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Minutes 2008-11-10 22~ MINUTES OF A REGULAR MEETING OF THE CYPRESS CITY COUNCIL HELD November 10, 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 Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Mike Idom Assistant City Engineer Kamran Dadbeh Senior Civil Engineer Alvin Papa Administrative Services Manager Andrew Tse City Clerk Denise Basham ORAL COMMUNICATIONS: None. WORKSHOP SESSION: The City Manager stated that the AT&T Lightspeed Project workshop is a follow-up to the one held on October 13, 2008, and the subsequent community meeting. he Public Works Director distributed information recapping the October 13, 2008, City Council workshop. He stated that the project includes 25, 4'x4'x2' above-ground cabinets. A community meeting was held on October 30, 2008, with seven members of the community in attendance. Mayor Pro Tem Mills asked if the attendance at the community meeting was what staff was expecting for this type of project. The Public Works Director stated that if the proposal was to place the cabinets in residential areas, there may have been a larger community attendance. Mayor Seymore asked if the additional cabinets will be placed nearer to residential areas. The Public Works Director responded that the location of the additional cabinets will be determined with the same process as placement of the initial 25 cabinets. Council Member Bailey commented that some community members expressed concern with the location of the cabinets, obstruction to construction vehicles, along with suggestions that the cabinets be placed underground. He asked if staff adequately addressed those issues. The Public Works Director stated that the community members in attendance were told that City inspectors will work with the contractor and the community on construction impacts and staff will respond to the a-mail concerns. 227 CITY COUNCIL MINUTES NOVEMBER 10, 2008 John Heffernan, AT&T, stated that traffic concerns have not been an issue. Council Member Luebben commented that the construction concerns are short-term based on the project. He asked, however, if the citizen's request for cabinet relocation is reasonable. He expressed concerns with the project not being universal and the new fiber optic connecting to the old copper. Mayor Pro Tem Mills stated that after his review of the project materials he feels that it is not an equal opportunity for all of the residents of Cypress to have a choice. He also expressed concerns with the fiber optic connecting to the old copper. Council Member Narain asked about health hazards and radiation related to the project. Council Member Narain asked what part of Cypress is not covered by AT&T. The Public Works Director responded that Cypress residents who live south of Katella Avenue are covered by Verizon. Maps depicting the service area were provided. Council Member Narain asked which cities AT&T has already completed the upgrade. Mr. Heffernan replied that AT&T upgrades have been done in various cities including Orange, Garden Grove and Laguna Hills. The Public Works Director informed of recent communication he has had with the City of Stanton's Public Works Director and no initial issues of concern have been raised. Council Member Narain suggested that Phase II not include cabinets in residential areas. Mayor Seymore asked about how much of the newly paved roads will be torn up from this project. The Public Works Director responded that there would not be any roadways torn up. Council Member Bailey encouraged staff to contact and follow-up with the residents who have expressed concerns with the project. Council Member Luebben asked what will be done with the residents who are provided with service from Verizon. The Public Works Director commented that Verizon still has not submitted their plans. The City Attorney reported that the City Council 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 244-044-01, 03, and 04 and 241-204-02, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12; Consisting of Approximately 1.928 Acres on Myra Avenue, between Walker Street and Moody Street Party Negotiating With: Robert S. Ferrier Trust, Andrea & Bradford Acorn, James P. & Michelle Francho, Yoon Hee Kim, Bleeker Graham, John Dixon, Geoffrey S. Fraser Family Trust, Mathew George, Mario Ramirez, Mark Heffernan Trust, Petcharat & Songkran Patipaksiri, Kwang Chae Yi, Dung Minh Cao, Anhdao Vu Trust; Negotiating Party: City Manager and Director of Public Works; Under Negotiation: Price and Terms of Payment. 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), Caudillo et al. v. City of Cypress; Case Number 30-2008- 00070382 Orange County Superior Courts At 5:56 p.m., the Mayor recessed the meeting. 2 228 CITY COUNCIL MINUTES NOVEMBER 10, 2008 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 Public Works Director Doug Dancs Recreation and Community Services Director June Liu Police Captain Mike Idom Assistant City Engineer Kamran Dadbeh Redevelopment Project Manager Steve Clarke Senior Civil Engineer Alvin Papa Associate Engineer Dario Simoes Administrative Services Manager Andrew Tse Recreation Supervisor Jeff Draper City Clerk Denise Basham PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Luebben. INVOCATION: The invocation was given by City Attorney Wynder. PRESENTATIONS: The Mayor presented a Resolution recognizing the Bradley Family as the 2008 Cypress Family of the Year. The meeting was recessed at 7:10 p.m. for the 2008 Family of the Year Reception. The meeting was reconvened at 7:17 p.m. 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 second workshop for discussion of the AT&T Lightspeed Project. He stated that a community meeting was held to receive comments on the installation of 25 cabinets. 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 Real Property Negotiators, pursuant to Government Code Section 54956.8, Real Property Identified by APN Numbers 244-044-01, 03, and 04 and 241- 204-02, 03, 04, 05, 06, 079 08, 09, 10, 11, and 12; Consisting of Approximately 1.928 Acres on Myra Avenue, between Walker Street and Moody Street; Party Negotiating With: Robert S. Ferrier Trust, Andrea & Bradford Acorn, James P. & Michelle Francho, Yoon Hee Kim, Bleeker Graham, John Dixon, Geoffrey S. Fraser Family Trust, Mathew George, Mario Ramirez, Mark Heffernan Trust, Petcharat & Songkran Patipaksiri, Kwang Chae Yi, Dung Minh Cao, Anhdao Vu Trust; Negotiating Party: City Manager and Director of Public Works; Under Negotiation: Price and Terms of Payment. The City Attorney stated that this is the acquisition of real property for the construction of 3 229 CITY COUNCIL MINUTES NOVEMBER 10, 2008 certain public improvements through a voluntary purchase and sale. There was a privileged and confidential briefing about ongoing negotiations with property owners. No reportable action was taken nor was any solicited. 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), Caudillo et al. v. City of Cypress, Case Number 30-2008-00070382 Orange County Superior Court. The City Attorney stated that a briefing was provided on the litigation. Settlement authority was discussed and the City Council unanimously authorized the City Attorney to pursue settlement within the perimeters of terms and conditions. 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. None. 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 REVIEW OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR FISCAL YEAR 2009- 2010. The Redevelopment Project Manager provided background information on this item. Council Member Luebben clarified that the City is requesting $645,000, not $4 million. 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 Bailey and seconded by Council Member Luebben, that the City Council: 1) Hold a public hearing to review the list of projects proposed for Community Development Block Grant (CDBG) funding for Fiscal Year 2009-2010 and allow for citizen input regarding project proposals; and 2) Adopt the Resolution by title only, approving the City's participation in the Fiscal Year 2009-2010 Community Development Block Grant Program with the County of Orange, and authorize the Mayor to sign the grant request on behalf of the Cypress City Council. 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. 6124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, APPROVING THE CITY'S PARTICIPATION IN THE FISCAL YEAR 2009-2010 HOUSING AND COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM WITH THE COUNTY OF ORANGE. 4 X30 CITY COUNCIL MINUTES NOVEMBER 10, 2008 CYPRESS REDEVELOPMENT AGENCY: Item No. 2: PUBLIC HEARING REGARDING APPROVAL OF AN AGREEMENT TO PURCHASE AFFORDABILITY COVENANTS AT 5201 LINCOLN AVENUE. The Redevelopment Project Manager provided background information on this item. Agency Chair Seymore stated that in 2004 he had an opportunity to review the site. Agency Member Bailey asked about the City's current deficiency in inclusionary units. The Redevelopment Project Manager stated that the current inclusionary deficit is 80 units, with 40 units reserved for households with low incomes and 40 units with households with very low incomes. Agency Member Bailey asked about the court validation process. Allison Lemoine-Bui, Redevelopment Agency Counsel, responded that the purchasing covenant is a unique provision in the redevelopment law in that it is not used very frequently. The reason for seeking validation for this transaction is due to piggy- backing on existing covenants. Redevelopment law requires covenants for a period of 55 years, and these units already have covenants for 30 years. Council Member Bailey asked what the initial per unit cost was in 2004. The Redevelopment Project Manager stated the current covenant agreements are substantially less. Agency Vice Chair Mills asked for clarification of the process for the benefit of the audience. The Redevelopment Project Manager stated that Redevelopment law requires that a certain portion of the funds that the redevelopment Agency earns needs to be expended for affordable housing purposes. Those funds cannot accumulate. The City Attorney stated that housing set-aside money is being used to provide our regional fair share of low and very low income housing. The public hearing was opened. Agency Chair Seymore asked if there was anyone who wished to speak in favor of the item. Agency Chair Seymore asked if there was anyone who wished to speak against the item. The public hearing was closed. Agency Member Luebben stated that what is being paid for the affordable units is significantly less than the $250,000 average cost. It was moved by Agency Member Luebben and seconded by Agency Chair Seymore, that the Cypress Redevelopment Agency Board: 1) Hold a public hearing to consider approval of an agreement to purchase affordability covenants at 5201 Lincoln Avenue; and 2) Adopt the Resolution by title only, approving the Loan Agreement and Agreement to Acquire Covenants, and authorize the Executive Director to execute the Agreement on behalf of the Agency. 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 5 231 CITY COUNCIL MINUTES NOVEMBER 10, 2008 RESOLUTION NO. CRA - 133 A RESOLUTION OF THE CYPRESS REDEVELOPMENT AGENCY, APPROVING A LOAN AGREEMENT AND AGREEMENT TO ACQUIRE COVENANTS BY AND AMONG THE AGENCY, AFFORDABLE HOUSING ACCESS, INC., AND CYPRESS-TV, LLC, FOR THE AGENCY'S ACQUISITION OF LONG-TERM AFFORDABILITY COVENANTS. 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. Mayor Pro Tem Mills abstained from Agenda Item No. 4. It was moved by Council Member Luebben and seconded by Mayor Seymore, to approve Consent Calendar Items No. 3 through 13. 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. 3: MOTION TO INTRODUCE AND/OR ADOPT ALL ORDINANCES AND RESOLUTIONS PRESENTED FOR CONSIDERATION BY TITLE ONLY AND TO WAIVE FURTHER READING. Item No. 4: APPROVAL OF CITY COUNCIL MINUTES OF THE MEETING OF OCTOBER 27, 2008. Recommendation: That the City Council approve the Minutes of the Meeting of October 27, 2008, as submitted, with Mayor Pro Tem Mills abstaining. Item No. 5: ADOPTION OF A RESOLUTION RECOGNIZING THE BRADLEY FAMILY AS THE 2008 CYPRESS FAMILY OF THE YEAR. Recommendation: That the City Council adopt the Resolution by title only, recognizing the Bradley Family as the 2008 Cypress Family of the Year. RESOLUTION NO. 6125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, RECOGNIZING THE BRADLEY FAMILY AS THE 2008 CYPRESS FAMILY OF THE YEAR. Item No. 6: REPLACEMENT OF POLICE IDENTIFICATION CARD SYSTEM. Recommendation: That the City Council: 1) Award a contract to Western Graphix, 23635 Madison Street, Torrance, California, for the purchase of a new identification card software manufacturing system. The identification card system, tax, delivery, set-up and instruction are included in the purchase price of $5,632; and 2) Appropriate $5,632 to account number 4305-90-656-35 (Equipment, Police) from the Equipment Replacement Fund (Fund 90) balance for the replacement of the identification card system. Item No. 7: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) TRAFFIC GRANT. Recommendation: That the City Council: 1) Accept the Office of Traffic Safety (OTS) Grant; and 2) Increase estimated revenues (3525-11-Grants) in the General Fund for the grant total of $33,415; and 3) Approve appropriations from the unreserved fund balance of the General Fund to account 4003-11-188-05 (overtime) in the amount of $33,415. 6 232 CITY COUNCIL MINUTES NOVEMBER 10, 2008 Item No. 8: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL CONTRACT FOR DESIGN SERVICES FOR SEWER REHABILITATION AT LINCOLN AVENUE AND VARIOIUS LOCATIONS. Recommendation: That the City Council approve a Task Order in the amount of $223,160 for design services for sewer rehabilitation at Lincoln Avenue (Project No. 2008- 23) and Various Locations (Project No. 2008-10) to AKM Consulting Engineers, Irvine, California; and 2) Authorize $33,500 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. 9: AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ON-CALL ENGINEERING STORM DRAIN DESIGN SERVICES. Recommendation: That the City Council: 1) Award a Professional Contract Services Agreement for On-Call Engineering Storm Drain Design Services to AKM Consulting Engineers, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer; and 2) Award a Professional Contract Services Agreement for On- Call Engineering Storm Drain Design Services to Harris and Associates, Irvine, California, and direct the Director of Public Works/City Engineer to act as Contract Officer. Item No. 10: AWARD OF PROFESSIONAL CONTRACT SERVICES AGREEMENTS FOR ROADWAY AND TRANSPORTATION DESIGN SERVICES FOR CERRITOS AVENUE AT WALKER STREET INTERSECTION IMPROVEMENT. VALLEY VIEW STREET AT CERRITOS AVENUE INTERSECTION IMPROVEMENT AND BALL ROAD AT GRINDLAY STREET TRAFFIC SIGNAL INSTALLATION. Recommendation: That the City Council: 1) Award a Professional Contract Services Agreement for Roadway and Transportation Design Services for Cerritos Avenue at Walker Street Intersection Improvement (Project No. 2008-25), Valley View Street at Cerritos Avenue Intersection Improvement (Project No. 2008-26), and Traffic Signal Installation at the Intersection of Ball Road at Grindlay Street (Project No. 2008-27), for an amount not to exceed $145,300, to Rick Engineering Company, Lake Forest, California; and 2) Authorize $21,795 (15% of award amount) as contingency to be used for unforeseen work and direct the Director of Public Works/City Engineer to act as Contract Officer; and 3) Authorize an increase in Estimated Revenues by $255,000 in Account No. 3525-24 (Traffic Mitigation Fund) for the receipt of funds from the Orange County Transportation Authority; and 4) Authorize an appropriation of $60,000 into Account No. 4186-24-897-22 from the unreserved fund balance of the Traffic Mitigation Fund. Item No. 11: EXECUTION OF PROMISSORY NOTE BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the City Council authorize City staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of $20,000,000 with the Cypress Redevelopment Agency to renew a maturing Promissory Note that was used for the purchase of land, with the repayment by the Agency being made from the proceeds resulting from reselling the land for development. Item No. 12: EXECUTION OF PROMISSORY NOTES BETWEEN THE CITY OF CYPRESS AND THE CYPRESS REDEVELOPMENT AGENCY. Recommendation: That the City Council authorize City staff to execute the Repayment Agreement and two Promissory Notes (Exhibit "B") in the amount of $10,600,000 with the Cypress Redevelopment Agency, with the repayment by the Agency being made from future tax increments or other available project area revenue sources. Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85498 THROUGH 85499 AND 88552 THROUGH 88742. Recommendation: That the City Council approve the attached warrant register and wire transfers for Fiscal Year 2008-09. END OF CONSENT CALENDAR 233 CITY COUNCIL MINUTES NOVEMBER 10, 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. It was moved by Agency Member Luebben and seconded by Agency Member Narain, that the Redevelopment Agency approve Consent Calendar Items No. 14 and 15. 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. 14: EXECUTION OF PROMISSORY NOTE BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and Promissory Note (Exhibit "B") in the amount of $20,000,000 with the City of Cypress to renew a maturing Promissory Note that was used for the purchase of land, with the repayment by the Agency being made from the proceeds resulting from reselling the land for development. Item No. 15: EXECUTION OF PROMISSORY NOTES BETWEEN THE CYPRESS REDEVELOPMENT AGENCY AND THE CITY OF CYPRESS. Recommendation: That the Cypress Redevelopment Agency Board authorize Agency staff to execute the Repayment Agreement and two Promissory Notes (Exhibit "B") in the amount of $10,600,000 with the City of Cypress, with the repayment to the City to be made from future tax increments or other available project area revenue sources. 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 Boys & Girls Club of Cypress' fundraiser. Council Member Luebben: Attended a SCAG meeting. Attended a youth swim meet in Long Beach. Attended a SCAG Integrated Policy Task Force meeting. Council Member Bailev: Attended the Boys & Girls Club of Cypress' fundraiser. 8 z~4 CITY COUNCIL MINUTES NOVEMBER 10, 2008 Mayor Pro Tem Mills: Announced a Veterans Day event at the Joint Forces Training Base. Announced the Air Force event at the Long Beach Airport. Attended a disabled veterans golf clinic at the Navy Golf Course. Attended a SCAG Transportation Committee meeting. Attended the Boys & Girls Club of Cypress' fundraiser. Attended a Veterans Luncheon at the Cypress Community Center. Mayor Seymore: Attended the Halloween carnival at the Cypress Community Center. Attended a Veterans Appreciation reception at the Tanglewood North condominium complex. Attended a recognition event at Fire Station 17 for two special needs residents. Attended the Boys & Girls Club of Cypress' fundraiser. Met with representatives of two senior clubs. ORAL COMMUNICATIONS: For Matters Not on the Agenda. Bob Snow, Cypress Chamber of Commerce, spoke regarding upcoming events. ITEMS FROM CITY MANAGER: No items. ADJOURNMENT: Mayor Seymore adjourned the meeting at 7:53 p.m. to Monday, November 24, 2008, beginning at 5:30 p.m. in the Executive Board Room. MAYOR OF THE CITY O CYPRESS ATTEST: CITY CLERK OF THE CITY OF CYPRESS 9