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Minutes 2008-08-25 iso MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD August 25, 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 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 Assistant City Engineer Kamran Dadbeh Finance Manager Matt Burton Management Analyst Alisha Farnell Management Analyst Antonia Castro City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The Recreation and Community Services Director stated that she will be presenting to City Council a process and timeline to develop a master fee schedule, taking an opportunity to compliment staff members Alisha Farnell and Antonia Castro on their assistance with this project. The Recreation and Community Services Director stated that, as with all municipalities, fees can be charged to offset costs for various services, programs and activities. Currently, City fees are listed in anon-centralized manner. This project will allow for the creation of a Master Fee Resolution listing fees within one consolidated fee schedule with review on a regular basis. She stated that fees that will not be included within this project are sewer fees, franchise fees, transportation fees, and fines/penalties. The Recreation and Community Services Director informed that the user fees are not taxes, and are only paid by those who utilize specific services, resources or programs of a municipality. The Recreation and Community Services Director stated that this matter will be brought back to City Council at its second meeting in September. Following that workshop presentation, a public hearing will be conducted to establish the fees for the master schedule with anticipation that the new fees be in effect by mid November 2008. The City Attorney stated that as long as the City is not recovering a fee that exceeds the actual cost of providing the service, there should not be an impact by Proposition 218. 181 CITY COUNCIL MINUTES AUGUST 25, 2008 The Recreation and Community Services Director then provided City Council with a proposed Master Fee Schedule for consideration at a workshop in September. Council Member Narain asked about further information including when the current fee schedule was instituted, along with comparisons from neighboring cities. The Recreation and Community Services Director responded that she will follow-up with that inquiry, further commenting that fee comparisons can be obtained from neighboring cities. Mayor Seymore suggested that staff provide a chart highlighting a comparison of the current and proposed fees. Council Member Luebben commented on the subsidization factor when considering the fee schedule, along with social benefit of the programs and activities offered. Council Member Bailey asked about the new fee for various equipment uses such as canopies and speakers. Council Member Narain commented on all inclusive fees as opposed to fragmented fees. Mayor Pro Tem Mills asked if any other surrounding cities have done a similar fee study. The City Manager commented on the City of Los Alamitos' recent fee study. It was moved by Council Member Luebben and seconded by Mayor Seymore, that the City Council add a Closed Session agenda item regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) and (3)(B); Number of cases: one. 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 At 6:11 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 June Liu Assistant City Engineer Kamran Dadbeh Management Analyst Alisha Farnell City Clerk Denise Basham 2 18 CITY COUNCIL MINUTES AUGUST 25, 2008 PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Bailey. INVOCATION: The invocation was given by City Attorney Wynder. 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 City Council held a workshop for discussion of the establishment of a master fee schedule. The City Attorney stated that the City Council unanimously approved the adding of an urgency Closed Session item regarding Conference with Legal Counsel -Anticipated Litigation, pursuant to Government Code Section 54956.9(b)(1) and (3)(B); Number of cases: one. The City Attorney provided a privileged and confidential briefing to the City Council. The City Council unanimously authorized the City of Cypress lending its name to an amicus brief in support of the City of Anaheim provided that there would be no cost to the City. 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. Mary Crowder, Cypress, spoke regarding the Cypress Police Department and fireworks in the City. Don Seward, Cypress, spoke regarding Agenda Item No. 11. 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 ADOPTION OF AN ORDINANCE ADDING ARTICLE V TO CHAPTER 20 OF THE CYPRESS MUNICIPAL CODE IMPLEMENTING THE EMERGENCY RESPONSE COST RECOVERY PROGRAM. The Chief of Police provided background information on this item. Mayor Seymore asked for clarification on the recovery program. Council Member Bailey asked about reimbursement to the City and other agencies. The City Manager discussed Section 20-30, Collection of Items Recoverable for Emergency Response Incidents in the proposed ordinance, as attached to the Council Agenda Report. The City would bill for the cost of emergency services, up to $12,000. Council Member Luebben asked how the costs to be recovered are being determined. The Assistant City Manager/Director of Finance and Administrative Services stated that the City bills for any damage done to City property and the Police Department bills for their services, Council Member Luebben asked for clarification on the fiscal impact to the City. The Assistant City Manager/Director of Finance and Administrative Services stated that, currently, approximately $15,000 is billed out, with an estimated $5,000 to $10,000 recovered per year. 3 183 CITY COUNCIL MINUTES AUGUST 25, 2008 Council Member Luebben asked about cost recovery for code enforcement issues. 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: 1) Introduce for first reading the Ordinance by title only, that establishes an Emergency Response Cost Recovery Program related to persons arrested for driving under the influence of alcohol and/or drugs; and 2) Authorize the establishment of an Emergency Response Cost Recovery Program pursuant to the City Ordinance in order to reimburse the cost of emergency response to Driving Under the Influence (D.U.I.) related incidents. 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 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADDING ARTICLE V TO CHAPTER 20 OF THE CYPRESS MUNICIPAL CODE IMPLEMENTING THE EMERGENCY RESPONSE COST RECOVERY PROGRAM. CONSENT CALENDAR: All matters listed on the Agenda under "Consent Calendar" are to be considered by fhe City Council to be routine and will be enacted by one motion approving fhe recommendations listed on the Agenda. It was moved by Council Member Bailey and seconded by Council Member Narain, to approve Consent Calendar Items No. 2 through 11. 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: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 3: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETINGS OF AUGUST 11 AND AUGUST 18, 2008. Recommendation: That the City Council approve the Minutes of the Meetings of August 11 and August 18, 2008, as submitted. Item No. 4: APPROVAL OF FINAL TRACT MAP NO. 17225. PROPERTY LOCATED AT 8705 LA SALLE STREET. Recommendation: That the City Council approve Final Tract Map No. 17225 and authorize the City Clerk to sign the record map. 4 184 CITY COUNCIL MINUTES AUGUST 25, 2008 Item No. 5: APPROVAL OF FINAL TRACT MAP NO. 17126. PROPERTY LOCATED AT 5712 DANNY AVENUE. Recommendation: That the City Council approve Final Tract Map No. 17126 and authorize the City Clerk to sign the record map. Item No. 6: BUILDING SERVICES CONTRACT. Recommendation: That the City Council approve the consultant services agreement with Charles Abbott Associates (CAA) for contract building inspection and plan check services as described in the contract's scope of work. Item No. 7: APPROVAL OF AN AGREEMENT TO PARTICIPATE IN ALERT OC - A COUNTYWIDE, EMERGENCY PUBLIC MASS NOTIFICATION SYSTEM. Recommendation: That the City Council: 1) Approve an agreement with the County of Orange for the period of August 15, 2008 to June 30, 2012, authorizing the City of Cypress to utilize the County's Mass Notification System, known as Alert OC; and 2) Authorize the City Manager to execute the agreement on behalf of the City. Item No. 8: AMENDMENT TO THE CITY'S POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATION FOR THE POSTION OF 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, revising the class specification for the regular full-time position of Police Captain, thereby amending the City's classification plan. RESOLUTION NO. 6114 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, AMENDING THE CITY'S CLASSIFICATION PLAN BY REVISING THE CLASSIFICATION OF POLICE CAPTAIN. Item No. 9: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF JULY, 2008. Recommendation: That the City Council receive and file the Investment Report for the moth of July, 2008. Item No. 10: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2007-08 FOR WARRANTS NO. 87566 THROUGH 87644, AND FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85484 THROUGH 85489, 87562 THROUGH 87565, AND 87645 THROUGH 87768. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Years 2007-08 and 2008-09. Recreation and Park District Matters: Item No. 11: APPROVAL OF FUND TRANSER AND PURCHASE OF SEASON'S GREETINGS SIGN. Recommendation: That the City Council, acting as the ex-officio governing Board of Directors for the Cypress Recreation and Park District: 1) Approve the appropriation of $4,215 in the District's Equipment Replacement Fund (4308-83-650-35) for the replacement of the Season's Greetings sign; and 2) Approve the transfer of $4,215 from the Park District's General Fund (2200-12) to the District's Equipment Replacement Fund (1200-83) for the replacement of a Season's Greetings sign. END OF CONSENT CALENDAR 5 185 CITY COUNCIL MINUTES AUGUST 25, 2008 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: Encouraged Mary Crowder to continue attending and speaking at City Council meetings. Mayor Pro Tem Mills: Displayed a magazine depicting Golf Pro Joe Grohman from the Naval Golf Course. Attended the Cypress Senior Citizens Center luau. Attended the Legislative Mixer at the Joint Forces Training Base. Attended the grand opening of the Board of Equalization office in Irvine. Attended Bob Snow's birthday party. Council Member Narain: Attended the Legislative Mixer at the Joint Forces Training Base. Attended the Saddleback Forum with Barack Obama and John McCain. Complimented the Cypress Police Department on the DUI checkpoint held on Saturday, August 23, 2008. Council Member Luebben: Attended the Orange County swim conference championships at EI Toro High School. Attended the 8t" Annual Las Vegas Invitational Youth Basketball Tournament. Attended a Special City Council meeting on Monday, August 18, 2008. Attended the California Association of Sanitation Agencies conference in Monterey. Encouraged Mary Crowder to continue to attend and voice her issues of concern at the City Council meetings. Mayor Seymore: Attended the Concert-on-the-Green. Attended a Special City Council meeting on Monday, August 18, 2008. Spoke at the Challenger League Pop Warner football and cheer league opening day ceremonies. Mayor Pro Tem Mills wished Cypress Chamber of Commerce President Bob Snow a happy birthday. ORAL COMMUNICATIONS: For Matters Not on the Agenda. None. 6 CITY COUNCIL MINUTES AUGUST 25, 2008 ITEMS FROM CITY MANAGER: The City Manager spoke regarding the Anaheim Union High School District user fees and commended the subcommittee for their work. Mayor Seymore wished the City Manager a happy 50th birthday this week. Council Member Luebben spoke regarding the Anaheim Union High School District user fees subcommittee. ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:41 p.m. to Monday, September 8, 2008, beginning at 5:30 p.m. in the Executive Board Room. vV MAYOR OF THE CITY F CYPRESS ATTEST: i CITY CLERK OF THE CITY OF CYPRESS