES JULY 28, 2008 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 JULY 14. 2008. Recommendation: That the City Council approve the Minutes of the Meeting of July 14, 2008, as submitted. Item No. 3: EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-09, A REQUEST FOR A ONE YEAR EXTENSION OF THE APPROVAL TO CONSTRUCT SEVEN (7) CONDOMINIUM UNITS ON THE PROPERTIES LOCATED AT 5541 AND 5561 BISHOP STREET IN THE RS-6000 DI RESIDENTIAL SINGLE-FAMILY DENSITY INCENTIVE ZONE. Recommendation: That the City Council adopt the Resolution by title only, approving the Extension of Conditional Use Permit No. 2007-09 (until July 9, 2009), subject to the original conditions of approval. RESOLUTION NO. 6108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING A ONE YEAR EXTENSION OF CONDITIONAL USE PERMIT NO. 2007-09. Item No. 4: CONSIDERATION OF A LETTER RESPONDING TO THE ORANGE COUNTY GRAND JURY'S REPORT REGARDING HOUSING ELEMENT PROVISIONS FOR SENIOR HOUSING. Recommendation: That the City Council authorize the Mayor to sign the required response letter to the Orange County Grand Jury regarding Housing Element provisions for senior housing and direct staff to transmit the letter to the Presiding Judge of the Superior Court of Orange County by the statutory deadline of July 31, 2008. Item No. 5: SPECIAL TAX LEVY FOR FY 2008-09 WITHIN COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS. Recommendation: That the City Council, acting as the legislative body of Community Facilities District No. 1 (Sorrento Homes), authorize the levy of a special tax for fiscal year 2008-09 within the District by adopting the Resolution by title only, and authorize the Mayor to sign the Proposition 218 Certification. RESOLUTION NO. 6109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 1 (SORRENTO HOMES) OF THE CITY OF CYPRESS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX FOR FISCAL YEAR 2008-2009 WITHIN SUCH COMMUNITY FACILITIES DISTRICT. Item No. 6: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JUNE, 2008. Recommendation: That the .City Council receive and file the Investment Report for the month of June, 2008. 4 J CITY COUNCIL MINUTES JULY 28, 2008 Item No. 7: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85480 AND 87130 THROUGH 87287 AND FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85479 AND 87288 THROUGH 87317. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2007-08 and 2008-09. 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 Bailey: Attended the Cypress Community Festival. Attended the rededication of the Boys & Girls Club of Cypress. Mayor Pro Tem Mills: Attended the rededication of the Boys & Girls Club of Cypress. Attended the open house of the Cypress Medical Center. Attended the Community Festival Sponsors Breakfast with the Mayor. Attended the grand re-opening of the Woodfin Suites. Attended an O.C. Council of Governments meeting. Attended the Cypress Community Festival. Council Member Narain: Attended the rededication of the Boys & Girls Club of Cypress. Attended aConcert-on- the-Green. Attended the Community Festival Sponsors Breakfast with the Mayor. Attended the farewell celebration for Laura Detweiler. Attended the Cypress Community Festival Council Member Luebben: Attended the rededication of the Boys & Girls Club of Cypress. Attended an O.C. Sanitation District Steering Committee and Board of Directors meeting. Attended the Cypress Chamber of Commerce Festival mixer. Attended the farewell celebration for Laura Detweiler. Attended the 5K/10K Run and Cypress Community Festival. 5 169 CITY COUNCIL MINUTES JULY 28, 2008 Mayor Seymore: Attended the rededication of the Boys & Girls Club of Cypress. Attended aWest- Comm JPIA Board of Directors meeting. Attended aConcert-on-the-Green. Attended the Community Festival Sponsors Breakfast with the Mayor. Attended the grand re- opening of the Woodfin Suites. Attended an O.C. Fire Authority meeting. Attended the Cypress Community Festival ORAL COMMUNICATIONS: For Matters Not on the Agenda. Nia Edwards, attending for her political science class at Cypress College. ITEMS FROM CITY MANAGER: The City Manager announced the birthday of the Community Development Director. ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:31 p.m. to Monday, August 11, 2008, beginning at 5:30 p.m. in the Council Chambers. U V MAYOR OF THE CITY F CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 6