Minutes 2008-09-22 MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
September 22, 2008
A regular meeting of the Cypress City Council was called to order at 5:00 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
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Finance Manager Matt Burton
Building Official Bob Decker
Police Lieutenant Ed Bish
Police Officer Mark Clemons
Administrative Services Manager Andrew Tse
Redevelopment Project Manager Steve Clarke
Management Analyst Alisha Farnell
Records Supervisor Carrie Painter
Recreation Supervisor Jeff Draper
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
WORKSHOP SESSION:
The Recreation and Community Services Director stated that the Master Fee Schedule
has been put into a more streamlined format and it is staff's desire for City Council to
review that data and provide input and recommendations.
Council Member Luebben asked about changes to the Master Fee Schedule provided
as compared to the one that was previously given to City Council.
The Recreation and Community Services Director informed that the Master Fee
Schedule dated September 22, 2008 does reflect minor revisions. She further
commented that the Police fines will not be within the Master Fee document, but will be
a separate document that will be produced simultaneously with the Master Fee
Schedule.
Mayor Pro Tem Mills asked if the smallest increments are one hour unless specified.
Council Member Bailey asked for an explanation on how staff determined the
percentage increases for the Community Center rentals, requesting that it be clear
during the public hearing process.
The Recreation and Community Services Director responded that the current rates
reflect a Community Center and Senior Citizens Center that are of comparable size.
The rental fees were established in the mid 1990's, however, those fees do not take
into consideration the Community Center building increase that occurred in 2007.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
Council Member Luebben commented that the rental fee increases are reasonable, but
it is important for the public to have a clear explanation as to how those increases were
determined.
Council Member Narain commented that staff may wish to provide a breakdown of the
per person rental rate as opposed to the hourly rental rate at the public meeting.
Furthermore, he asked for clarification on contract classes and the rules and fees
associated with block parties.
The Recreation and Community Services Director explained contract class fees,
including the instructor/City fee split. She stated that, in the past, there was not a block
party fee, further explaining the process that residents must follow in order to obtain a
block party permit.
Council Member Luebben suggested that the bingo license fee be increased to either
$250 or $300 per year.
Mayor Pro Tem Mills asked about the criteria used when determining facility rental
deposit refunds.
The Recreation and Community Services Director responded that facility rental deposit
refunds are determined based on the condition of the facility at the conclusion of the
event, equipment damage, necessary excessive cleaning required by staff, or the event
going past the contracted rental time.
Mayor Pro Tem Mills commented that the severity of the offense is not consistent with
the Police fine amounts also commenting that the abandoned vehicle removal fee is a
low amount.
Council Member Luebben commented on the process and discretion used for enforcing
violations such as abandoned vehicles.
The Recreation and Community Services Director stated that, based on the Municipal
Code guidelines, a parade permit deposit of $250 is being proposed. The exception
would be Lexington Junior High School events as they fall under the jurisdiction of the
City's joint use agreement with the Anaheim Union High School District.
Council Member Bailey stated that the Police Department spends a large amount of
time for bingo permits.
The City Manager commented that, in regard to the bingo license fee, the actual cost of
Police services will be taken into consideration.
The Recreation and Community Services Director stated that staff will finalize a
document for the public hearing including verbiage to establish a resolution for the
Police fines.
Mayor Pro Tem Mills stated that the Park and Recreation Development Fee is currently
$8,000 per dwelling unit, however, he recommends that it be $10,000 per dwelling unit.
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.
At 5:50 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.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
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
Chief of Police Mark Yokoyama
Public Works Director Doug Dancs
Recreation and Community Services Director June Liu
Assistant City Engineer Kamran Dadbeh
Administrative Services Manager Andrew Tse
Redevelopment Project Manager Steve Clarke
Senior Civil Engineer Alvin Papa
Associate Engineer Dario Simoes
Recreation Supervisor Jeff Draper
City Clerk Denise Basham
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member
Bailey.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Jamie Blanco, Target Corporation, presented a grant check to the City of Cypress.
Mayor Seymore then presented a Certificate of Special Recognition to Target for their
support of the Cypress Police Department.
The Mayor presented a proclamation to Orange County Fire Authority Battalion Chief
Dave Phillips proclaiming the week of October 5 - 11, 2008 as "Fire Prevention Week"
in the City of Cypress.
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 to review City fees.
The City Council reviewed the City-wide schedule that incorporates fees including those
of Recreation and Police services. The City Council will hold a public hearing to allow
public testimony on this matter.
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 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
a privileged and confidential report was provided. A litigation strategy was
recommended and the City Council unanimously authorized the pursuit and
implementation of that strategy.
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.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
Robert Ferrier, Cypress, spoke regarding Agenda Item No. 6. _
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 Bailey, to
approve Consent Calendar Items No. 1 through 14. ~
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
SEPTEMBER 8, 2008.
Recommendation: That the City Council approve the Minutes of the Meeting of
September 8, 2008, as submitted.
Item No. 3: PROCLAIMING THE WEEK OF OCTOBER 5-11, 2008 AS "FIRE
PREVENTION WEEK" IN THE CITY OF CYPRESS.
Recommendation: That the Mayor and City Council officially proclaim the week of
October 5-11, 2008 as "Fire Prevention Week" in the City of Cypress.
Item No. 4: LETTER OF OPPOSITION TO 2008 SB 375 (STEINBERG).
Recommendation: That the City Council authorize the Mayor to sign the letter of
opposition to 2008 SB 375 (Steinberg).
Item No. 5: ACCEPTANCE OF INSTALLATION OF PLAYGROUND EQUIPMENT IN
VARIOUS PARKS, PUBLIC WORKS PROJECT NO. 2008-01.
Recommendation: That the City Council: 1) Accept the Installation of Playground
Equipment in Various Parks, Public Works Project No. 2008-01, as being satisfactorily
completed in conformance with the project specifications, in the final amount of
$154,612; and 2) Approve the final retention payment of $15,461.20 to Hondo
Company, Inc., Santa Ana, California, thirty-five (35) days after Notice of Completion is
filed, if no claims or objections have been filed; 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: AWARD OF CONSULTANT SERVICES CONTRACT FOR PROPERTY
ACQUISITION SERVICES FOR STORM PUMP STATION NO. 1, PUBLIC WORKS
PROJECT NO. 2008-05.
Recommendation: That the City Council: 1) Award a Consultant Services Contract for
property acquisition services for Storm Pump Station No. 1, Public Works Project No.
2008-05, for an amount not to exceed $95,450, to Overland Pacific & Cutler, Inc., 100
West Broadway, Suite 500, Long Beach, California 90802; and 2) Authorize $14,315
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
(15% of award amount) as contingency to be used for unforeseen work; and 3) Direct
the Director of Public Works/City Engineer to act as Contract Officer.
Item No. 7: ACCEPTANCE OF GRANT FUNDS FROM THE TARGET
CORPORATION.
Recommendation: That the City Council: 1) Accept a grant in the amount of $1,000
from the Target Corporation; and 2) Increase estimated revenues by $1,000 (3525-11,
Other Grants) in the General Fund; and 3) Appropriate $1,000 from the unreserved
fund balance of the City's Equipment Replacement Fund to account 4376-90-659-39
(Unmarked Car); and 4) Approve the transfer of $1,000 from the General Fund (2200-
11) to the Equipment Replacement Fund (1200-90).
Item No. 8: EXTENSION AND CLARIFICATION OF TERM OF SERVICE
CONTRACT -CALIFORNIA FORENSIC PHLEBOTOMY.
Recommendation: That the City Council: 1) Dispense with the formal bidding process,
pursuant to City Code Section 21-A10C, D, and F, since California Forensic
Phlebotomy ("CFP") is the sole source vendor and since the City Council has previously
approved the service agreement that is the subject of this report; and 2) Extend the
previously authorized one (1) year term of the service contract for phlebotomy services
(blood draws) with CFP, 26012 Marguerite Parkway, Suite H-235, Mission Viejo,
California 92692, for an additional four (4) year period ending on July 1, 2012.
Item No. 9: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2007-08.
Recommendation: That the City Council approve additional appropriations for Fiscal
Year 2007-08 as follows:
Additional Appropriation from the unreserved, undesignated fund balance of the
General Fund to:
Account 4179-11-105-01 (Legal Services) $71,200
Account 4003-11-163-05 (Overtime-Police) $170,000
Account 4003-11-165-05 (Overtime-Police) $28,000
Additional Appropriation from the fund balance of the Lighting District No. 2 Fund to:
Account 4200-25-223-07 (Electricity) $123,400
Additional Appropriation from the fund balance of the Supplemental Law Enforcement
Grant Fund to:
Account 4001-30-181-05 (Salaries) $600
Additional Appropriations from the fund balance of the Business Park Assessment
District Debt Service Fund to:
Account 4189-56-369-15 (Professional Services) $700
Item No. 10: APPROVAL OF FISCAL YEAR 2007-08 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CITY OF CYPRESS TO
FISCAL YEAR 2008-09.
Recommendation: That the City Council:
1. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover items as
detailed in Attachment A and summarized as follows:
11 General Fund $ 516,904
15 Capital Projects Fund 3,084,722
24 Traffic Mitigation Assessment Fund 597,398
26 Plan Local Drainage Facility Fund 680,969
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
39 Measure M Gas Tax Fund 41,676
41 Sewer Fund 99,483 '
89 Print Shop/Information Systems Fund 103,143
90 Capital Replacement Fund 387,458
TOTAL 5 511 753
2. Authorize the transfer of funds to support continuing appropriations in Fiscal Year
2008-09 as listed below:
FROM TO AMOUNT
11 General Fund 90 Capital Replacement 37,501
12 Park District General Fund 15 Capital Projects 155,569
22 Gas Tax 2106 Fund 15 Capital Projects 22,160
39 Measure M Gas Tax 22 Special Gas Tax 282,706
TOTAL $ 497,936
3. Authorize the continuation of the following grant revenue to support continuing
appropriations to Fiscal Year 2008-09:
11 General Fund $ 74,895
15 Capital Projects Fund 812,152
TOTAL 887 047
4. Authorize the appropriation of funds in Fiscal Year 2008-09 for items encumbered at ~I
June 30, 2008 as detailed in Attachment B and summarized below:
11 General Fund $ 94,851
15 Capital Projects Fund 650,305
22 Gas Tax 2106 Fund 282,706
26 Plan Local Drain Facility Fund 8,397
39 Measure M Gas Tax Fund 15,415
41 Sewer Fund 46,415
43 Storm Drainage Fund 21,255
89 Print Shop/Information Systems Fund 582
90 Capital Replacement Fund 115,951
TOTAL $ 1,235,877
Item No. 11: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF AUGUST,
2008.
Recommendation: That the City Council receive and file the Investment Report for the
month of August, 2008.
Item No. 12: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85493 THROUGH
85494 AND 87993 THROUGH 88145.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2008-09.
Recreation and Park District Matters:
Item No. 13: APPROVAL OF FUND APPROPRIATIONS FROM THE ACUAF
CAPITAUMAINTENANCE SURCHARGE ACCOUNT FOR TWO ACUAF APPROVED
PARK PROJECT.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District, approve an appropriation of
funds in the amount of $12,000 from the Advisory Committee on Use of Athletic
Facilities (ACUAF) Capital/Maintenance Surcharge Account 4186-12-537-29 for park
improvement projects voted upon by the ACUAF groups on June 30, 2008 at the semi-
annual youth sports ACUAF meeting.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
Item No. 14: APPROVAL OF FISCAL YEAR 2007-08 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS RECREATION
AND PARK DISTRICT TO FISCAL YEAR 2008-09.
Recommendation: That the City Council, acting as the ex-officio governing Board of
Directors for the Cypress Recreation and Park District:
1. Authorize the appropriation of funds in Fiscal Year 2008-09 for items encumbered at
June 30, 2008 as detailed in Attachment A and summarized below:
12 General Fund $234,496
83 Central Services Fund $ 1,264
2. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
12 General Fund $ 203,742
83 Central Services Fund $ 1,200
3. Authorize the transfers of funds to support continuing appropriations in Fiscal Year
2008-09 as listed below:
FROM TO AMOUNT
13 Park Development Fund 12 Rec & Park District $401,154
12 General Fund 15 City CIP Fund $155,569
12 General Fund 83 Central Services Fund $ 1,200
END OF CONSENT CALENDAR
ORDINANCES
No item.
NEW BUSINESS:
Item No. 15: AMENDMENT TO PURCHASING SYSTEM ORDINANCE. CONTRACT
CHANGE ORDER POLICY FOR PUBLIC WORKS PROJECTS. AND PROJECT
DELIVERY PROCESS.
The Public Works Director provided background information on this item.
Council Member Luebben asked about the approval of plans and specifications by
other Orange County cities.
Mayor Pro Tem Mills asked for clarification on notification to the City Council on projects
over $100,000 compared to those under that amount.
The Public Works Director responded that projects over $100,000 would be submitted
for City Council's approval after having already gone out to bid. The City Council would
still have the ability to reject the bids.
Council Member Luebben stated that the purpose of the $100,000 threshold is to
expedite other processes such as change orders and contingencies not necessary for
City Council's approval. He expressed concern with the staff time involved with the
proposed process.
The Public Works Director stated that there should be a balance between the
timeliness of projects and City Council's input and approval.
Council Member Narain commented on the efficiency of the proposed process, asking
about the feasibility of allowing City Council the opportunity to approve project plans
and specifications prior to the bid process.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
The Public Works Director informed of the City Council's proposed approval process as
compared to the current process.
The City Manager stated that projects where aesthetic judgment is to be made may be
of special concern to the City Council. The City Council will have the opportunity to
reject project bids as they see fit.
Mayor Seymore commented on staff's desire to streamline the process for project
approvals.
Council Member Luebben reiterated the proposed process, expressing concern with
City Council being brought into the process after the bid process.
It was moved by Council Member Bailey and seconded by Mayor Pro Tem Mills, that
this item be continued to a future Council meeting to allow staff an opportunity to
address concerns and suggestions raised by the City Council in order to streamline the
process.
The motion was unanimously carried by the following roll call vote: i
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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 Vice Chair Mills and seconded by Agency Chair Seymore, that
the Redevelopment Agency approve Consent Calendar Items No. 16 and 17.
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
Item No. 16: APPROVAL OF ADDITIONAL APPROPRIATIONS FOR FISCAL YEAR
2007-08.
Recommendation: That the Cypress Redevelopment Agency Board approve the
additional appropriation for Fiscal Year 2007-08 as follows:
Additional Appropriation from the fund balance of the Lincoln Avenue Debt Service Fund
to:
Account 4226-53-364-15 (Property Tax Collection) $750
Item No. 17: APPROVAL OF FISCAL YEAR 2007-08 CARRYOVER OF CONTINUING
APPROPRIATIONS AND ENCUMBRANCES FOR THE CYPRESS
REDEVELOPMENT AGENCY TO FISCAL YEAR 2008-09.
Recommendation: That the Cypress Redevelopment Agency Board:
1. Authorize the appropriation of funds in Fiscal Year 2008-09 for the carryover of
continuing appropriations as detailed in Attachment A and summarized as follows:
36 Low and Moderate Housing Set-Aside Fund $2,542,350
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
2. Authorize the appropriation of funds in Fiscal Year 2008-09 for items encumbered at
June 30, 2008 as detailed in Attachment B and summarized below:
35 Civic Center Project Fund $2,249
37 Lincoln Avenue Project Fund $3,500
38 LART Project Fund $30,393
36 Low and Moderate Housing Set-Aside Fund $11,250
END OF CONSENT CALENDAR
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Seymore requested reports from the Council Members on their respective
committee assignments.
Council Member Narain:
Attended the O.C. League of California Cities Installation dinner. Attended the Concert-
on-the-Green. Attended the Woman's Club of Cypress Veterans barbecue. Attended
the Cypress Community Festival Volunteer Recognition. Attended the Cypress
Chamber of Commerce Mixer at Warland.
Council Member Luebben:
Attended an O.C. Sanitation District Administration Committee meeting. Attended an
O.C. Sanitation District Steering Committee and Board of Directors meeting.
Council Member Bailey:
Attended a District 29 Little League staff meeting. Attended the Cypress Chamber of
Commerce Mixer at Warland. Attended the Cypress High School versus Artesia High
School football game.
Mavor Pro Tem Mills:
Attended the Cypress Chamber of Commerce Networking breakfast. Attended the
Cypress School District Board meeting. Attended a 9/11 remembrance service at the
O.C. Fire Authority Station in Cypress. Attended the Future is Green Conference and
Expo in Long Beach. Attended the Cypress Community Festival Volunteer Recognition.
Attended the Stanton Chamber of Commerce luncheon. Attended the Cypress
Chamber of Commerce Mixer at Warland. Attended the Legislative Committee meeting
at the Joint Forces Training Base. Attended the Concert-on-the-Green. Attended the
Cypress Art League display at the Community Center.
Mavor Seymore:
Attended ethics training as required by AB 1234. Attended the O.C. League of
California Cities Installation dinner. Attended the Concert-on-the-Green. Attended the
Woman's Club of Cypress' Veterans barbecue. Attended a GIS conference. Attended
the Cypress Community Festival Volunteer Recognition. Attended the Cypress
Chamber of Commerce Mixer at Warland. Attended an O.C. Fire Authority Board
meeting. Attended the Cypress Art League display at the Community Center.
Council Member Luebben congratulated the Woman's Club of Cypress on the success
of their Veterans barbecue.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Arline Burgmeier, Cypress, spoke regarding Proposition 11 and requested City Council
support.
Ed Munson, Cypress Chamber of Commerce, spoke regarding upcoming activities and
events.
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CITY COUNCIL MINUTES SEPTEMBER 22, 2008
ITEMS FROM CITY MANAGER:
None.
ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:07 p.m. to Monday,
October 13, 2008, beginning at 5:00 p.m. in the Executive Board Room.
MAYOR OF TH CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
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