Minutes 2008-09-08 $ ,
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 8, 2008
A regular meeting of the Cypress City Council was called to order at 7:00 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
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
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 City Attorney Wynder.
PRESENTATIONS:
The Police Chief introduced new Police Officer Brock Paul and Mayor Seymore
presented him with a City lapel pin.
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.
Sandra Montez, O.C. Vector Control representative, provided an update on the West
Nile Virus.
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 RELATING TO THE CITIZENS' OPTION FOR
PUBLIC SAFETY/SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND
The Chief of Police provided background information on this item.
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.
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CITY COUNCIL MINUTES SEPTEMBER 8, 2008
It was moved by Mayor Pro Tem Mills and seconded by Council Member Luebben, that
the City Council: 1) Conduct a public hearing consistent with the legal mandates
associated with the Citizens' Option for Public Safety/Supplemental Law Enforcement
Services Fund; and 2) Approve the continued use of grant funds for one (1) police
services officer position, which was approved in fiscal year 1999/2000. These funds,
$80,935, will pay for the police services officer's salary for fiscal year 2008/2009; and 3)
Approve the continued use of the remaining funds for one (1) police officer position,
which was approved during fiscal year 2001/2002. These remaining funds, $20,360,
will pay for a portion of that officer's salary for fiscal year 2008/2009.
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
RESOLUTION NO. 6115
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, APPROVING AN INCREASE OF ESTMIATED REVENUES
FOR FISCAL YEAR 2008/2009 IN THE SUPPLEMENTAL LAW
ENFORCEMENT SERVICES FUND TO BE USED TO PAY FOR THE
SALARY OF A POLICE SERVICES OFFICER AND A PORTION
OF THE SALARY FOR A POLICE OFFICER.
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 that Agenda Item No. 9 be pulled from the Consent
Calendar.
It was moved by Council Member Luebben and seconded by Mayor Seymore, to
approve Consent Calendar Items No. 2 through 8.
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: SECOND READING OF AN ORDINANCE ADDING ARTICLE V TO
CHAPTER 20 OF THE CYPRESS MUNICIPAL CODE IMPLEMENTING THE
EMERGENCY RESPONSE COST RECOVERY PROGRAM.
Recommendation: That the City Council adopt 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.
ORDINANCE NO. 1101
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.
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CITY COUNCIL MINUTES SEPTEMBER 8, 2008
Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF
AUGUST 25, 2008.
Recommendation: That the City Council approve the Minutes of the Meeting of August
25, 2008, as submitted.
Item No. 5: REVIEW OF CONDITIONAL USE PERMIT NO. 97-32, REGARDING A
FIVE-YEAR REVIEW OF AN EXISTING SPRINT-NEXTEL ANTENNA FACILITY
LOCATED AT 8911 WATSON STREET IN THE PC PLANNED COMMUNITY ZONE.
Recommendation: That the City Council receive and file the report.
Item No. 6: FILING OF COMMERCIAL AND INDUSTRIAL REFUSE RATES.
Recommendation: That the City Council receive and file the commercial and industrial
refuse rates.
Item No. 7: ACCEPTANCE OF SHOOTING RANGE CONTRACT AGREEMENT.
Recommendation: That the City Council formally accept the Indemnification and Hold
Harmless Agreement granting permission for other law enforcement agencies to use
the City of Cypress' shooting range facility subject to the fee and certain conditions set
forth in the agreement.
Item No. 8: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2007-08 FOR. WARRANTS NO. 85490 THROUGH
85491, AND FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85487, 85492, AND
87769 THROUGH 87992.
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:
Regarding Item No. 9: APPROVAL OF FUND APPROPRIATION FROM THE
ACUAF CAPITAVMAINTENANCE SURCHARGE ACCOUNT FOR ACUAF
APPROVED PARK PROJECTS.
The Director of Recreation and Community Services provided background information
on this item.
Council Member Bailey expressed his concern over the proposed fencing at the parks
and stated that the original intent of the fund was for capital improvements and
maintenance. He asked if the mobile snack bar currently in use was going to be
purchased by AYSO or if a new one would be purchased.
The Director of Recreation and Community Services stated that AYSO currently
contracts with a vendor that has a mobile snack bar that the group is interested in
purchasing. If the City Council makes a decision to appropriate the funds, those
monies go to the youth groups to purchase the items.
Council Member Bailey asked about any restrictions on the use of the mobile snack bar
and if other organizations could use it.
The Director of Recreation and Community Services responded that the City has not
imposed any restrictions on the use of the mobile snack bar.
Council Member Bailey asked if other user groups would be allowed to use the mobile
snack bar or would it be strictly for AYSO's use.
The Director of Recreation and Community Services replied that, in past years, the user
groups have worked cohesively together with sharing of facilities. However, she is not
aware of AYSO's desired restrictions.
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CITY COUNCIL MINUTES SEPTEMBER 8, 2008
Council Member Bailey asked about the letter to ACUAF members from the Director of
Recreation and Community Services, asking if it was clear that the purchase of the
mobile snack bar is an unusual request since it is not normally considered a capital
improvement.
The Director of Recreation and Community Services responded that the letter details
the purchase, explaining that it is in lieu of a capital project.
Council Member Bailey asked about storage of the mobile snack bar.
The Recreation and Community Services Director stated that the mobile snack bar will
be maintained, owned and operated by AYSO.
Council Member Luebben commented on the mobile snack bar that AYSO wishes to
purchase and possible restrictions that need to be placed on its use.
The Director of Recreation and Community Services stated that the value of the
fundraising with the snack bar is recognized and that staff could ask for mileage
restrictions on the mobile snack bar. She further commented that the City takes
responsibility of the maintenance and hard construction of the snack bars at
Arnold/Cypress Park and Oak Knoll Park. The mobile snack bar, however, would be
maintained by AYSO.
Mayor Seymore asked for clarification on the ACUAF surcharge account and the City's
ability to place restrictions on purchases.
Mayor Pro Tem Mills asked about the urgency in approving this item.
The Director of Recreation and Community Services responded that there is not an
urgency, however, there are safety issues related to Cypress Girls Softball League's
need for the installation of two bullpens at Arnold/Cypress Park along with a good faith
financial reimbursement agreement with Cypress Futbol.
Mayor Pro Tem Mills suggested continuing this item to the September 22, 2008, City
Council meeting.
Council Member Bailey commented on the aesthetic nature of the proposed installation
of two wrought iron gates and fencing on the score booths of fields #1 and #2 at Oak
Knoll Park. He suggested that this project be continued to the next regular City Council
meeting of September 22, 2008.
It was moved by Council Member Bailey and seconded by Council Member Narain, that
the City Council, acting as the ex-officio governing Board of Directors for the Cypress
Recreation and Park District, approve allocation of $7,200 to Cypress Girls Softball
League for the installation of two bullpens and the allocation of $2,600 to Cypress
Futbol for field renovations conducted at various school sites, and continue to the
September 22, 2008 meeting the allocation of $2,000 to Cypress Federal Little League
for the installation of two wrought iron gates and fencing and the allocation of $10,000
to Cypress AYSO for the purchase of a Mobile Concession stand.
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
END OF CONSENT CALENDAR
ORDINANCES
No items.
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CITY COUNCIL MINUTES SEPTEMBER 8, 2008
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:
Presented dictionaries at Cawthon Elementary School in honor of National Literacy
Day.
Mayor Pro Tem Mills:
In honor of September 11th, Mayor Pro Tem read a quote from President Ronald
Reagan and urged everyone to fly the American flag on this day.
Council Member Narain:
Attended the Concert-on-the-Green. Attended an India Independence Day celebration.
Attended a tour of Cottonwood Church.
Council Member Luebben:
Attended an O.C. Sanitation District Steering Committee and Board of Directors
meeting. Attended a SCAG Energy and Environment Committee meeting. Attended a
tour of Cottonwood Church. Attended Friday Night Lights youth flag football games in
Los Alamitos. Toured the Navy guided missile ship, the USS McClusky, at the Seal
Beach Naval Weapons Station.
Mayor Seymore:
Attended a farewell dinner at OCFA Station 17. Attended the Concert-on-the-Green.
Attended a tour of Cottonwood Church. Attended the Grand Opening of Cottonwood
Church.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
None.
ITEMS FROM CITY MANAGER:
The City Manager discussed a newspaper article regarding LAFCO boundary lines and
provided clarification on the process. He further discussed the lack of State budget
adoption and budget cuts in other cities.
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CITY COUNCIL MINUTES SEPTEMBER 8, 2008
ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:54 p.m. to Monday,
September 22, 2008, beginning at 5:00 p.m. in the Executive Board Room.
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MAYOR OF THE CIT OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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