Minutes 2008-11-24 2~5
MINUTES OF A REGULAR MEETING OF THE
CYPRESS CITY COUNCIL
HELD
November 24, 2008
A regular meeting of the Cypress City Council was called to order at 6:30 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
City Attorney William Wynder
Director of Community Development Ted Commerdinger
City Clerk Denise Basham
ORAL COMMUNICATIONS:
None.
CLOSED SESSION:
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 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.
At 6:31 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 7:06 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 Director June Liu
Assistant City Engineer Kamran Dadbeh
Public Works Superintendent Bobby Blackburn
Senior Civil Engineer Alvin Papa
Associate Engineer Dario Simoes
Administrative Services Manager Andrew Tse
City Clerk Denise Basham
Deputy City Clerk Rhonda Barone
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CITY COUNCIL MINUTES NOVEMBER 24, 2008
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor Pro Tem Mills.
INVOCATION: The invocation was given by City Attorney Wynder.
PRESENTATIONS:
Jennifer Phillips, Director, Orange County Animal Care Services, provided an update on
the barking dog ordinance.
The Chief of Police introduced new Police Officers Jonathan Gonzales, Andrew
Sanchez, and Michael Williams.
The City Clerk administered the Loyalty Oath and presented Certificates of Election to
newly-elected Council Members Phil Luebben and Todd Seymore.
The meeting was recessed at 7:23 p.m.
The meeting was reconvened at 7:38 p.m.
REPORT OF WORKSHOP AGENDA/CLOSED SESSION:
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 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 City Attorney stated that the negotiating
strategy was considered, reviewed and approved unanimously by the Agency Board.
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.
Heather Hagan, Joint Forces Training Base, provided an update on upcoming activities
at the base.
Barbara Dunsheath, North Orange County Community College District, introduced
herself and briefly discussed renovations at Cypress College.
Council Member Luebben asked about the public being included on a-mail updates for
the Joint Forces Training Base.
Ms. Hagan provided telephone and a-mail information.
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.
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CITY COUNCIL MINUTES NOVEMBER 24, 2008
The City Attorney stated that, in regard to Agenda Item No. 3, that the Resolution be
adopted as amended, excluding any reference to the Cypress Recreation and Park
District.
Council Member Luebben requested Agenda Item No. 3 be pulled from the Consent
Calendar.
It was moved by Mayor Pro Tem Mills and seconded by Council Member Luebben, to
approve Consent Calendar Items No. 1 and 2 and 4 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. 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
NOVEMBER 10, 2008.
Recommendation: That the City Council approve the Minutes of the Meeting of
November 10, 2008, as submitted.
Item No. 4: DESIGN REVIEW COMMITTEE PERMIT NO. 2008-04, A REQUEST TO
APPROVE A SIGN PROGRAM FOR THE WALGREENS DRUG STORE LOCATED AT
6006 LINCOLN AVENUE IN THE PC PLANNED COMMUNITY ZONE.
Recommendation: That the City Council adopt the Resolution by title only, approving
Design Review Committee Permit No. 2008-04, subject to the fifteen (15) conditions
attached in Exhibit "A" of the resolution.
RESOLUTION NO. 6127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2008-04
- WITH CONDITIONS.
Item No. 5: ACCEPTANCE OF FISCAL YEAR 2007-2008 ANNUAL REPORT FOR
THE CYPRESS REDEVELOPMENT AGENCY.
Recommendation: That the City Council accept and direct staff to file the Fiscal Year
2007-2008 Annual Report of the Cypress Redevelopment Agency with the State
Department of Housing and Community Development by December 31, 2008.
Item No. 6: ACCEPTANCE OF THE OFFICE OF TRAFFIC SAFETY (OTS) DRIVING
UNDER THE INFLUENCE 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 $63,424; and 3) Approve appropriations from the fund balance of the
General Fund as follows: 4003-11-184-05 (Overtime) in the amount of $63,424.
Item No. 7: APPROPRIATION OF FUNDS (FISCAL YEAR 2008-2009) FOR OFFICE
OF TRAFFIC SAFETY "AVOID THE 28" DRIVING UNDER THE INFLUENCE GRANT.
Recommendation: That the City Council: 1) Increase estimated revenues (3525-11-
Other Grants) in the General Fund for the grant total of $16,000; and 2) Approve
appropriations from the fund balance of the General Fund as follows: 4003-11-183-05
(Overtime) in the amount of $16,000.
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CITY COUNCIL MINUTES NOVEMBER 24, 2008
Item No. 8: APPROVAL OF A TASK ORDER WITHIN THE EXISTING ON-CALL
CONTRACT FOR DESIGN SERVICES FOR STORM DRAIN DESIGN AT MOODY
STREET AND DANNY AVENUE/WALKER STREET.
Recommendation: That the City Council: 1) Approve a Task Order, in the amount of
$322,915, for engineering storm drain design services for Moody Street Storm Drain,
Project No. 2008-12, and Danny Avenue/Walker Street Storm Drain, Project No. 2008-
19, to Harris and Associates; and 2) Authorize $48,437 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: ACCEPTANCE OF THE INSTALLATION OF A KEYCARD ACCESS
SYSTEM AT CITY HALL AND COUNCIL CHAMBER. PUBLIC WORKS PROJECT NO.
2007-11.
Recommendation: That the City Council accept the Installation of the Keycard Access
System at City Hall and Council Chamber, Public Works Project No. 2007-11, as being
satisfactorily completed in conformance with the project specifications, in the final
amount of $40,743.45.
Item No. 10: APPROVAL OF TASK ORDER WITHIN THE EXISTING ON-CALL
CONTRACT FOR CONSTRUCTION MANAGEMENT/INSPECTION/ENGINEERING
SERVICES FOR REPLACEMENT OF HVAC SYSTEMS AT CITY HALL. POLICE
DEPARTMENT, AND MAINTENANCE YARD.
Recommendation: That the City Council: 1) Approve a Task Order for Construction
Management and Inspection Services in the amount of $73,300, within the agreement
for On-Call Construction Managementllnspection/Engineering Services, for
Rehabilitation of HVAC Systems at City Hall, Council Chamber, and Maintenance Yard
(Project No. 2007-04), to Jacobs Field Services North America, Inc. (Jacobs); and 2)
Authorize $7,300 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. 11: APPROVAL OF PAYMENT TO THE CITY OF BUENA PARK FOR
SHARING THE COST OF IMPROVEMENTS ON VALLEY VIEW STREET FROM
ORANGETHORPE AVENUE TO LINCOLN AVENUE PER JOINT PARTICIPATION
AGREEMENT DATED OCTOBER 22. 2007.
Recommendation: That the City Council approve a payment to the City of Buena Park
in the amount of $79,887.50 for the shared cost of improvements on Valley View Street
from Orangethorpe Avenue to Lincoln Avenue.
Item No. 12: REVIEW OF INVESTMENT REPORT FOR THE MONTH OF OCTOBER,
2008.
Recommendation: That the City Council receive and file the Investment Report for the
month of October, 2008.
Item No. 13: APPROVAL OF COMMERCIAL WARRANT LIST AND WIRE
TRANSFERS FOR FISCAL YEAR 2008-09 FOR WARRANTS NO. 85500 THROUGH
85501 AND 88743 THROUGH 88926.
Recommendation: That the City Council approve the attached warrant register and
wire transfers for Fiscal Year 2008-09.
Regarding Item No. 3: CONSIDERATION OF APPROVAL OF THE ORANGE
COUNTY ANIMAL CARE ANIMAL SHELTERING AND CONTROL MASTER
AGREEMENT, Council Member Luebben requested information regarding the fee
increase.
Jennifer Phillips, O.C. Animal Care Services, stated that the contract appropriation is
based on an overall budget increase by the Orange County Animal Care Services due
to program and service enhancements, along with the City's increase in the use of
services.
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CITY COUNCIL MINUTES NOVEMBER 24, 2008
It was moved by Council Member Luebben and seconded by Mayor Seymore, that the
City Council: 1) Approve the Master Agreement with Orange County Animal Care
Services (OCACS) for animal sheltering and control services provided for the City of
Cypress for FY 2008-09; and 2) Authorize the City Manager to execute the Master
Agreement and future Notices of Intent; and 3) Approve an appropriation of an
additional $30,000 to Fund Number 4188-11-270-07, as amended.,
RESOLUTION NO. 6126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE ORANGE COUNTY ANIMAL CARE ANIMAL
SHELTERING AND CONTROL MASTER AGREEMENT.
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.
No items.
ITEMS FROM CITY COUNCIL MEMBERS:
Mayor Seymore requested reports from the Council Members on their respective
committee assignments.
Council Member Narain:
Attended the Measure M appreciation event. Attended the Soroptimist Club of Cypress'
holiday fundraiser. Attended the Cypress College Americana Awards kickoff event.
Attended the Cypress Civic Theatre Guild fundraiser.
Council Member Bailey:
Discussed the BRACE Committee meeting with George Bushard of Fuji Photo.
Council Member Luebben:
Attended an O.C. Sanitation District Administration and Finance Committee meeting.
Attended the Friday Night Lights flag football games. Attended an O.C. Sanitation
District Steering Committee and Board of Directors meeting. Attended a swim meet in
Mission Viejo. Discussed an a-mail he received from the Vessels Elementary School
Principal in regard to the school consolidation and closures.
Council Member Luebben discussed the City Council accomplishments during the last
four years and thanked the community for their support.
Mayor Pro Tem Mills:
Attended the Veterans Day event at the Joint Forces Training Base. Attended the O.C.
Division of the League of California Cities monthly meeting. Attended the Cypress
Chamber of Commerce luncheon for new members. Attended the Measure M
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CITY COUNCIL MINUTES NOVEMBER 24, 2008
appreciation event. Attended the League of California Cities legislative briefing.
Attended the Precious Life Shelter dedication in Los Alamitos. Attended the Cypress
Civic Theatre Guild fundraiser.
Mayor Seymore:
Attended the O.C. Division League of California Cities monthly meeting. Attended a
West-Comm Board meeting. Attended an O.C. Fire Authority Board of Directors
meeting. Attended the Holiday Bazaar at the Cypress Community Center. Attended
the Cypress Civic Theatre Guild fundraiser.
Mayor Seymore thanked the community for their support and stated that he is looking
forward to serving another four years.
ORAL COMMUNICATIONS: For Matters Not on the Agenda.
Ed Munson, Cypress Chamber of Commerce, provided an update on upcoming events
and activities.
ITEMS FROM CITY MANAGER:
No items.
ADJOURNMENT: Mayor Seymore adjourned the meeting at 8:06 p.m. to Monday,
December 8, 2008, beginning at 5:30 p.m. in the Executive Board Room.
v vt V
MAYOR OF THE C Y OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
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