Loading...
Minutes 2008-08-11 170 ARE LAR MEETING OF THE MINUTES OF GU CYPRESS CITY COUNCIL HELD August 11, 2008 A regular meeting of the Cypress City Council was called to order at 5:30 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 Assistant City Attorney Tiffany Israel 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 Superintendent Dena Diggins Assistant City Engineer Kamran Dadbeh Management Analyst Alisha Farnell City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: Mayor Seymore discussed the format for the workshop, indicating that the residents and park owner would each have 15 minutes for their presentation. The following spoke from/for Lincoln Center Mobile Home Park: Fred Wagner Samii Taylor Glen Bell The following spoke from/for Sierra Corporate Management: Richard Pinel Vickie Talley, Manufactured Housing Educational Trust Abe Arrigotti Council Member Luebben asked for clarification on the resident's assistance fund and the accuracy of the figures, as depicted in the slide presentation. Ms. Talley provided clarification on the rental assistance program and the special assistance program. Mr. Arrigotti commented that the residential electrical concerns will be documented by a state licensed electrician with those findings provided to the City Council. Council Member Bailey asked about the Sierra Management slide presentation regarding rent and lease agreements that are comparable to apartment complexes within the City. 1 CITY COUNCIL MINUTES AUGUST 11, 2008 Mr. Arrigotti responded that options include long-term leases and month-to-month leases. Council Member Narain asked about the number of units receiving rental assistance at the Lincoln Center Mobile Home Park. Mr. Arrigotti stated that he believed there are 14 units. Mayor Seymore stated that staff will continue addressing the building and safety issues consistent with the past practices City-wide. The Assistant 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 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; Party Negotiating With: Hopkins Real Estate Group; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Site Status Update. The Assistant 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 Assistant 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), Caudillo v. City of Cypress; Case Number 00070382; Orange County Superior Court. The Assistant 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), Esparza v. City of Cypress; Case Number 30- 2008-0061774-SC-SC-WJC; Orange County Superior Court West Justice Center. The Assistant 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. The Assistant City Attorney reported that the City Council would be meeting in Closed Session regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 54956.9(b); Number of cases: Five. At 6:12 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 Assistant City Attorney Tiffany Israel 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 Superintendent Dena Diggins 2 172 CITY COUNCIL MINUTES AUGUST 11, 2008 Assistant City Engineer Kamran Dadbeh Management Analyst Alisha Farnell City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Luebben. INVOCATION: The invocation was given by Mayor Pro Tem Mills. PRESENTATIONS: None. 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 a workshop was held regarding concerns at the Lincoln Center Mobile Home Park, with both residents and owners speaking before the City Council. Staff will follow-up on the issues discussed with afollow-up to City Council. The Mayor asked for the report of the Closed Session Agenda items discussed earlier in the evening. The Assistant 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 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; Party Negotiating With: Hopkins Real Estate Group; Negotiating Party: Director of Community Development/Deputy Executive Director; Under Negotiation: Site Status Update. The Assistant City Attorney stated that an update was given with no action taken. The Assistant 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 Assistant City Attorney stated that an update was given with no action taken. The Assistant 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), Caudillo v. City of Cypress; Case Number 00070382; Orange County Superior Court. The Assistant City Attorney stated that an update was given with no action taken. The Assistant 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), Esparza v. City of Cypress; Case Number 30-2008-0061774- SC-SC-WJC; Orange County Superior Court West Justice Center. The Assistant City Attorney stated that an update was given with no action taken. The Assistant 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 Superior Court. The Assistant City Attorney stated that an update was given with no action taken. The Assistant City Attorney reported that the City Council met in Closed Session regarding Conference with Legal Counsel - Anticipated Litigation, pursuant to Government Code Section 54956.9(b); Number of cases: Five. The Assistant City Attorney stated that an update was given with no action taken. No other action was taken in Closed Session, nor was any solicited. 3 173 CITY COUNCIL MINUTES AUGUST 11, 2008 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. Holly Castor, Cypress, spoke regarding 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. 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 Bailey and seconded by Mayor Seymore, to approve Consent Calendar Items No. 1 through 10. 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 28, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of July 28, 2008, as submitted. Item No. 3: ADOPTION OF RESOLUTIONS ADOPTING REVISED CONFLICT OF INTEREST CODES FOR THE CITY OF CYPRESS AND CYPRESS RECREATION AND PARK DISTRICT. Recommendation: That the City Council, and acting as the ex-officio governing Board of Directors of the Cypress Recreation and Park District, adopt the Resolutions by title only, adopting Conflict of Interest Codes for the City of Cypress and Cypress Recreation and Park District, which supersede all prior Conflict of Interest Codes and amendments previously adopted. RESOLUTION NO. 6110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. RESOLUTION NO. 6111 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, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. 4 174 CITY COUNCIL MINUTES AUGUST 11, 2008 Item No. 4: DESIGN REVIEW COMMITTEE PERMIT NO. 2008-03. A REQUEST BY THE ORANGE COUNTY FIRE AUTHORITY (OCFA) TO BUILD A REPLACEMENT FIRE STATION 17 AT THE NORTHWEST CORNER OF MOODY STREET AND CERRITOS AVENUE 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. 2008-03, subject to the conditions described in the Resolution. RESOLUTION NO. 6112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-03. Item No. 5: ACCEPTANCE OF 2007/08 RESIDENTIAL AND ARTERIAL STREETS OVERLAY, PUBLIC WORKS PROJECT NO. 2007-18. Recommendation: That the City Council: 1) Accept the 2007/08 Residential and Arterial Streets Overlay, Public Works Project No. 2007-18, as being satisfactorily completed in conformance with the project specifications, in the final amount of $2,305,617.48; and 2) Approve the final retention payment of $230,561.75 to American Asphalt Inc., Corona, 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. 6: ACCEPTANCE OF 2007/08 RESIDENTIAL AND ARTERIAL STREETS SLURRY SEAL -PHASE 2. PUBLIC WORKS PROJECT NO. 2008-02. Recommendation: That the City Council: 1) Accept the 2007/08 Residential and Arterial Streets Slurry Seal -Phase 2, Public Works Project No. 2008-02, as being satisfactorily completed in conformance with the project specifications, in the final amount of $355,280.70; and 2) Approve the final retention payment of $35,528.07 to American Asphalt South, Inc., Fontana, 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. 7: AWARD OF CONTRACT FOR REPLACEMENT OF CITY VEHICLES. Recommendation: That the City Council: 1) Find that the City of Rialto's Purchase Order No. 2008-2260 satisfies the City's bid process City Code Section 21A-10(e), and award a contract to purchase four 2009 Ford Ranger pickup trucks from Fairview Ford Sales Inc., San Bernardino, California, in the amount of $57,777; and 2) Find that the City of Los Angeles's Purchase Order No. 892667 satisfies the City's bid process City Code Section 21A-10(e), and award a contract to purchase two 2009 Chevrolet Impala Police Administrative sedans from Wondries Fleet Group, Alhambra, California, in the amount of $51,378; and 3) Find that the City of Montclair's purchase order No. 00000408 satisfies the City's bid process City Code Section 21A-10(e), and award a contract to purchase three Ford Crown Victoria Police Interceptors from Clippinger Ford, West Covina, California, in the amount of $70,365; and 4) Appropriate $26,869 to Account No. 7377- 90-659-39 from the Equipment Replacement Fund for the replacement of one police patrol car, associated damaged equipment, and/or transfer of existing equipment to the replacement car. Approve the transfer of $8,116 from the City's General Liability Fund (2200-96) to the City's Equipment Replacement Fund (1200-90) for the replacement of one police patrol car, associated damaged equipment, and/or transfer of existing equipment to the replacement car. Find that the City of Montclair's Purchase Order No. 00000408 satisfies the City's bid process City Code Section 21 A-10(e), and award a contract to purchase one Ford Crown Victoria Police Interceptor from Clippinger Ford, West Covina, California, in the amount of $23,455. 5 1~~ CITY COUNCIL MINUTES AUGUST 11, 2008 Item No. 8: AWARD OF CONTRACT FOR REPLACEMENT OF HVAC SYSTEMS AT CITY HALL, POLICE DEPARTMENT, AND MAINTENANCE YARD, PUBLIC WORKS PROJECT NO. 2007-04. Recommendation: That the City Council: 1) Award a contract for Replacement of HVAC Systems at City Hall, Police Department, and Maintenance Yard, Public Works Project No. 2007-04, in the amount of $726,000, to the lowest responsible bidder, Bon Air, Los Angeles, California; and 2) Authorize a contingency of $108,900 (15% 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. 9: ACCEPTANCE OF GRANT FUNDS FROM THE TARGET CORPORATION. Recommendation: That the City Council: 1) Accept the grant in the amount of $1,500 from the Target Corporation; and 2) Increase estimated revenues by $1,500 (3525-11, Other Grants) in the General Fund; and 3) Appropriate $1,500 from the unreserved fund balance of the General Fund to account 4104-11-174-05 (Special Activity Supplies). ~ Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 85482 AND 87318 THROUGH 87419, AND FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85478, 85481 THROUGH 86930, AND 87420 THROUGH 87561. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 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. It was moved by Agency Board Member Luebben and seconded by Agency Board Member Narain, that the Redevelopment Agency approve Consent Calendar Item No. 11. 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. 11: ADOPTION OF RESOLUTION ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR THE CYPRESS REDEVELOPMENT AGENCY Recommendation: That the Cypress Redevelopment Agency adopt the Resolution by title only, adopting a Conflict of Interest Code for the Cypress Redevelopment Agency, which supersedes all prior Conflict of Interest Codes and amendments previously adopted. 6 176 CITY COUNCIL MINUTES AUGUST 11, 2008 RESOLUTION NO. CRA-131 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, ADOPTING A CONFLICT OF INTEREST CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF INTEREST CODES AND AMENDMENTS PREVIOUSLY ADOPTED. ITEMS FROM CITY COUNCIL MEMBERS: Mayor Seymore requested reports from the Council Members on their respective committee assignments. Mavor Seymore: Participated in Spark of Love campaign. Attended two Concerts-on-the-Green. Attended the National Night Out event at the Cypress Police Department. Mavor Pro Tem Mills: Spoke regarding suspension of AB 2716. Attended aConcert-on-the-Green. Attended an Eagle Scout Court of Honor for Jaime Garcia. Attended the League of California Cities press conference regarding the state budget. Attended the National Night Out event at the Cypress Police Department. Attended a Southern California Association of Governments Transportation Committee meeting. Attended a Congressman Rohrabacher speaking event. Council Member Luebben: Attended a Southern California Association of Governments Energy and Environment Committee meeting. Attended the Orange County swim conference division finals. Attended a Friday Night Lights flag football game in Los Alamitos. Council Member Narain: Attended the National Night Out event at the Cypress Police Department. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming events and activities. Samii Taylor, Cypress, spoke regarding the Lincoln Center Mobile Home Park. Joseph Yakovetic, Cypress, spoke regarding the Lincoln Center Mobile Home Park. ITEMS FROM CITY MANAGER: The City Manager commended the Public Works Department regarding their efforts on identity signage along Katella Avenue. The City Manager thanked the City Clerk for her assistance with records retrieval related to the Local Agency Formation Committee (LAFCO). The City Manager informed that the new City Tree has been planted at the Civic Center, replacing the diseased tree. Council Member Narain complimented the City Manager and the Public Works Director for their prompt action with the identity signage along Katella Avenue. l77 CITY COUNCIL MINUTES AUGUST 11, 2008 ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:28 p.m. to a Special Meeting on Monday, August 18, 2008, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 8